There has been much confusion lately about who exactly is required to have a U.S. DOT number. Many contractors feel a USDOT number is only needed for truckers hauling for hire, which is simply not the case.
A USDOT number is required for a commercial motor vehicle (49 CFR Part 390.5), which is defined as a self-propelled or towed motor vehicle used on a highway in interstate and/or intrastate commerce used to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, gross vehicle weight or gross combination weight, of 10,001 pounds or more, whichever is greater; or to transport more than eight passengers, including the driver, for compensation; or to transport more than 15 passengers, including the driver, without compensation; or to transport material found by the Secretary of Transportation to be hazardous under 49 USC 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
The USDOT number serves as a unique identifier when collecting and monitoring a company’s safety information acquired during audits, compliance reviews, inspections, and crash investigations. The following 32 states have laws that agree to the enforcement of the federal USDOT regulations: Alabama, Alaska, Arizona, Colorado, Connecticut, Florida, Georgia, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming.
The other states have state-based USDOT regulations (similar to federal OSHA vs. state OSHA regulations). Many think that the USDOT number does not apply here, but lack of enforcement does not equal “not applicable” to the regulators. It is a federal regulation, and it applies to all subject commercial motor vehicles. Vehicles that require USDOT numbers must have a name and USDOT number on both sides of the vehicle’s power unit, in a contrasting color, and visible from 50 feet away when parked. Currently, there is no cost to register for a USDOT number. You can visit www.safer.fmcsa.dot.gov and select “FMCSA Registration and Updates” to register.
The law applies to every motor carrier with a single power unit over 10,001 GVW – the misunderstood portion is that it applies to every combination of truck and trailer that exceeds 10,001 pounds. If the carrier owns a small pickup truck but has a heavy trailer, the combined weight of the truck and the trailer’s listed weight affects whether the rule applies. Also, a single pickup truck can be considered to be carrying hazardous materials, thus triggering the USDOT number requirement, by carrying, for example, one 100-pound propane tank, a 55-gallon drum of pesticide, herbicide, or fertilizer, or acetylene tanks.
Why should you care about all this? First, non-compliant carriers are open to large fines for even the first violation. Second, violation of these rules may be used against a carrier in lawsuits. The DOT released a new CSA (Compliance, Safety, Accountability) program for enforcement of the regulations, resulting in some stepped-up enforcement. Get more details about the CSA program and find other valuable resources on their website (http://csa.fmcsa.dot.gov).
Let’s change gears and talk about Unassigned Driving Time. Unassigned Driving Time in an electronic logging device (ELD) and system, like the ghost of Christmas past, will come back to haunt you if you don’t deal with it. There are two reasons for this. First, it is a violation of the regulations to not deal with it and can lead to a penalty (fine) during an audit. Second, it is an indication of drivers trying to falsify their logs. False logs can lead to roadside inspection violations followed by an audit, which will lead to an even larger penalty.
Under 49 CFR 395.32(b), when prompted by the ELD, a driver must review any Unassigned Driving Time when he or she logs into the ELD. If the unassigned records do not belong to the driver, the driver must indicate that in the ELD record. If driving time logged under this unassigned account belongs to the driver, the driver must add that driving time to his or her own record. The regulations related to Unassigned Driving Time (395.32) require one of three things to happen (if none of the following are done, it will be a violation of 395.32).
1) A driver must accept the Unassigned Driving Time. When a driver logs into an ELD that has unassigned time on it, the device must offer it to the driver. The driver must then either accept or reject it.
2) The carrier must assign the driving time to the correct driver. If a driver has not accepted the Unassigned Driving Time, the carrier must investigate and determine whether it can be assigned to a driver. If it can, it must be assigned to the driver. Typical tools used in the investigation include driver assignments (who was operating the vehicle before and after the unassigned time) and position and maintenance reports (was the vehicle moving down the road, where did it happen, etc.).
3) The carrier must add a comment to it. If the carrier determines the Unassigned Driving Time does not belong to a driver, the carrier must attach a comment to the unassigned time explaining why it could not be assigned to a driver. But just know, this is the last resort, not the first choice.
Falsifying records can be a serious offense. Drivers who create Unassigned Driving Time by driving when logged out of the ELD are in violation of the limits in 395.3 or 395.5. This, in turn, creates a false log under 395.8(e). This is because the driver in effect is logging off duty while actually driving and on duty. Common methods drivers use to falsify their records include manually changing entries in electronic logging devices (ELDs) or paper logs to hide hours of service violations, recording false information for previous days to cover up violations, creating fictitious driver profiles to log hours that weren’t actually driven, and misclassifying driving time as off-duty or personal use to extend driving hours.
