David Stauffer, CSP, ARM
Safety Advisor
Safety Management Group
You operate one of those companies that takes great pride in doing things by the book. When OSHA arrives on one of your jobsites, you don’t worry, because you know that you have the right procedures and documentation in place. Following the rules may require some extra work and recordkeeping, but you (and your employees) sleep soundly.
At least you did until this morning, when a highway patrol cruiser stopped one of your crews just across the state line. They were driving a full-size pickup pulling a piece of equipment on a trailer. Now the driver is calling you, saying that he’s being cited for not having a DOT number on the truck and not being able to produce the right paperwork. The officer says he isn’t going to impound the truck – this time – but the ticket carries a $250 fine and is going to dent the driver’s perfect driving record.
That’s the hard way to discover to that your company is subject to Department of Transportation regulations – but it’s a lesson more companies are learning with each passing month. Since 9/11, DOT has stepped up efforts to regulate commercial vehicles, and as awareness of the tougher standards grows, many law enforcement agencies are taking a closer look at vehicles used by construction companies and others. That includes vehicles you may think are exempt from regulation.
Federal law says that DOT regulations – starting with displaying a DOT number sticker – apply to commercial vehicles that have a gross vehicle weight (GVW) of at least 10,001 pounds. While some heavy-duty pickups surpass that weight limit on their own, even much lighter trucks can trigger the rules. That’s because DOT can also regulate vehicles whose gross combination vehicle weight (GCVW) exceeds the threshold. Your 7,000-pound truck may sidestep the regulations, but when it’s pulling a 3,500-pound trailer, that’s a GCVW of 10,500 pounds.
The rules also apply to vehicles rated at more than 10,000 pounds, so if your truck is rated at 12,000 pounds with a trailer, it needs a number. The same thing applies if the is truck plated for more than 10,000 pounds, regardless of its actual weight. That technicality is creating headaches for many business owners. (Lighter vehicles may require DOT numbers if they transport enough hazardous material to be placarded, or if they carry 16 or more people).
Applying for DOT numbers is as easy as completing two forms you’ll find on DOT’s website, but having a number is just the first step in complying with the law. You’ll have to maintain all of the records DOT requires to verify that drivers of your vehicles are qualified, and that they’re not operating those vehicles for an excessive number of hours. An inspector will expect to see detailed logs for each driver, as well as proof that the vehicle has been inspected regularly.
Thanks to new legislation, companies obtaining DOT numbers for the first time – whether they’re brand-new companies or have just failed to do so – will have to follow even tougher standards regarding vehicle safety. The Federal Motor Carrier Safety Administration’s rules call for an audit sometime during the first 18 months that a company falls under DOT’s regulation. During that audit, FMCSA will look for 16 specific violations that include everything from not having a program to randomly test drivers for alcohol and other substance abuse, to using drivers who don’t have a Commercial Driver’s License (CDL), to failing to keep records of each driver’s time behind the wheel.
As DOT adds to its staff, there are indications that the agency is paying closer attention to transportation issues, such as checking for DOT numbers on vehicles at construction sites.
Your vehicle operations may be so small that DOT may not show any interest, especially if you don’t cross state lines. But state and local law enforcement is another story. Commercial vehicles that may not meet compliance are an easy target for traffic stops, and the hefty fines that many law enforcement agencies assess are a welcome source of revenue to cash-strapped states and counties.
Complying with these rules is a lot like following safe practices in the workplace. You’re probably already doing the right things. You simply need to get better at documenting your processes and procedures, and ensuring that your employees follow them. If your company’s transportation practices are audited, being able to access all that documentation and demonstrating that you’re actually following policies improve the odds of a positive outcome, and may deter a more in-depth audit.
Are you confident that your company is in compliance with all these rules? If you’re less than 100 percent sure, or if you just want to verify that your processes and procedures are up to date, consider bringing a transportation safety expert in to review your operations and help you address any gaps. That way, you’ll be able to sleep soundly once again.