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LEARNING OUTCOMESLEARNING OUTCOMES
• IDENTIFY FEDERAL AND STATEIDENTIFY FEDERAL AND STATE AUTHORITY THAT UNDERLIES COMMERCIAL MOTOR VEHICLECOMMERCIAL MOTOR VEHICLE ENFORCEMENT
• IDENTIFY THE COMPONENTS OF AN• IDENTIFY THE COMPONENTS OF AN ELECTRONIC CITATION THAT CHARGE AN OFFENSE UNDER THE FMCSRAN OFFENSE UNDER THE FMCSR
A FEDERAL AND STATE PARTNERSHIPPARTNERSHIP
• 2005 ONE OF THE LOWEST LARGE2005 ONE OF THE LOWEST LARGE TRUCK FATALITY RATES
• FMCSA PARTNERS WITH STATES TO• FMCSA PARTNERS WITH STATES TO CONDUCT ROADSIDE INSPECTIONS3 3 MILLION INSPECTIONS ON HIGH• 3.3 MILLION INSPECTIONS ON HIGH RISK CARRIERS FY 06
• STATES ARE A “FORCE MULTIPLIER”
MOTOR CARRIER SAFETY ASSISTANCE PROGRAMASSISTANCE PROGRAM
• 49 CFR PART 350 SETS UP MCSAP49 CFR PART 350 SETS UP MCSAP• ENSURE AND FMCSA AND STATES
WORK TOGETHERWORK TOGETHER• REDUCE ACCIDENTS WITH CMVS
WHAT’S IN IT FOR TEXAS?WHAT S IN IT FOR TEXAS?
• FY ’06 TEXAS RECEIVED NINE BILLIONFY 06 TEXAS RECEIVED NINE BILLIONIN MCSAP GRANTS
HOW DO I QUALIFY?HOW DO I QUALIFY?
• STATES MUST ADOPT RULES ANDSTATES MUST ADOPT RULES AND REGULATIONS COMPATIBLE WITH FMCSRFMCSR
• COMPATIBLE = IDENTICAL FOR INTERSTATE COMMERCEINTERSTATE COMMERCE
• COMPATIBLE = IDENTICAL OR WITHIN TOLERANCE GUIDELINES INTRASTATETOLERANCE GUIDELINES INTRASTATE
WHAT PART OF 49 CFR APPLY?WHAT PART OF 49 CFR APPLY?
• §390 – GENERAL REQUIREMENTS§390 GENERAL REQUIREMENTS• §391 – QUALIFICATIONS OF DRIVERS• §392 – DRIVING OF COMMERCIAL MVs§392 DRIVING OF COMMERCIAL MVs• §393 – PARTS & ACCESSORIES • §395 HOURS OF SERVICE• §395 – HOURS OF SERVICE• §396 – INSPECTION,REPAIR AND
MAINTENANCEMAINTENANCE• §397 – TRANSPORT HAZ MAT DRIVING &
PARKING RULESPARKING RULES
TEXAS STATUTORY SCHEMETEXAS STATUTORY SCHEME
• TRANSPORTATION CODE SEC 644 051TRANSPORTATION CODE SEC. 644.051 AUTHORIZES DPS TO ADOPT RULES AND REGULATIONS FOR SAFEAND REGULATIONS FOR SAFE OPERATION OF CMVs.
• DIRECTOR MAY ADOPT ALL OR PART OF FEDERAL SAFETY REGS BYOF FEDERAL SAFETY REGS BY REFERENCE.
WHAT HAS DPS ADOPTED?WHAT HAS DPS ADOPTED?
• MORE THAN REQUIREDMORE THAN REQUIRED• EXCEPT CDL REGULATIONS
ADOPTION BY DPS INCLUDES ALL• ADOPTION BY DPS INCLUDES ALL INTERPRETATIONS
• APPLICABLE TO INTERSTATE AND INTRASTATE COMMERCE
ADMINISTRATIVE ENFORCEMENTENFORCEMENT
• WHO’S ELIGIBLE?WHO S ELIGIBLE?
SECTION 644 101 OF THE• SECTION 644.101 OF THE TRANSPORTATION CODE AMENDED THREE TIMES BY THIS SESSION OFTHREE TIMES BY THIS SESSION OF THE LEGISLATURE
ELIGIBLE CITIESELIGIBLE CITIES• MUNICIPALITY LESS THAN 5,000 ADJACENT ,
TO A BAY CONNECTED TO GULF OF MEXICO IN COUNTY ADJACENT TO HARRISMUNICIPALITY OF 50 000• MUNICIPALITY OF 50,000; or,
• MUNICIPALITY OF 25,000 – 50,000 IN A COUNTY OF AT LEAST 500 000COUNTY OF AT LEAST 500,000
• MUNICIPALITY IN A COUNTY BORDERING MEXICOCO
• MUNICIPALITY HARRIS COUNTY• IN TEXARKANA
WHAT’S IN IT FOR THESE CITIES?CITIES?
• CITIES MAY RETAIN 110% ACTUALCITIES MAY RETAIN 110% ACTUAL EXPENSES FOR PRECEDING FISCAL YEAR; butYEAR; but,
• MUST PAY ALL COSTS RELATING TO ENFORCEMENT; andENFORCEMENT; and,
• ARE NOT PARTY TO THE FEDERAL GRANTGRANT.
MISCELLANEOUSMISCELLANEOUS
• NO PROBABLE CAUSE FOR STOPSNO PROBABLE CAUSE FOR STOPS
CLASS “C” MISDEMEANOR TO VIOLATE• CLASS “C” MISDEMEANOR TO VIOLATE A RULE ADOPTED UNDER CHAPTER 644644.
WEIGHT LIMITATIONSA RELATED TOPICA RELATED TOPIC
• TRANSPORTATION CODE CHAPTERTRANSPORTATION CODE CHAPTER 621
• MAY BE ENFORCED BY POLICE OFFICER CERTIFIED UNDER 644 101OFFICER CERTIFIED UNDER 644.101
PENALTIES FOR WEIGHT VIOLATIONSVIOLATIONS
• LESS THAN 5,000 lbs. -$100.00 to $150.00, $ $• 5,000 to 10,000 lbs. - $300.00 to $500.00• OVER 10,000 lbs. - $500.00 to $1,000.00, ,• FINES DOUBLE ON CONVICTION BEFORE
FIRST ANNIVERSARY• CT. CAN FINE LESS THAN MININUM ON
CERTAIN AXLE WT. VIOLATIONS IF VEHICLE AUTHORIZED TO CARRY MAX GROSS WTAUTHORIZED TO CARRY MAX. GROSS WT. AND GROSS WT. DID NOT EXCEED MAX. GROSS WT. FOR THE VEHICLE.
MISCELLANEOUSMISCELLANEOUS
• A JUDGE IS REQUIRED TO PROMPTLYA JUDGE IS REQUIRED TO PROMPTLY REPORT EACH CONVICTION TO DPS
• 50% OF FINES FOR VIOLATION OF50% OF FINES FOR VIOLATION OF MORE THAN 5,000 LBS SHALL BE SENT TO CONTROLLER UNLESS OFFENSE OCCURS WITHIN 20 MILES OF INTERNATIONAL BORDER THEN THE ENTIRE AMOUNT CAN BE RETAINEDENTIRE AMOUNT CAN BE RETAINED FOR ROAD MAINTENANCE.
ELECTRONIC TICKETINGELECTRONIC TICKETING
• TICKETS ARE UNIFORM EVERYWHERETICKETS ARE UNIFORM EVERYWHERE BUT TEXAS
• BUT ALL TICKETS ARE UNIFORM• BUT ALL TICKETS ARE UNIFORM THROUGHOUT TEXAS
Add d i iti t t /ti k t bAdd mode initiates a report /ticket number and shows report status as “new”
Interstate transport indicator
Start time provides a time line for driver and logbook if applicable at ti f i titime of inspection
Establish level of inspection:
Level 1-all aspects of vehicle including paperwork, driver, equipment and load securement
Level 2-”walk around” vehicle equipment, driver and load securement
Level 3-driver only and paperwork
Level 4-special program (i.e. only brakes, specific part of vehicle to target and nothing more)
Level 5-terminal inspection, notice given, no surprises, prearranged level 1 inspection with no charges
CDL commercial driverCDL commercial driver license does it apply to driver and inspection?
CMV commercial motor vehicle
>10 001 lbs interstate>10,001 lbs. interstate
>26,001 lbs. intrastate
C t i dCounty window
Harris or any other selection will input the proper data table for theproper data table for the respective county as it pertains to roadways and judgesj g
Road class
IH Interstate HighwayIH Interstate Highway
US/SH US and State Highway
FM/RR F t M k t &FM/RR Farm to Market & Ranch Road
County road and city street
Here this example depicts Harris county with US /State Highway road class on StateHighway road class on State Highway 225
Driver Information
This includes DL number, DL state and class, name and home address
M di l C dH h l Medical Card
Date of birth and whether commerce is interstate dictates applicability
Here the example shows “exempt”, which depicts an intrastate move
Intrastate DOB >September 1971
Interstate >10,001 lbs.
intrastate move with a driver born before September 1971
CO# – Company number (unit identifier)
License Plate & State – Self explanatory
T k d t il i f ti
Seal Rem – Seal removed
Seal Inst – Seal installed
CVSA Dec – Commercial Vehicle Safety Alliance Decal
Reg – (unseen here) Registration weightTruck and trailer information
Units 1 & 2 are articulated /combination
Reg – (unseen here) Registration weight
GVWR – (unseen here) Gross Vehicle Weight Rating
“Kenworth” Truck-tractor
“Utility” Semi-trailer
This slide shows a five axle configuration with the letters:
X Steering axle
OO Tandem axle (34,000 lbs.) power unitOO Tandem axle (34,000 lbs.) power unit
OO Tandem axle (34,000 lbs.) trailer
The program permits the e p og a pe s eaddition of axle weights and bridge distances to enforce weight law
“Update Weights” button will input data from “Axle weights” configuration g gwindow
This depiction shows interstate commerce
Describe commodity includesDescribe commodity, includes shipping number on bill of lading if applicable, consignor (shipper) and consignee (buyer), origin and destination
Add Violations
This will bring up another windowThis will bring up another window listing several thousand arrest titles referencing the Federal Motor Carrier Safety Regulations and the Texas T t ti C dTransportation Code
This is the violation listThis is the violation list described in the previous slide with the main program running in the background
An abbreviated search for the word “flat” will list several choices (5 in all) containing the word “flat”
In this example the violation is “Flat tire”
The operator chooses the forth entry by moving hi th titlhis cursor over the title
Once the violation choice is highlighted the operator clicks the “Add to Chosen Items” button to list it at the bottom of the screen and eventually intothe screen and eventually into the main body of the inspection report
Each violation added to the main body of the report must have a unit assigned to it
U it 1 t i ll i th itUnit 1 typically is the power unit
Unit 2 the articulated vehicle in combination with the power unit
The operator must know the North American A & B out-of-service criteria and designate (if any) which violations are out-of-any) which violations are out ofservice
“A” Repaired at scene /obtained operation
Each out-of-service violation requires a disposition code
authority
“B” Towed /escorted to repair service
“D” Other (list in comments)
“N” Driver OOS
“U” Unknown /Unverified
Here the Tire-Flat and steering column component is designated as out-of-service with a disposition code of “B” Towed and “A” Repaired at scene and both filed as a ticketboth filed as a ticket
An example of out-of-service driver for invalid CDL; includes driver OOS designator driverCDL; includes driver OOS designator, driver OOS until
All power /trailer units must have brakes; this section of the program permits a designator of any type ofpermits a designator of any type of brake including hydraulic, electric, vacuum, inoperative, surge, air brake stroke or pushrod measurements up t 10 l f th i ht d l ft idto 10 axles for the right and left side of each vehicle
Here this example shows a five axle configuration with an inoperative brake chamber on theinoperative brake chamber on the steering axle and two brakes out of adjustment on the left side of axles two and five
Add inspectorsDrop down window provides a selection of pinspectors given a specific area of the state
Comments provide the inspector andComments provide the inspector and those in compliance review recall on small details not in the main body of the report
This inspection concluded pwith two charges filed for a flat tire and a worn steering componentCourt information
Typing the first few letters of the desired court will automatically insertdesired court will automatically insert matching data from the operator’s input
Pushing the enter button will complete the court window and prompt the operator for a court datecourt date
Steering axleTandem axles
Steering axle
Tire size /rating (sidewall)Without 1547 /2060 permit 34,000 lbs.
With permit 37,400 lbs. (no bridge law)
10 250 lbs 36 850 lbs 41 500 lbs10,250 lbs. 36,850 lbs. 41,500 lbs.
36 850 lbs 41 500 lbs10 250 lbs
10,250 lbs. + 36,850 lbs. + 41,500 lbs. = 88,600 lbs. Gross weight
36,850 lbs. 41,500 lbs.10,250 lbs.
There are a number of weight violations in this example, assuming no valid 1547 /2060 overweight permit for the power unitno valid 1547 /2060 overweight permit for the power unit
41 500 lbs41,500 lbs.
Arrest Title
Over 34,000 lbs. tandem axle
How much over? The difference of actual weight (41,500) and tandem law standard (34 000) equals 7 500(34,000) equals 7,500 lbs. over
36 850 lbs
Arrest Title
36,850 lbs.
Over 34,000 lbs. tandem axle
How much over? The difference of actual weight (36,850) and tandem law standard (34 000) equals 2 850(34,000) equals 2,850 lbs. over
36 850 lbs 41 500 lbs
O f l
Arrest Title
36,850 lbs. 41,500 lbs.
Over group of axles
How much over? The difference of actual weight (78,350) and tandem law standard combined for both axles (68 000) equalsaxles (68,000) equals 10,350 lbs. over
36 850 lbs 41 500 lbs10 250 lbs
O ll bl i h
Arrest Title
36,850 lbs. 41,500 lbs.10,250 lbs.
Over allowable gross weight
How much over? The difference of actual weight g(88,600) and law standard of 80,000 equals 8,600 lbs. over
• List of violations for this exampleList of violations for this example– Over 34,000 lbs. tandem axle (axles 2 /3)– Over 34,000 lbs. tandem axle (axles 4 /5)Over 34,000 lbs. tandem axle (axles 4 /5)– Over weight group of axles (axle 2 /5)– Over allowable gross weightg g
• DPS policy /guideline– File heaviest violation
• File warnings on lighter infractions– No more than two