DOT Updates

Please note the following updates for DOT:

The Federal Motor Carrier Safety Administration (FMCSA) has enhanced the Safety Measurement System (SMS) Methodology so that it includes violations based on new cell phone use regulations and provides more detailed breakouts of some existing brake, wheel, and coupling regulations. In February, when the January snapshot is released, motor carriers may notice the changes.

FMCSA is revising Appendix A of the SMS Methodology document to take these changes into account. The agency will repost the document to the Compliance, Safety, Accountability (CSA) website at the same time the January SMS snapshot is released.

Texting ban

The SMS Methodology has added four texting and cell phone use violations in the Unsafe Driving Behavior Analysis and Safety Improvement Category (BASIC). The violations reflect FMCSA's decision on January 3, 2012, to ban commercial drivers from using mobile telephones while driving, which includes a ban on texting. Motor carriers should discuss the new violations with their drivers to ensure that they are aware of these requirements.

Added Carrier SMS Unsafe Driving BASIC Violations include:

• Section 177.804(b): Failure to comply with 49 CFR 392.80, Texting while Operating a CMV - Placardable Hazmat, severity weight of 10.

• Section 177.804(c): Failure to comply with §392.82, Using Mobile Phone while Operating a CMV - Hazmat, severity weight of 10.

• Section 392.82(a)(1): Using a hand-held mobile telephone while operating a CMV, severity weight of 10.

• Section 392.82(a)(2): Allowing or requiring driver to use a hand-held mobile telephone while operating a CMV, severity weight of 10.

Vehicle Maintenance

The addition of 22 Vehicle Maintenance BASIC violations provides further breakouts of existing brake, wheel, and coupling regulations. This improvement will help to clarify who the responsible party is for the violations, either the motor carrier or the Intermodal Equipment Provider.

Update 2/9/2012