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Baja Express - Compliance Review 02/26/2013

UNITED STATES DEPARTMENT OF TRANSPORTATION

USDOT logo US DOT#
2194257X
Legal: BAJA EXPRESS TRANSPORTES SA DE CV
Operating (DBA):
MC/MX #: 777 490 RFC #: BET080926D31 Federal Tax ID:
Review Type: Compliance Review (CR)
Scope: Principal Office Location of Review/Audit: Company facility in the U.S. Territory: E
Operation Types Interstate Intrastate
Carrier: Non-HM N/A
Shipper: N/A N/A
Cargo Tank: N/A
Business: Corporation
Gross Revenue: $14,530.00         for year ending: 1/31/2013
Company Physical Address:
C ALFONSO VIDAL Y PLANAS 422 B-1
TIJUANA, BN 22500 MEXICO
Contact Name: CARLOS TIRADO VALDEZ
Phone numbers: (1) 664-255-5704 (2) 664-607-9738 Fax
E-Mail Address: baja.express@hotmail.com
Company Mailing Address:
9765 MARCONI DR STE 105
SAN DIEGO, CA 92154
Carrier Classification
Authorized for Hire
Cargo Classification
General Freight
Does carrier transport placardable quantities of HM? No
Is an HM Permit required? N/A
Driver Information
  Inter Intra
< 100 Miles:   1
>= 100 Miles:    
 
Average trip leased drivers/month:   0
Total Drivers:   1
CDL Drivers:   1
Equipment
  Owned Term Leased Trip Leased   Owned Term Leased Trip Leased
Truck 1 0 0      
Power units used in the U.S.: 1
Percentage of time used in the U.S.: 50


USDOT logo
BAJA EXPRESS TRANSPORTES SA DE CV
U.S. DOT #:2194257X RFC #: BET080926D31
Review Date:
02/26/2013
Part A
Questions about this report or the Federal Motor Carrier Safety or Hazardous Materials regulations may be addressed to the Federal Motor Carrier Safety Administration at:
 
  1. 2297 Niels Bohr Court, Suite 204
  2. San Diego (Otay Mesa), CA 92154
  3. Phone: (619)710-8400   Fax: (619)710-2804
This report will be used to assess your safety compliance.
Person(s) Interviewed
Name: CARLOS TIRADO VALDEZ   Title: PRESIDENT
Name:   Title:


USDOT logo
BAJA EXPRESS TRANSPORTES SA DE CV
U.S. DOT #:2194257X RFC #: BET080926D31
Review Date:
02/26/2013
Part B Violations
1
FEDERAL
Primary: 382.401(d) Discovered
1
Checked
1
Drivers/Vehicles
In Violation
0
Checked
0
Description
Failing to provide required records at the employer's principal place of business within two business days after a request has been made.
Example
DRIVER:
TRIP DATE: 08/03/2012.
MIS FOR CALENDAR 2012.
SEMI-ANNUAL STATISTICAL SUMMARIES FOR CALENDAR YEAR 2012.
2
FEDERAL
Primary: 391.21(a) Discovered
1
Checked
1
Drivers/Vehicles
In Violation
1
Checked
1
Description
Using a driver who has not completed and furnished an employment application.
Example
DRIVER:
TRIP DATE: 01/30/2013.
3
FEDERAL
Primary: 392.9a(a)(2) Discovered
1
Checked
1
Drivers/Vehicles
In Violation
1
Checked
1
Description
Operating beyond the scope of the operating authority granted.
Example
DRIVER:
TRIP DATE: 08/03/2012.
HOUSEHOLD GOODS.
FROM TIJUANA, B.C., MEXICO TO OAKLAND, CA.
REQUIRED AUTHORITY: HOUSEHOLD GOODS.
4
FEDERAL
Primary: 396.3(b)(2) Discovered
1
Checked
1
Drivers/Vehicles
In Violation
1
Checked
1
Description
Failing to have a means of indicating the nature and due date of the various inspection and maintenance operations to be performed.
Example
DRIVER:
TRIP DATE: 01/14/2013.
VEHICLE: CA-6273844
5
FEDERAL
Primary: 396.9(d)(3) Discovered
2
Checked
6
Drivers/Vehicles
In Violation
1
Checked
1
Description
Failing to maintain completed inspection form for 12 months from the date of inspection at the carrier's principal place of business. Example
DRIVER:
TRIP DATE: 01/03/2013.
AGENCY: USDOT/FMCSA.
VEHICLE: CA-6Z73844.

 

USDOT logo
BAJA EXPRESS TRANSPORTES SA DE CV
U.S. DOT #:2194257X RFC #: BET080926D31
Review Date:
02/26/2013
Safety Fitness Rating Information:
Total Miles Operated 8,487
Recordable Accidents 0
Recordable Accidents/Million Miles 0.00
OOS Vehicle (CR): 0
Number of Vehicle Inspected (CR): 0
OOS Vehicle (MCMIS): 0
Number of Vehicles Inspected (MCMIS): 3
Your proposed safety rating is :

SATISFACTORY

Rating Factors         Acute Critical
Factor 1: S 0 0
Factor 2: S 0 0
Factor 3: S 0 0
Factor 4: S 0 0
Factor 5: N 0 0
Factor 6: S - -

Corrective actions must be taken for any violations (deficiencies) identified on Part B of this report.


USDOT logo
BAJA EXPRESS TRANSPORTES SA DE CV
U.S. DOT #:2194257X RFC #: BET080926D31
Review Date:
02/26/2013
Part B Requirements and/or Recommendations
  1. If you have any questions concerning this report, please contact the Federal Motor Carrier Safety Administration, at Niels Bohr Ct., Suite 204, San Diego, CA 92154 and contact Jose Tello at 619-710-8435.

  2. This review will result in a Safety Rating.

  3. Notice: A pattern of and/or repeated violations of the same or related acute or critical regulations will cause the maximum penalties allowed by law to be assessed under Section 222 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). A pattern of violations means two or more violations of acute and/or critical regulations in three or more Parts of Title 49, Code of Federal Regulations discovered during any eligible investigation. Repeated violations means violation{s) of an acute regulation of the same Part of Title 49, Code of Federal Regulations discovered in an investigation after one or more closed enforcement actions within a six year period and/or violation(s) of a critical regulation in the same Part of Title 49, Code of Federal Regulations discovered in an investigation after two or more closed enforcement actions within a six year period.

  4. Conduct periodic internal reviews of your driver qualification, hours of service control, maintenance, accident analysis/reporting, training, and other safety systems to ensure continued compliance with the FMCSR.

  5. A complete Educational and Technical Assistance package entitled "A MOTOR CARRIER'S GUIDE TO IMPROVING HIGHWAY SAFETY" is available free on the FMCSA website to assist you in complying with the safety regulations. It contains many forms and documents useful for improving the safety of your operations. Check: www.fmcsa.dot.gov/factsfigs/eta/index. html.

  6. For questions about DOT numbers or biennial updates: 800-832-5660 or 703-280-4001
    For questions about licensing, authority or MC numbers: 202-366-9805
    For questions about insurance: 202-385-2423
    For household goods complaints: 888-DOT-SAFT (888-368-7238)

  7. The Division Administrator/State Director will continue to consider preventability when a motor carrier contests a proposed safety fitness rating. The motor carrier may deem that the recordable accident rate is not a fair means of evaluating its accident factor 6 on the Compliance Review. If so the motor carrier must submit the compelling evidence within five calendar days to:
    Terry Wolf
    1325 J Street Suite 1540
    Sacramento, CA. 95814
    Compelling evidence should include (but is not limited to) official police accident reports and official insurance accident investigation reports.

  8. Notice: On October 1, 2005, the FMCSA published a final rule revising the hours of service regulations for commercial motor vehicle drivers. Under the new rule, driver may drive 11 hours after 10 consecutive hours off-duty, but may not drive beyond the 14th hour after coming on-duty. Similar to existing rules, drivers may not drive after being on-duty for 60 hours in a seven-consecutive-day period or 70 hours in an eight-consecutive-day-period. This on-duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off-duty. A short haul provision was also added allowing drivers of property carrying CMV's which do not require a Commercial Driver's License for operation and who operate within a 150 air mile radius of their normal work reporting location are not required to keep records of duty status (RODS).

    Carriers and commercial motor vehicle drivers are required to comply with the current hours-of-service rules through September 30, 2005. Compliance with the "new" regulations is mandatory for carriers, except passenger-carrying operations, beginning on October 1, 2005. Passenger-carrying motor carriers and drivers are not subject to the new maximum driving limits. For more information on these regulations, please access the FMCSA website at http://www.fmcsa.dot.gov/.

  9. All motor carriers and truck drivers are needed to fight against terrorism and hijacking. You could be a target. Protect yourself, your trucks, your cargo, and your facilities.

    Discuss with your employees/drivers the "Security Measures for Truck Drivers and Companies" which were provided and reviewed with motor carrier official.

  10. This report contains citations of regulations that are deemed serious in nature and could result in penalties against your company and/or your drivers.

  11. Ensure that all drivers are fully and properly qualified before operating in interstate commerce. Maintain a complete file as required for each driver, documenting the qualification process.

  12. Laboratory must transmit aggregate statistical summary on semi-annual basis.

  13. Ensure you have a means of indicating the nature and due date of the various inspection and maintenance operations to be performed.

  14. Return the completed roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier's principal place of business or where the vehicle is housed for 12 months from the date of the inspection.

    • Understand Why Compliance Saves Time and Money: Compliance with FMCSRs will not only save lives, but also saves your business time and money. Tracking how much your business spends on non-compliance activities can help you understand the many benefits of compliance to your business and why safety is good business.

    • Document and Follow Through on Action Plans: Document and follow through on action plans to ensure the actions you are taking are creating improvement in safety management and compliance.

    • NOTICE: A pattern and/or repeated violations of the same or related acute or critical regulations (violations of the same Part in Title 49, Code of Federal Regulations) will cause the maximum penalties allowed by law to be assessed under Section 222 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA}. A pattern of violations means two or more violations of acute and/or critical regulations in three or more Parts of Title 49, Code of Federal Regulations discovered during any eligible investigation. Repeated violations means violation(s} of an acute regulation of the same Part of Title 49, Code of Federal Regulations discovered in an investigation after one or more closed enforcement actions within a six year period and/or violation(s) of a critical regulation in the same Part of Title 49, Code of Federal Regulations discovered in an investigation after two or more closed enforcement actions within a six year period.

    • NOTICE: 49 CFR Part 391.23 requires prospective employers to, at a minimum, investigate a driver's employment information, crash record, and alcohol and controlled substances history from all employers the driver worked for within the previous 3 years.

      The Pre-Employment Screening Program (PSP) is a screening tool that assists motor carriers in investigating crash history and roadside safety performance of prospective drivers. The PSP allows motor carriers to purchase 5 years of crash data and 3 years of roadside inspection data from the Federal Motor Carrier Safety Administration's (FMCSA) Motor Carrier Management Information System (MCMIS). Records are available 24 hours a day via Web request. Motor carriers should visit the following website for more information:
      http://www.psp.fmcsa.dot.gov/Pages/default.aspx

    • All motor carriers and truck drivers are needed to fight against terrorism and hijacking. You could be a target. Protect yourself, your trucks, your cargo, and your facilities. Discuss with your employees/drivers the "Security Measures for Truck Drivers and Companies" which were provided and reviewed with motor carrier official. Motor carriers should visit the following website for more information:
      http://www.fmcsa.dot.gov/documents/Hijacking-Brochure.pdf

  15. PLEASE NOTE: The violations discovered during this compliance review may affect the civil penalty proposed in any subsequent Notice of Claim. In addition, your history of prior violations of the Federal Motor Carrier Safety Regulations, Federal Hazardous Material Regulations or the Federal Motor Carrier Commercial Regulations may also affect the civil penalty proposed in any subsequent Notice of Claim. Your signature for receipt of this report acknowledges your understanding that the violations discovered by the FMCSA during this review may be used to calculate any civil penalty proposed as a result of this review. Your signature is not an admission of the violations identified.

    Attached to this report is Table 1, which identifies all the documented violations which were discovered during the course of this review.

  16. Serious violations were recorded on this investigation report. These violations will impact your safety record. Furthermore, these violations may result in a follow-up investigation at a later date unless adequate evidence of corrective action is forwarded to our office:

    Terry D. Wolf, Division Administrator
    Federal Motor Carrier Safety Administration
    1325 J Street, Suite 1540
    Sacramento, CA 95814

  17. Do not operate beyond the scope of the authority granted.


USDOT logo
BAJA EXPRESS TRANSPORTES SA DE CV
U.S. DOT #:2194257X RFC #: BET080926D31
Review Date:
02/26/2013
Safety Fitness Rating Explanation
This report lists the facts which were used to determine the Safety Fitness Rating for the above motor carrier. Federal and State violations are combined for rating purposes. However, only the federal or federal equivalent section number is shown below. A check mark identifies the range within which the data fell when determining the Safety Fitness Rating. All information within a FACTOR block relates only to that FACTOR.
Factor 1
VIOLATIONS AFFECTING RATING
NONE
General (CFR Parts 387, 390)
POINTS
----------------
TOTAL POINTS: 0 = SATISFACTORY
ü 0 Point = Satisfactory
1 Point = Conditional
>1 Point = Unsatisfactory
Factor 2
VIOLATIONS AFFECTING RATING
NONE
Driver Qualification (CFR Parts 382, 383, 391)
POINTS
----------------
TOTAL POINTS: 0 = SATISFACTORY
ü 0 Point = Satisfactory
1 Point = Conditional
>1 Point = Unsatisfactory
Factor 3
VIOLATIONS AFFECTING RATING
NONE
Operational/Driving (CFR Parts 392, 395)
POINTS
----------------
TOTAL POINTS: 0 = SATISFACTORY
ü 0 Point = Satisfactory
1 Point = Conditional
>1 Point = Unsatisfactory
Factor 4
VIOLATIONS AFFECTING RATING
NONE
Vehicle/Maintenance (CFR Parts 393, 396, Performance Data (OOS%))
POINTS
----------------
TOTAL POINTS: 0 & 0.0% OOS = SATISFACTORY (see chart)
Out-of-Service (OOS) Percentage: 0.0
Fewer than 3 Inspections 3 or more Inspections
Rate same as other Regulatory Factors 1, 2, and 3
0 Point = Satisfactory
1 Point = Conditional
>1 Point = Unsatisfactory
OOS Less than 34% OOS 34% or Higher
üSatisfactory Conditional
Conditional
If a pattern of Non-Compliance with a Critical or an Acute Violation
Unsatisfactory
If a pattern of Non-Compliance with a Critical or an Acute Violation
Factor 5
Not Applicable - Not a carrier of Hazardous Material
NONE
Hazardous Material (CFR Parts 397, 171, 172, 173, 177, 180)
Factor 6 Accident (Recordable Accident Rate)
( ( Recordable Accidents) X (1 million) )
(Total Miles) = Rate
(0 X 1,000,000) + 8,487 = 0 =SATISFACTORY
TOTAL POINTS: 0 = SATISFACTORY
ACCIDENT RATE FACTOR RATING
ü 0.000- 1.500 = Satisfactory
>1.500 = Unsatisfactory
OVERALL SAFETY FITNESS RATING
Number of Factors (1-6) shown above as less than satisfactory
Unsatifactory
0
Conditional
0
= Satisfactory

Updated: Monday, March 31, 2014