Owner operator DOT compliance

[ahart]

Hello all, first post to HEF. I have a newly started business doing field service work for a local construction and road building contractor. I am looking for input from other independent contractors on how you handle DOT compliance as far as driver qualification file and who manages your drug and alcohol program. I have no employees and operate one service truck at 33k GVW.

 

[excavator]

While some of this is federal I believe alot of it depends on your state. I'm in Washington and run a KW T600 service truck and have no employee's. A number of years ago I contacted a State Patrol trooper in the commercial division and spent some time with him going over this same thing. He called down to Olympia and after a few questions I was told that all I have to do is make sure I get an annual inspection on my truck. I don't cross state lines and I don't haul anything for profit so I'm not required to do any bi-annual reports or submit anything to the utilities commission. Being self employed with no employees I'm not required to enroll in the drug testing pool. I still get all kinds of emails telling me I have to do all this but I just ignore them. They are all from 3rd party companies who are trying to make money on the confusion created by all the new laws. I would suggest you go to your DOT office and contact them, they will be able to help answer your questions.

 

[cuttin edge]

What I hate, and it applies to a lot of stuff, is when you talk to someone in the government, police or otherwise, and they give you what they think is the answer, but they are not even close. A lot of guys at work have started carrying a paper copy of the rules for moving equipment, tie downs, D boards, flags. This time of year, I like to cross chain equipment because the deck is slippery. Some companies require it in their safety manual, we don't. Was stopped commercial vehicle enforcement once and the guy was going to fine me for not cross chaining. Even gave the number of the law. I pulled the book out, and asked him to find it, and there was no such thing. Our safety consultant ...... Took me years to find a bucket for my head that I don't mind wearing all day. She tells me that the provincial requirement says I can't wear a welders helmet if I'm not a welder. No such law. Do your home work

 

[ahart]

From what I’ve seen in the service truck industry, is they are so far outside the realm of what the motor carrier laws were written for and there are no clear answers on how we should be in “compliance.” Simply put, we just don’t fit into the nice neat box of the trucking industry but are still forced to comply.

 

[Mike L]

I basically did filled out the paperwork to get my dot number and then I’ve ignored the 6 emails a day I get telling me I need to pay such and such to get my compliance for traveling east on a Monday morning when the wind is out of the northwest. I agree. Service truck operators seem to fall through the cracks. When I worked at the dealer we had questions about hours of service, etc. and running a log. It was common to travel 100+ miles and then work x amount of hours which technically put us over hours of service when in actuality we hadn’t been driving all those hours. There were plenty of blank stares and “ I’ll check into that and get back to you “. Never did get an answer.

 

[Truck Shop]

Any hours worked-in shop or driving all counts as on duty-There is personal conveyance for over run on hours.
Basically a service truck falls under the same rules for a tow truck. I only fill out a log when I run 100 miles
as the crows fly. It's considered a fixed load-but dot can weigh it if they want and still can't go over gvw.
Now if you cross state lines with a commercial vehicle and buy fuel that's another story. Your into IFTA.

 

[John C.]

The biggest thing I've heard of is a service truck pulling a trailer. The wrench found out he had to have a Class A license for that. The only guys that I've heard get hit on hours of service was some years ago over in Western States Cat Territory where they were crossing state lines all the time. They were concerned for a bit and then it just seemed to go away as far as I know. Maybe someone in Idaho might know what is going on there. All the diesel service trucks at all the dealers that I worked at had that IFTA sticker.

 

[Mike L]

I don’t have an IFTA sticker and I don’t believe my dealer trucks had them either. I read up on it and I understood it that I was exempt due to miles and weight?

 

[ahart]

I don’t have an IFTA either, I do have an intrastate fuel permit which I had to have in Indiana to even register my truck and get plates. I guess the only thing I’m concerned about is the federal requirement for CDL holders to participate in a random drug and alcohol program which also requires a third party manager of the program.

 

[cuttin edge]

Do you guys have to buy fuel in every state you travel to? Been a while, but I remember in my trucking days. Based on miles you run in a province, you have to buy fuel there. If I left my home province full of fuel, and went to Ontario, I would fuel in Quebec on the way back to New Brunswick. Then say I delivered my load in Nova Scotia, and went back to Ontario, I would fuel up once I crossed out of Quebec. I forget how it worked, based on miles in each province, you had to get a percentage of fuel there or you would get a bill at the end of the year for the fuel tax you should have paid. For trucking, not personal travel.

 

[ahart]

You aren’t required to buy fuel there but if you have an IRP or IFTA you have to keep record of the miles you drive in each state so that no matter where you buy your fuel, each state gets their share of the fuel tax based on the mileage you’ve driven there.

 

[Truck Shop]

Prorated plates/Interstate road miles have to be filled out on trip envelope and miles documented at state lines.
Intrastate does not require road miles documented. Company tow truck is prorated to run all 48.

 

[Coaldust]

Ahart,

Unless I missed it, will you be traveling across state lines? What year is your truck? If you can stay under 12 hours and 150 airmile radius, you can make compliance fairly straightforward.

Nobody has mentioned it yet, but you need a daily vehicle inspection report with your signature. Those have to be kept for 90 days. Then, you can toss them.

If you do your own annual vehicle inspection, you will need a 396.17 document to prove that you are qualified.
I can send you the one I use. I got audited one time and have to supply forms for every technician that ever did an inspection on one of my trucks.

Same with the qualified brake inspector qualification form under 396.25. In my 35 years of trucking, I’ve only had to supply a 396.26 form once to the DOT. That was at a chicken coop in Morton. I was on a field call. The commercial vehicle enforcement officer didn’t believe I was qualified to change a slack adjuster because of how young I looked at the time.

 

[Coaldust]

One other thing, I’ve been asked for at audits is maintenance records for the power units. It does not matter how you do it, paper, spreadsheet, subscription. But, you have to have something.

 

[ahart]

Coaldust-
My USDOT number is set up so I can do interstate travel, but I won’t be leaving the state or traveling outside of 150 air miles. My truck is a 2007. As a CDL holder do you not have to be enrolled in a random drug and alcohol testing program? I keep a maintenance spreadsheet on my truck and fill out the daily book every morning. I would appreciate copies of the qualification forms you use as well.

 

[Truck Shop]

Same with the qualified brake inspector qualification form under 396.25.

I have brought up the fact of a brake inspector card on here I don't know how many times. Every mechanic
should have one in his wallet.
As far as random drug testing, the OP should enroll himself, because if he does have a accident it will show
his compliance-which goes a long ways and insurance companies like compliance.
As far as vehicle records, a folder with every repair and FHWA inspections. A Stemco Brake or Wabco brake
class can supply him with brake inspector card.

 

[Coaldust]

Ahart,

Send me a PM with your email address.
I recommend updating the mcs-150 and selecting intrastate. It might save some headaches later on. Yes, you will need to sign up with a service provider for drug testing. There is probably a local place. Your state’s trucking association may offer that service. That same service provider will probably include enrollment in the clearing house, as well.

Check with your local NAPA Traction store and take a 4-hour brake class when it comes to town. That’s a good idea, Truck Shop.

https://www.fmcsa.dot.gov/registrat...tructions-motor-carrier-identification-report

I feel like I’m forgetting something. Let’s go over the must have checklist;
CB radio
CB handle
**** bottle
Oversized wallet with chain
Chrome naked lady mudflap hangers
Dead prostitute

 

[Mike L]

I thought these days the checklist was more like

dirty sweatpants
Flip flops
Bluetooth headset on at all times
Taquito in one hand and a super mega gulp in the other

 

[Coaldust]

Oh’ yeah. It sounds basic and simplistic, but I highly recommend keeping a 1/2” three ring binder in the cab with HD plastic page protectors. Keep your;

Medical Examiners Certificate
Annual Vehicle Inspection Report (& previous year)
Insurance
Registration
Brake examiners 396.25
Vehicle inspector 396.17
A and B level PM forms
A copy of the title (just a copy)

Not DOT -
I have one customer that wants me to keep a msds/SDS folder with all the chemicals I keep on the truck. They are especially concerned about no CFC solvents or methyl chloride gasket removers.

 

[Coaldust]

Mike L,

You made me spit coffee out my nose. Damn. Funny stuff. Thanks for keeping me up to date. Alaska just doesn’t have anything that resembles a true “truck stop” where these social conditions can be observed.

There is no one-stop-shop where a person can get a new pair of Tony’s, chrome switch covers, a CB tune and a chicken fried steak lunch all at the same place.