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Grupo Behr De Baja California SA De CV - Compliance Review 07/30/2013

UNITED STATES DEPARTMENT OF TRANSPORTATION
USDOT logoUS DOT# 861744XLegal: GRUPO BEHR DE BAJA CALIFORNIA SA DE CV
Operating (DBA):
MC/MX #: 630115RFC #: GBB971008165Federal Tax ID:Application Tracking #
Review Type: Compliance Review (CR)
Scope: Principal OfficeLocation of Review/Audit: Company facility in another countryTerritory: E
Operation TypesInterstateIntrastate
Carrier:Non-HMN/A
Shipper:N/AN/A
Cargo Tank:N/A
Business: Corporation
Gross Revenue: $593,024.00         for year ending: 12/31/2012
Company Physical Address:
BLVD BELLAS ARTES #17686-116
Tijuana, BN 22509 MEXICO
Contact Name: Roberto Garcia De Leon Quiros
Phone numbers: (1) (664) 647-5501(2) (619) 843-2751Fax
E-Mail Address: robertogarcia@grupologix.com
Company Mailing Address:
2498 Roll Dr PMB 506
San Diego, CA 92154
Carrier Classification
Authorize for Hire
Cargo Classification
General Freight
Does carrier transport placardable quantities of HM?No
Is an HM Permit required?N/A
Driver Information
 InterIntra
< 100 Miles:    3
> = 100 Miles:  3 
 
Average trip leased drivers/month: 0
Total Drivers: 6
CDL Drivers: 6
Equipment
 OwnedTerm LeasedTrip Leased OwnedTerm LeasedTrip Leased
Truck500Truck Tractor300
Trailer300    
Power units used in the U.S.: 8
Percentage of time used in the U.S.: 90


USDOT logo
GRUPO BEHR DE BAJA CALIFORNIA SA DE CV
 RFC #: GBB971008165
Review Date:
07/30/2013
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: Roberto Garcia De Leon Quiros Title: Vice President
Name:  Title:


Part B Violations
  1. FEDERAL
    • Primary: 382.401 (c)(6)
    • Discovered: 2
    • Checked: 2
    • Drivers/Vehicles in Violation: 0
    • Drivers/Vehicles Checked: 0
    • Description: Failing to maintain semi-annual laboratory statistical summaries of urinalysis required by 40.29(g)(6).
    • Example: Driver: , Trip date: 11/26/2012, January to June 2012 , July to December 2012.
  2. FEDERAL
    • Primary: 391.21(a)
    • Discovered: 5
    • Checked: 5
    • Drivers/Vehicles in Violation: 5
    • Drivers/Vehicles Checked: 5
    • Description: Using a driver who has not completed and furnished an employment application.
    • Example: Driver: , Trip date: 07/05/2013.
  3. FEDERAL
    • Primary: 395.8(a)
    • Discovered: 7
    • Checked: 150
    • Drivers/Vehicles in Violation: 4
    • Drivers/Vehicles Checked: 5
    • Description: Failing to require driver to make a record of duty status.
    • Example: Driver: , Trip date: 04/25/2013.
  4. FEDERAL
    • Primary: 395.8(f)
    • Discovered: 2
    • Checked: 5
    • Drivers/Vehicles in Violation: 1
    • Drivers/Vehicles Checked: 2
    • Description: Failing to require driver to prepare record of duty status in form and manner presribed.
    • Example: Driver: , Trip date: 04/23/2013.
  5. FEDERAL
    • Primary: 396.3(b)(2)
    • Discovered: 5
    • Checked: 5
    • Drivers/Vehicles in Violation: 5
    • Drivers/Vehicles Checked: 5
    • 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: 05/24/2013, Vehicle: CA-9E58457.
  6. FEDERAL
    • Primary: 396.9(d)(3)
    • Discovered: 36
    • Checked: 68
    • Drivers/Vehicles in Violation: 0
    • Drivers/Vehicles Checked: 0
    • 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: 07/27/2012, Vehicle: CA-9E58457, Issuing Agency: CA Highway Patrol.
Part B Violations

Safety Fitness Rating Information:

  • Total Miles Operated 42,000
  • Recordable Accidents 1
  • Recordable Accidents/Million Miles 23.81
  • OOS Vehicle (CR): 0
  • Number of Vehicle Inspected (CR): 0
  • OOS Vehicle (MCMIS): 1
  • Number of Vehicles Inspected (MCMIS): 5
Your proposed safety rating is:
  • SATISFACTORY
Rating Factors AcuteCritical
Factor 1:S00
Factor 2:S00
Factor 3:S00
Factor 4:S00
Factor 5:N00
Factor 6:S--

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

USDOT logo
GRUPO BEHR DE BAJA CALIFORNIA SA DE CV
US DOT #: 7799732RFC #: GBB971008165
Review Date:
07/30/2013
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. 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.
     
  4. 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)
     
  5. The Division Administrator 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:

    Amy Hope
    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.

  6. Notice: Recurring violations of the same or related acute or critical regulations (violations of the same Part in Title 49, Code of Federal Regulations) that result in three enforcement actions within a six year period will cause the maximum penalties allowed by law to be assessed for the third enforcement action.
  7. 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.

  8. 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.
  9. Ensure you have a means of indicating the nature and due date of the various inspection and maintenance operations to be performed.
  10. 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 1O 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/.

  11. Require drivers to prepare records of duty status in the form and manner prescribed under part 395.8(f).
  12. If you want some drivers to use the 100 air-mile radius exemption, make sure that the drivers meet all terms of the exemption, including being released from duty no more than 12 hours from when they report for duty. Logs must be prepared if a driver does not meet the 12 hour requirement.
  13. Laboratory must transmit aggregate statistical summary on semi-annual basis
    • 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
  14. 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.
Updated: Tuesday, April 8, 2014