Minnesota DOT Laws: How Am I Supposed to Know? ~ Midwest Compliance Inc.

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

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Friday, July 2, 2004

Minnesota DOT Laws: How Am I Supposed to Know?

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