Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Brought to you by Idealsafe 402-474-4166 Website: http://www.idealease.com/ Friday Safety Brief June 17, 2005 Is My Operation Subject to State or Federal Rules? That depends upon the particular movement. If it is truly within a state, and not part of a movement that either begins or ends outside the state, then it is “intrastate” (within a state) and the movement would be subject to state rules. Notice number (b)(3) in the definition below. Interstate commerce means trade, traffic, or transportation in the United States -(b)(1) Between a place in a State and a place outside of such State (including a place outside of the United States); (b)(2) Between two places in a State through another State or a place outside of the United States; or (b)(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. Federal vs. State Regulations Intrastate commerce means any trade, traffic, or transportation in any State, which is not described Some states have adopted the Federal Safety Regulations, either in part or in in the term "interstate commerce”. whole, or, they have similar rules. Some of the states adopted the rules, but at a Interpretation: Question 6: How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSR’s? Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper's fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSR’s. different Gross Vehicle Weight Rating or Gross Vehicle Weight. Some have changed the rules somewhat, as in driver age requirements. All states must comply with the Commercial Driver License and Drug/Alcohol rules. If your state adopted the Federal rules, without change, and you operate wholly within your state, you would be subject to most of the rules if you operate commercial vehicles with a GVWR of 10,001 lbs. or more. If you operate vehicles of 26,001 lbs or more, you would also be subject to the CDL and drug/alcohol testing rules. Some states adopted the Federal Safety Regulations on a particular date “with subsequent changes”. Other states adopted the rules as they were on the date of adoption. In those cases, the state usually adopts the rules every year, in order to keep them up to date with changes. Some states have different exemptions, such as “farm” exemptions. If you operate commercial vehicles in “intrastate” (wholly within a state), check with your State’s commercial vehicle officials to obtain a copy of the state rules. In addition, some companies operate in both interstate and intrastate commerce. If this pertains to your operation, you will benefit from the interpretation in section 390.3 pertaining to “State vs. Federal” jurisdiction. You will find that information in the “Interpretations” section of the regulations, under “Editors Note” (about half way down the page) at the following link: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/interp390.3.htm An example of an interstate movement, subject to Federal regulations, might be a shipment originating in one state, transported by a truck line to the destination state but brought to a dock or warehouse temporarily, then picked up by another carrier at that point and delivered to the intended consignee. In this case, the shipment originated out of state and was actually destined for a particular consignee in another state, with only a temporary stop en-route. On the other hand, that same load of freight might have been destined for the warehouse, with no other consignee yet. Subsequently, the freight might be sold, for example, to someone within the state. A truck line would pick up the load at the warehouse (the new origin) and deliver it within the state. This would be an “intrastate” movement and would be subject to state rules. Put Some “Teeth” in your Safety Program! Company policies are taken seriously, if employees know that the policies are not only supported, but also mandated by top management. That’s the purpose behind a “Safety Policy Statement”. A good safety policy should outline management’s position and intentions, regarding the company safety program. The industry standard has been that, while management should develop their own policy, the safety program should include at least four principles: (1) safety of the public and employees is paramount, (2) safety must take precedence over expediency and/or short cuts, (3) the company intends to comply with all Federal, State and local laws and regulations, and (4) every effort will be made to reduce the possibility of accidents. In addition, employees must know that management fully supports the policy. This publication is provided for information purposes only and is not intended as a complete or exhaustive source of compliance or safety information. This “Safety Brief” is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.