{"id":4672,"date":"2020-03-10T16:30:38","date_gmt":"2020-03-10T15:30:38","guid":{"rendered":"http:\/\/en.advancedfleetmanagementconsulting.com\/?p=4577"},"modified":"2020-03-10T16:30:38","modified_gmt":"2020-03-10T15:30:38","slug":"when-should-drivers-be-disqualified-from-driving-your-fleet-vehicles","status":"publish","type":"post","link":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/2020\/03\/10\/when-should-drivers-be-disqualified-from-driving-your-fleet-vehicles\/","title":{"rendered":"When Should Drivers Be Disqualified from Driving Your Fleet Vehicles?"},"content":{"rendered":"<h3 style=\"text-align: center\"><strong>When Should Drivers Be Disqualified from Driving Your Fleet Vehicles?<\/strong><\/h3>\n<p style=\"text-align: justify\">Your small fleet\u00a0may not be\u00a0subject to\u00a0Federal Motor Carrier Safety Alliance (FMCSA)\u00a0safety regulations, and you might not\u00a0need\u00a0drivers with\u00a0commercial driver\u2019s licenses\u00a0(CDLs).\u00a0Yet when it comes to\u00a0setting rules regarding\u00a0behaviors that will disqualify\u00a0them\u00a0from operating your fleet vehicles,\u00a0FMCSA\u2019s driver disqualification criteria\u00a0is\u00a0a good place to start.<\/p>\n<p style=\"text-align: justify\">Under FMCSA regulations, major offenses\u00a0that result in suspension of a CDL\u00a0include:<\/p>\n<ul style=\"text-align: justify\">\n<li>Being under the influence of alcohol as laid out by state law, or refusing to undergo alcohol level testing,<\/li>\n<li>Being under the influence of a controlled substance,<\/li>\n<li>Leaving the scene of an accident involving a commercial motor vehicle,<\/li>\n<li>Using\u00a0the\u00a0vehicle to commit a felony,<\/li>\n<li>Using the vehicle in the commission of a felony involving the manufacturing, distribution or dispensing of a controlled substance.<\/li>\n<\/ul>\n<p style=\"text-align: justify\">There\u00a0also are\u00a0violations that will impact CDL qualification, but not necessarily result in a suspension for a first-time violator. Those include:<\/p>\n<ul style=\"text-align: justify\">\n<li>Excessive speeding \u2014 15 mph or more over the posted speed limit,<\/li>\n<li>Reckless driving,<\/li>\n<li>Improper or erratic lane changes,<\/li>\n<li>Following too closely,<\/li>\n<li>A traffic violation that results from an accident where there was a fatality,<\/li>\n<li>Driving a commercial motor vehicle without having a CDL,<\/li>\n<li>Driving a commercial motor vehicle without having a CDL in the driver\u2019s possession,<\/li>\n<li>Driving a commercial motor vehicle without having the proper class of CDL and\/or endorsements for the specific vehicle group operated, for passengers or cargo type.<\/li>\n<\/ul>\n<h5 style=\"text-align: justify\">Understanding\u00a0Disqualification<\/h5>\n<p style=\"text-align: justify\">Disqualified drivers are not allowed to operate commercial vehicles at any time.\u00a0Disqualification periods vary depending on the offense. For example,\u00a0two serious traffic violations in separate incidents during any three-year period will result in a 60-day disqualification.<\/p>\n<p style=\"text-align: justify\">Three serious traffic violations in separate incidents during a three-year period will lead to a 120-day disqualification period. However, a driver will receive a lifetime disqualification with no eligibility for reinstatement if convicted of using a vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance.<\/p>\n<p style=\"text-align: justify\">Jim Noble, vice president, risk management at eDriving, a firm that helps companies reduce collisions, injuries and license violations,\u00a0says the FMCSA regulations,\u00a0\u201care base guidelines that give a fleet a good starting point [for setting driver behavior rules].\u201d<\/p>\n<p style=\"text-align: justify\">He adds\u00a0that a\u00a0fleet\u00a0study its own market\u00a0from a liability standpoint\u00a0to\u00a0determine\u00a0whether\u00a0it should\u00a0have stricter procedures,\u00a0especially around driver hiring and retention criteria.<\/p>\n<p style=\"text-align: justify\">Marc Canton, manager, Mercury Associates,\u00a0a fleet management consulting firm,\u00a0says, \u201cEvery organization has to determine its own risk tolerances and\u00a0define policies\u00a0accordingly.\u00a0However, the best programs not only have policies and procedures, but also have formal training programs that are 360 degrees \u2014 there is a feedback loop from hiring, to initial training, to measured performance, to ongoing and remedial training, with formal incentives.\u201d<\/p>\n<h5 style=\"text-align: justify\">Uniform\u00a0Criteria<\/h5>\n<p style=\"text-align: justify\">While FMCSA criteria apply to drivers with CDLs, both Noble and Canton believe that\u00a0fleets should use the same\u00a0disqualification criteria across the board,\u00a0even for drivers who do not need to have a CDL.\u00a0\u201cEssentially the best practice is to use the CDL requirements as your guide for creating policies for non-CDL drivers,\u201d Canton says.<\/p>\n<div class=\"widget-full-width-box\" style=\"text-align: justify\">\n<h5>The Purpose of\u00a0the Drug and Alcohol Clearinghouse<\/h5>\n<p>The Drug and Alcohol Clearinghouse is now in effect. It is an electronic database that tracks\u00a0CDL drivers who have tested positive for prohibited drug or alcohol use, as well as those who refused to take a drug test.\u00a0The purpose of the Clearinghouse is to prevent a driver who fails a drug test to get hired\u00a0to drive for another fleet\u00a0without completing a return-to-duty\u00a0process, which\u00a0will make them eligible to drive again.<\/p>\n<p>Registration for motor carriers and drivers began in October. The Clearinghouse contains drug and alcohol violations under part 382 of FMCSA regulation.\u00a0The Clearinghouse will only contain Department of Transportation drug and alcohol tests;\u00a0results from any additional testing a fleet conduct will not be included.<\/p>\n<p>As of\u00a0Jan.\u00a06, 2020,\u00a0companies\u00a0must\u00a0check the database during the driver hiring process and during annual driver reviews.\u00a0Violations will remain in the database for a period of five years or until the driver completed required return-to-duty process.<\/p>\n<p>Noble\u00a0of\u00a0eDriving\u00a0says, \u201cThe Clearinghouse is going to be great to have from a regulated fleet standpoint.\u201d However,\u00a0from a non-regulated fleet standpoint, there is no similar clearinghouse.\u00a0As a result, fleets will have to rely on regular checks of drivers\u2019 Motor Vehicle Reports to discover if there have been any violations, convictions and license status.<\/p>\n<\/div>\n<p style=\"text-align: justify\">As for setting those regulations, Noble says\u00a0insurance companies\u2019\u00a0loss control\u00a0departments are a good resource.<\/p>\n<p style=\"text-align: justify\">In addition, each fleet needs to examine its own performance when it comes to things like number of motor vehicle violations, number of serious motor vehicle violations,\u00a0and past crashes and incidents.\u00a0\u201cFleets have always looked\u00a0at drivers\u2019 motor vehicle records for violations and crashes when making hiring decisions,\u201d Noble says. \u201cHowever, with\u00a0the driver shortage,\u00a0they may be tempted to loosen those up.\u00a0In\u00a0actuality,\u00a0because of\u00a0\u2018nuclear verdicts,\u2019\u00a0they probably should be tightening them up.\u201d<\/p>\n<p style=\"text-align: justify\">When it comes to violations and crashes,\u00a0it is all about the number and types. Driver should have no more than two violations in the last three years,\u00a0no serious moving violations in the last three years (such as DUIs or reckless driving), and no more than one at fault crash.<\/p>\n<p style=\"text-align: justify\">Your own discipline policies can be different from those of FMCSA, but you can\u2019t override an FMCSA disqualification.<\/p>\n<p style=\"text-align: justify\">Canton says fleets need to use all the data that is coming off trucks via sensors and telematics devices to find drivers who are in violation of your policies. \u201cYou need to analyze the data. One hard braking incident in rush hour in Chicago is different than someone\u00a0who\u00a0is\u00a0braking\u00a0hard every five minutes.\u201d<\/p>\n<p style=\"text-align: justify\">This data can help you identify at-risk drivers or\u00a0those\u00a0who are more likely to end up being disqualified because they violated FMCSA rules.<\/p>\n<h5 style=\"text-align: justify\">Communicate Early\u00a0and Often<\/h5>\n<p style=\"text-align: justify\">Whatever policy the fleet sets, it is important that\u00a0it\u00a0becomes\u00a0part of the hiring criteria and gets\u00a0communicated to all\u00a0applicants\u00a0so they understand\u00a0it.\u00a0\u201cDrivers\u00a0need to know that these\u00a0are the basic policies and procedures that set expectations in terms of what you expect from a driver safety standpoint,\u201d\u00a0Nobles says.<\/p>\n<p style=\"text-align: justify\">The information\u00a0also\u00a0needs to be in the employee handbook and communicated to new hires at orientation and reinforced\u00a0during regular\u00a0safety meetings.<\/p>\n<p style=\"text-align: justify\">Canton says beyond the formal policies and procedures,\u00a0fleets need to consider incentives for drivers so they do not engage in behavior that can lead to disqualification. \u201cYou need both the carrot and the stick,\u201d he says. \u201cStudies have shown that\u00a0human nature is such that\u00a0best programs have the correct combination\u00a0of both the carrot (incentives) and the stick (punishments).\u201d<\/p>\n<p style=\"text-align: justify\">When it comes to policies regarding driver behavior and disqualification, it is not just\u00a0\u201cset it and forget it.\u201d\u00a0According to Noble, \u201cAt least\u00a0once a year, fleets should do a major review of\u00a0their\u00a0policies and procedures to see if they are keeping up with the risk profile to determine if they need to be tightened or changed.\u201d<\/p>\n<p style=\"text-align: justify\">He also said fleets will want to start checking the new Drug &amp; Alcohol Clearinghouse regularly.\u00a0(See\u00a0sidebar.)<\/p>\n<p style=\"text-align: justify\">Canton agrees that an annual review is a good idea. \u201cThe\u00a0policies\u00a0and procedures should not be sitting around collecting dust. They should be living documents.\u201d<\/p>\n<p style=\"text-align: justify\">Ideally,\u00a0he would like to see fleets checking drivers\u2019 motor vehicle records\u00a0(MVR)\u00a0every six months. \u201cI would argue that it is probably a good idea to invest in the newer systems where you pay a subscription fee.\u00a0You submit your drivers\u2019 identification information and anytime an incident appears on the driving record, you get a notification automatically without having to run a check.\u201d<\/p>\n<p style=\"text-align: justify\">He also suggests that companies have a\u00a0policy\u00a0that\u00a0requires\u00a0drivers\u00a0to\u00a0report any incident within 24 hours. \u201cThis\u00a0is important because there is always a delay from a ticket or an accident appearing on the driving record.\u201d<\/p>\n<p style=\"text-align: justify\">If someone other than the employee is going to be driving a company-owned vehicle, it is wise to check that person\u2019s MVR on an annual basis as well.<\/p>\n<p class=\"p-16-gray\">by Denise L. Rondini<\/p>\n<p>Source: <a href=\"https:\/\/www.automotive-fleet.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">https:\/\/www.automotive-fleet.com\/<\/a><\/p>\n<h3 style=\"text-align: center\">FLEET MANAGEMENT AUDIT<\/h3>\n<p>Fleet management is the use of a set of vehicles in order to provide services to a third-party, or to perform a task for our organization, in the most efficient and productive manner with a determined level of service and cost.<\/p>\n<p>Fleet management activities are shown in the following graph 1:<\/p>\n<p><img loading=\"lazy\" class=\"aligncenter wp-image-1106 size-full\" title=\"fleet management activities\" src=\"http:\/\/en.advancedfleetmanagementconsulting.com\/wp-content\/uploads\/2016\/06\/grafico-AFMC-en.jpg\" alt=\"fleet management activities\" width=\"1600\" height=\"800\" srcset=\"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-content\/uploads\/sites\/3\/2016\/06\/grafico-AFMC-en.jpg 1600w, https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-content\/uploads\/sites\/3\/2016\/06\/grafico-AFMC-en-300x150.jpg 300w, https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-content\/uploads\/sites\/3\/2016\/06\/grafico-AFMC-en-1024x512.jpg 1024w\" sizes=\"(max-width: 1600px) 100vw, 1600px\" \/><\/p>\n<p style=\"text-align: center\">Graph 1: fleet management activities<\/p>\n<p>The proposal audit analyses and assesses all fleet management activities shown in the graph 1, and its main goals are:<\/p>\n<ul>\n<li>Know the overall status of the fleet management activities<\/li>\n<li>Provide the analysis, the assessment, the advice, the suggestions and the actions to take in order to cut costs and increase the efficiency and efficacy of the fleet management\u00a0 activities<\/li>\n<\/ul>\n<p>With the information obtained, we\u2019ll elaborate a report that holds the overall status of the fleet management as well as the suggestions, recommendations and the measures to take in order to cut costs and optimize the fleet management activities.<\/p>\n<p>CLICK ON THE FOLLOWING LINK TO DOWNLOAD THE PROPOSED FLEET MANAGEMENT AUDIT:<\/p>\n<h2 style=\"text-align: center\"><a href=\"http:\/\/en.advancedfleetmanagementconsulting.com\/wp-content\/uploads\/2019\/07\/Fleet-Management-Audit-AFMC.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Fleet Management Audit AFMC<\/a><\/h2>\n","protected":false},"excerpt":{"rendered":"<p>When Should Drivers Be Disqualified from Driving Your Fleet Vehicles? Your small fleet\u00a0may not be\u00a0subject to\u00a0Federal Motor Carrier Safety Alliance (FMCSA)\u00a0safety regulations, and you might not\u00a0need\u00a0drivers with\u00a0commercial driver\u2019s licenses\u00a0(CDLs).\u00a0Yet when it comes to\u00a0setting rules regarding\u00a0behaviors that will disqualify\u00a0them\u00a0from operating your fleet vehicles,\u00a0FMCSA\u2019s driver disqualification criteria\u00a0is\u00a0a good place to start. Under FMCSA regulations, major offenses\u00a0that result&#8230;<\/p>\n","protected":false},"author":1,"featured_media":4578,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[278],"tags":[133],"_links":{"self":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts\/4672"}],"collection":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/comments?post=4672"}],"version-history":[{"count":0,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/posts\/4672\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/media\/4578"}],"wp:attachment":[{"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/media?parent=4672"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/categories?post=4672"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advancedfleetmanagementconsulting.com\/eng\/wp-json\/wp\/v2\/tags?post=4672"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}