Minnesota DOT Laws: How Am I Supposed to Know?

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota 800-656-1396
http://www.midwestcompliance.com/

If I had a nickel for every time someone asked me; “how are we supposed to know about these regulations…,” I’d have a nice slush fund.

Now that all Minnesota based carriers are required to have a US DOT number, MNDOT and the Patrol have a way to contact carriers with regulatory changes and updates. But the process of getting a US DOT number and the rules associated with its use have only confused matters more. Here’s some information on what has happened and what you need to do.

If you are a Minnesota based carrier, you were probably asked for your DOT number when you applied for your 2003 /2004 vehicle licenses. Some of you may have received a vehicle registration card with a US DOT number listed on it. Unfortunately, there was some what of a mix-up at the Driver and Vehicle Services (DVS), and not all of those numbers were correct. Chances are, if you have never applied for a USDOT number, you probably do not have one, regardless of what might be indicated on your vehicle registration card.

If you are not sure whether or not you have a USDOT number, you can call us and we can check it for you, no charge. Or, you are welcome to use this web site. Just click on the Links tab and scroll down to “Safer Systems” and click on their address. On the left side of your screen you will see a drop down box. Select either USDOT number, or NAME and enter your legal name or number, listed on the registration card, into the query parameter box. It just takes a second for the information to pop up. If the number shows a company you’ve never heard of – then you know that the number on your registration card was assigned incorrectly.

To obtain a USDOT number, you need to complete an MCS-150 form. You can also complete this form through our Links page, just look for the MCS-150 link. Once you submit this form, you will be assigned a USDOT number.

Why do you have to do this? Well, Minnesota passed a state law (168.185) in 2002 requiring owners of trucks or truck-tractors with a gross vehicle weight of more than 10,000 pounds to have a USDOT number in order to license their vehicles. (By the way, if you don’t know what the gross vehicle weight is, you can usually find it stamped on the driver side door post – or listed on the vehicle title or registration card).

If you are only operating intrastate, Minnesota requires you to have a USDOT number. If you are crossing state lines, (interstate), then you fall under the Federal Regulations – and yes, you need to have a number and you also need to display the number.

Even though the intrastate carriers do not need to display the number on the outside of the vehicle, they must be able to show the number to authorized agents of the registrar, peace officers, or employees of the State Patrol, or MN DOT, if they ask. I recommend that you write the number on the back of your vehicle registration card – which by the way, you are required to have in your commercial motor vehicle.

Now let’s talk about vehicle Marking Requirements. Whether you are a for-hire or private intrastate carrier, you must mark your DOT registered carrier name, (the name you used when you applied for the USDOT number), city and state on the power unit of each vehicle. If the name of a person other than the registered carrier appears on the vehicle, the words “operated by” must precede the name of the registered carrier, (exp. James Smith operated by Jones Construction). This information must be displayed in letters that contrast sharply with the vehicle’s background color and must be readily legible from 50 feet during daylight hours, while the vehicle is standing still. Just for fun, we measured the 50 foot distance and one of my employees held up 2 inch numbers, which were very easy to read, even with my old eyes.

If you are considered interstate, you must put the USDOT number on the power unit, in addition to the required information in the previous paragraph, see part 390 of the FMCSA regulations, (also accessible through our links page).

About the same time Minnesota passed this law, the feds established the “New Entrant” program. Both rules are similar but were developed for different reasons. An item you should be aware of is that the New Entrant program could eventually lead to a tracking program for intrastate carriers. The feds already track all kinds of information on interstate carriers – like every road side inspection, which you may or may not know includes driver hours of service violations, expired medical cards or driver licenses, as well as equipment violations; also any driver traffic violations (i.e. speeding), crashes, etc. The information is entered into the Motor Carrier Management Information System – which state and federal officials have access to.

To take this a step further, this information is processed into different safety evaluation areas, which, some day could result in a carrier rating for you as an intrastate carrier. Get a poor rating – you might have to pay the consequences!

Next month we’ll talk about driver qualification – and who must be qualified. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

DOT Compliance List: What to Expect During a DOT Audit

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

Let’s say when, rather than if, you are audited the following format is pretty close to what you can expect.

The person assigned to conduct the compliance review will send you a letter requesting the following information:

1. Your Federal tax identification number; this might be your social security number if you are operating as a sole proprietor without employees.


2. The legal name of your company, and the name you are doing business as, (DBA).


3. The state and year you incorporated, and/or the year your operations began.


4. The principal cargo you transport.


5. A list of corporate officers and their titles, or if a partnership, the name of partners.


6. The name of your safety director, payroll clerk, and dispatchers.


7. Last year’s gross and net revenue.


8. The name and telephone number of your insurance company, (not your agent) the amount of public liability insurance you hold, the policy number, and the effective coverage dates.


9. A copy of your MCS-90, (this is only required if you are a for-hire carrier; or if you are transporting hazardous materials.)


10. If you use a consortium for random testing, the name of the company controlling the consortium activity. Also the name and telephone number of the medical review officer group.


11. If you haul hazardous material, the registration numbers for PHMSA (Pipeline and Hazardous Materials Safety Administration), and your Minnesota Uniform Hazardous Materials registration.


12. The total miles operated in the previous twelve months.


13. A current list of all your drivers, including their date of hire, or date of contract (if your drivers are leased to you as owner/operators.)


14. The type and number of trucks and trailers you own and/or lease. The definition of lease for this question refers to trip leased, rather than financial lease.


15. They will also want your files on any DOT recordable accidents; (definition of a recordable accident is an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: I. A fatality; II. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or III. one or more motor vehicles incur disabling damage, as a result of the accident, requiring the motor vehicle to towed away from the scene). Include information received from the agency that investigated the accident, police reports, and proof of post accident drug and alcohol tests, if applicable.


16. Driver qualification files for all drivers.


17. Alcohol and controlled substances testing records and information. This includes the statistics you should be receiving from your consortium twice each year.


18. Pre-employment drug test results for all drivers hired or contracted in the past year.


19. Time records and/or logs for the previous six months, as well as supporting documents for the same period of time. Supporting documents would include, but are not limited to, toll receipts, fuel receipts, scale receipts, bills of lading, shipping documents, invoices, dispatch records, etc. You are required to produce these documents, even if your drivers are paying for some of these items themselves!


20. Vehicle maintenance records, which should include annual inspections, daily vehicle inspection reports, records of all maintenance completed on your vehicles, and equipment files.


21. Other items subject to review may include copies of road side inspection reports, certificates of training, i.e. reasonable suspicion training, entry level training, hazardous materials and security training, driver call in records, etc.

The audit may be completed in one day, or it may take several days depending upon the size of your operation and how organized you are. Once completed, you will be asked to sit with the auditor for a recap of the information examined. You will most likely know, before the examiner leaves, what your safety rating is. Let’s hope it’s satisfactory!

See you next month, until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396