New Entrant Audit Is Now More Difficult
On December 16, 2009, FMCSA changed their procedures regarding the “New Entrant” audits. Here is the Final Rule, complete with all the legalese. A “New Entrant” is a person or a business who starts in business, and wants to operate trucks on the road across state lines. The regulations calls that person or business a “motor carrier”. A motor carrier must undergo a safety audit by the FMCSA within 18 months of beginning operations. During this audit, FMCSA will determine whether or not this New Entrant motor carrier is complying with the safety regulations. If they pass the audit, they get a letter in the mail blessing you, and they continue to operate.
Prior to December 16, 2009, it was relatively easy to pass the audit. Too easy, according to Congress, who demanded the audit become more difficult to pass. So, voila, FMCSA has made the audit more difficult. What will cause you to fail an audit? Well, for example, not doing random drug and alcohol testing. Not making records of duty status. Not having annual vehicle inspections. All of these will cause you to fail the audit. What happens then? At that point, you enter into Bureaucratic Mumbo-Jumbo Land, and believe me that’s a place you don’t want to be. You will have to demonstrate to them you have fixed your problems, and then they might bless you to operate. Once you enter Bureaucratic Mumbo-Jumbo Land, things happen on FMCSA’s timetable, not yours. If you cannot navigate your way out of Bureaucratic Mumbo-Jumbo Land, they take away your right to operate.
My DVD training package is designed to get you past the New Entrant audit. It teachs you what safety rules you must comply with. It’s $275 plus shipping and handling. Also, with the purchase price, you can call me on the phone with questions. Buy it, watch it, learn it…….. you’ll have no problems. I am also available to help you out of Bureaucratic Mumbo-Jumbo Land, if you are unfortunate enough to end up there.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
More Road Rage
Here is a followup article, relating to my recent post about the January road rage killing in Chicago.
The article discusses road rage, particularly as a relates to trucks. This all stems from a road rage incident in January, where two drivers pulled off the highway, fought, with one killing the other with a knife. A good way to avoid road rage? Turn off the CB.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
Pennsylvania Farmers Facing Tougher DOT Rules
There is a growing brou-ha-ha here is Pennsylvania regarding the farmers, and the Federal Motor Carrier Safety Regulations. The Federal DOT issues their truck safety regulations, found in 49 CFR 300 – 399. They apply to vehicles and drivers operating in interstate commerce, which are basically movements across state lines.
If a vehicle or driver stays wholly within one state, Pennsylvania in this instance, then they are subject to the state of Pennsylvania’s truck safety regulations. Each state has slightly different regulations. Some states adopt the Federal regulations exactly. Others have minor differences. Still others have more significant differences. This is why my DVD training package focuses on the Federal rules only. As I point out on the DVD, I don’t know what all 50 state regulations are. However, states are not supposed to have more stringent requirements than the Federal requirements, although they can be more lenient.
The Federal DOT monitors these state variances, and if they find they vary too much from their regulations they will punish the states, by withholding highway funding dollars. Nearly all the states, who have spent themselves into the poorhouse, quickly abandon any states-rights principles when Federal money is at stake. This is the same way the Federal government forced all the States to adopt the 0.08 blood alcohol level for drunk driving.
Apparently, the issue in Pennsylvania presently is the State of Pennsylvania has broadly exempted farmers from large segments of the Federal safety regulations. The Feds have found fault with this, and are threatening Pennsylvania with removal of highway funding. Pennsylvania is deciding whether or not to apply the safety regulations to vehicles and drivers operating on the road at 17,001 lbs. gross vehicle weight rating or more.
Farmers are screaming bloody murder. The State of Pennsylvania is trying to cut a deal with the Federal DOT to make everyone happy. A decision is supposed to be made in the next month. I guess I find it somewhat humorous. For one thing, the DOT regulations apply at 10,001 lbs. in interstate commerce, instead of the more lenient 17,001 lbs. in Pennsylvania, so right there, it could be worse. Also, other industries do not get nearly as many special breaks as farmers. I have no doubt there all sorts of special goodies, breaks and exemptions in the rules, depending on where you are, but I think the farmers get the most.
I think the farmers are somewhat right. If all they are doing is crossing the road to get to the other part of their property with equipment, it’s overkill to make them subject to all the rules. However, if they’re taking their 80,000 truck 15 miles down the road to the processing plant, then they should be subject to the rules, just like the construction dump truck, or landscaper truck, or carnival ride truck.
Actually, if I were made King, I would make all the rules apply at 26,001 lbs. (the CDL standard), and not below. Last I checked, there is no imminent danger of me being made King………
