NEWS

NLA DOT Information- "Summary Review"

On Monday, February 1, 2010 The United States Department of Transportation, Federal Motor Carrier Safety Administration published the final ruling on Safety Requirements for Operators of Small Passenger Carrying Commercial Motor Vehicles Used in Interstate Commerce. This rule is effective May 1, 2010 and limousine companies must be in compliance no later than June 1, 2010

These rules now regulate any passenger carrying vehicle that has the seating capacity of 9-15 passengers including the driver. For our industry, if your stretch limousine has a full front seat, this would include all stretch limousines with a rear seat configuration of 6 passengers or more. Simply put, count your seat belts in the “back” passenger compartment along with the seat belts in the “front - driver’s” compartment (remember the middle seat belt between the driver and passenger seat) and add them up. If you count 9 or more, your vehicle falls into this regulation.

If you are operating an SUV with 3 rows of seats, count the seat belts. If you count 9, you fall under these regulations.

The primary focus of these rules and regulations is passenger safety for any vehicle that conducts interstate (crosses into another state) commerce. The requirements are strict and enforceable by the US DOT and other agencies that have jurisdictional authority. A Synopsis of the rules a limousine owner and or operator (driver) will need to ensure are followed are described below.

While this list is comprehensive, it is recommended you review the actual rule to confirm you are in compliance. The rule can be found at: http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Safety-Requirements-Small%20Passenger-Carrying-CMVs-in-Interstate.pdf

Vehicle Markings – Identification: Any vehicle that is designed to transport 9-15 passengers (including the driver) must be identified with contrasting markings that identify the US DOT Identification Number AND The Company Name. These markings must be clearly visible from 50 feet.

Vehicle Inspection – The driver of a vehicle is required to perform an inspection of the vehicle prior to and after completing the daily assignments (pre-trip / post-trip inspection) identifying the condition of the vehicle. A report must be completed and maintained for 30 days in the vehicle. The driver must sign the inspection report and a copy must be left in the vehicle for the next driver to review. The inspection must confirm the vehicle is safe and functional. There are specific components that must be checked, they are: the brake system, including the parking brake; the steering system; the lighting, turn signals and reflectors; the wheels, rims and tires; the horn; the windshield and windshield wipers; the mirrors; and the emergency equipment. This vehicle inspection must be documented and should be maintained by the company for 90 days.

Drivers Qualification Files – Each individual that may operate a vehicle that meets the criteria mentioned above must have a Driver Qualification File, these files are separate from employee personnel files and should only contain the required information. There are certain documents that MUST be in these files which are:

Driver’s employment application
Driver Record (history) from the original date of hire
Driver Record (history) for the past 3 years
Certificate of Road test
Certificate of annual review of driver’s record (history) by the employer
List Violations the driver for the previous 12 months
Medical Certification (must be renewed every 24 months, if not sooner)* *If a Medical Waiver is obtained a copy of the waiver
Pre-employment reference checks

The rule also mandates employers must have established criteria for confirming a driver is qualified to operate a vehicle within this class and have the documentation to validate this. The driver must be at least 21 years of age, who can speak and understand the English language proficiently, understand traffic signs and make entries on reports or records. This will require a road test and documentation, which also should be maintained in the Driver Qualification File.

All drivers that operate a vehicle within the classification must have a physical on file and a medical card in their possession that identifies a medical professional has evaluated the driver and confirms the driver is physically and mentally qualified to transport passengers for hire, and that there are no conditions that are likely to interfere with the safe operation of the vehicle.

This new rule also puts in place specific Hours-of-Service restrictions and record keeping requirements that are consistent with the rules for motor carriers of passengers. Most companies will fall under the regulations of “short-haul” operations provisions of the rules.

If a driver operates within a 75 air-mile radius, the driver does not need to keep a log book. The onus of record keeping is on the employer to maintain the drivers hours of service and these records must be maintained for 6 months. The records must clearly indicate the reporting and the release time, and the total number of hours each day. A driver may not work more than 12 consecutive hours after starting work and must not drive more than 10 hours after having 8 consecutive hours off duty separating each 12 hours on duty. Furthermore, drivers must not drive after being on duty 60 hours in any 7 consecutive day period (more commonly known as the 60-hour rule) or after being on duty 70 hours in any 8 consecutive days (more commonly known as the 70-hour rule).

There are specific requirements for a company to maintain an “accident log” or accident register for the vehicles within this classification. The accident log must be maintained for 3 years after the accident occurred. The log must contain specific data which must identify: each accident date; the city or town the accident occurred, the driver name, number of injuries, number of fatalities, and a copy of all accident reports.

These rules and regulations will certainly impact the limousine industry on a broad scope. The fines for failure to comply could be significant. It is highly recommended that you analyze your current operation and identify if you are able to comply with minimal impact. If needed please seek professional advise to reduce your burden and forgo fines, litigation or being placed out of service.

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