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Transportes Monteblanco SA De CV - Compliance Review

UNITED STATES DEPARTMENT OF TRANSPORTATION
USDOT logoUS DOT#
1059694X
Legal: TRANSPORTES MONTEBLANCO S A DE C V
Operating (DBA):
MC/MX #: 443410RFC #: TMO961105NJ4Federal Tax ID:
Review Type: Compliance Review (CR)
Scope: Principal OfficeLocation of Review/Audit: FMCSA Border OfficeTerritory:
Operation TypesInterstateIntrastate
Carrier:Non-HMN/A
Shipper:N/AN/A
Cargo Tank:N/A
Business: Corporation
Gross Revenue: $548,031.00         for year ending: 12/31/2012
Company Physical Address:
Carretera Federal 57 Km 212
Huachichil Arteaga, CH 25370 MEXICO
Contact Name: Juan Carlos Fuentes
Phone numbers: (1) 844-171-5220(2) 844-162-1560Fax 555-245-8701
E-Mail Address: jfuentes@monteblanco.com.mx
Company Mailing Address:
Bosque De Circuelos #304 Piso 9
Mexico Distrito Federal, MX 11700 MEXICO
Carrier Classification
Private Property
Cargo Classification
Fresh Produce
Does carrier transport placardable quantities of HM?No
Is an HM Permit required?N/A
Driver Information
 InterIntra
< 100 Miles:   
>= 100 Miles: 4 
 
Average trip leased drivers/month: 0
Total Drivers: 4
CDL Drivers: 4
Equipment
 OwnedTerm LeasedTrip Leased OwnedTerm LeasedTrip Leased
Truck200Trailer040
Power units used in the U.S.: 2
Percentage of time used in the U.S.: 50


USDOT logo
TRANSPORTES MONTEBLANCO S A DE C V
U.S. DOT #:1059694XRFC #: TMO961105NJ4
Review Date:
03/01/2013
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. 623 S. International Blvd.
  2. Weslaco, TX 78596
  3. Phone: (956) 447-5608   Fax: (956) 969-5769
This report will be used to assess your safety compliance.
Person(s) Interviewed
Name: Juan Carlos Fuentes Title: Legal Representative
Name: Juan Carlos Espinoza Title: Supervisor


USDOT logo
TRANSPORTES MONTEBLANCO S A DE C V
U.S. DOT #:1059694XRFC #: TMO961105NJ4
Review Date:
03/01/2013
Part B Violations
1
FEDERAL
Primary: 391.23(a)Discovered
4
Checked
4
Drivers/Vehicles
In Violation
4
Checked
4
Description
Failing to investigate driver's background.
Example
DRIVER NAME:
TRIP: 12/27/2012.
VEHICLE: 04, MX-102AM1
2
FEDERAL
Primary: 391.23(e)(1)Discovered
4
Checked
4
Drivers/Vehicles
In Violation
4
Checked
4
Description
Failing to investigate the driver's alcohol and controlled substance history for the previous 3 years.
Example
DRIVER NAME:
TRIP DATE: 12/27/2012.
VEHICLE: 04, MX-102AM1
3
FEDERAL
Primary: 395.3(a)(1)Discovered
7
Checked
120
Drivers/Vehicles
In Violation
2
Checked
4
Description
Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 11 hours.
Example
DRIVER NAME:
TRIP DATE: 12/11/12.
VEHICLE: 04, MX-102AM1
drove on an interstate trip from 6:16PM to 8:15PM, 1:59 hours over the 11 hour rule.
4
FEDERAL
CRITICAL
Primary: 395.3(a)(2)Discovered
39
Checked
120
Drivers/Vehicles
In Violation
4
Checked
4
Description
Requiring or permitting a property-carrying commercial motor vehicle driver to drive after the end of the 14th hour after coming on duty.
Example
DRIVER NAME:
TRIP DATE: 12/18/2012.
VEHICLE: 04, MX-102AM1
5
FEDERAL
Primary: 395.8(j)(2)Discovered
4
Checked
4
Drivers/Vehicles
In Violation
4
Checked
4
Description
Failing to obtain from driver used for the first time or intermittently, a signed statement giving the total time on duty during the preceding 7 days and time at which last relieved from duty.
Example
DRIVER NAME:
TRIP DATE: 12/27/2012
VEHICLE: 04, MX-102AM1



USDOT logo
TRANSPORTES MONTEBLANCO S A DE C V
U.S. DOT #:1059694XRFC #: TMO961105NJ4
Review Date:
03/01/2013
Part B Violations
6
FEDERAL
Primary: 396.3(b)(1)Discovered
5
Checked
5
Drivers/Vehicles
In Violation
5
Checked
5
Description
Failing to keep a maintenance record which identifies the vehicle, including make, serial number, year, and tire size.
Example
DRIVER NAME:
TRIP DATE: 12/27/2012
VEHICLE: 04, MX-102AM1
7
FEDERAL
Primary: 396.3(d)(3)Discovered
4
Checked
64
Drivers/Vehicles
In Violation
 
Checked
 
Description
Failing to maintain completed inspection form for 12 months from the date of inspection at the carrier's principal place of business.
Example
DATE OF INSPECTION: 02/14/13, 02/03/13, 01/23/13, 01/22/13
ISSUING AGENCY USDOT, USDOT, USDOT, USDOT
DRIVER NAME/VEHICLE ID: 03, MX-103AM1,    04, MX-102AM1,
                                                   03, MX-103AM1,    04, MX-102AM1
Safety Fitness Rating Information:
Total Miles Operated 316,817
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 :


CONDITIONAL
Rating Factors       AcuteCritical
Factor 1:S00
Factor 2:S00
Factor 3:U02
Factor 4:S00
Factor 5:N00
Factor 6:S--

This rating will become the final rationg 60 days from the date indicated on a forthcoming official notice from the Federal Motor Carrier Safety Administration headquarters in Washington, D.C.

However, if this rating improves a previous Unsatisfactory rating, it will become effective on the date of the official notice from the FMCSA Headquarters.

Corrective actions must be taken for the violations (deficiencies) listed on Part B of this review. Title 49 CFR Sections 385.15 and 385.17 provide for administrative review and a change to a safety rating based on corrective actions, respectively. A request for a change to a safety rating under section 385.17 may be made at any time. A motor carrier may request, in writing, a change in the rating by providing evidence of corrective actions to the Field Administrator for the FMCSA Service Center in which the carrier maintains its principal place of business. (See 49 CFR 385.17 for additional details). A request for administrative review under section 385.15 must be made within 90 days of the date of the proposed safety rating issued under section 385.11(c) or a final safety rating issued under section 385.11(b), or within 90 days after denial of a request for a change in rating under section 385.17.



USDOT logo
TRANSPORTES MONTEBLANCO S A DE C V
U.S. DOT #:1059694XRFC #: TMO961105NJ4
Review Date:
03/01/2013
Part B Requirements and/or Recommendations
  1. FATIGUE DRIVING (HOS) BASIC PROCESS BREAKDOWN: Roles and Responsibilities

    DESCRIPTION OF PROCESS BREAKDOWN

    Transportes Montonblanco S A DE C V, is falling to have a system in place to review record of duty status for compliance in the 11 and 14 hour rule. They also failed to obtain from the drivers used for the first time a signed statement giving the total time on duty during the preceding 7 days and time at which last relieved from duty. During GPS monitoring the carrier has been found to be in violation of the 11 and 14 hour rule. Mr Fuentes is aware of the requirement and stated that he takes responsibility for violations discovered. This caused violations to be discovered in this part.

    BASIC SPECIFIC RECOMMENDED REMEDIES

    Implement Safety lmprovement Practices: The following are recommended practices related to Roles and Responsibilities.

    Define and document roles and responsibilities of managers and supervisors for monitoring compliance with Hours-of-Service (HOS) policies.

    Ensure that managers are responsible for reviewing Records of Duty Status (RODS) for accuracy and for disciplining those who falsify their logs

    Assign responsibility for making sure that all Records of Duty Status (RODS) are collected and stored for six months.

    Prior to accepting shipment, ensure that dispatchers are responsible for mapping out routes, asking drivers how many hours they have driven recently, and verifying that the route can be completed without breaking Hours-of-Service (HOS) regulation.

    Ensure that drivers are responsible for informing the carrier when they are sick, keeping accurate Records of Duty Status (RODS), and planning their route so that it can be completed efficiently within Hours-of-Service (HOS) rules.

    Define and document roles and responsibilities of drivers and dispatchers as they pertain to Hours-of-Service (HOS) policies and procedures.

    Seek Out Resources:
    You are encouraged to review your company's record at the following website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
    Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.

  2. VEHICLE MAINTENANCE BASIC PR9CESS BREAKDOWN: Monitoring and Tracking

    DESCRIPTION OF PROCESS BREAKDOWN

    Transportes Monteblanco S A DE C V monitors and tracks their vehicles to ensure that they are in compliance but failed to record the complete identification information of each vehicle. Also Transportes Monteblanco S A DE C V is not tracking roadside inspections to ensure that all reportes are being submitted by the drivers to the company, which would provide awareness of maintenance violations found on roadside. This caused violations to be discovered in this part.

    BASIC SPECIFIC RECOMMENDED REMEDIES

    Implement Safety Improvement Practices: The following are recommended practices related to Monitoring and Tracking Processes.
    Check all inspections and relevant records, such as Driver Vehicle Inspection Records (DVIRs}, pre-trip and annual inspections, and maintenance and repair records, to ensure that company inspection, repairing, and maintenance policies and procedures are adhered to and properly documented.
    Monitor and track roadside inspection results to ensure that vehicle defects are repaired and documented promptly and to prevent Out-of-Service (OOS), vehicles from operating prior to being repaired.
    Regularly evaluate the company's vehicle-maintenance-related inspection results via the Federal Motor Carrier Administration’s (FMCSA) website at http://ai.fmcsa.dot.gov/SMS. Assess violations for process breakdowns and how to remedy them.
    Maintain inspection, repair, maintenance, vehicle identification, and communication records to help evaluate the performance of all staff (drivers, dispatchers, mechanics, and managers) involved in fleet maintenance and the effectiveness of compliance with vehicle maintenance policies, procedures, and regulations.
    Evaluate personnel who are monitoring vehicle maintenance performance by making sure they are using Driver Vehicle Inspection Records (DVIRS), roadside inspections, and other data; applying performance standards fairly, consistently, and equitably; and documenting evaluations.
    When monitoring and tracking vehicle maintenance issues, always assess whether an issue is individual or represents a systemic breakdown in one of the Safety Management Processes (Policies and Procedures, Roles and Responsibilities, etc.).

    Seek Out Resources: You are encouraged to review your company’s record at the following Website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
    Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.

  3. DRIVER FITNESS BASIC PROCESS BREAKDOWN: Roles and Responsibilities

    DESCRIPTION OF PROCESS BREAKDOWN

    Transportes Monteblanco S A DE C V, is failing to ensure each driver qualification file is complete and accurate. Carrier official Juan Carlos Fuentes is responsible for reviewing driver qualification files for the company drivers. Responsibilities not being completed include: investigate the driver's alcohol and controlled substances history for the previous 3 years and investigate drive’s, background. Mr. Fuentes is aware of the requirements and stated that he takes responsibility for violations discovered. This caused violations to be discovered in this part.

    BASIC SPECIFIC RECOMMENDED REMEDIES

    Implement Safety Improvement Practices: The following are recommended practices related to Roles and Responsibilities.
    Define and document the role of managers and supervisors for implementing driver-fitness policies and for monitoring compliance with them. This' should include regular evaluation of the carrier's driver-wellness program.
    Define and document roles and responsibilities of managers and supervisors in providing training and maintaining qualifications for all employees according to driver-fitness regulations and company policies and procedures.
    Ensure that operations managers and dispatchers are responsible for having the proper amount of fit drivers by considering short-term changes; for example with regards to vacations, variations in sales, and additional driver duties, and long-term changes, for example, with regard to permanent reassignment and termination of employees.
    Ensure that dispatchers and operation managers are responsible for ascertaining that drivers are qualified before authorizing runs.
    Define and document roles and responsibilities of drivers, dispatchers, and other personnel according to driver-fitness regulations and company policies and procedures.

    Seek Out Resources: You are encouraged to review your-company's record at the following website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
    Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.

  4. 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

    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. 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.

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

    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.

    Joanne A Cisneros, Division Administrator Federal Motor Carrier Safety Administration 903 San Jacinto Blvd, Room 101 Austin, TX 78701

    385.15
    If you believe the proposed rating is in error and there are factual and procedural issues in dispute, Part 385.15 (copy provided) outlines procedures for petitioning the Federal Motor Carrier Safety Administration for an administrative review of these findings. Your petition should be addressed to:

    Chief Safety Officer
    Federal Motor Carrier Safety Administration
    1200 New Jersey Avenue SE,
    Washington, DC 20590

    385.17
    In addition, a request for a revised rating based on corrective actions may be made at any time. Part 385.17 (copy provided) outlines the procedures for such a request. The request must be made in writing, must describe the corrective action taken and must include other documentation that may be relied upon as a basis for the requested change. Address your written request to:

    U.S. Department of Transportation
    Federal Motor Carrier Safety Administration
    Western Service Center
    Field Administrator
    Golden Hills Office Centre
    12600 W. Colfax Ave., Suite B-300

    Ensure that a CC copy of the letter is mailed to:

    Joanne A Cisneros, Division Administrator.
    FMCSA, Texas Division
    903 San Jacinto Blvd., Room 101
    Austin, TX 78701

    This letter should be submitted as soon as possible.

    Information on your compliance status, roadside inspections, regulatory changes, accident countermeasures and hazardous material incident prevention manual is available on the internet at the Federal Motor Carrier Safety Administration's web site at: http://www.fmcsa.dot.gov/ and http://www.safer.fmcsa.dot.gov/

Updated: Thursday, November 6, 2014