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Commercial Motor Vehicle Program Manual

HS23PG Commercial Motor Vehicle (CMV) Program

Occupational Health, Safety and Injury Prevention

1/1/2017

Subject Matter Expert

Bill Leonard
WL68@cornell.edu (607) 255-5616

Table of Contents

1.0 Introduction
2.0 Objectives and Metrics
3.0 Scope
4.0 Roles and Responsibilities
5.0 Driver Qualification (DQ) Files
6.0 9-15 Passenger Vehicles and Drivers
7.0 Rental Vehicles and Drivers
8.0 Commercial Motor Vehicles
9.0 Driving Hours of Service (HOS)
10.0 Training
11.0 Records and Document Control
12.0 Definitions
13.0 Guidance Documents
14.0 Document History

1.0 Introduction

1.1    Cornell University operates a fleet of Commercial Motor Vehicles (CMV) as a Federally regulated commercial motor carrier.

1.2    These vehicles are used by the University in support of research, academic and service activities that are highly visible and represent the University wherever they are being operated.

1.3    Drivers are expected to operate CMV in a safe and compliant manor while following the University’s Policies and Procedures.

2.0 Objectives and Metrics

2.1    This program will ensure compliance with applicable Federal, State, and local regulations, including;

  • 2.1.1    49 CFR Part 40 and 325-399

  • 2.1.2    17 NYCRR Part 820

  • 2.1.3    Title 49 of USC Chapter 313

  • 2.1.4    NYS Vehicle and Traffic Law, Article 19

2.2    Provide training so that all CMV drivers and supervisors regulated by this program acquire the understanding, knowledge and skills necessary for compliance with DOT regulations.

3.0 Scope

3.1    The CMV Program applies to all persons operating Cornell University owned or leased CMV except for those of Weill Medical College

3.2    CMV Program coverage includes the main Ithaca campus and remote facilities

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4.0 Roles and Responsibilities

4.1 CMV Program Manager (EHS)

  • 4.1.1 Overall program responsibility

  • 4.1.2 Create and maintain a CMV program manual

  • 4.1.3 Maintain driver qualification files for drivers of CMV

  • 4.1.4 Complete Motor Carrier Identification Report (MCS–150)

  • 4.1.5 Maintain Unified Carrier Registration

  • 4.1.6 Complete motor vehicle record (MVR) checks on potential CMV drivers

  • 4.1.7 Conduct annual review of driving record, which includes annual check of MVR

  • 4.1.8 Regularly notify units and drivers of non-compliance with diver qualification file requirements

  • 4.1.9 Conduct audits of unit drivers, time logs, vehicle inspections and maintenance records

  • 4.1.10 Provide DOT training for drivers and support staff of CMV’s

  • 4.1.11 Provide information to Human Resources for compliance with the Controlled Substance and Alcohol Use Testing program

4.2 Risk Management

  • 4.2.1 Provide policy of insurance for CMV coverage

  • 4.2.2 Ensure insurance meets minimum level of financial responsibility for transportation of passengers and property

  • 4.2.3 Review all student drivers for CMV driving approval

4.3 Transportation Services

  • 4.3.1 Review and approval of all drivers operating University vehicles including coordinated review of student drivers with Risk Management

  • 4.3.2 Maintain inventory of all University owned CMV

  • 4.3.3 Notify EHS program manager of changes in CMV inventory

4.4 Unit / Department CMV Representative

  • 4.4.1 Work with potential drivers of CMV to complete a driver qualification file

  • 4.4.2 Submit all driver qualification file forms to EHS

  • 4.4.3 Notify EHS of any changes in CMV driver duties (i.e. no longer driving or employed)

  • 4.4.4 Notify Transportation Services and EHS of any CMV purchases

  • 4.4.5 Notify Human Resources of any CMV drivers requiring a Commercial Drivers License (CDL) to perform work related functions

  • 4.4.6 Ensure CMV Drivers are maintaining CMV post trip inspection records

  • 4.4.7 Ensure maintenance staff are maintaining CMV maintenance records

  1. Records of all preventive and corrective maintenance

  2. Records of all manufacture recommended inspections (brakes, suspension, etc.) and State required annual vehicle inspections

4.5 CMV Driver

  • 4.5.1 Provide all required information to complete and maintain a driver qualification file

  • 4.5.2 Operate all CMV in a safe and professional manner in compliance with DOT Regulations and University policy

  1. Including prohibitions against texting and/or using hand held electronic devices

  2. Notifying supervisor of any change in license status

  • 4.5.3 Complete drivers daily CMV inspection report and submit to CMV maintenance staff as needed

  • 4.5.4 Maintain hours of service logs (see section 9.0)

  • 4.5.5 Maintain and carry a valid driver’s license and DOT physical card as needed (see section 5.8)

  • 4.5.6 Complete certificate of violations annual review form

4.6 CMV Maintenance Staff

  • 4.6.1 Systematically inspect, repair and maintain CMV in compliance with DOT regulations

  • 4.6.2 Produce and Maintain records for each CMV they control

  • 4.6.3 Maintain proper DOT identification markings on all CMV

5.0 Driver Qualification (DQ) Files

Cornell University is required to maintain a driver qualification file for each CMV driver. The following documents are required to be included in the file. It is the responsibility of each CMV representative and driver to ensure that all DQ files are completed and submitted to the CMV program manager. (9-15 Passenger Vehicles see section 6.0)

5.1 Driver Application for Employment (Form) HS23F_001

5.2 Safety Performance History Records Request (Form HS23F_002)

  • 5.2.1 Copies of previous employer’s safety performance history results and rebuttals can be made by completing: Driver Applicant Safety Request Rebuttal (Form HS23F_003)

5.3 Hours of Service Records for First Time or Intermittent Drivers (Form HS23F_006)

5.4 Certificate of Violations Annual Review (Form HS23F_004)

  • 5.4.1 Electronic form is available for drivers that are in the Kelmar system

5.5 Driver Abstract from the Department of Motor Vehicles (DMV)

  • 5.5.1 Required at time of hire and annually thereafter

  • 5.5.2 Obtained by Kelmar following completion of section 5.4

5.6 Driver Road Test Form (Form HS23F_005)

5.7 Copy of valid Drivers License

5.8 Copy of valid Medical Examination Certificate (DOT Physical)

  • 5.8.1 Must be completed by a certified DOT examiner and include their national registry number on card

  • 5.8.2 Not required for intrastate (NY only) drivers who received their initial CDL before 9/9/1999

  1. Must have A3 (physical exempt) and K (intrastate only) restriction on license

  2. Cannot transport 16 passenger or more

  3. Cannot transport hazardous materials requiring placards

  • 5.8.3 Not required for non-CDL intrastate (NY only) drivers who received their initial drivers license before 1/1/2004

  1. Cannot have a CDL

  2. Cannot transport 16 passengers or more

  3. Cannot transport hazardous materials requiring placards

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6.0 9-15 Passenger Vehicles and Drivers

Vehicles designed to carry 9-15 passengers including the driver get relief from some of the CMV regulations. The following are required for 9-15 passenger vehicles and their drivers.

6.1 Drivers must complete a shortened Driver Qualification (DQ) File

  • 6.1.1 Copy of valid Drivers License

  • 6.1.2 Certificate of Violations Annual Review (Form HS23F_004)

  1. Electronic form is available for drivers that are in the Kelmar system

  • 6.1.3 Driver Abstract from the Department of Motor Vehicles (DMV)

  1. Required at time of hire and annually thereafter

  2. Obtained by Kelmar following completion of section 6.1.2

6.2 Vehicle marking (See Section 8.1)

7.0 Rental Vehicles and Drivers

Property carrying CMV under a rental agreement for a term not exceeding 30 days must meet the requirements of this section. Those rentals exceeding 30 days require full compliance.

7.1    Drivers must complete a DQ file in accordance with Section 5

7.2    Vehicle marking    

  • 7.2.1    The name and USDOT number of the rental company must be displayed per section 8.1

7.3    Rental Agreement must    

  • 7.3.1    Contain name and address of renting motor carrier    

  • 7.3.2    Have USDOT number of renting motor carrier preceded by the letters “USDOT”    

  • 7.3.3    Be carried on the rental CMV during the term of the rental agreement

7.4    Vehicle inspections per section 8.2

7.5    Hours of service per section 9.0

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8.0 Commercial Motor Vehicles

Cornell University is required to maintain CMV in accordance with State and Federal regulations. It is the responsibility of the CMV driver and maintenance staff to ensure vehicles meet the following requirements.

8.1 Required markings must be legible from 50 feet (2 inches tall)

  • 8.1.1 Name of the motor carrier “Cornell University”

  • 8.1.2 Identification number preceded by the letters USDOT, “USDOT 1370007”

  • 8.1.3 The words “Not For Hire” is recommended for 9-15 passenger vehicles

8.2 Required emergency equipment

  • 8.2.1 One 5 B:C fire extinguisher (or two 4 B:C fire extinguishers)

  1. CMV transporting hazardous materials require 1 – 10 B:C fire extinguisher
  • 8.2.2 Spare fuses, one of each type needed

  • 8.2.3 Warning devices for stopped vehicles

  1. 3 – bidirectional reflective triangles or 3 liquid burning flares or 6 fusees

8.3 Driver inspections

  • 8.3.1 Before driving a CMV, the driver must verify that it is in safe operating condition

  1. Review the last Drivers CMV Inspection Report (Form HS23F_009)

  2. Perform pre-trip walk around inspection of the CMV, Drivers CMV Inspection Guide (Form HS23F_010)

  3. Sign the report if required repairs have been made

  • 8.3.2 Each driver at the end of each shift shall perform and document a post-trip walk around inspection of the CMV

  1. Complete Drivers CMV Inspection Report (Form HS23F_009)

  2. Drivers CMV Inspection Guide (Form HS23F_010)

8.4 Vehicle maintenance

  • 8.4.1 Maintenance records (electronic or Form HS23F_011) must contain the following:

  1. Vehicle ID#

  2. Make

  3. Serial number (VIN)

  4. Year

  5. Tire size

  6. Owner if leased

  7. Record of repairs and maintenance (indicating date and nature)

  1. Vehicle ID#

  2. Make

  3. Serial number (VIN)

  4. Year

  5. Tire size

  6. Owner if leased

  7. Means to indicate the nature and due date of the various systematic inspection operations (i.e. annual State, brakes – 7000 miles, suspension – 15000 miles)

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9.0 Driving Hours of Service (HOS)

9.1 Short Haul CMV Drivers (100 air mile radius)

  • 9.1.1 Restrictions

  1. Operate within 100 air miles of normal work location

  2. Returns to work location and is released within 12 hours

  3. Has at least 10 consecutive hours off duty separating each 12 hours on duty

  • 9.1.2 Documentation (retained for 6 months)

  1. Time driver reports for duty, total hours on duty, time driver is released

  2. Total time on duty preceding 7 days including last time off period

    • Hourly staff: Kronos serves as documentation

    • Salary staff: complete 100 Air Mile HOS Record (HS23F_007)

9.2 Non-CDL Property-carrying CMV Drivers (150 air mile radius)

  • 9.2.1 Restrictions

  1. Vehicle does not require a CDL and only transports property

  2. Operate within 150 air miles of normal work location

  3. Returns to work location at the end each work shift

  4. Has at least 10 consecutive hours off duty separating each 14 hours on duty

  5. Does NOT drive after the 14 hour

    • 14 hour day only allowed 5 out of 7 consecutive days

  • 9.2.2 Documentation (retained for 6 months)

  1. Time driver reports for duty, total hours on duty, time driver is released

  2. Total time on duty preceding 7 days including last time off period

  • Hourly staff: WorkDay serves as documentation

  • Salary staff: complete 100 Air Mile HOS Record (HS23F_007)

9.3 CMV Drivers Daily Log (drivers not meeting section 9.1 or 9.2)

  • 9.3.1 Restrictions

  1. Property-carrying CMV driving time (Passenger CMV 10 hrs. out of 15 hr. day)

    • Has at least 10 consecutive hours off before shift

    • Can only drive 11 hours during a 14 hour day (can’t drive after the 14th hr.)

    • Must take a 30 min off duty break every 8 hours worked (driving/on duty)

    • Cannot drive after being on duty 70 hours in 8 consecutive days

  • 9.3.2 Documentation (retained for 6 months by EHS)

  1. Must complete Drivers Daily Log (HS23F_008) and submit copy to CMV Program Manager

  • East Hill Office Building, 395 Pine Tree Rd., Suite 210 or Contact Bill Leonard wl68@cornell.edu (607) 255-5616 for pick-up

    b. Total time on duty preceding 7 days including last time off period

  • Hourly staff: WorkDay serves as documentation

  • Salary staff: complete 100 Air Mile HOS Record (HS23F_007) or HOS for Intermittent Drivers (HS23F_006).

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10.0 Training

10.1 CMV Driver Training – is recommended for all CMV drivers. This training will assist drivers, maintenance staff and CMV representatives to operate safely and compliantly.

10.2 Entry Level Driver Training – is required for CDL drivers with less than 1 year experience operating a CMV in interstate commerce. This training is covered by section 10.1 CMV Driver Training. Training must include instruction addressing the following areas.

  • 10.2.1 Driver qualification requirements

  • 10.2.2 Hours of service of drivers

  • 10.2.3 Driver wellness

  • 10.2.4 Whistleblower protection

10.3 Safety Sensitive Employee Training – is required for all CDL drivers operating a CMV. The training includes copies of relevant policies and at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety and the work environment and on the signs and symptoms which may indicate prohibited drug use.

10.4 Safety Sensitive Supervisor Training – is required for all supervisors of safety sensitive employees who are designated to determine whether reasonable suspicion exists to require covered employee to undergo drug and alcohol testing. The training includes copies of relevant policies and 2 hours of training on the physical, behavioral, speech and performance indicators of probable alcohol and drug use.

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11.0 Records and Documentation Control

Form Name / Number

Retention Policy

Maintain Location

HS23F_001Driver_Application_For_Employment

3 yrs after departure

KELMAR

HS23F_002Safety_Performance_History_Records_Request

3 yrs after departure

KELMAR

HS23F_003Driver_Applicant_Safety_Request_Rebuttal

3 yrs after departure

KELMAR

HS23F_004Certificate_Of_Violations_Annual_Review

3 yrs

KELMAR

HS23F_005Driver_RoadTest_Form

3 yrs after departure

KELMAR

HS23F_006Hours_Of_Service_Record_For_First_Time_Or_Intermittant_Drivers

Drivers 6 mth

KELMAR / Unit

HS23F_007_100_Air_Mile_HOS_Record

6 mth

Unit

HS23F_008Drivers_Daily_Log

6 mth

Unit / EHS

HS23F_009Drivers_CMV_Inspection_Report

3 mth

Unit

HS23F_010Drivers_CMV_Inspection_Guide

HS23F_011CMV_Maintenance_Record

1 yr

Unit

HS23F_012CMV_Inspection_Record

1 yr

Unit

12.0 Definitions

12.1 Commerce- means any trade, traffic or transportation in the jurisdiction of the United States within a single state; between a place in a state and a place outside a state; that affects trade, traffic or transportation between a place in a state and place outside a state

12.2 Commercial Driver’s License (CDL)- means a license issued to an individual by a State or other jurisdiction which authorizes the individual to operate the following classes of CMV’s:

  • 12.2.1 Combination Vehicle (Group A) – having a gross combination weight rating 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight rating of 10,001 pounds or more; or

  • 12.2.2 Heavy Straight Vehicle (Group B) – having a gross vehicle weight rating of 26,001 pounds or more; or

  • 12.2.3 Small Vehicle (Group C) – that does not meet Group A or B requirements, but that either

    • a. Is designed to transport 16 passengers or more; or

    • b. Is of any size and used to transport hazardous materials requiring placards

12.3 Commercial Motor Vehicle- means any self-propelled or towed motor vehicle used on a highway in interstate or intrastate commerce to transport passengers or property when the vehicle:

  • 12.3.1 Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more; or

  • 12.3.2 Is designed or used to transport 9 to 15 passengers (including the driver)

  • 12.3.3 Is designed or used to transport 16 passengers or more (including the driver) regardless of compensation

  • 12.3.4 Is used in transporting materials found to be hazardous under 49 USC 5103 and transported in a quantity that requiring placarding under 49 CFR, subtitle B, chapter I, subchapter C.

12.4 Electronic device- includes, but is not limited to cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive or read text

12.5 Emergency relief- means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement State and local efforts and capabilities to save lives or property, or to protect public health and safety as the result of an emergency

12.6 Gross Combination Weight Rating (GCWR)-the sum of the gross vehicle weight ratings (GVWR) of the power unit and towed unit(s)

12.7 Gross Vehicle Weight Rating (GVWR)-means the value specified by the manufacturer as the loaded weight of a single motor vehicle

12.8 Hazardous material- means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce, and which has been so designated

12.9 Hazardous waste- means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR part 262

12.10 Highway- means any road, street, or way, whether on public or private property, open to public travel

12.11 Interstate- means trade, traffic, or transportation in the United States:

  • 12.11.1 Between a place in a State and a place outside of such State

  • 12.11.2 Between two places in a State through another State

  • 12.11.3 Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States

12.12 Motor vehicle- means any vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof

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13.0 Guidance Documents

13.1 New CMV Driver Guide – will provide instructions for adding new or first time drivers to the CMV program. It will step you through the process from start to finish including the required forms, tips for completing them and the process to get drivers approved.

13.2 Hours of Service Guide – will provide instructions for meeting the hours of service regulations for all commercial motor vehicle drivers. It will outline any exemptions that may apply as well as explain the driving hour restrictions and supporting documentation required.

14.0 Document History

Date

Change

Made By

2017

Initial Document

Bill Leonard

Controlled document if viewed online. Uncontrolled if printed. Valid 14 days from print date and time.

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