When it comes to trucking and the transportation sector, there are almost too many topics to broach. Here at the QuickTSI blog, we talk about all of them. Yet, this is one plays a critical role in trucking companies being able to function in the first place: Compliance.
Compliance is a tricky word, mainly because it is always changing. As the political environment shifts and regulations come and go, successful trucking companies adopt policies that keep them in compliance. And lately, staying in compliance has become an ever more difficult balancing act.
Just look at the numerous governing bodies a fleet manager must keep up with. From the Federal Motor Carrier Safety Administration to OSHA on the federal level to the numerous state and local enforcement agencies, trucking companies serve many masters. That’s why in today’s blog, we want to arm you with the information you need to walk away with a basic understanding of the regulations that govern your professional life.
Why Is It Important?
Before you dig in, it is important that you have a basic understanding of the methodology the FMCSA uses to ensure motor carriers across the country stay in compliance. What we are referring to, of course, are your BASIC categories. BASIC categories are that which trucking companies are judged by. Each company is assigned a percentage from 0 to 100. It is how you manage that score that helps you prioritize interventions.
Of course, all the BASIC categories are important, but we want to focus on a few that are especially important for new owner-operators or trucking companies. Because when it comes to starting a trucking company, it is easy to be put out of business or catch yourself at the receiving end of an audit over a minor infraction.
We also want to stress one thing. This blog post is intended to help new trucking companies wrap their heads around compliance and ensure their operation stays above board. But it is still no substitute for a comprehensive understanding of federal, state, and local enforcement laws, regulations, codes, and statutes. Every company’s situation is different, so just remember there is no one size fits all solution when it comes to staying in compliance.
So, let’s start at one of the most important, and most vexing things, that a new trucking company must deal with: Inspections. Because as a trucking company, you are under federal (and highly likely, state) guidelines to ensure the vehicles you run are safe. Failure to comply can be catastrophic, especially for new or small operators.
Inspections Are Key
When it comes to performing systematic and thorough inspections, everyone involved in the process must be properly trained. And it comes down to more than just doing the inspection in the right manner; it must also be properly documented. And you must know who is responsible for what inspection.
Consider that certain inspections must be completed by your truck drivers and other inspections will be completed by qualified inspectors. Truck drivers should be completing a vehicle inspection whenever they operate their rig. For more information regarding who does what inspection and how, click here.
The most important thing to remember is that trucking companies must undergo periodic inspections completed by a qualified inspector. These inspections must happen in accordance with state or federally mandated guidelines. Yet not everything is written in stone. New fleets who want everything spelled out in black and white may be a little disappointed.
For example, while the FMCSA mandates the type of inspections trucking companies must complete, but it does not require a specific interval. The intervals between which you complete your inspections are instead decided upon by you and your staff. While there are some exceptions to this rule, for the most part it is up to you.
Why Do You Need Them?
It may seem like a stupid thing to ask, but it is a relevant question. What is the purpose of an inspection? And furthermore, do I really need to do them? Do not feel ashamed if the questions come across your lips before. And do not worry, because we have a good answer for you: You need inspections because they are mandated and because they are the right thing to do.
Sure, the government, whether federal or local, tells you that you need to inspect your vehicles, but really, you need to do it for the sake of your truck drivers and others on the road with them. You need to make sure all the moving parts on your vehicles are in good working order, whether it be a windshield wiper or a bumper. And when you find problems, you must be expeditious in repairing them.
And consider that properly inspecting your vehicle also helps you reduce overall costs. Inspections give you the opportunity to perform routine checks, such as doing an oil check, topping off fluids, and ensuring your belts and chains are in good working order. Plus, if you are completing an inspection and necessary maintenance at the same time, documenting it all becomes much easier.
Speaking of documentation, if you aren’t doing it right, it could wind up being more than just an inconvenience. Consider that DVIRs (driver/vehicle inspection reports) are mandatory, per the rules found in FMCSR Section 396.13. Once a truck driver has completed an inspection, they must fill out a vehicle inspection report. Don’t let yourself or your truck driver lapse on conducting inspections or properly documenting them. They are an easy way to stay in compliance.
How to Fill Out a DVIR
Not very trucking company on the block has been around for a long time. Many operated back when the rules and regulations were a little looser and governed by pencil and paper. And even though we have transitioned into digital, keeping a regular maintenance schedule and record for your vehicles will help you ensure the FMCSA never barks up your tree for a failure to provide adequate documentation.
If an inspector stops one of the trucks in your fleet, are you 100% sure it will have the necessary documentation aboard. Inspection officials examining a DVIR need specific pieces of information. Consider the following when setting your DVIR policy:
- Have the date of the last inspection recorded.
- Ensure the vehicle idendity number or other identifier is written down.
- If there are any problems with the vehicle, make sure those are also recorded.
- All the truck driver’s information and signature must be affixed.
- The mechanics who last worked on the vehicle must also be noted.
- Keep a running calendar of inspections and maintenance.
Successful trucking companies don’t find themselves mired in fines or audits because they follow these basic principles. If you are thinking of becoming an owner-operator or running a small fleet, maintaining a proper DVIR should be a well-honed practice.
Regulatory Changes to the DVIR
Have you heard of the no-defect DVIR ruling? In September 2020, the FMCSA made an important change. They stated that the passenger-carrying commercial motor vehicles running interstate commerce no longer had to submit and retain a DVIR if no defects were found during the initial inspection.
The question is, should a trucking company who already has a documentation practice in place discard it because of the no-defect DVIR ruling? Although the FMCSA’s logic was such that if there is no defect, documentation is not required. Yet, if you need to make an accounting of a chain of events regarding that vehicle, you may regret not having that piece of documentation in place.
Fortunately, technology once again comes to the rescue. Just like we have moved far beyond paper logs, we can now also move on from paper DVIRs. They served their purpose, but trucking companies have gone digital. eDVIR technology makes it easier for truck drivers to complete compliant DVIRs.
Vendors now offer solutions that store all the required information in an easy format. Fleet managers can also add different layers of security. If a DVIR is submitted, they may want multiple people to sign off on it before it is officially recorded. All of this can be done in a virtual environment, powered by apps or back end systems.
In the end, it is the responsibility of the motor carrier to ensure they retain all original records for at least three months, per FMCSA guidelines. If you want to run a successful trucking company, this should be one of the first things you conquer. Maintain a DVIR that passes muster under inspection day-in and day-out and you’ll be well on your way.