Frequently Asked Questions |
Transportation
01 How long must IRP and IFTA "operational records" be retained by the carrier?
02 Does an interstate vehicle weighing 26,000 pounds (or less) that has not been registered under the International Registration Plan (IRP) receive registration reciprocity when operating in other IRP jurisdictions?
03 What is a process agent?
04 Can hazardous materials labels or placards be oriented other than square—on—point?
05 When must a white—bottom COMBUSTIBLE placard be used to display an identification number?
06 What does "n.o.s." mean?
07 How often must a hazmat employee receive training?
08 Is the driver required to take a break during the 10 hours of driving?
09 Can a driver do non-driving work beyond the 60/70 hour limit?
10 Does a part-time job on a farm count as on-duty time?
11 Under what circumstances may a driver record meal stops as "off duty" time?
12 Is a separate daily duty status record required for each day off or each day of vacation?
13 Can a driver be cited under Federal regulations for exceeding state speed limits?
14 Is there a maximum number of hours a driver is allowed to be on duty in one calendar day?
15 Can a carrier assign some of his drivers to an 8 day period (70 hours on duty), and others to a 7 day period (60 hours on duty)?

1

Q. How long must IRP and IFTA "operational records" be retained by the carrier?

IRP requires apportioned carriers to keep any records on which the registration application is based, plus the records for the three prior registration reporting periods. IFTA requires records to be retained for a period of four years from the date of filing the tax report based upon the records.

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2

Q. Does an interstate vehicle weighing 26,000 pounds (or less) that has not been registered under the International Registration Plan (IRP) receive registration reciprocity when operating in other IRP jurisdictions?

Not in all cases. Interstate vehicles 26,000 pounds and lower are not required to register under the International Registration Plan (IRP) and obtain apportioned plates; however, such vehicles may be apportioned at the option of the registrant. Vehicles not apportioned are subject to the registration laws in each state where travel occurs. Some jurisdictions require a trip permit to be obtained before entering. Others allow the travel under reciprocity agreements.

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3

Q. What is a process agent

A process agent is a representative who receives legal service of documents in any proceeding brought against a motor carrier, broker, or freight forwarder. Every motor carrier, or forwarder registered with the Federal Highway Administration must list the name and address of an agent for each state. Brokers are required to list process agents in each state in which they have an office and in which they write contracts.

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4

Q. Can hazardous materials labels or placards be oriented other than square—on—point?

Although recommended when feasible, there is no requirement to orient a label square—on—point on a package. Some small packages are too small to permit square—on—point orientation and many packages may be transported in any of several orientations. In other instances labels may be attached to tags, rendering "square—on—point" meaningless. For placards, §172.516(c)(5) mandates a square—on—point orientation (words or identification numbers displayed horizontally).

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5

Q. When must a white—bottom COMBUSTIBLE placard be used to display an identification number?

It must be used during transportation by rail and may (permissive) be used during transportation by highway. [§172.332(c)(4)]

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6

Q. What does "n.o.s." mean?

"Not otherwise specified" (§171.8), which means the chemical is not listed by name in the Hazardous Materials Table, §172.101.

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7

Q. How often must a hazmat employee receive training?

Recurrent training is required at least once every three years.


8

Q: Is the driver required to take a break during the 10 hours of driving?

The Hours of Service Regulations (Part 395) do not contain any requirement for a break in driving time as such. But other parts of the federal safety regulations (e.g., 392.9, 397.17) require the driver to check the load, tires, etc. on a regular schedule which would thus require stops.

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9

Q: Can a driver do non-driving work beyond the 60/70 hour limit?

Yes, the driver can do non-driving work beyond the limit and not be in violation, but those hours must be added to the total.


10

Q: Does a part-time job on a farm count as on-duty time?

Yes, hours spent doing any compensated work for any nonmotor carrier must be counted as on-duty time.


11

Q: Under what circumstances may a driver record meal stops as "off duty" time?

The driver must have written instructions from his employer, received prior to his departure, relieving him of all duty and all responsibility for the vehicle and its cargo for a definite period of time sufficient to reduce fatigue, and the driver must be at liberty to pursue activities of his own choosing and to leave the premises on which the vehicle is situated.


12

Q: Is a separate daily duty status record required for each day off or each day of vacation?

Although a driver must account for each day of the month, it is permissible to show consecutive days off on a single duty status record sheet. An entire vacation can be shown on one sheet by drawing a line through the "off duty" category of the graph and noting in the "Remarks" portion the inclusive dates, i.e., "Vacation March 13 through March 26".


13

Q: Can a driver be cited under Federal regulations for exceeding state speed limits?

Yes! Federal statutes say that you must abide by state laws and regulations.


14

Q: Is there a maximum number of hours a driver is allowed to be on duty in one calendar day?

No! Although often the 15 hours of service rule is thought to be such a limitation, a driver can be on duty continuously for 24 hours or any number of hours in a row BUT after 15 hours of duty he must have 8 consecutive hours off duty before he can again drive a vehicle.


15

Q: Can a carrier assign some of his drivers to an 8 day period (70 hours on duty), and others to a 7 day period (60 hours on duty)?

Yes! If the carrier operates every day of the week, some drivers can be assigned to work on an 8 day basis, and some on a 7 day basis.



      




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