Safety Audit

YOU HAVE TO TREAT EVERY TRUCK IN YOUR FLEET AS IF YOU OWNED IT, MEANING YOU HAVE TO KEEP THE SAME EXACT RECORDS ON EVERY TRUCK.

 

Anyone running under your authority is a employee under FMCSA. Did you drug test them? You have DQ files on them? Do you keep HOS on them?

 

I hope for your sake you have these owner operators fully qualified, including an employment application, background check, MVR, and the big one, pre-employment drug test completed. In the eyes of the FMCSA there is no difference between a leased owner operator and a company employee driver, same for a leased, rented or owned truck. The FMCSA requires you to maintain all the same records and procedures for these since you are the motor carrier responsible for safety of the vehicle(s) and driver(s).

You will need at a minimum the following for each owner-operator truck and all of their drivers

• Complete driver qualification file
• Complete vehicle maintenance file (will include the annual inspection form)
• Pre-employment drug testing
• Proof that all the drivers that operate under your authority are enrolled in a drug testing consortium
• Part 396 compliant lease agreement signed by you and each owner operator

I don't have time to fully quote the applicable regulations and such, perhaps @Moose1958 can help with that for you. I am travelling every day until mid-April and have limited access to my computer and the internet. I am sure I forgot something in this list, trying to respond while waiting for an airplane is distracting. Good luck with your review.

 

I think @brian991219 covered this. I am not trying to pile on, but if you don't have ALL the records required by 391.2X when they are asked for most likely the FMCSA will either shut you down or will give you a short time to comply. I really wish people would take the time to employ a compliance expert.

 

Doesn't it bother anyone that an owner with an authority is bringing the question like this up in the first place?

 

It should, but it doesn't anymore. This is exactly how I get customers. I let them be the experts on sourcing good freight and moving it down the road while I concentrate on keeping them legal.

Ever since they did away with OMC and the required general knowledge test before issuing authority it has all gone down hill. Not just on the carrier side, my side as well. Now anyone can declare themselves a compliance expert -we no longer need to be enrolled to practice before Federal Motor Carrier like the old ICC and OMC days.

 

That is why many people got their own authority, then did things the way they want. Nobody checks logs, don't worry about drugs, run as "outlaw" as you want. I used to be surprised when I'd talk to guys that still insist they don't need any of these compliance items because they are a one man operations and they are the only driver. And drug tests, those aren't needed at all. I know it won't be popular but there needs to be some way to require some demonstration of compliance before new entrants can put the first truck and driver on the road, owned or leased.

 

There used to be a written knowledge test, and prior to deregulation not just anyone could obtain authority. You had to petition the ICC, prove a need and have compentent staff that could actually understand the regulations before authority was ever granted.

The concept today is with the mandatory new entrant audit they will catch the illegal and incompetent before they do any real damage, although in my opinion the FMCSA waits too long for the audit. It should be within the first 90 days to really limit the amount of damage a fly by night carrier can do.

 

It bothers me.

If I was on the door of trucks roaming the USA I would want everything on them and the people inside of them.