FMCSA Regulations as They Apply to FTA Section 5310/5311 Providers: A Handbook (2006) / Chapter Skim
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Research Results Digest 311 November 2006 C O N T E N T S Chapter 1 Introduction, History, and Future Actions, 1 1.1 Introduction, 1 1.2 Background, 2 1.3 Future Actions-Unified Registration System, 3 Chapter 2 FMCSA Regulations and How They Apply to 5310 and 5311 Providers, 3 2.1 Applicability, 4 2.2 Application for Operating Authority, 5 2.3 Financial Responsibility (Part 387) , 6 2.4 Operational Safety Requirements, 7 2.5 Intercity Service Extension, 15 Chapter 3 Supplementary Information, 16 3.1 Frequently Asked Questions (FAQs)
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coming regulatory changes that may affect FTA grantees. This chapter is intended to provide context for the often confusing and overlapping regulations that follow.
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Governor that no nonprofit corporations or associations are readily available in an area to provide the service.2 Funds are apportioned based on each state's share of the populations of those who are elderly or have disabilities. Capital projects are eligible for funding.
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chapter deals with general applicability issues. This first section provides a basis for understanding why certain regulations may apply to certain providers.
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government as a city, town, borough, county, parish, district, or other public body created by or pursuant to state law with total population of 3,000 individuals or less. Local units of government are exempted from the following: • Rules governing applications for Operational Authority (Part 365)
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grantees are eligible for a waiver from the one-time $300 per motor carrier registration fee. 2.2.4 How to Obtain a Fee Waiver Grantees may request a fee waiver when they submit their application by developing a cover letter that indicates that the organization is a recipient of Federal financial assistance under Section 5307, 5310, or 5311, as appropriate.
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a process agent in all 50 states. Process agent fees can range from $35 to $100 a year.
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The requirements detailed in Section 2.4.7 to Section 2.4.8 apply to all 5310/5311 operators with vehicles traveling interstate that are designed for 16 or more passengers (including the driver) OR that weigh more than 26,001 pounds.
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• The motor carrier identification number issued by the FMCSA, preceded by the letters "USDOT." The above markings must • Appear on both sides of the commercial motor vehicle; • Be in lettering that contrasts sharply in color with the background on which the letters are placed; • Be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary.12 2.4.3 Driver Qualifications (Part 391)
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17See http://www.fmcsa.dot.gov/rules-regulations/administra tion/fmcsr/fmcsrguidedetails.asp? regulation=571.
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11 Areas Equipment Headlamps – Lower Beam Headlamps – Upper Beam Parking Lamps – Attention: Required only on vehicles less than 2032 mm (80 inches) wide Front Turn Signal/ Hazard Warning Lamps Front Clearance Lamps – Attention: Required for vehicles 2032 mm (80 inches)
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12 not be cracked, loose, sagging, or broken. The door parts, wheels, and suspension system parts should not be missing or broken.
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roadside inspection program, as long as it was performed during the preceding 12 months. The motor carrier needs to have kept a copy of an annual inspection report showing that the inspection was performed in accordance to the standards set forth in Appendix G.20 • Qualifications of brake inspectors -- The motor carrier must ensure that each brake inspector • Understands the brake service or inspection tasks required, • Has knowledge of and has mastered the parts and equipment under inspection, and • Has successfully completed a state or federal-sponsored training program or has a combination of training and/or experience totaling at least 1 year.
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14 Table 1 FTA AND FMCSA REGULATORY COMPARISON TABLE FTA FMCSA (applies to Section 5311 (applies to Section 5310 TOPIC grantees) grantees)
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15 Testing Requirements Post Accident If There Was a Fatality Random Testing Procedures Recordkeeping Retention MIS Access to Record Previous Employer Records Compliance Penalties Compliance Certification Prohibited Behavior–Alcohol Prohibited Behavior regarding appearance, speech, behavior, or odor. Employer must test driver and others who could have contributed.
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led to some confusion about whether state rural transit providers that only travel intrastate but provide a service that is one leg of an interstate journey are subject to FMCSA requirements. 2.5.2 Definition of Interlining from FMCSA The term "interlining" in the context of passenger transportation is not defined by statute or regulation.
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❖ Does self-insurance meet FMCSA's financial responsibility requirements? Yes, provided that the carrier • Provides evidence that it will be able to compensate all claimants in the event of loss; • Establishes and maintains an insurance program that will protect the public to the same extent as the financial responsibility requirements required for commercial insurance (For FTA grantees, this would be at least the highest level of insurance required by any state traversed by the carrier)
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❖ If a motor carrier does not travel interstate but provides feeder services to another bus line that has a destination in another state, would it be subject to FMCSA's requirements for interstate travel? Yes, based on numerous judicial and administrative decisions over the past 70 years, the entire trip is considered to be interstate transportation subject to FMCSA jurisdiction, even if the vehicles operated by the carrier providing feeder service do not cross a state border.
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rier. A separate filing fee is required for each type of authority requested.
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Section IX -- Applicant's Oath This application may be prepared by the applicant or an authorized representative. In either case, the oath must be signed by the applicant.
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Firms That Provide Lists of Process Agents ASSOCIATION OF AMERICAN TRUCKERS, LLC P.O. Box 230369 Montgomery, AL 36123-0369 Telephone Number: (800)
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EVILSIZOR TRANSPORTATION SERVICES 7001 Grapevine Hwy #331 North Richland Hills, TX (800)
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23 3.4 CHECKLIST OF FORMS REQUIRED IN-VEHICLE AND AT PLACES OF BUSINESS Forms/Documentation Required In-Vehicle Commercial Driver's Licenser Every Covered 16+ operator must have a commercial driver's license (CDL) , with certain exceptions (See Section 2.4.7)
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• A note relating to the annual review of the driver's driving record (Part 391.25(c)
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25 3.5 FMCSA SERVICE CENTER AND FIELD OFFICE ROSTER FMCSA field offices organizations deliver program services to the FMCSA's partners and customers. These offices are available to answer questions and provide guidance concerning the Federal Motor Carrier Safety Regulations.
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26 California Division Colorado Division Connecticut Division Delaware Division District of Columbia Division Florida Division Georgia Division 1325 J Street, Suite 1540 Sacramento, CA 95814 Phone: (916)
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27 Louisiana Division Maine Division Maryland Division Massachusetts Division Michigan Division Minnesota Division Mississippi Division 5304 Flanders Drive, Suite A Baton Rouge, LA 70808 Phone: (225)
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28 New York Division North Carolina Division North Dakota Division Ohio Division Oklahoma Division Oregon Division Pennsylvania Division Leo W O'Brien Federal Building, Room 719 Clinton Avenue & N
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29 Vermont Division Virginia Division Washington Division West Virginia Division Wisconsin Division Wyoming Division 87 State Street Room 222, P O Box 568 Montpelier, VT 05601 Phone: (802)
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30 3.7 SAMPLE DRIVER VEHICLE INSPECTION REPORT Driver's Vehicle Inspection Report Check Any Defective Item and Give Details Under "Remarks" DATE:_______________ TRUCK/TRACTOR NO. _________________ ▫Air Compressor ▫Air Lines ▫Battery ▫Brake Accessories ▫Brakes ▫Carburetor ▫Clutch ▫Defroster ▫Drive Line ▫Engine ▫Fifth Wheel ▫Front Axle ▫Fuel Tanks ▫Heater ▫Horn ▫Lights Head -- Stop Tail -- Dash Turn Indicators ▫Mirrors ▫Muffler ▫Oil Pressure ▫On-Board Recorder ▫Other ▫Springs ▫Starter ▫Steering ▫Tachograph ▫Tires ▫Transmission ▫Wheels ▫Windows ▫Windshield Wipers ▫Radiator ▫Rear End ▫Reflectors ▫Safety Equipment Fire Extinguisher Flags-Flares-Fuses Spare Bulbs & Fuses Spare Seal Beam TRACTOR(s)
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31 3.8 APPLICATION CHECKLIST These checklists provide information on what a motor carrier must accomplish in order to commence services. Motor carriers operating vehicles designed for and carrying fewer than 9 people are not subject to FMCSA requirements.
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32 jurisdiction, even though vehicles operated by the carrier providing feeder service may not cross a state border. Process Agent: A process agent is a representative on whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder.
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Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP)
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