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?
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| 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)? |
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| 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.
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| 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.
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| 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.
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| 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.
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| 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".
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| 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.
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| 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.
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| 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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