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5/8/20 – Idealease Safety Bulletin – “Be on the Defense”


The May 8th edition of the weekly Idealease Safety Bulletin has arrived! Find useful safety tips for all transportation professionals and stay up-to-date on recent updates and changes to industry regulations.  Be sure to sign up to receive our timely tips straight to your inbox each week!

Click here to download this week's edition, or click the thumbnail below for the PDF version to share with your team!

In this important issue, find information on the following items:

1. Important Dates Related To COVID-19 as of May 8, 2020

  • May 15 National Emergency Declaration Expires
  • May 15 FMCSA Temporary Authority Waiver Expires
  • June 30 FMCSA CDL and Medical Certification Waiver Expires for CDL’s and Medical Certifications that have expired after March 1st. Includes all states, Canada, and Mexico who have issued similar declarations.

2.  Be on the Defense!

Now is the time to remind your drivers of this change and that they should be operating with a high level of defensive driving. Below are the Smith5Keys to defensive driving that the Smith System uses in training drivers.

 

  • Aim High in Steering- Look 15 seconds into your future. (Do not just look at the vehicle in front of you)
  • Get the Big Picture- Look for Hazards. (Other Motorists, Pedestrians, Vehicle doors opening)
  • Keep Your Eyes Moving- Do not stare. (Use your peripheral vision) (Stop the fixed habit stare)
  • Leave Yourself an Out- Monitor the space cushion around you and your bike.
  • Make sure They See You- Use your signals- (Directionals, 4-Way Flashers, Head Lights, Brake Lights, Horn, Hand Signals) Make Eye Contact.

3.  Good defensive drivers have the five following characteristics:

  1.  Knowledge: of the traffic laws and the basics about their motorcycles, such as how the brake system operates and how to read gauges and lights on the dash.
  2.  Alertness: to what is going on around them. They are well-rested and would never take any drugs or alcohol that could affect their concentration before riding a motorcycle.
  3. Anticipation: Defensive drivers anticipate what may or may not happen, and they take action to avoid many problems. They anticipate potential hazards from other motorists, pedestrians, weather and equipment and take steps to minimize the risk.
  4. Judgment: they do not make risky maneuvers like trying to beat red lights.They don’t try to pass unless it’s safe and they look for alternatives to any traffic situation.
  5. Skill: have the technical skills to operate the motorcycle safely through traffic without endangering anyone else on the road. They can handle the motorcycle even in hazardous conditions. (Smith System of Defensive Driving)

4. Annual DOT Inspection (Periodic Inspection)

  • The annual DOT Inspection is required of all CMV’s that have a GVWR of 10,001 lbs or more, as defined in the definition of a CMV in CFR 390.5 for interstate carriers with US DOT operating authority. (For INTRAstate operators check with your state carrier enforcement for adoption of this federal regulation) CFR 396.17 requires that all CMV’s that meet the above definition be inspected annually, according to Appendix G of the FMCSA regulations.
  • A motor carrier shall not use a commercial motor vehicle unless each component identified in Appendix G has passed an inspection at least once during the preceding 12 months and
    documentation of such inspection is on the vehicle.The documentation may be:
    the inspection report prepared in accordance with CFR 396.21 or other forms of documentation, based on the inspection report (e.g., sticker or decal), which contains the following information:

    • Date of inspection
    • Name of Motor Carrier
    • Address of the motor carrier or other entity where the inspection report is maintained
    • Information uniquely identifying the vehicle inspected if not clearly marked on the
    • motor vehicle
    • Certification that the vehicle has passed an Inspection in accordance with CFR 396.17.
  • Motor Carrier record keeping requirements for periodic inspections are found in CFR 396.21.
    The qualified inspector performing the inspection shall prepare a report which:

    • Identifies the individual performing the inspection
    • Identifies the motor carrier operating the vehicle
    • Date of the inspection
    • Vehicle inspected
    • Vehicle components inspected
    • Describes the results of the inspection
    • Includes the identification of those components not meeting the minimum standards set forth in Appendix G.
    • Certifies the accuracy and completeness of the inspection as complying with all the requirements of CFR 396.17.
  • The original or copy of the inspection report shall be retained by the motor carrier or other entity that is
    responsible for the inspection for a period of fourteen months from the date of the inspection report. The original or a copy of the inspection report shall be retained where the vehicle is either housed or maintained. The original or a copy of the inspection report shall be available for inspection upon demand of an authorized Federal, State, or local official.

Who is a qualified Inspector?
The FMCSA defines an inspector in CFR 396.17 as a person who understands the inspection criteria set forth in 49 CFR Part 393 and Appendix G of this subchapter and can identify defective components. That person is knowledgeable of and has mastered the methods, procedures, tools, and equipment used when performing an inspection. Also, capable of performing an inspection by reason of experience and training. An example of a certification for an annual inspector can be found here.

Exemptions to the Periodic Inspection Program
Vehicles passing roadside or periodic inspections performed under the auspices of any State government, equivalent jurisdiction, FMCSA, meeting the minimum standards contained in Appendix G of this subchapter, will be considered to have met the requirements of an annual inspection for a period of 12 months. Commencing from the last day of the month in which the inspection was performed. The following states and provinces have mandatory inspection programs that meet this exemption:

United States:
The Federal Motor Carrier Safety Regulations require that all commercial motor vehicles operating in interstate commerce must pass an inspection at least annually. One way to satisfy this requirement is through the periodic inspection programs administered by certain states. To qualify, the state inspection program must comply with federal standards. The following is a complete list of states with inspection programs that the Federal Motor Carrier Safety Administration (FMCSA) has determined are comparable to, or as effective as, the federal periodic inspection requirements.

  • Alabama (LPG Board), California, Connecticut, District of Columbia, Hawaii, Illinois, Louisiana, Maine, Maryland
  • Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island
  • Texas, Utah, Vermont, Virginia, West Virginia and Wisconsin

Note that two states that used to appear on this list have since been removed. Arkansas no longer has a periodic inspection program for buses, and Oklahoma has repealed its inspection requirements.
In addition to the states listed above, the FMCSA also accepts the inspection programs of the Yukon Territory and the 10 Canadian Provinces:

  • Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island
  • Quebec, Saskatchewan

The FMCSA also considers Mexico’s NOM (Norma Official Mexicana or Official Mexican Standard) 68 program, as comparable to, or as effective as, the federal periodic inspection requirements. All other states either have no periodic inspection programs for commercial vehicles or their programs have not been determined by the FMCSA to be comparable to the federal requirements.

FMCSA launches new crash preventability program
Motor carriers and drivers can now challenge the preventability of certain crashes with the relaunch of the Federal Motor Carrier Safety Administration’s (FMCSA) Crash Preventability Determination Program. The crash preventability program, which began in July 2017 as a pilot program, went on hiatus in late 2019 as the FMCSA determined what the permanent program should look like.

How the program works
The FMCSA has identified several crash types as non-preventable. Commercial motor vehicle crashes meeting the criteria, occurring on or after August 1, 2019, are eligible for consideration under the relaunched program. Motor carriers and drivers must use the online DataQs system to argue that their crash was not preventable. If a crash is deemed non-preventable, the FMCSA will:

  • Remove the crash from the carrier’s “crash indictor” score in the Compliance, Safety, Accountability (CSA) system, reducing the chance the carrier will be targeted with enforcement action.
  • Add a note to the Pre-Employment Screening Program (PSP) to indicate that the crash was not preventable, reducing the odds that the driver involved would not be hired due to his or her crash history.

Qualifying crashes
How do you know if your crash is eligible for consideration? The FMCSA has provided a list of scenarios that are defined as non-preventable. A crash is eligible if a commercial motor vehicle:

  • Was struck in the rear
  • Was struck on the side at the rear
  • Was struck by a motorist driving in the wrong direction, or was struck by another motorist in a crash when a driver was operating in the wrong direction (e.g., a car being driven in the wrong direction strikes another car that then hits a commercial vehicle)
  • Was struck by a vehicle that was making a U-turn or illegal turn
  • Was legally stopped at a traffic control device (e.g., stop sign, red light, or yield), or was parked, including while the vehicle was unattended
  • Was struck by a vehicle that did not stop or slow in traffic
  • Was struck by a vehicle that failed to stop at a traffic control device
  • Was struck by an individual under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred, or was struck by another motorist who was involved in such a crash
  • Was struck by a driver who experienced a medical issue which contributed to the crash
  • Was struck by a driver who admitted falling asleep or being distracted (e.g., by a cell-phone, GPS, passengers, etc.)
  • Was struck by cargo, equipment, or debris (e.g., fallen rocks, fallen trees, unidentifiable items in the road), or the crash was a result of an infrastructure failure
  • Struck an animal
  • Struck an individual committing or attempting to commit suicide
  • Was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane or skydiver or being struck by a deceased driver)

*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.




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