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How to keep DQ files audit-ready
How to keep DQ files audit-ready

Yahoo

time3 days ago

  • Automotive
  • Yahoo

How to keep DQ files audit-ready

Qualifying drivers requires navigating complex Federal Motor Carrier Safety Regulations (FMCSRs). Doing this correctly is critical, as non-compliant driver qualification files can result in substantial audit fines and serve as a basis for negligence claims in post-crash litigation. Maintaining audit-ready DQ files isn't just about regulatory compliance—it's essential for protecting your business from financial and reputational damage. Since COVID restrictions have been lifted, FMCSA has prioritized face-to-face audits. After almost two years of increased remote evaluations, on-site screenings have skyrocketed. These comprehensive audits have more than doubled, jumping from nearly 2,000 in 2020 to over 4,400 in 2024. Additionally, FMCSA has increased record-keeping penalties to $1,544 per day, with a maximum penalty of $15,445. This shift is important for carriers to be aware of, as onsite audits are typically more thorough and detailed. Some violations detected during audits are so severe that even a single instance requires immediate corrective action. According to FMCSA's Analysis and Information Online, the most common acute violations regarding driver qualification include: Using a driver with a suspended CDL, disqualified status or multiple CDLs Allowing a driver with more than one CDL to operate a CMV Driving a CMV while disqualified Using an unqualified driver showing as Prohibited on the MVR Using a physically unqualified driver While these acute violations require immediate and specific action, critical violations represent broader issues with the company's recordkeeping and compliance efforts. These violations can add up to create liability issues and downgraded safety ratings. Common critical violations include: Driver applications that are missing, incomplete or non-compliant Lacking documentation of safety performance history from all DOT-regulated employers from the previous three years Motor vehicle records (MVRs) showing drivers not properly licensed for assigned vehicles (wrong class, missing endorsements, restricted/suspended/revoked licenses) When accidents happen, plaintiff attorneys will immediately look into the involved company's safety record. Hiring drivers with questionable safety histories or failing to follow FMCSRs will become the focus of litigation, stacking the deck against the carrier. In order to avoid this outcome, carriers must fulfill their duty to employ qualified and safe drivers. The American Transportation Research Institute's 2022 study, 'Understanding the Impact of Nuclear Verdicts on the Trucking Industry,' found that both defense and plaintiffs' attorneys agree on three key factors for protecting carriers from nuclear verdicts: Crash avoidance is paramount, meeting and exceeding regulations is essential and strict adherence to company policies is critical. 'Don't make it easy for plaintiff's attorneys. They are experts in every aspect of DQ files or they hire experts to find inconsistent execution of policies or blatant non-compliance. Carriers need their own experts to stay defendable,' says Mark Schedler, J. J. Keller's Senior Editor of Transport Management. Headline-making crashes can severely damage a company's reputation and ability to secure future business. Details about what contributed to a crash often become public knowledge. Media coverage of poor hiring practices can result in customers losing trust and wanting to avoid vicarious liability, including being sued because of a carrier's crash while hauling their goods. A comprehensive DQ Checklist should focus on keeping only FMCSA-required driver qualification documents in the file whenever possible. Files are easier to audit when they contain only necessary documentation. Non-required or 'nice to have' documents only add clutter and should be stored elsewhere with appropriate security protocols. 'Nice to have' documents include qualification checklists, documents certifying the driver agrees to follow certain rules, statements of on-duty time and training records for non-required training. While these documents may provide additional information, they should be stored separately from the official DQ file to maintain clarity and compliance focus. 'I am a backpacker with 25 plus years of experience who goes into the wilderness with everything I need to stay safe. I use a checklist for every trip, and I recommend that carriers do the same for every DQ file,' noted Schedler. This checklist created by J. J. Keller includes permanent FMCSA-required items for all drivers, recurring items and those applicable only to drivers operating vehicles requiring a CDL, as well as optional best practices. 'If you are looking at using a third-party expert, J. J. Keller's Managed Services team has an over 160-item checklist that they use to keep DQ files audit ready. That goes a long way to staying defendable,' according to Schedler. While FMCSA allows an acquiring company to accept DQ files from the acquired company, a company won't know what violations they are inheriting without conducting a full audit of these files. Missing or incomplete records could also lead to penalties or legal consequences. The acquiring company assumes responsibility for any deficiencies—even if the violations occurred under previous ownership. Being unaware of compliance gaps creates significant risk if an unqualified driver operates a CMV and becomes involved in a crash, regardless of fault. When moving employees from warehouse or other non-DOT regulated positions to CMV driving roles, companies often miss critical requirements like obtaining a DOT-compliant application per 391.21. These oversights can lead to serious violations and potential liability. Drivers with breaks in employment require new DQ files with updated documentation, though some existing documents may be reused. Carriers must accurately determine whether a driver is a rehire or simply returning from extended time off to ensure proper documentation is maintained. By understanding these common risk scenarios and implementing thorough checklist procedures, carriers can maintain audit-ready DQ files that not only satisfy regulatory requirements but also provide protection against costly fines, litigation and reputational damage. Investing in proper driver qualification management today prevents significant problems tomorrow. The post How to keep DQ files audit-ready appeared first on FreightWaves.

Report finds repeal of truck tax would mean fewer crashes
Report finds repeal of truck tax would mean fewer crashes

Yahoo

time30-04-2025

  • Automotive
  • Yahoo

Report finds repeal of truck tax would mean fewer crashes

WASHINGTON — New research by the American Transportation Research Institute (ATRI) has linked repealing the 12% federal excise tax (FET) on new trucks and truck equipment to a significant reduction in crashes and, as a result, significant cost savings. In its report released on Wednesday, ATRI, the research arm of the American Trucking Associations, found that the accelerated replacement of old trucks with new ones spurred by repealing the tax would reduce the cost of advanced driver assistance systems (ADAS). The resulting increase in the number of trucks operating with such equipment on board would prevent 750 crashes per year and save nearly $13.5 billion in crash costs over 10 years, ATRI estimated. 'Truck prices clearly impact annual sales for our dealers, and reduce our customers' ability to add new equipment to their fleet,' commented Jacqueline Gelb, president of the American Truck Dealers, in an ATRI press release. 'This report greatly reinforces one of the key justifications for repealing the FET on new trucks by quantifying the real-world benefits a repeal will have on the environment and highway safety.' Eliminating the truck FET has been an ongoing priority for ATA, and the association has been pushing lawmakers to enact legislation supporting it. Bipartisan legislation was reintroduced in March to repeal it. The tax, which has been in place since 1917 to help raise revenue during World War I, applies to the first retail sale of a new truck or trailer. Depending on the truck and trailer type, the tax can add over $40,000 to the price of a new tractor-trailer. 'Such a cost will ultimately influence purchase decisions, and some potential new truck buyers will choose alternatives,' the ATRI report states, including buying used trucks or operating existing trucks longer before replacing them. 'It is generally understood that newer trucks have more fuel-efficient engines, lower repair and maintenance costs, and are more likely to have the latest advanced safety systems. New trucks also do not have the performance-degrading 'wear and tear' that will inevitably occur after several hundred thousand miles of driving.' ATRI estimated that increased demand for newer, cleaner trucks that would result from repealing the FET would decrease carbon emissions at an accelerated rate, with annual reductions of 1.2 million metric tons of carbon dioxide over current truck purchases. Road congestion cost trucking $108.8B in 2022 Truck speeds continue to decline at nation's biggest highway bottlenecks Top 10 trucking policies likely to be affected by Trump's return Click for more FreightWaves articles by John Gallagher. The post Report finds repeal of truck tax would mean fewer crashes appeared first on FreightWaves.

New ATRI Research Quantifies the Environmental and Safety Benefits of Repealing the Federal Excise Tax on New Trucks
New ATRI Research Quantifies the Environmental and Safety Benefits of Repealing the Federal Excise Tax on New Trucks

Malaysian Reserve

time30-04-2025

  • Automotive
  • Malaysian Reserve

New ATRI Research Quantifies the Environmental and Safety Benefits of Repealing the Federal Excise Tax on New Trucks

WASHINGTON, April 30, 2025 /PRNewswire/ — The American Transportation Research Institute (ATRI) today released research that highlights real-world environmental and safety benefits that could accrue from a repeal of the 12 percent federal excise tax (FET) on new trucks and trucking equipment. A World War 1 era tax, the Truck FET has long been an issue for buyers of new trucks. The tax currently adds an additional $20,000 to more than $50,000 to the cost of each new truck purchased, thus acting as a strong deterrent to new truck and trailer sales. This new research first estimates the age and annual mileage of the entire Class 8 truck population in the U.S., offering unique insight into the influence of older trucks on industry-wide environmental and safety metrics. The research then illustrates how removing the 12 percent Truck FET can accelerate the replacement of older trucks. From an environmental perspective ATRI found that, as a Truck FET repeal increases demand for new vehicles, industry CO2 emissions will decrease at an accelerated rate. Each year as the industry adds newer, cleaner diesel vehicles to the fleet, emissions will be reduced annually by 1.2 million metric tons of CO2 over current truck purchases with the Truck FET in place. This equated to cumulative savings of nearly 66 million metric tons of CO2 over a 10-year period. Safety was also shown to benefit from a Truck FET repeal. The accelerated replacement of older trucks reduces the cost of safety technologies, thus adding more Advanced Driver-Assistance Systems (ADAS) equipment to the industry, preventing nearly 750 crashes per year and saving nearly $13.5 billion in crash costs over 10 years. Finally, the report outlines key reasons why the Truck FET does not function well as a funding mechanism for the Highway Trust Fund, documenting the revenue volatility due to annual fluctuations in new truck sales, as well as the limited number of highway users that pay the tax in any given year. The research then calculates how the FET revenue can be replaced. 'Truck prices clearly impact annual sales for our dealers, and reduce our customers' ability to add new equipment to their fleet. This report greatly reinforces one of the key justifications for repealing the FET on new trucks by quantifying the real-world benefits a repeal will have on the environment and highway safety,' said Jacqueline Gelb, President of the American Truck Dealers. A copy of the full report is available on ATRI's website here. ATRI is the trucking industry's 501c3 not-for-profit research organization. It is engaged in critical research relating to freight transportation's essential role in maintaining a safe, secure, and efficient transportation system.

Nashville is home to some of the worst bottlenecks in the U.S. See where
Nashville is home to some of the worst bottlenecks in the U.S. See where

Yahoo

time19-04-2025

  • Automotive
  • Yahoo

Nashville is home to some of the worst bottlenecks in the U.S. See where

NASHVILLE, Tenn. (WKRN) — Nashville is home to several of the country's most congested bottlenecks, according to a new study. A report by the American Transportation Research Institute revealed that seven locations in the Volunteer State are in the top 100 for some of the worst truck bottlenecks. The ATRI reportedly compiled the list by measuring the level of congestion involving trucks at more than 325 locations across the national highway system. According to the report, the company used freight truck GPS data and several 'customized software applications and analysis methods' to locate the worst traffic in the nation. Large stretch of Bell Road to be repaved and repaired Nashvillians may find that it comes at no surprise that several of the state's bottlenecks are located right in Music City. Coming in at No. 5 in the nation, the merge of I-24, I-40 and I-440. The study found that the peak average speed in the area only reaches up to about 27 miles per hour. However, that's almost a 4% change in peak average speed from the year before. Backups at the merge last from approximately 4 p.m. to 7 p.m., according to the report. During that time, drivers travel at speeds just below 20 miles per hour. A short distance away, the stretch of I-40 at I-65 through the downtown area ranked as the 16th worst bottleneck location in the U.S. | READ MORE | I-40 at I-65 East typically sees backups begin at 3 p.m. and last until 6 p.m. The average peak speed during those times reach up to 31 miles per hour, according to ATRI data. Meanwhile, on the north side, the I-65 at I-24 merge was named as the 53rd worst bottleneck area in the country. Speeds reportedly drop down to just below 30 miles per hour between 7 a.m. to 9 a.m. No. 5: I-24/I-40 at I-440 East in Nashville No. 16: I-40 at I-65 East No. 28: I-75 at I-24 in Chattanooga No. 44: I-40/I-75 at I-140 in Knoxville No. 53: I-65 at I-24 in Nashville No. 56: I-24 at US 27 in Chattanooga No. 68: I-40 at I-275 in Knoxville ⏩ Fort Lee, New Jersey is home to the most congested bottleneck location in America followed by Chicago, Houston and Atlanta. To view the full list of the top 100 truck bottlenecks, click here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Ongoing MVR monitoring could help carriers avoid big risks
Ongoing MVR monitoring could help carriers avoid big risks

Yahoo

time25-03-2025

  • Automotive
  • Yahoo

Ongoing MVR monitoring could help carriers avoid big risks

Trucking can be a risky business. A carrier's profitability depends largely on the state of the wider economic market, which can be impacted by everything from natural disasters to legislation changes. There are steps trucking companies can take to safeguard their operations despite outside unpredictability, however. For example, carriers can create a regular practice of reviewing their drivers' driver motor vehicle records (MVR) in order to flag any issues early and sidestep potential pitfalls in the future. Outside of pre-hire background checks, carriers are only federally mandated to review these MVRs once a year. Doing the bare minimum, however, creates an environment that makes it easy for issues to fall through the cracks. The consequences of this can range from costly fines to financially devastating litigation. 'Every day that a disqualified driver operates a CMV is like waiting for a bomb to explode. If the driver is in a crash, the carrier will pay regardless of whether they were at fault. The driver shouldn't have been there,' according to J. J. Keller Sr. Transport Management Editor, Mark Schedler. It is important to note that the American Transportation Research Institute's (ATRI) 2022 update of the Crash Predictor study establishes the increased risk of DOT accidents if MVR violations are left unaddressed. Some of these most risky events are, unfortunately, also on 2024's top roadside driver violations. The riskiest violations include: A Failure to Yield Right-of-Way violation (141 percent risk increase) A Failure to Use / Improper Signal conviction (116 percent risk increase) A past crash (113 percent risk increase) A Reckless Driving violation (104 percent risk increase) A Failure to Obey Traffic Sign conviction (85 percent risk increase) When drivers with existing unaddressed violations or disqualifications make these driving errors and are involved in an accident, the carrier can be held liable based on a negligent supervision claim. This all but guarantees a tough day in court. 'Reacting to driver violations when they show up on the annual MVR and delaying the correction of unsafe behavior almost guarantees an excessive verdict due to negligent supervision if those drivers are in a crash,' said Schedler. More frequent MVR checks allow carriers to identify and address driver violations or license status changes much sooner. This enables quicker intervention and remediation before issues escalate. Additionally, many insurers offer discounts to carriers who conduct more frequent MVR monitoring. Monitoring gives carriers an improved risk profile and signals a proactive safety stance that can translate to lower premiums. Companies can proactively monitor MVRs more frequently on their own using a third-party system, such as J. J. Keller's Encompass® Fleet Safety & Compliance System, which makes the process easier and often more reliable. 'Two things are usually true in trucking: Bad things happen in the 365 days between MVR checks, and drivers don't always report those bad things (warnings, violations and suspensions) when required,' Schedler added. 'Avoid the increased risk and potential liability of pulling MVRs once per year and reap the benefits from using an expert third party ongoing monitoring service.' Carriers can access a plethora of benefits by relying on a system like J. J. Keller's Encompass: Timely notification of changes to MVRs like expired CDL medical certifications, administrative suspensions due to failure to pay child support and loss of driving privileges due to exceeding licensing agency point totals Improve driver retention by delivering coaching and other remedial actions in a timely manner so they never reach the point where termination is the only option Promote safer driving behaviors by identifying and mitigating potential risks promptly, reducing the likelihood of accidents. Protect Unsafe Driving BASIC scores by helping carriers to remove unsafe drivers from the road fast. Automate the process of tracking and managing driver records, saving time and resources. As technology continues to evolve, the trend towards more frequent driver monitoring is likely to accelerate. Forward-thinking carriers that embrace these tools and practices now will be well-positioned to build safer, more efficient fleets in the years to come. The future of fleet safety isn't just about reacting to incidents, it's about predicting and preventing them. More frequent MVR monitoring is a key step towards that proactive approach. By moving beyond the minimum annual MVR check requirement, carriers can create a culture of continuous improvement, reduce their risk exposure and save lives on the road. The initial investment in more frequent monitoring pays dividends in enhanced safety, compliance and operational efficiency. The post Ongoing MVR monitoring could help carriers avoid big risks appeared first on FreightWaves.

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