CROSS-BORDER OPERATING REQUIREMENTS HANDBOOK
FOR FOREIGN MOTOR CARRIERS ENTERING THE UNITED STATES

MAY 2002

TABLE OF CONTENTS

Introduction..........................................................................................................1

Commercial Vehicle Safety Requirements For Operating in the United States............5

- Operating as a Motor Carrier in the United States..........................................7
- Mexico-Domiciled Motor Carrier Operations Behond U.S. Municipalites
and Commercial Zones on the U.S. Mexico Border..........................................8
     - Process for Obtaining Operating Authority...............................................8
     - Operating with Provisioan Operating Authority.......................................................12
     - Operating with Permanent Authority......................................................15

- Mexico-Domiciled Motor Carrier Operations within U.S. Municipalities
and Commerical Zones on the U.S.-Mexico Border
     - Process for Obtaining a Certificate of Registration..................................16
     - Application Process............................................................................16
     - Operating witha Provisional Certificate of Registration.............................18
     - Operating with a Permanent Certificate of Registration............................21
- Marking Commercial Motor Vehicles with Motor Carrier name and
USDOT Number.........................................................................................21
- Obtain Public Liability Insurance to Operate in the United States.................23
- Federal Motor Carrier Safety Regulations..................................................26
     - General Requirements.......................................................................26
     - Qualifications of Drivers......................................................................27
     - Commercial Driver's License Standards...............................................27
     - Controlled Substances & Alcohol Use & Testing Regulations...............28
     - Driving Motor Vehicles......................................................................31
          - Hours of Service.........................................................................31
          - Parts & Accessories Necessary for Safe Operations......................34
          - Inspection, Repair and Maintenance.............................................43
- Federal Hazardous Materials Regulations...............................................45
- State Motor Carrier Safety and Economic Regulation..............................50
- Crash Protection.................................................................................51

State Requirements for Credentials
     - Fuel Taxes, Registration Fees, and Other Fees in the U.S. States.....53

Federal Vehicle Weights and Dimensions Requirements..........................69

Manufacturing Requirements Applicable to Motor Carriers........................87

Immigration Requirements for Rail, Motor Carrier and Passenger Operations..111

Customs Requirements.......................................................................115

Agricultural Products Trade Requirements.............................................117

Other Federal Requirements

     - U.S. Department of Labor.............................................................123
     - Heavy Vehicle Use Tax................................................................125
     - Emissions Requirements.............................................................127
     - Americans with Disabilities Act.....................................................127

INTRODUCTION

The U.S. Department of Transportation has developed this Motor Carrier Operating Requirements Handbook to assist foreign motor carriers, particularly new-entrants, seeking authority to operate in the United States under the North American Free Trade Agreement (NAFTA).

The NAFTA established a timetable for the United States and Mexico to lift restrictions to the provision of motor carrier services. Beginning in June 2001, Mexican citizens or companies were able to own and control a U.S.-domiciled company to transport international cargo between points in the United States. Enterprises domiciled in the United States that are owned or controlled by Mexican citizens or companies are allowed to obtain operating authority to provide bus services between points in the United States. The NAFTA also permits Mexican trucking firms to engage in the cross-border delivery and backhaul of cargo, and allows passenger carriers to provide charter and tour bus services as well as regular route cross-border services. Canadian truck and bus companies have been able to operate the same services in the United States as those outlined above for Mexico under an agreement that preceded the NAFTA. Neither Mexican nor Canadian trucking firms are authorized, however, to move domestic cargo between points in the United States. This restriction is reciprocal for all three NAFTA parties.

All foreign motor carriers operating in the United States are subject to the same federal and state regulations and procedures that apply to U.S. carriers. These include safety regulations, insurance requirements, labor and environmental standards, and payment of all taxes and fees. In addition, foreign motor carriers and drivers must comply with applicable customs and immigration laws and regulations.

The information included in this handbook was prepared by the U.S. Department of Transportation, in cooperation with other federal and state agencies, to assist foreign motor carriers in understanding the requirements for legal operation in the United States. It includes information on the Federal Motor Carrier Safety Regulations, the Federal Motor Vehicle Safety Standards, Hazardous Materials Transportation Safety Regulations, weights and dimensions requirements, application procedures for federal operating authority, customs regulations, immigration requirements for drivers, U.S. Department of Agriculture regulations applicable to imported commodities, applicable labor laws, tax obligations, and other requirements.

This handbook provides important information regarding regulations that affect cross-border operations, which are enforced by several government agencies. Accordingly, the handbook includes the names, addresses, and telephone numbers of individuals who can answer questions and provide more complete information. Also, Internet web sites have been included for most federal and state agencies, where continually updated information on these requirements can be found. An electronic version of the handbook will be continuously available and updated on the U.S. Department of Transportation’s website (www.dot.gov/NAFTA) in order to provide the most current operational information and agency contacts. Finally, although this handbook has been developed as a stand-alone document, it is a cooperative effort with Transport Canada and Mexico’s Secretariat of Communications and Transportation (SCT), each of which has developed a similar handbook that is designed to assist foreign motor carriers who wish to conduct legal operations in Canada and Mexico. Those documents can also be accessed electronically through links on the DOT website.

Important Notice: Motor carriers are responsible for complying with all applicable federal and state requirements, whether or not they are described in this handbook. Throughout this book the term motor carrier refers to commercial carriers of both property and passengers, i.e. truck and bus operators.

Additional Information

The following U.S. Government publications may also be useful to motor carriers operating in the United States:

Importing into the United States, a publication of the U.S. Customs Service, October. 1994 (Customs Publication No. 504A)

Available from:

Government Printing Office

Superintendent of Documents

Mail Stop SSOP

Washington, D.C. 20402-9328

GPO Document No. ISBN 0-16-045392-5

DOT-Tabla 10S, Guia de Marcaci6n, Etiquetas y Carteles para-Materiales Peligrosos, a guide to hazardous materials marking, labeling, and placarding, published by the Research and Special Programs Administration, DOT, February 1994

Available from:

Research and Special Programs Administration

OHMIT/DHM-51

U.S. Department of Transportation

400 Seventh Street, S.W.

Washington, D.C. 20590-0001

Guide for Brokers, Forwarding Agents, Freight Forwarders, and Warehousers, a publication of the Research and Special Programs Administration, DOT

Available from:

Research and Special Programs Administration (DHM-50)

U.S. Department of Transportation

400 Seventh Street, S.W.

Washington, D.C. 20590-0001

How to Use the Hazardous Materials Regulations 1995 Edition, published by the Research and Special Programs Administration, DOT, May 1995

Available from:

Research and Special Programs Administration (DHM-50)

U.S. Department of Transportation

400 Seventh Street, S.W.

Washington, D.C. 20590-0001

1993 Guia de Respuesta en Caso de Emergencia (P 5800.65) hazardous materials emergency response guide in Spanish, a publication of the Research and Special Programs Administration, DOT

Available from:

Research and Special Programs Administration (DHM-50)

U.S. Department of Transportation

400 Seventh Street, S.W.

Washington, D.C. 20590-0001

Handy Reference Guide to the Fair Labor Standards Act

available on the Internet at http://www.dol.gov/dol/esa/public/regs/compliance/whd/hrg.htm

or from the Office of Enforcement Policy, Wage and Hour Division, U.S. Department of

Labor, Rm. S-3510, 200 Constitution Ave. NW, Washington, D.C., 20210.

COMMERCIAL VEHICLE SAFETY REQUIREMENTS
FOR OPERATING IN THE UNITED STATES

Federal Motor Carrier Safety Administration Reference Guide

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. This document only paraphrases the Federal Motor Carrier Safety Regulations published in Title 49 of the U.S. Code of Federal Regulations. The contents may not be relied upon as a substitute for the official text. The regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office (GPO Web site www.access.gpo.gov), or examined at many libraries.

FMCSA The United States Department of Transportation, Federal Motor Carrier Safety Administration’s (FMCSA) mission is to prevent commercial motor vehicle-related crashes. FMCSA activities contribute to ensuring safety in motor carrier operations through strong enforcement of the Federal Motor Carrier Safety Regulations (FMCSRs), targeting high-risk carriers and commercial motor vehicle drivers for enforcement; improving safety information systems and commercial motor vehicle technologies; strengthening commercial motor vehicle equipment and operating standards; and increasing driver safety awareness. To accomplish these activities, the Administration works with Federal, State, and local enforcement agencies, the motor carrier industry, labor and safety interest groups, and others.

Locations FMCSA headquarters is located at 400 Seventh Street S.W., Washington, D.C. 20590. FMCSA also has offices in each of the U.S. States as well as four strategically located Service Centers in Atlanta, GA, Baltimore, MD, Olympia Fields, IL, and San Francisco, CA.

Websites For more information about the FMCSA, locations of each of our Service Centers and State offices, the Federal Motor Carrier Safety Regulations, our safety programs which help carriers and drivers operate safely on our Nation’s highways and the results of research and analysis regarding commercial vehicle safety in the U.S., visit our Website at www.fmcsa.dot.gov or in Spanish at www.fmcsa.dot.gov/spanish

FMCSRs For a thorough explanation of the Federal requirements for operating a commercial vehicle safely in the U.S., refer to the Federal Motor Carrier Safety Regulations (FMCSRs), 49 CFR Parts 200-399 and the FMCSA Web site at www.fmcsa.dot.gov/rulesregs/FMCSRhome.htm

HMRs For a thorough explanation of the Federal requirements for the transportation of hazardous materials refer to the HM Regulations, 49 CFR Parts 100-185 and the U.S. DOT Web site at www.text-trieve.com/dotrspa/dotbody.asp For a summary of the requirements, see www.fmcsa.dot.gov/safetyprogs/hm.htm

Copies Both the FMCSRs and HMRs can be ordered from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, telephone, D.C. area (202) 512-1800; Toll-Free (866) 512-1800 or through the web site http://bookstore.gpo.gov . The Federal Motor Carrier Safety Administration does not stock or supply manuals and forms, such as the FMCSRs, “Accident Countermeasure” Manual, Medical Examiner’s Certificate, Driver’s Qualification File Forms, Driver’s Daily Log Books, Hazardous Materials placards, Hazardous Materials labels, etc. These may be obtained from printing firms, State motor carrier associations, or other sources. The FMCSA Web site includes “A Motor Carrier’s Guide to Improving Highway Safety,” which contains a list of some of these suppliers. Visit www.fmcsa.dot.gov/factsfigs/eta/forms.html

FMVSS The National Highway Traffic Safety Administration’s (NHTSA) mission is to save lives, prevent injuries and reduce traffic related health care and other economic costs. The Agency develops, promotes, and implements effective educational, engineering, and enforcement programs to end preventable tragedies and reduce economic costs associated with vehicle use and highway travel. The NHTSA establishes vehicle manufacturing regulations called the Federal Motor Vehicle Safety Standards (FMVSS). When the process of vehicle manufacturing is completed, a motor vehicle must comply with the FMVSS in order for them to be legally sold in the U.S. In addition, all motor vehicles operated in the U.S. must comply with the FMVSS. The FMVSS are found in Title 49 Code of Federal Regulations, Part 571. For more information, visit the GPO Web site at www.access.gpo.gov.

Hotline In our continuing effort to improve highway safety, the FMCSA provides a toll-free number 1-888-DOT-SAFT (368-7238) to report actual or potential violations of the FMCSRs. In addition, drivers can submit their complaints in writing and mail them to the Federal Motor Carrier Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. These written complaints may also be faxed to (202) 366-7298.

Operating as a Motor Carrier in the U.S.

Complete the process for obtaining Operating Authority and/or Certificate of Registration to operate in and /or beyond the Commercial Zone in the U.S.

• Complete Application Form for type of authority requested

OP-1 (MX) Beyond the Commercial Zone

OP-2 Commercial Zone Only

• Attend a Safety Compliance Seminar (optional)

• Complete Motor Carrier Identification Report (Form MCS-150)

• Designate Agent for Process (Form BOC-3)

• Pay Filing Fee

• Show Proof of Insurance www.fmcsa.dot.gov/factsfigs/eta/TOC.html

• Pass Safety Audit

OP-1 (MX) Beyond the Commercial Zone before Provisional Operating Authority granted

OP-2 Commercial Zone Only Within 18 months after Provisional Certificate of

Registration issued

• Have insurance company file proof of insurance with FMCSA [OP-1 (MX) only]

• Mark your commercial motor vehicles with the legal name or DBA name used on the

Form MCS-150, and number the USDOT assigned to you.

• Pass Compliance Review before 18 months of Provisional Authority expires

• Comply with Federal Motor Carrier Safety Regulations (FMCSRs)

www.fmcsa.dot.gov/rulesregs/FMCSRshome.htm.

• Comply with Hazardous Material Safety Regulations (HMRs)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/397menu.htm

www.text-trieve.com/dotrspa/dotbody.asp

• Comply with all State Motor Carrier Safety and Economic Regulations

www.fmcsa.dot.gov/links.htm#STGOV

MEXICO-DOMICILED MOTOR CARRIER OPERATIONS BEYOND U.S. MUNICIPALITIES AND COMMERCIAL ZONES ON THE U.S./MEXICO BORDER

I. PROCESS FOR OBTAINING OPERATING AUTHORITY

The process for obtaining operating authority applies to any Mexico-domiciled carrier of property or passengers seeking authority to operate between Mexico and points in the United States beyond the border commercial zones and is comprised of three sub-processes - initial application, operations under provisional authority, and operations under permanent authority. Each of these is described in more detail below.

Application Process

The application process represents the first phase in a carrier's efforts to obtain U.S. operating authority. To successfully complete the application process a carrier must accomplish two activities-1) correctly complete and file the OP-1 (MX) application package, accompanied by an application fee and 2) pass a safety audit.

A. Completing and Filing an OP-1 (MX) Application -- The first step in the application process is to thoroughly and accurately complete the application forms. Applications containing missing or incomplete information will delay processing until the necessary information is provided. The following provides an overview of the steps involved in obtaining, completing and filing an OP-1 (MX) application.

1. Obtaining a Copy of the OP-1 (MX) Application Package -- Mexico-domiciled carriers can obtain a copy of the application package (1) through the mail by calling FMCSA's Information Line (001-800-832-5660 from Mexico or 1-800-832-5660 from the U.S. or Canada) or any FMCSA Division office and requesting the OP-1 (MX) application package or (2) through the FMCSA web site on the Internet at www.fmcsa.dot.gov.

2. Attending a 1-Day Seminar on U.S. Safety Requirements (Optional) - FMCSA has developed a 1-day seminar on U.S. safety requirements for Mexico-domiciled carriers seeking U.S. operating authority. The seminar provides an overview of the U.S. safety regulations and process for obtaining U.S. operating authority. The information provided at the seminar will be valuable to the carrier in completing the application and preparing for the upcoming Safety Audit. Although participation in the seminar is not mandatory, carriers are strongly encouraged to attend. Information about the time and location of future seminars will be provided to the Mexican trucking associations, the Secretaría de Comunicaciones y Transportes, and will be distributed to drivers at major border crossings.

3. Completing the Application -- The application package is printed in English and Spanish, but the carrier's responses must be written in English. It is very important that the carrier provides all required information and completes the application in its entirety before mailing it back. Applications with missing information will be returned to the carrier. Information provided on the application will be checked against a variety of U.S. and Mexican databases to ensure that the carrier is eligible to apply for authority.

4. Filing the Application -- All applicants must submit the following documents and fee to FMCSA:

a. OP-1 (MX) Application: An original and one copy of a completed Form OP-1 (MX), Application to Register Mexican Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border, with all necessary attachments and statements.

b. Motor Carrier Identification Report (Form MCS-150): A completed and signed Form MCS-150, Motor Carrier Identification Report. The MCS-150 provides basic information about the carrier's operation necessary to maintain FMCSA's carrier census database.

c. Designation of Agents for Process (Form BOC-3): A carrier must provide a signed and dated Form BOC-3, Designation of Agents for Service of Process, or use a process service agent who will electronically file the BOC-3 within 90 days. The BOC-3 form must show the street addresses for the person(s) designated as the agent(s) for serving notices of enforcement action. A process agent must be designated in each state in which the applicant may operate. The applicant may not begin operations unless the Form BOC-3 has been filed with the FMCSA.

d. Filing Fee: Except for those carriers that have already paid the fee, a filing fee of $300 for each type of registration requested (e.g., contract, common or household goods) payable in U.S. dollars on a U.S. Bank to the FMCSA by means of check, money order or credit card must accompany the application.

The completed application, fee and above-mentioned documents should be sent to either FMCSA’s Trans-border Office (if paying with a credit card) or to FMCSA's Lockbox (if paying by check or money order). The addresses are as follows:

FMCSA Trans-Border Office

FMCSA Trans-border Office

2297 Niels Bohr Ct., Suite 204

San Diego, CA 92154

FMCSA Lockbox Addresses

FOR REGULAR DELIVERY:

Federal Motor Carrier Safety Administration

P.O. Box 70935

Charlotte, NC 28272-09354

FOR EXPRESS MAIL ONLY:

QLP Wholesale Lockbox - NC0810

Lockbox #70935

1525 West WT Harris Blvd.

Charlotte, NC 28262

5. Providing Proof of Insurance - The carrier is not required to submit proof of insurance with the application. However, the carrier must present evidence of insurance coverage as part of the pre-authority Safety Audit. Also, if the carrier passes the audit, the carrier's insurance company must file the appropriate insurance forms (Form BMC-91 or BMC-91X for bodily injury and property damage; Form BMC-34 for cargo liability) with FMCSA within 90 days after the date that notice of the carrier's application is published in the DOT/FMCSA Register.

B. Passing A Safety Audit -- The second major element of the application process is the pre-authority Safety Audit. The Safety Audit consists of a review of the carrier's safety data, a review of requested motor carrier documents, vehicle inspections, and an interview session with the motor carrier's safety official by a trained safety auditor. The following steps describe this aspect of the application process.

1. Preparing for the Audit -- In addition to completing the OP-1 (MX) application package, Mexico-domiciled carriers seeking U.S. operating must also receive and pass an FMCSA Safety Audit prior to receiving provisional operating authority. FMCSA recommends that a Mexican carrier do the following things in preparation for the audit:

- Obtain a copy of FMCSA's Educational and Technical Assistance (ETA) Package through the Internet at www.fmcsa.dot.gov/factsfigs/eta/index.html (English) or www.fmcsa.dot.gov/español/english/eta_index.htm (Spanish)

- Attend the 1-day Mexican Carrier Seminar

- Ensure all vehicles intended for operations beyond the U.S. commercial zones have current CVSA decals

- Become familiar with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs) (if appropriate). These regulations are available through the Internet at www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm

2. Scheduling the Audit -- The FMCSA Division Office assigned to the carrier's business location will contact the carrier to schedule a mutually agreeable time and place for conducting the audit. FMCSA is required to conduct at least 50% of all safety audits on-site at the carrier's place of business. The remaining 50% may be conducted at sites other than the carrier's place of business depending on variables such as the size of the carrier, commodity hauled, and location of the carrier's place of business. A letter will be sent to the carrier documenting when and where the safety audit will be held.

3. Participating in the Audit -- The objective of the safety audit is to both educate the carrier on compliance with the FMCSRs and HMRs and to determine areas where the carrier might be deficient in terms of compliance. The safety auditor will use a series of questions regarding the carrier's safety management practices and safety performance to ensure that all applicable acute and critical areas of the FMCSRs and HMRs are addressed. Areas covered include the qualification of drivers, driving a motor vehicle, hours of service, inspection, repair, and maintenance, transporting and marking hazardous materials, controlled substance and alcohol use and testing, commercial driver's license standards, and financial responsibility. At the end of the audit, the carrier will receive a report listing any deficiencies that may have been found along with recommendations for correcting those deficiencies. If the carrier passes the pre-authority safety audit and FMCSA approves its application, the Agency will publish a summary of the application as a preliminary grant of authority in the DOT/FMCSA Register. FMCSA will notify the carrier of the results of the audit (Pass or Fail) within 45 days after completion of the audit.

4. Passing the Audit -- Carriers that pass the audit will receive (1) a letter stating that they have passed the audit and (2) a reminder that the carrier is required to have a Form BOC-3 (Designation of Agents) and insurance forms on file with the FMCSA before operating authority can be issued.

Once the Form BOC-3 and the insurance forms have been filed, the FMCSA will send the carrier a package of materials that will contain: a) a certificate authorizing the carrier to operate in the United States for a period of 18 months and b) a USDOT number.

The USDOT number must be displayed on both sides of any vehicle intended for use in the United States before a carrier can operate in the United States. Also, a current DOT Form MCS-90 and evidence of continuing insurance coverage must be on each of the carrier's vehicles when it crosses the border.

5. Failing the Audit -- Carriers that fail the audit will receive a letter from the FMCSA informing them that they failed the safety audit along with instructions for re-applying.

Operating with Provisional Authority

FMCSA has implemented a safety monitoring system and compliance initiative to help determine whether Mexico-domiciled carriers conducting operations anywhere in the United States comply with applicable safety regulations and conduct safe operations. The two major elements of this safety monitoring system are 1) compliance monitoring via a Compliance Review and 2) roadside performance monitoring. Each of these elements is discussed below.

A. FMCSA Compliance Review -- All Mexico-domiciled carriers seeking permanent U.S. operating authority to operate beyond the commercial zones must undergo an FMCSA-conducted Compliance Review (CR). A CR is a process whereby a federal safety investigator examines a carrier's trucking operation to determine compliance with the FMCSRs and HMRs (if applicable). It focuses on not only the carrier's safety management controls, but also the carrier's operational performance and regulatory compliance.

1. Participating in a Compliance Review -- At some point within the 18-month provisional operating period, FMCSA is required to conduct a Compliance Review (CR) consistent with federal safety fitness evaluation procedures. As a result of the CR, the carrier will be issued a safety rating of satisfactory, conditional or unsatisfactory. Carriers must receive a satisfactory rating in order to qualify for permanent operating authority. Enforcement action in the form of fines, suspension or revocation of operating authority may result from a CR.

2. Scheduling the Compliance Review -- FMCSA's Division Office will call the carrier to schedule a mutually agreeable time and location for conducting the compliance review. The call will be followed up with a letter to the carrier documenting when and where the compliance review will be held.

3. Receiving a Satisfactory Rating -- If the CR reveals that the carrier is in compliance with the FMCSRs and HMRs (if appropriate) and has basic safety management controls in place that are functioning adequately, the carrier will receive a satisfactory safety rating. The Mexican carrier's provisional operating authority will remain in place and its performance will remain closely monitored by the FMCSA until the end of the 18-month period.

4. Receiving an Unsatisfactory or Conditional Rating -- If a carrier receives an unsatisfactory rating as a result of a CR due to severe safety problems and/or non-compliance with the FMCSRs and HMRs (if appropriate), FMCSA will notify the carrier that it is required to take action to improve its safety practices if it wishes to continue to operate in the United States. The carrier's operating authority would be suspended effective 15 days after the service date of the notice and an Operations Out of Service Order would be imposed, prohibiting it from operating any motor vehicle in the United States, unless the carrier demonstrates, within 10 days of the service date of the notice, that the compliance review contains material error. Failure to take the necessary corrective action within 45 days of the service date of an unsatisfactory rating would result in the revocation of a carrier's provisional operating authority. A follow-up review would be conducted to ensure that all corrective actions have been taken.

Carriers receiving a conditional rating would have their provisional operating authority revoked and an Operations Out of Service Order imposed if the necessary corrective action is not taken within 45 days after the service date of the rating. A follow-up review would be conducted to ensure that all corrective actions have been taken.

B. Roadside Performance Monitoring -- During the 18-month period following issuance of provisional operating authority, the over-the-road safety performance of Mexico-domiciled carriers will be tracked and assessed though a comprehensive roadside performance monitoring system. The major aspects of that system are presented below.

1. Checking Mexican Commercial Motor Vehicle (CMV) Drivers Licenses -- Federal and State inspectors will be required to electronically verify the status and validity of the Licencia Federal of Mexican commercial drivers for the following commercial vehicles:

a. Vehicles carrying placardable quantities of hazardous materials;

b. Vehicles undergoing a Level 1 inspection; and

c. Randomly selected Mexican commercial vehicles (at least

50% of all Mexican vehicles operating beyond the commercial zones)

2. Inspecting All CMVs of Mexico-Domiciled Carriers Without CVSA Decals -- All vehicles of Mexico-domiciled carriers that do not display a currently valid CVSA decal will be inspected by certified inspectors, including examination of the driver, vehicle exterior and vehicle under-carriage for a period of 4.5 years (1.5 years while operating with provisional authority and 3 years while operating with permanent authority.) In addition, a certified CVSA inspector may inspect any vehicle, at any time, either at the border or roadside, regardless of whether the vehicle has a CVSA decal.

3. Using Expedited Action Letters to Alert Carriers to Safety Problems -- Mexico-domiciled motor carriers that commit certain violations discovered as part of a roadside inspection or other means may be subject to an expedited safety audit or compliance review (if the carrier has not already had one) or issued an expedited action letter identifying the violations and directing the carrier to submit a written response demonstrating corrective action. The specific violations that may generate an expedited action letter include:

Using drivers not possessing, or operating without a valid Commercial Driver's License (CDL) or Licencia Federal de Conductor (LF);

Operating vehicles that have been placed out-of-service (OOS) for CVSA OOS violations without making required repairs;

Involvement in, due to carrier act or omission, a hazardous materials (HM) incident within the United States involving highway route controlled quantity of certain HM;

Involvement in, due to carrier act or omission, two or more hazardous materials incidents within the United States;

Using a driver who tests positive for drugs or alcohol or who refuses to submit to required drug or alcohol tests;

Operating within the United States a motor vehicle that is not insured as required by 49 CFR Part 387;

Having a driver or vehicle OOS rate of at least 50% based upon three inspections within a consecutive 90-day period.

Failure to respond to an agency request for a written response demonstrating corrective action within 30 days will result in suspension of the carrier's provisional operating authority until the required showing of corrective action is submitted to the FMCSA. Expedited CRs and the use of expedited action letters will only apply during the 18-month monitoring period.

In addition, Mexico-domiciled carriers identified as "at risk" by FMCSA's SafeStat performance system may receive a compliance review regardless of whether they are operating with provisional authority. SafeStat is an automated analysis system developed for the FMCSA. The system combines current and historical safety performance data to measure the relative safety fitness of interstate commercial motor carriers. SafeStat enables the FMCSA to quantify and monitor the safety status of motor carriers and guides the deployment of resources to focus on carriers posing the greatest safety risk. Access to SafeStat results can be found on the Internet at the Analysis and Information website (www.ai.volpe.dot.gov) or by telephoning 412-395-4816.

Operating With Permanent Authority

Mexico-domiciled carriers that demonstrate acceptable levels of safety performance and receive a satisfactory rating from the CR will be issued permanent operating authority at the end of the 18-month provisional period. FMCSA will send written notification to the carrier indicating that the status of its operating authority has been changed from provisional to permanent.

Once Mexico-domiciled carriers have been issued permanent operating authority, they will fall under the same safety requirements and operational procedures applied to U.S. and Canadian carriers, with one exception. For a period of three years, Mexico-domiciled carriers that have been granted permanent operating authority will still be required to ensure that all their vehicles operating beyond the border zone display a currently valid CVSA decal. Decals are valid for 90 days.

MEXICO-DOMICILED MOTOR CARRIER OPERATIONS WITHIN U.S. MUNICIPALITIES AND

COMMERCIAL ZONES ON THE U.S./MEXICO BORDER

PROCESS FOR OBTAINING A CERTIFICATE OF REGISTRATION

The process for obtaining a Certificate of Registration applies to Mexico-domiciled motor carriers who wish to register to operate only in the municipalities in the United States on the U.S.-Mexico border or within the commercial zones of such municipalities.

It also applies to Mexico-domiciled motor carriers that currently hold a Certificate of Registration from the former Interstate Commerce Commission, the Federal Highway Administration, the Office of Motor Carrier Safety or the Federal Motor Carrier Safety Administration (FMCSA).

The process for obtaining a Certificate of Registration is comprised of three sub-processes: 1) the application process, 2) operations under a provisional Certificate of Registration, and 3) operations under a permanent Certificate of Registration. Each of these is described in more detail below.

Application Process

The application process represents the first phase in a carrier's efforts to obtain a Certificate of Registration to operate in border cities and their commercial zones. To successfully complete the application process, a carrier must correctly complete and file the OP-2 application package, accompanied by an application fee. Mexico-domiciled carriers that currently hold Certificates of Registration for commercial zone operation must re-apply with the FMCSA by October 20, 2003 in order to continue these operations. Carriers re-applying for a permanent Certificate of Registration will not be required to pay the $300 application fee.

The following are the steps in the application process:

1. Obtaining a Copy of the OP-2 Application Package -- Mexico-domiciled carriers can obtain a copy of the application package (1) through the mail by calling FMCSA's Information Line (001-800-832-5660 from Mexico or 1-800-832-5660 from the U.S. or Canada) and requesting the OP-2 application package or (2) through the FMCSA web site on the Internet at www.fmcsa.dot.gov.

2. Attending a 1-Day Seminar on U.S. Safety Requirements (Optional) - FMCSA has developed a 1-day seminar on United States safety requirements for Mexico-domiciled carriers seeking U.S. operating authority or a Certificate of Registration. The seminar provides an overview of the U.S. safety regulations and process for obtaining U.S. operating authority or Certificates of Registration. The information provided at the seminar will be valuable to the carrier in completing the application form and preparing for the upcoming safety audit. Although participation in the seminar is not mandatory, carriers are strongly encouraged to attend. Information about the time and location of future seminars will be provided to the Mexican trucking associations, and the Secretaría de Comunicaciones y Transportes, and will be distributed to drivers at major border crossings.

3. Completing the Application -- The application package is printed in English and Spanish, but the carrier's responses must be written in English. It is very important that the carrier provides all required information and completes the application in its entirety before mailing it back. Applications with missing information or fees will be returned to the carrier. Information provided on the application will be checked against a variety of U.S. and Mexican databases to ensure that the carrier is eligible for a Certificate of Registration.

4. Filing the Application -- All applicants must submit the following documents and fee to FMCSA:

a. OP-2 Application: An original and one copy of a completed Form OP-2 Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 13902, with all necessary attachments and statements.

d. Filing Fee: Except for those carriers that have already paid the fee, a filing fee of $300 for each type of registration requested (e.g., contract, common or household goods) payable in U.S. dollars on a U.S. bank to the FMCSA by means of check, money order or credit card must accompany the application.

FMCSA Trans-Border Office:

FMCSA Trans-border Office

2297 Niels Bohr Ct., Suite 204

San Diego, CA 92154

FMCSA Lockbox Addresses

FOR REGULAR DELIVERY:

Federal Motor Carrier Safety Administration

P.O. Box 70935

Charlotte, NC 28272-0935

FOR EXPRESS MAIL ONLY:

QLP Wholesale Lockbox - NC0810

Lockbox #70935

1525 West WT Harris Blvd.

Charlotte, NC 28262

5. Providing Proof of Insurance - The applicant does not have to submit evidence of insurance with the application. However, if the applicant is issued a Certificate of Registration, the following must be on each of its vehicles when crossing the border:

a current DOT Form MCS-90, and
an insurance identification card, binder or other documents issued by an authorized insurer which specifies both the effective date and the expiration date of the insurance coverage.

6. Approval of the OP-2 Application - Applicants that have fully met the requirements for completing their OP-2 applications will be notified in writing by FMCSA that their application has been approved. The carrier will also receive: (1) a provisional Certificate of Registration that allows the carrier to operate in the commercial zones for a period of 18 months, and (2) a USDOT number.

7. Displaying the USDOT Number --The USDOT number must be displayed on both sides of any vehicle intended for use in the U.S. before operations can begin.

Operating With A Provisional Certificate of Registration

FMCSA has implemented a safety monitoring system and compliance initiative to help determine whether Mexico-domiciled carriers conducting operations between points in Mexico and the border commercial zones comply with applicable safety regulations and conduct safe operations. The two main components of this safety monitoring system are: 1) a safety assessment via a safety audit (usually on site), and 2) safety performance monitoring on U.S. highways via more frequent roadside inspections. Each of these elements is discussed below.

A. FMCSA Safety Audit -- All Mexico-domiciled carriers seeking a permanent Certificate of Registration to operate in the border commercial zones must undergo and pass an FMCSA-conducted safety audit. The safety audit consists of a review of the carrier's safety data, a review of requested motor carrier documents, and an interview session with the motor carrier's safety official by a trained safety auditor. The following steps describe this aspect of the application process.

1. Preparing for the Audit -- Mexico-domiciled carriers seeking a permanent Certificate of Registration to operate in the border commercial zones must receive and pass an FMCSA Safety Audit within the 18-month provisional period. FMCSA recommends that a Mexico-domiciled carrier do the following things to prepare for the audit:

- Attend the 1-day Mexican Carrier Seminar

2. Scheduling the Audit -- The FMCSA Division Office assigned to the carrier's business location will contact the carrier to schedule a mutually agreeable time and place for conducting the audit. FMCSA may conduct the audit on site at the carrier's place of business or at another mutually agreeable location. A letter will be sent to the carrier documenting when and where the safety audit will be held.

3. Participating in the Audit -- The objective of the safety audit is to both educate the carrier on compliance with the FMCSRs and HMRs and to determine areas where the carrier might be deficient in terms of compliance. The safety auditor will use a series of questions regarding the carrier's safety management practices and safety performance to ensure that all applicable acute and critical areas of the FMCSRs and HMRs are addressed. Areas covered include the qualification of drivers, driving a motor vehicle, hours of service, inspection, repair, and maintenance, transporting and marking hazardous materials, controlled substance and alcohol use and testing, commercial driver's license standards, and financial responsibility. At the end of the audit, the carrier will receive a report listing any deficiencies that may have been found along with recommendations for correcting those deficiencies. FMCSA will notify the carrier of the results of the audit (Pass or Fail) within 45 days after completion of the audit.

4. Passing the Audit -- If the safety audit reveals that the carrier is in compliance with the FMCSRs and has basic safety management controls in place that are functioning adequately, the carrier will receive a passing score. The Mexico-domiciled carrier's provisional Certificate of Registration will remain in place and its performance will be closely monitored by the FMCSA until the end of the 18-month period.

5. Failing the Audit -- If a carrier fails the audit due to severe safety problems, the lack of adequate safety management controls, and/or non-compliance with the FMCSRs, FMCSA will notify the carrier that it will suspend its registration effective 15 days after the service date of the notice unless the carrier demonstrates, within 10 days, that the safety audit contained material error. If the carrier fails to show a material error in the safety audit, FMCSA will then issue an Order suspending the carrier's provisional Certificate of Registration and notify the carrier that unless it presents evidence of necessary corrective action within 30 days from the service date of the Order, the carrier's provisional Certificate of Registration would be revoked.

B. Roadside Performance Monitoring -- During the 18-month period following issuance of a provisional Certificate of Registration, the FMCSA will track and assess the safety performance of Mexico-domiciled carriers on U.S. highways through a comprehensive roadside performance monitoring system. The major aspects of that system are presented below.

1. Using Expedited Action Letters to Alert Carriers to Safety Problems -- Mexico-domiciled motor carriers that commit certain violations discovered as part of roadside inspections or other means may be subject to an expedited safety audit (if the carrier has not already had one), a compliance review or issued an expedited action letter identifying the violations and directing the carrier to submit a written response demonstrating corrective action. The specific violations that may generate an expedited action letter include:

Using drivers not possessing, or operating without a valid Commercial Driver's License (CDL) or Licencia Federal de Conductor (LF);

Operating vehicles that have been placed out-of-service (OOS) for Commercial Vehicle Safety Alliance (CVSA) OOS violations without making required repairs;

Involvement in, due to carrier act or omission, a hazardous materials (HM) incident within the U.S. involving highway route controlled quantity of certain HM;

Involvement in, due to carrier act or omission, two or more hazardous materials incidents within the U.S.;

Using a driver who tests positive for drugs or alcohol or who refuses to submit to required drug or alcohol tests;

Operating within the U.S. a motor vehicle that is not insured as required by 49 CFR Part 387;

Having a driver or vehicle OOS rate of at least 50% based upon three inspections within a consecutive 90-day period.

Failure to respond to an agency request for a written response demonstrating corrective action within 30 days will result in suspension of the carrier's provisional Certificate of Registration until the required showing of corrective action is submitted to the FMCSA. Expedited safety audits and the use of expedited action letters will only apply during the 18-month monitoring period.

Operating With A Permanent Certificate of Registration

Mexico-domiciled carriers that demonstrate acceptable levels of safety performance and pass the safety audit will be notified that their Certificate of Registration has become permanent at the end of the 18-month provisional period. Once Mexico-domiciled carriers have been issued permanent Certificates of Registration, they will fall under the same safety requirements and operational procedures applied to U.S. and Canadian carriers.

Mark Commercial Motor Vehicles with Motor Carrier Name and USDOT Number

Every commercial vehicle must be marked on both sides of the vehicle with the motor carrier’s name and USDOT number.

All commercial motor vehicles (as defined in Section 390.5) added to a motor carrier’s fleet after July 3, 2000 and operated in interstate and foreign commerce, must meet the requirements mentioned below before being used on public roads in the U.S.

Carlos Trucking, Inc.

USDOT 123456

· The motor carrier's legal name or the trade name as listed on the Motor Carrier Identification Report

(Form MCS-150) and submitted to the U.S. DOT.

· The motor carrier's identification number issued by the

FMCSA, preceded by the letters "USDOT."

Note: If the name of any person other than the operating carrier appears on the commercial motor vehicle, the legal name or single trade name of the operating motor carrier, as listed on the Form MCS-150, must be displayed on the vehicle. The name and USDOT number for the operating carrier must be preceded by the words “Operated by.”

Don Amigo Van Lines

Operated By:

Carlos Trucking

USDOT: 123456

Size, Shape, Location and Color of Marking:

The marking must:

· appear on both sides of the self-propelled CMV vehicle

· be in letters that contrast sharply in color with the background on which the letters are placed;

· be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the commercial motor vehicle is stationary; and

· be kept and maintained in a manner that retains the legibility described above.

The marking may:

· be painted on the commercial motor vehicle, or

· consist of a removable device, if that device meets identification and legibility requirements.

· July 3, 2002 Deadline: All commercial motor vehicles that were part of a motor carrier’s existing fleet on July 3, 2000, and which are marked with an ICC/MC number must come into compliance by marking the vehicle with the motor carrier identification number issued by the FMCSA, preceded by letters “USDOT” no later than July 3, 2002.

· July 5, 2005 Deadline: All commercial motor vehicles that are part of a motor carrier’s existing fleet on July 3, 2000, and which are not marked with the legal name or the commercial name, as shown on the Motor Carrier Identification Report (Form MCS-150), on both sides of their commercial motor vehicles, must display the legal name or commercial name given on the Form MCS-150 no later than July 5, 2005.

· Vehicles added to a motor carrier’s fleet on and after July 3, 2000, must meet the requirements before being put into service.

Obtain Public Liability Insurance to Operate in the United States

Under the current regulations Mexican motor carriers registered to operate in the commercial zones of the United States are required to obtain insurance coverage for periods of 24 hours or longer in the amounts required under 49 CFR 387.11. Public liability means liability from bodily injury, property damage, and environment restoration. Mexican motor carriers are also required to possess and carry in the cab of the truck a completed motor carrier MCS-90 insurance endorsement form and an accompanying insurance identification card, binder or similar document indicating the dates of coverage issued by a qualified insurance carrier.

Mexican motor carriers authorized to operate beyond the commercial zones within the United States must have and maintain bodily injury public liability insurance in the amounts required under 49 CFR 387.303. The carrier does is required to have an insurance company file proof of insurance with FMCSA and must carry in its vehicles:

(1) Proof of acceptable evidence of required bodily injury and property damage insurance to cover the carrier's operation during the time it is in the United States, and

(2) Form MCS-90 endorsement document.

As required under 49 CFR 366.4, the carrier must file with FMCSA form BOC-3, process agent form (Agents of Process) before a certificate of registration is issued.

The FMCSA does not furnish copies of insurance forms. For more information on the minimum levels of financial responsibility, you may call (202) 358-7028 or (202) 358-7029.

Minimum Levels of Financial Responsibility (FMCSRs, Part 387)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/387menu.htm

Motor Carriers of Property

Motor carriers of property operating commercial motor vehicles in interstate, foreign or intrastate commerce, and for-hire carriers of passengers operating in interstate or foreign commerce must have at least the minimum amount of insurance required by law.

Type of Carriage : For hire (in interstate or foreign commerce, with a gross vehicle weight rating of 10,000 or more pounds)

Commodity Transported: Property (non-hazardous)

Amount: $750,000

Type of Carriage: For hire and private (in interstate or foreign commerce, with a gross vehicle weight rating of 10,000 or more pounds)

Commodity Transported: Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, Division 2.3, hazard zone A, or division 6.1 Packing Group 1, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of Class 7 material, as defined in 49 CFR173.403

Amount: $5,000,000

Type of Carriage: For hire and private (in interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,000 or more pounds);

Commodity Transported: Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (2) above or (4) below

Amount: $1,000,000

Type of Carriage: For hire and private (in interstate or foreign commerce, with a gross vehicle weight rating of less than 10,000 pounds)

Commodity Transported: Any quantity of Class A or B explosives; any quantity of poison gas (Poison A); or highway route controlled quantity radioactive materials as defined in  173.455.

Amount: $5,000,000

Passenger Carriers

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/38733.htm#387.33

Schedule of Limits, Public Liability for hire motor carriers of passengers operating interstate or foreign commerce. Financial Responsibility, Minimum Levels:

Vehicle Seating Capacity

· Any vehicle with a seating capacity of 16 passengers or more $5,000,000

· Any vehicle with a seating capacity of 15 passengers or less 1,500,000

[except as provided in 387.27(b)]

Comply with all Federal Motor Carrier Safety Regulations

The following provides highlights of the FMCSRs. To review all the FMCSRs, visit our Web site at www.fmcsa.dot.gov/rulesregs/FMCSRs/FMCSRsguide.htm

These regulations include rules regarding Controlled Substances and Alcohol Use and Testing; Commercial Driver's License Standards, Requirements and Penalties; Safety Fitness Procedures; Rules of Practice for Motor Carrier Safety and Hazardous Materials Proceedings; Minimum Levels of Financial Responsibility for Motor Carriers; Filing of Identification Report and Marking of Vehicles; General Qualifications of Drivers; Driving of Commercial Motor Vehicles; Parts and Accessories Necessary for Safe Operation; Hours of Service of Drivers; Inspection, Repair and Maintenance; Transportation of Hazardous Materials; Driving and Parking Rules and Transportation of Migrant Workers.

The following sections contain highlights from these regulations. Again, although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. This document only paraphrases the Federal Motor Carrier Safety Regulations published in Title 49 of the U.S. Code of Federal Regulations. The contents may not be relied upon as a substitute for the official text. The regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

General Requirements (FMCSRs, Part 390) www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/390menu.htm

The Federal Motor Carrier Safety Regulations apply to all employers, employees, and commercial motor vehicles transporting property or passengers in interstate commerce.

How does the FMCSA define a commercial motor vehicle? Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

· Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

· Operator of vehicles designed or used to transport between 9 and 15 passengers are currently required to file the Form MCS-150, mark their vehicles with USDOT number, and maintain an accident register. These operators are not subject to the safety regulations at this time.

· Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

· Is used in transporting a quantity of hazardous material requiring placarding.

Qualification of Drivers (FMCSRs, Part 391)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/391menu.htm

Motor carriers must assure that all drivers of commercial motor vehicles meet the minimum qualifications:

· Must be at least 21 years of age [391.11(b)]

· Speak and read English well enough to converse with the general public, understand highway traffic signs and signals, respond to official questions, and be able to make legible entries on reports and records [391.11(b)]

· Can safely operate the type of commercial motor vehicle he/she is assigned [391.11(b)]

· Know how to safely load and properly block, brace, and secure the cargo [392.9]

· Have only one valid commercial motor vehicle operator’s license or Licencia Federal

· Pass a driver’s road test or equivalent [391.11(b)]

· Is physically qualified to drive and possess a valid medical certificate (The medical is part of the Licencia Federal. It is not necessary to carry a separate medical certifying document) [391.41]

· Is not "disqualified" (See 383.51 and 391.15) to drive a commercial motor vehicle [391.11(b)]

· Motor carriers must keep driver qualification files for each regularly employed driver [391.51]

Commercial Driver’s License Standards (FMCSRs, Part 383)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/383menu.htm

Part 383 sets standards that:

· require commercial drivers to be properly qualified, and

· to hold a single valid driver’s license (CDL); and

· that disqualifies drivers who do not operate Commercial Motor Vehicles (CMV) safely.

The United States recognizes the International Licencia Federal in place of the U.S. Commercial Driver’s License (CDL) requirements in the U.S. Visit the FMCSA Web site at www.fmcsa.dot.gov/safetyprogs/cdl.htm or refer to the FMCSRs Part 383.

Drivers must hold a CDL (or Licencia Federal) if they operate in interstate, intrastate or foreign commerce and drive a vehicle [383.23] that meet any of the following criteria - -

· With a gross combination weight rating of 11,794 kg (26,001 pounds) or more, inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kg (10,000 pounds)

· With a gross vehicle weight rating of at least 26,001 pounds

· Designed to transport at least 16 passengers including the driver

· Transporting a quantity of hazardous materials requiring placarding

Drivers must notify their employers in writing when they are convicted of a traffic violation [383.31]

Drivers will be disqualified from driving when convicted of any of the following violations: [383.51]

· Driving a commercial vehicle under the influence of alcohol, a disqualifying drug or other controlled dangerous substance

· Leaving the scene of an accident that involves a commercial vehicle

· Using a commercial vehicle to commit a felony

· Using a commercial vehicle to commit serious traffic violations

· Using a commercial vehicle to violate an Out-of-Service order

· Using a commercial vehicle to violate a Federal, State or local law or regulation pertaining to certain offenses at a railroad-highway grade crossing

Controlled Substances and Alcohol Use and Testing Regulations (FMCSRs, Part 382) www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/382menu.html

Part 382 sets standards that: require employers and commercial motor vehicle drivers to establish and participate in a controlled substance and alcohol testing program. The purpose of the program is to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

Employers and drivers must comply with the controlled substances and alcohol testing regulations if they operate a commercial motor vehicle in commerce in any State, [382.103a], and is subject to:

· The commercial driver's license requirements of Part 383 [382.103(a)(1)]

· The Licencia Federal requirements [382.103(a)(2)]

Employers shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in Part 40 (Procedures for Transportation Workplace Drug Testing Programs). The provision of Part 40 of this title are applicable to employers by Part 382 [382.105] www.dot.gov/ost/dapc/regulations.html

Service Agents Public Interest Exclusion prohibits employers from using service agents who are banned by the U.S. Department of Transportation from performing drug and alcohol testing for DOT regulated entities [382.117]

Stand-down Waiver Provision Employers may seek a waiver to stand down an employee before the MRO has completed the verification process as long as the employer complies with the procedures in 49 CFR 40.21 [382.119

Prohibitions Drivers and employers must not violate the prohibitions in Subpart B of Part 382:

· Prohibitions referring to alcohol misuse [382.201- 382.209]

· Prohibition for refusing to submit to an alcohol or controlled substance test [382.211]

· Prohibitions referring to controlled substances use [382.212- 382.215]

Types of Testing Employers and drivers must ensure the following types of testing are conducted as required by Subpart C of Part 382:

· Pre-Employment. Prior to the first time a driver performs a safety sensitive function, the driver must undergo a pre-employment controlled substance test and the employer be in receipt of a confirmed negative test result [382.301] NOTE: The August 1, 2001 Final Rule, allows employers to conduct voluntary pre-employment alcohol testing pursuant to the employer testing in accordance with the provisions in 49 CFR Part 40

· Post Accident. As soon as practicable following an accident involving a commercial motor vehicle operating on a public road in commerce, the employer shall test the surviving driver for alcohol and controlled substances [382.303]

· Random. Every employer and every driver must comply with the random testing requirements [392.305]

· Reasonable Suspicion. Employers shall require drivers to submit to an alcohol or controlled substance test when the employer has reasonable suspicion to believe the driver has violated the prohibitions [382.307]

· Return-to-Duty. Employers shall ensure that before a driver returns to duty requiring the performance of a safety sensitive function after engaging in prohibited conduct, the driver undergoes a return to duty alcohol and/or controlled substance test [382.309]

· Follow-Up. Employers must ensure that a driver who needs assistance in resolving problems associated with alcohol misuse or controlled substance use is subject to unannounced follow-up testing [382.311]

Record Keeping. Employers shall maintain records of its alcohol misuse and controlled substances use prevention programs [382.401]

· Employers shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs [382.403]

· If notified, employers shall prepare and submit annual calendar year summary information [382.403(b)

Previous Driver Alcohol and Controlled Substance History. Employers shall inquire about a driver's alcohol and controlled substances history from previous employers during the preceding two years [40.25]

Educational Material. Employers shall provide educational materials that explain the controlled substances and alcohol testing requirements [382.601]

Supervisor Training. Employers shall ensure designated supervisors receive 60 minutes of training for alcohol and 60 minutes of training for controlled substances in order to recognize physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances [382.603]

Referral to Substance Abuse Professional. Drivers who engage in prohibited conduct of the drug and alcohol testing regulations must be referred to a substance abuse professional and comply with subsequent treatment or educational recommendations [49 CFR Part 40, Subpart O]

Driving Motor Vehicles (FMCSRs, Part 392)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/392menu.htm

· No driver can operate when fatigued or ill [392.3]

· No driver can possess, be under the influence, or use drugs, legal or illegal, that makes driving unsafe [392.4]

· Drivers are prohibited from consuming or being under the influence of alcohol within 4 hours of going on-duty, and at any time while on-duty. Drivers are prohibited from being in possession of alcohol while on duty. [392.5]

· Cargo must be properly loaded and secured [392.9]

· Drivers of buses transporting passengers and vehicles transporting certain classes or divisions of hazardous materials must stop at railroad crossings and ensure that no trains are coming, before proceeding. Also, drivers of these vehicle must not shift gears when traversing railroad tracks [392.10]

· Drivers must wear seatbelts when operating a commercial motor vehicle. [392.16]

· Emergency signals must be used when stopped on a shoulder or highway [392.22]

· Warning devices must be placed in specific locations [392.22b]

· Motor carriers/drivers shall not use radar detectors [392.71]

Hours of Service (General) (FMCSRs, Part 395)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/395menu.htm

11-Hour Rule [395.3]

· Motor carriers must not permit or require drivers to drive, and drivers must not operate their vehicles, more than 11 hours following 10 consecutive hours off duty.

14-Hour Rule [395.3]

· Motor carriers must not permit or require drivers to drive, and drivers must not operate their vehicles, for any period after being on duty 14 hours following 10 consecutive hours off duty.

60/70-Hour Rules [395.3]

· Motor carriers must not permit or require a driver to drive, and drivers must not operate their vehicles for any period after being on duty
· 60 hours in any 7 consecutive days if the motor carrier does not operate commercial motor vehicles every day of the week.
· 70 hours on duty in 8 consecutive days if the motor carrier does operate commercial motor vehicles every day of the week.
· An off duty period of 34 or more consecutive hours may restart a driver’s 7 or 8 consecutive day period as long as the driver has not exceeded 60-70 hours on duty.

16-hour Exception - A property-carrying CMV driver may extend the 14-hour on-duty period by 2 additional hours once every 7 days if they:

• Have been released from duty at their normal work reporting location for the previous 5 duty tours;
• Are released from duty at their normal work reporting location within 16 hours after coming on duty following 10 consecutive hours off duty; and
• Have not taken this exemption within the previous 6 consecutive days, except following a 34-hour restart of a 7/8-day period.

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time must include:

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All driving time as defined in the term driving time;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post‑accident, or follow‑up testing required by Part 382 of this subchapter when directed by a motor carrier;

(8) Performing any other work in the capacity, employ, or service of a motor carrier; and

(9) Performing any compensated work for a person who is not a motor carrier.

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

Off-Duty: Meals and other routine stops made during a tour of duty as may be recorded as off‑duty time provided:

(1) The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

(2) The duration of the driver's relief from duty must be a finite period of time, which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.

(3) If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver, prior to the driver's departure, in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.

(4) During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

Parts & Accessories Necessary for Safe Operations (FMCSRs, Part 393)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/393menu.htm

Every commercial motor vehicle must be equipped with certain standard equipment. Other (optional) equipment or accessories are permitted only if these items do not decrease the operational safety of the vehicle.

Lights

Part 393 specifies the required color, position, and types of lamps and reflectors for commercial motor vehicles. All lamps and reflectors for commercial motor vehicles manufactured after March 7, 1989 must meet the requirements of the National Highway Traffic Safety Administration's ( NHTSA) Federal Motor Vehicle Safety Standard (FMVSS) No. 108 (49 CFR 571.108) in effect on the date of manufacture. Lamps and reflectors on commercial motor vehicles manufactured on or prior to March 7, 1989 must meet either the requirements of Part 393 or of FMVSS No. 108 that were in effect on the date of manufacture.

Certain trailers manufactured on or after December 1, 1993, must have red and white retroreflective sheeting or additional reflex reflectors to make them more visible to other motorists under conditions of reduced visibility. Trailers manufactured before December 1, 1993 are required to be retrofitted with retroreflective sheeting or additional reflectors as of by June 1, 2001. [393.11]

Intermodal container chassis manufactured before December 1, 1993, are required to have been retrofitted as of December 1, 2001.

· All required lamps must light on request at an inspection and must light when required during regular operation of the vehicle.

· All lamps must be permanently and securely mounted on a permanent part of the vehicle. The exceptions are temporary lamps, such as those used in a driveaway‑towaway operation or mounted on projecting loads. Temporary lamps must be securely attached.

Brakes

Commercial motor vehicles must be equipped with the following brake systems:

· A service brake system that meets the requirements of 49 CFR 393.52, which specifies braking and holding performance.

· A parking brake system that meets the requirements of 49 CFR 393.41, which specifies parking brake activation and the method for holding the brakes in the applied position.

· An emergency brake system that conforms to the requirements of 49 CFR 393.52 and consists of either (1) emergency features of the service brake system or (2) a system separate from the service brake system.

Every commercial motor vehicle must be equipped with brakes acting on all wheels, with the following exceptions:

· Trucks and truck tractors with three or more axles, manufactured before July 25, 1980, are not required to have steering axle brakes.

· Vehicles being towed in a driveaway‑towaway operation. (However, the towed vehicle must have brakes in operation if the brakes on the towing vehicle are not capable of stopping the combination vehicle under the conditions covered by Section 393.52)

· Any full trailer, semitrailer, or pole trailer having a gross weight of 3,000 pounds or less, provided the trailer weight does not exceed 40 percent of weight of the towing vehicle.

Breakaway and Emergency Braking

Every vehicle used to tow a trailer equipped with brakes must have a means of maintaining the operation of the brakes on the towing vehicle in the event that the trailer breaks away from the towing vehicle. Among the other requirements:

· Every truck or truck tractor equipped with air brakes, when used to tow other vehicles equipped with air brakes, must be capable of activating (manually and automatically) the emergency features of the trailer brakes. The brakes must apply automatically when the towing vehicle air supply pressure is between 20 and 45 psi. The manual control must be operable by the driver from the driver's seat, with seat belt in use. Every trailer is required to be equipped with brakes that apply automatically if the trailer breaks away from the towing vehicle*. The brakes must remain in the applied position for at least 15 minutes.

Brake System Warning Indicators

Buses, trucks, and truck tractors must be equipped with a signal that provides a warning to the driver when a failure occurs in the vehicle's service brake system. This signal requirement covers hydraulic brake systems, air brake systems, vacuum brake systems, and hydraulic brakes applied or assisted by air or vacuum.

Brake Tubing and Hose

Safe and reliable operation of a vehicle's brakes depends upon adequate protection of the tubing and hoses from mechanical and other damage.

· Hoses and tubing must meet FMVSS No. 106

· Design and construction of brake tubing and hose must ensure proper, adequate, and continued functioning.

· Installation must ensure proper functioning of the hose. Length and flexibility must accommodate all normal motions of the parts to which the hose is attached.

· Protection against mechanical damage must include protection against chafing and kinking.

· Protection from high temperature must include protection from or location away from exhaust pipes and other sources of high temperatures.

Windshield Condition

A vehicle's windshield must be free of discoloration and cracks in the area extending from the top of the steering wheel to within two inches of the top of the windshield.

Window Construction - Emergency Exits on Buses

Trucks and truck tractors must have windows on the doors to meet the minimum size requirements

Buses must have emergency exits that meet the NHTSA's requirements under FMVSS No. 217. [393.61]

Fuel Systems and Fuel Tanks

Fuel systems used for the operation of commercial motor vehicles and of auxiliary equipment installed on or used in connection with commercial motor vehicles must meet the following requirements. [393.65]

Each fuel system must be located so that:

· No part of the system extends beyond the widest part of the vehicle.

· No part of a fuel tank is forward of the front axle or a power unit.

· Fuel lines do not extend between a towed vehicle and the towing unit while the combination is in motion.

· No part of the fuel system of a bus manufactured on or after January 1, 1973, is located within or above the passenger compartment.

Liquid fuel tanks must meet manufacturing standards contained in § 393.67.

LPG fuel tanks must meet requirements of § 393.69.

Coupling Devices

Sections 393.70 and 393.71 provide requirements for the attachment and location of the fifth wheel and requirements for the towing of full trailers. In addition, requirements for saddle mount operations are provided.

Cargo Securement

Sections 393.100‑393.106 provide the standards covering cargo securement. Cargo is required to be loaded and secured so that it will not shift or fall off the vehicle. The cargo securement regulations include minimum strength requirements for securement devices and requirements for protection against longitudinal and lateral movement of the cargo. In addition, Section 393.106 covers headerboards.

Miscellaneous Parts and Accessories

Tires [393.75]

Tires used on commercial motor vehicles must meet specific safety standards. No tire that is in use on a commercial motor vehicle may have any of the following defects:

· Body ply or belt material exposed through the tread or sidewall

· Tread or sidewall separation

· Audible leak (or flat)

· A cut exposing the ply or belt material

· A tread groove pattern depth of less than 4/32 of an inch (front tires) or 2/32 of an inch (other tires)

· Regrooved tires on front wheels of trucks or truck tractors, which have a load carrying capacity equal to or greater than 2,232 kg (4,920 pounds).

· Regrooved, recapped, or retreaded tires on the front wheels of buses are prohibited.

Sleeper Berths [393.76]

Sleeper berths must meet minimum dimensions. A sleeper berth must not be installed on a trailer and must be located in or adjacent to the cab. An exit door at least 18" high by 36" wide must lead directly into the cab.

Sleeper berths must be equipped with adequate sheets and blankets, and a mattress and springs or innerspring mattress. They must be adequately ventilated, and located so as to protect occupants against exhaust heat and fumes and fuel leaks. A mandatory restraint system must withstand at least 2,221 kg (6,000 lbs.) of force applied toward the front of the vehicle.

Exhaust Systems [393.83]

Exhaust systems must meet the following requirements:

· The exhaust system and discharge must be located where it is not likely to burn or damage the electrical wiring, the fuel supply, nor any combustible part of the vehicle.

· The discharge from the exhaust system must not be located immediately below the fuel tank or the fuel tank filler pipe.

· The exhaust system may not be temporarily repaired with patch or wrap material.

· The exhaust pipe and mufflers must be securely fastened to the vehicle.

· The exhaust system may not leak or discharge at any point forward of or directly below the driver or sleeper compartment.

· For trucks and truck tractors, the exhaust system must discharge at a location to the rear of the cab, or above and near the rear of the cab.

· For a bus powered by a gasoline engine, the exhaust pipe must discharge at a point no farther forward than six inches forward of the rearmost part of the bus.

· For a bus powered by diesel or other fuel (not gasoline), the exhaust pipe must discharge either:

• At a point no farther forward than 15 inches forward of the rearmost part of the bus, or

• To the rear of all doors or windows designed to be open (not including emergency exits).

Rear Impact Guards (Rear Bumpers) [393.86]

Every commercial motor vehicle must be equipped with either bumpers or other devices that prevent other vehicles from going under the rear of the trailer. Tractors, pole trailers, and vehicles being delivered in a driveaway‑towaway operation are exempt. Certain trailers manufactured on or after January 26, 1998 must have rear impact guards that meet Federal Motor Vehicle Safety Standards (FMVSS) Nos. 223 & 224.

Seat Belts

Commercial motor vehicle must be equipped with seats, seat belt assemblies, and seat belt anchorages as specified in the Federal Motor Vehicle Safety Standards (FMVSS).

Emergency Equipment

Commercial motor vehicles must carry the following emergency equipment:

· Fire extinguisher (not required for driveaway‑towaway operations)

· Spare fuses

· Warning devices for stopped vehicles (triangles that meet FMVSS No. 125, or fusees that meet UL 912) [393.95]

· Fire extinguishers must be securely mounted and readily accessible for use. Each extinguisher must have a gauge or other indicator that shows whether the extinguisher is fully charged, and a label showing its Underwriters' Laboratories (UL) rating. The fire extinguisher(s) must meet one of the following standards:

· One extinguisher with a UL rating of 5 B:C or more or

· Two extinguishers each with a UL rating of 4 B:C or more.

· One extinguisher with a UL rating of 10 B:C, if the vehicle is transporting placardable quantities of hazardous material.

Frames, Cab and Body Components, Wheels, Steering, and Suspension Systems

Suspension systems are required to be structurally sound and in safe working order, including the following:

· Axles must be in proper alignment, and no positioning part can be cracked, broken, loose, or missing.

· Adjustable axles must have locking pins in place.

· Leaf springs must not be cracked, broken, missing, or shifted out of position.

· Coil springs must not be cracked or broken.

· Torsion bars must not be cracked or broken.

· Air suspensions must support the vehicle in a level position, and must not leak.

Steering system must be in proper working order, which includes the following:

· Steering wheel must be properly secured and no cracked or missing spokes

· Steering wheel lash must meet the requirements of Section 393.209

· Steering column must be securely fastened

· Steering system must not have worn or welded universal joints, loose steering gear box, missing bolts, or a loose pitman arm on the steering gear output shaft.

· Power steering unit must not have loose or broken parts, frayed, cracked, or slipping belts; leaks; or insufficient fluid in reservoir.

NORTH AMERICAN STANDARD CRITICAL ITEM INSPECTION PROCEDURE
HOW TO PASS THE LEVEL I CRITICAL ITEM INSPECTION AND GET A CVSA DECAL
This procedure should be conducted with two people - one at the vehicle controls and one conducting the Inspection
For more details information - see the written procedures contained in the
North American Standard Level I Inspection Procedures

STEP 1 - CHOOSE THE INSPECTION SITE

Select a safe location, preferably a paved, level surface away from traffic and able to support the weight of the vehicle.

STEP 2 - INSPECTION PREPARATION

Turn off the engine, put transmission in neutral, release all brakes, leave ignition in the on position. Check seat belt condition. Check the cab area for possible illegal presence of alcohol, drugs, radar detector, weaponms or other contraband.

STEP 3 - CHECK CARGO TANK

Retest requirements, internal valves, tank authorization, manhole covers, discharge valves, tank integrity, support & anchoring requirements.

STEP 4 - INSPECT FRONT OF TRACTOR

Head lamps, turn signals, (do not use four way flashers to check turn signals. They will override inoperative turn signals.) Check for improper color, operation, mounting, and visibility.

STEP 5 - INSPECT LEFT FRONT SIDE OF TRACTOR

Left front wheel and rim.
Left front tire.

STEP 6 - INSPECT LEFT SADDLE TANK AREA

Left fuel tank area.
Exhaust system.

STEP 7 - INSPECT TRAILER FRONT

Air and electrical lines.

STEP 8 - CHECK LEFT REAR TRACTOR AREA

Wheels, rims and tires.
Lower fifth wheel.
Upper fifth wheel.
Sliding fifth wheel.
Lamps.

This is an image of a Trailer inspection steps

STEP 9 - INSPECT LEFT SIDE OF TRAILER

Frame and body.
Condition of hoses.
Van and open-top trailer bodies.

STEP 10 - LEFT REAR TRAILER WHEELS

Wheels, rims and tires.
Sliding tandem.

STEP 11 - REAR OF TRAILER

Tail, stop, turn signals and lamps on projecting loads.
Cargo securement.

STEP 12 - INSPECT DOUBLE AND TRIPLE TRAILERS

If a second and/or third trailer are attached, repeat all applicable inispection items in previous steps for wheels, tires, frame, suspension, brake lights, van trailers, and cargo securement. It may be necessary to start and stop engine.
SAFETY DEVICES - FULL TRAILERS, CONVERTER DOLLIES
Check the safety devices (chains/wire rope) for sufficient number, missing components, improper repairs, and devices that are incapable of secure attachments. Inspect pinntle hook, eye and drawbar for cracks, excessive movement, and improper repairs.

STEP 13 - INSPECT RIGHT REAR TRAILER WHEELS

Check as in step 10..

STEP 14 - INSPECT RIGHT SIDE OF TRAILER

Check as in step 9.

STEP 15 - INSPECT RIGHT REAR TRACTOR AREA

Check as in step 8.

STEP 16 - INSPECT RIGHT SADDLE AREA

Check as in step 6.

STEP 17 - INSPECT RIGHT FRONT SIDE OF TRACTOR

Check as in step 5

STEP 18 - INSPECT STEERING AXLE

Steering system (both sides).
Front suspension (both sides).
Front axle.
Frame and frame assembly.
Front brakes (both sides).
Mark push rods (both sides).

STEP 19 - INPSECT AXLES 2 AND/OR 3

Same as step 18.

STEP 20 - INSPECT AXLES 4 AND/OR 5

Same as step 18.

STEP 21 - CHECK BRAKE ADJUSTMENT

Insure air pressure is between 90 and 100 p.s.i. Have driver/helper make a full brake application and measure push rods.

STEP 22 - TEST LOW AIR PRESSURE WARNING DEVICE

STEP 24 INSPECT TRACTOR PROTECTION SYSTEM

(This procedure test both the tractor protection valve and the emergency brake)

STEP 25 - CHECK STEERING WHELL LASH

STEP 26 - CHECK FIFTH WHEEL MOVEMENT

STEP 27 - COMPLETE THE INSPECTION

If any violations were found of any of the critical inspection items, the appropriate company officials should be informed of the violations and that repairs were made.

This is an image of the CVSA logo
Copyright 1997
Commercial Vehicle Safety Alliance

For more information about the Commercial Vehicle Safety Alliance, write, call, fax, or e-mail to:

CVSA
5430 Grosvenor Lane, Suite 130
Bethesda, MD 20814
Phone: (301) 564-1623
Fax: (301) 564-0588
E-mail: cvsahq@cvsa.org

Be sure to check out our website at:
www.cvsa.org

Inspection, Repair, & Maintenance (FMCSRs, Part 396)

www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/396menu.htm

The Federal Motor Carrier Safety Regulations include requirements applicable to every interstate motor carrier, its officers, drivers, agents, representatives, and employers directly concerned with the inspection, repair and maintenance of commercial motor vehicles.

Every motor carrier must systematically inspect, repair, and maintain all commercial motor vehicles under its control. Motor carriers must maintain the following information for every vehicle they have controlled for 30 days or more:

· Identifying information, including company number, make, serial number, year, and tire size;

· A schedule of inspections to be performed, including type and due date

· Inspection, repair, and maintenance records

· Records of tests conducted on buses with push out windows, emergency doors, and marking lights.

These records must be retained for one year at the location where the vehicle is garaged, and maintained for six months after the vehicle leaves the carrier's control (via sale, trade-in, or scrap).

Roadside Inspection Report. When a commercial motor vehicle is inspected by a Federal, State, or local official at the roadside, the driver who receives the report must deliver it to the motor carrier. An official of the motor carrier must examine the roadside inspection report and ensure that any violations or defects noted on the report are corrected. Within 15 days after the inspection, the carrier must sign the completed roadside inspection report to certify that all violations have been corrected, and then return it to the indicated address. A copy must be retained for 12 months from the date of inspection.

Post Trip Report. Every carrier must require its drivers to prepare a daily written post-trip inspection report at the end of each driving day. Every driver is responsible for preparing such a report for each vehicle driven. This report must cover at least the following parts and accessories:

· Service brakes (including trailer brake connections)

· Parking (hand) brake

· Steering mechanism

· Lighting devices and reflectors

· Tires

· Horn

· Windshield wipers

· Rearview mirrors

· Coupling devices

· Wheels and rims

· Emergency equipment

The report must list any condition that the driver either found, or had reported to him/her that would affect safety of operation or cause a breakdown. If no defect or deficiency is reported or found, the report should state this. The driver must sign the report in all cases.

Before dispatching the vehicle again, a carrier must certify that any defect or deficiency has been corrected, or that the defect or deficiency does not require immediate correction. Carriers must keep the original post-trip inspection report and the certification of repairs for at least three months from the date of preparation.

Pre-Trip Safety Assurance. Before starting out, the driver must be satisfied that the motor vehicle is in safe operating condition. If the last vehicle inspection report notes any deficiencies, the driver must review and sign to acknowledge that necessary repairs have been completed.

Periodic Inspection. Every commercial vehicle, including each unit in a combination vehicle (e.g., truck tractor, trailer, converter dolly, etc.) requires periodic inspection that must be performed at least once every 12 months. At a minimum, inspections must include all items enumerated in the Minimum Periodic Inspection Standards, Appendix G to Subchapter B. Carriers may perform required annual inspections themselves. The original or a copy of the periodic inspection report must be retained by the motor carrier for 14 months from the report date. In addition, documentation (report, sticker, or decal) of the most recent periodic inspection must be kept on the vehicle.

Comply with Federal Hazardous Material Regulations

Transport of Hazardous Materials

A motor carrier that transports a hazardous material, must comply with the Federal Hazardous Materials Regulations, 49 CFR 171-180. See "How to Comply With the Hazardous Materials Regulations" at www.fmcsa.dot.gov/safetyprogs/fhmr/English/HazMat%20(Eng)_index.htm (English HTML version), www.fmcsa.dot.gov/pdfs/HazMat%20Comply_Eng.pdf (English PDF version); www.fmcsa.dot.gov/safetyprogs/fhmr/Espanol/HazMat%20(Sp)_index.htm (Spanish HTML version), www.fmcsa.dot.gov/pdfs/HazMat%20Comply_Sp.pdf (Spanish PDF version). The HM regulations cover the following basic areas:

· Shipper requirements

· Carrier requirements

· Proper Shipping names

· Classifications

· Identification numbers

· Shipping papers

· Package marking

· Authorized packages

· Labeling

· Placarding

· Emergency response information

· Training
· Security Requirements

· Loading & unloading

· In addition, there are more requirements in the Federal Motor Carrier Safety Regulations which include insurance requirements, operational restrictions, Commercial Drivers License endorsements, routing, parking, and attendance requirements for hazardous materials www.fmcsa.dot.gov/rulesregs/FMCSRs/regs/397menu.htm

For more information on transporting Hazardous Materials, visit the main DOT HM Web site at http:\\hazmat.dot.gov or call 1-800-HMR-4922

Emergency Procedures

Transporters are required to know the Federal and state emergency procedures if they have a spill or accidental release of hazardous and dangerous substances, including oil. Transporters should call 911 to report all spills to the local emergency authorities and be familiar with state law and state reporting requirements. Transporters should also call the National Emergency Response Hotline at 1-800-424-8802 for certain releases involving hazardous substances and oil that trigger the federal notification requirements under several laws. More information on the National Emergency Response Program may be found at: http://www.epa.gov/superfund/programs/er/nrs/nrsnrc.htm.

The regulations in 49 CFR § 171.15 and 171.16 govern these situations. Two phases of incident reporting are required in the U.S. Hazardous Materials Regulations. Section 171.15 covers immediate telephonic notification following an incident and § 171.16 outlines written reporting procedures; both sections are available to view online at http://hazmat.dot.gov/spills.htm. Also available are the Incident Report Form 5800.1, a guidance document for preparing incident reports, the 2000 Emergency Response Guidebook, and tabular summaries of hazardous materials incidents by mode, year, state, hazard class, etc.

Transporters Importing Hazardous Waste

1. EPA I.D. Number: All transporters of hazardous waste must have a valid EPA I.D. number. A transporter can obtain an EPA I.D. number by using EPA Form 8700-12. Transporters may receive an EPA I.D. number from the EPA Regional Office for the state in which the waste first enters the United States. For more information, call EPA's RCRA Information Hotline at 800-424-9346 or 703-412-9810.

2. DOT HM Regulations: The transporter must comply with DOT HM regulations. (See 49 CFR Parts 170-180.).

3. Manifest Requirements: A U.S. importer who transports, or offers for transportation, hazardous waste for offsite treatment, storage or disposal must prepare a U.S. Uniform Hazardous Waste Manifest (EPA Form 8700-22A), as required by 40 CFR § 262.20. The manifest is the key document, required by regulatory agencies, to accompany hazardous waste shipments.

Manifesting requirements for imported waste (40 CFR § 262.60) are similar to domestic manifesting requirements, except that the manifest must also contain:

· Valid U.S. Importer's EPA ID number;

· Complete name and address of both U.S. importer and foreign generator in the "Generator's Block";

· Signature of the U.S. importer or his agent in the "Generator's Certification" Block; and

· Signature of the initial transporter.

The manifest form used to ship imported waste must be from the state where the final destination is located, if that state supplies a manifest. If the state of the final destination does not supply a manifest, use the manifest from the state of import or use the "Uniform Hazardous Waste Manifest" (EPA Form 8700-22A).

State Requirements: States may have additional requirements governing the transportation and disposal of hazardous waste. Transporters must be familiar with the state laws in which they operate. For a list of state contacts regarding hazardous waste laws, call EPA's RCRA Information Hotline at 800-467-4922 or 202-366-4488.

Transporter Exporting Hazardous Waste from the United States

1. While a Shipment is in Transit in the United States: If a motor carrier is transporting hazardous waste for export, the motor carrier must have a manifest and the acknowledgment of consent from the importing and transit countries. It is the exporter’s responsibility to submit to EPA Headquarters in Washington, D.C., a notification of intent to export. This notification describes the type and amount of waste, its itinerary, the number of shipments expected, and the period during which the shipments will occur. EPA forwards this notification to the government(s) of all concerned countries. The government of the importing country must consent to the shipment before it may proceed. The U.S. exporter may not allow a shipment to proceed unless EPA has notified it of the consent of the importing country, as well as that of any transit countries. For more information, call EPA's RCRA Information Hotline at 800-467-4922 or 202-366-4488.

2. Deposit of Manifest at the Border: The motor carrier must sign and date the manifest (block 15) upon leaving the U.S. with hazardous waste and deposit the manifest with U.S. Customs. 40 CFR § 263.20(g)(1) and (2).

Transporters Importing Pesticides.

Notice of Arrival Form: U.S. Customs regulations (19 CFR § 12.113) prohibit the importation of pesticides without a completed Notice of Arrival (NOA; EPA Form 3540‑1). The NOA is filled out by the importer prior to importation and submitted to the EPA regional office applicable to the intended port of entry. The NOA indicates the identity and amount of the product, the arrival date, and where the product can be inspected. The EPA‑reviewed and signed form is returned to the importer for presentation by the importer or his agent to U.S. Customs when the shipment arrives in the U.S. The motor carrier may be considered the importer's agent and, in many instances, can present a copy of the NOA to Customs on arrival to the U.S. Carrying a copy of the NOA with the shipment may help the motor carrier avoid unnecessary delays at the port of entry. After arrival, EPA may inspect the shipment for compliance with U.S. pesticide laws. NOA forms can be obtained from FIFRA contacts in the EPA Regional Offices. These contacts may be found at: http://www.epa.gov/oppfead1/international/noalist.htm.

Transporters Importing Toxic or Chemical Substances

United States Customs regulations (Title 19 §§ 12.118 to 12.128 and 12.728) and Toxic Substances Control Act Part 13 and 40 CFR Part 707 requires the importer of a chemical substance or mixture to certify that the shipment either complies with TSCA, or is not subject to TSCA. Importations will not be released from Customs custody unless proper certification is presented to Customs that the import "complies with" or "is not subject to" the requirements of the Toxic Substances Control Act, or if it is already identified as a food, drug, or active pesticide ingredient. Motor Carriers should work with the importers to ensure that Customs receives the proper certification and should always, where possible, have a copy of the certification to avoid unnecessary delays at Customs. For more information, contact the TSCA Assistance Information Office at (202) 554‑5603 or visit EPA's Office of Pollution Prevention and Toxics website at http://www.epa.gov/opptintr/international and EPA's Polychlorinated Biphenyls (PCBs) Homepage at http://www.epa.gov/opptintr/pcb/coordin.htm.

Transporters Importing Ozone Depleting Substances

The transporter or importer must present an EPA notice of approval to United States Customs for any Class I previously used ozone-depleting substance or for Class I exempt ozone depleting substance. Title 6 of the Clean Air Act bans the production, importation, distribution and sale of many Ozone Depleting Substances in the United States. 40 CFR § 82.4 bans generally all Class I substances in the U.S. including production and import. There are a few limited exemptions for essential use allowances including medical devices (metered dose inhalers) and aviation safety (solvent in solid rocket motors). With prior approval from EPA, recycled or previously used substances are not banned from importation nor are substances produced for export to various developing countries. Class II substances will begin phase-out in 2003. For more information, contact Lars Wilcut of EPA's Global Programs Division at 202-564-2411 or visit EPA's Ozone Depletion Resource Center at http://www.epa.gov/ozone/resource/center.html .

Hazardous Materials Registration Program

In 1990, the Federal hazardous materials transportation law required the Secretary of Transportation to establish a registration program to gather information about hazardous materials in transportation and to provide grants to support hazardous materials emergency response planning and training activities by State, territorial, tribal and local governments. As a result, RSPA established the Hazardous Materials Emergency Preparedness (HMEP) Grants Program. Emergency planning and training helps communities prepare for, and respond to, chemical spills, releases, and other hazardous materials emergencies that may occur. HMEP grants are funded by the Hazardous Materials Registration Program.

Approximately 3.2 million firefighters, emergency medical technicians, law enforcement officers, and other responders comprise the nation's emergency response community. Since 1992 over 800,000 emergency responders have been trained, in part, using funds from the HMEP Grants Program. New changes to the registration fee policy will permit the funding for emergency planning and training activities to increase to $12.8 million annually. This increase is necessary to more fully train emergency response personnel on all levels with the most advanced training materials and techniques available.

You must register before July 1 of each year or before engaging in any of the activities requiring registration, whichever is later. Both Federal and State authorities have the ability to enforce the registration requirement. Penalties may be assessed up to $27,500. If you have not registered in the past, or skipped a year, you may still register and pay the fee for that period without penalty. Registration began in 1992.

Registration forms and additional information may be obtained from: http://hazmat.dot.gov/register.htm

Hazardous Materials Publications:

Videos, training materials, fact sheets, newsletters, and other safety related information are available from RSPA. To obtain these materials:

Telephone: (202) 366-2301

Fax: (202) 366-7342

Email: TRAINING@rspa.dot.gov

Write: U.S. Department of Transportation; Research and Special Programs Administration; 400 Seventh Street, SW, DHM‑50; Washington, DC 20590‑0001

Hazardous materials training is provided to Federal, State, and local enforcement agencies, industry, and emergency response personnel. The major focus is on hazardous material compliance, enforcement, and emergency response. New emphasis is being placed on PC-based self-study programs through a CD-ROM modular training series. Classroom training is provided by the staff of the Transportation Safety Institute, Oklahoma City, Oklahoma, and at selected sites throughout the country.

Outreach Programs

RSPA sponsors the Cooperative Hazardous Materials Education (COHMED) program, Multimodal Seminars, and the Hazmat Safety Assistance Team (HMSAT). The Safety Assistance Team plans, coordinates, and implements hazmat safety program activities and provides advice concerning technical assistance, compliance and regulatory requirements to Federal, state and local governments, and the private sector. These outreach efforts encourage partnerships among agencies, industry, associations, public interest groups, and Native American tribes. Each supports national uniformity of regulations and enforcement activities and the safe transportation of hazardous materials by air, rail, highway, and water. Through RSPA's outreach programs, participants meet, obtain training in hazardous materials transportation, and discuss issues of mutual concern. For information call OHMIT at (202) 366-4900.

Hazardous Materials Information Center

By using our 800 telephone number (800-HMR-4922), you can obtain hazardous materials transportation information and copies of rulemakings and training materials, or report alleged violations of the HMR. INFO-CENTER specialists are on duty Monday through Friday from 9 AM to 5 PM Eastern standard time; however, you may call anytime, 24 hours a day, seven days a week, and leave a message. A specialist will return your call before the end of the next business day.

Hazardous Materials Internet Website

RSPA's Hazardous Materials Safety (HMS) Internet website http://hazmat.dot.gov is designed to disseminate information about the agency's programs and activities and to assist the hazmat community in complying with the Hazardous Materials Regulations (HMR). The website is updated monthly to reflect current HMS activities and includes: 49 CFR Parts 171-180, recent rulemakings, exemptions to the HMR, letters of clarification on the HMR, upcoming public meetings and conferences, international activities, frequently requested documents and files, the ERG, Incident Report Form DOT F 5800.1 and instructions, and Registration Program Form DOT F 5800.2.

Comply with all State Motor Carrier Safety and Economic Regulations

For information on safety requirements specific to each State refer to our "Links to State Governments" on the FMCSA Web site at www.fmcsa.dot.gov/links.htm#STGOV or contact each State Department of Motor Vehicle.

Regulations Only Applicable to Motor Carriers of Passengers

· Emergency Doors (Section 393.92)

If the bus is equipped with an emergency door, the door must be marked as an emergency exit. Emergency doors must also be identified by operating red lamps.

· Windows (Section 393.61 & 393.63)

A bus must have laminated safety glass or push out windows that must be marked as emergency exits.

· Commercial Driver's License (Part 383)

An operator must obtain a passenger endorsement to his or her CDL in order to operate a commercial motor vehicle that is a passenger vehicle.

· Safe Operation, Buses (392.62)

Rules must be followed regarding standees, aisle seats, and baggage and freight storage and securement in order for a bus to be legally operated.

· Towing or Pushing Loaded Buses (392.63)

Unless it would be safer to do so, no disabled bus with passengers may be towed or pushed.

· Buses, Driveshaft Protection (393.89)

There are protection standards for a driveshaft that extends lengthways under the floor of a passenger compartment of a bus.

· Buses, Standee Line or Bar (393.90)

A bus that is designed and constructed to allow standees must be marked with a standee line and have an explanatory sign.

· Buses, Aisle Seats Prohibited (393.91)

Aisle seats are prohibited unless they automatically fold and leave a clear aisle when unoccupied.

Crash Prevention

http://www.fmcsa.dot.gov/factsfigs/eta/index.html

FMCSA has a section in the Educational Assistance Package, which is designed to provide motor carriers and drivers with an introduction to the concepts of accident preventability analysis and accident countermeasures. The material suggests practical measures that can be taken now to prevent accidents, though its main intent goes further. The core of the presentation is a series of case histories of successful countermeasures. These are true stories of industry successes in promoting highway safety. The case histories are presented, together with a guide called Determining Preventability of Accidents, to help readers analyze accidents and create strategies to keep similar accidents from happening in the future.

www.fmcsa.dot.gov/factsfigs/eta/Counter.html

The FMCSA intends to stimulate thinking and discussion about accident preventability and prevention within the motor carrier industry. The preventability guide and the Accident Countermeasures cases are not rating sheets. They are guidelines and discussion tools to help carriers and drivers look at their unique operations and practices with an eye to identifying opportunities to make safety improvements.

State Requirements for Credentials

Fuel Taxes, Registration Fees, and Other Fees in the U.S. States

Motor carriers traveling throughout the United States are required to pay fees and taxes to states that support the construction and maintenance of roads and bridges upon which they travel. U.S. motor carriers pay these fees and taxes to jurisdictions based on mileage traveled and fuel consumed in each jurisdiction, or by purchasing a trip permit that allows them to travel in a jurisdiction for a predetermined amount of time.

Mexican carriers must obtain trip permits for each of the jurisdictions in which they travel.

(Alternatives to this requirement that would provide for Mexican Government participation in the International Registration Program or Mexican carriers participation in the program are under active development at the time this report is being written. Carriers should check for updates of this section prior to beginning operations.) Carriers entering any of the U.S. jurisdictions listed below must obtain these permits and should contact the agencies or services as listed.

NOTE: Many states use wire services or permit vendors who are authorized to issue trip permits. Permit vendors are usually located at truck stop or service centers. The following is a partial list of known wire services authorized to issue trip permits and their telephone numbers:

Transceiver 1-800-749-6058

Transcom 1-800-888-9101

CCIS 1-800-233-5588

Trans/Mid-America, Inc. 1-800-228-7577

Custom Permit Service Co. 1-800-669-5014

Xero-Fax, Inc. 1-800-937-6329

Interstate Permit Service 1-614-575-9490

Nova Permits & Pilot Cars 1-800-567-7775

ALABAMA

IRP Contact: Wire Services

IFTA Contact: Brenda R. Coone (334/353-7839)

ARIZONA

ERP Contact: Port of Entry

IFFA Contact: Oliver Robinson (602/712-7272)

ARKANSAS: IRP Contact: Office of Motor Vehicles (501/682-4651), Weigh Stations, Local

Revenue Office, Wire Service

IFTA Contact: Marion Andrews (501/682-4814)

CALIFORNIA

IRP Contact: Department of Motor Vehicles-IRP Section (916/657-7971)

IFTA Contact: Cindy Silvia (916/324-2180)

COLORADO: IRP Contact: Port of Entry, Colorado State Patrol (303/757-9539), One Stop Shop Operation (303/205-5968)

IFTA Contact: Motor Carrier Services (303/205-5602)

CONNECTICUT: IRP Contact: Department of Motor Vehicles-IRP Section (860/263-528 1), Wire Services, Weigh Stations

IFTA Contact: Richard LaRose (860/541-3216)

DELAWARE

IRP Contact; DE Motor Fuel Tax Administration (302/744-2701)

IFTA Contact: Information Services (302/744-2702)

FLORIDA

IRP Contact: Wire Services

IFTA Contact: Donna Thursby (850/488-6921)

GEORGIA

IRP Contact: Wire Services

IF'TA Contact: Department of Revenue (404/657-1592)

IDAHO

IRP Contact: Motor Carrier One Stop Shop (208/334-861 1), Weight and Vendor Stations

IFTA Contact: One Stop Shop (208/334-8692)

ILLINOIS

IRP Contact: Secretary of State- Commercial and Farm Truck Unit (217/785-1816), Wire Services

IFTA Contact: Motor Fuel Use Tax Section (217/785-1397)

INDIANA

IRP Contact: Bureau of Motor Vehicles, IRP Division (317/615-7200), Wire Services

IFTA Contact: Motor Carrier Services Division (317/615-7345)

IOWA

IRP Contact: Motor Carrier Services-IRP (515/237-3268), Regional Permit Centers, Vendor

Services

IFTA Contact: Motor Carrier Services (5151237-2364)

KANSAS: IRP Contact: Motor Carrier Services Bureau (758/291-3384), Motor Carrier Inspection Stations, Central Permit Office

IFTA Contact: Motor Fuel Tax Section (785/291-3898)

KENTUCKY

IRP Contact: Division of Motor Carriers (502/564-4120)

IFTA Contact: Donnie Hammond (502/564-4154)

LOUISIANA

IRP Contact: IRP Unit Commercial Vehicle Center (225/925-6335), Motor Vehicle District Branch Offices, Ports of Entry, Wire Services

IFTA Contact: Cinde Fontenot (225/925-7652)

MAINE

IRP Contact: Commercial Vehicle Center-IRP Section (207/624-9000 ext. 52135)

IFTA Contact: Debra Stuart (207/624-9000, Ext. 52136)

MARYLAND

IRP Contact: Motor Carrier Services (410/787-2975)

IFTA Contact: Thomas M. Faulkner, Jr. (410/260-7138)

MASSACHUSETTS

IRP Contact: Department of Motor Vehicles (617/351-9320), Wire Services

IFTA Contact: Carmine Santoro (617/887-6774)

MICHIGAN

IRP Contact: Secretary of State-IRP Unit (517/322-1097), Wire Services

IFFA Contact: Department of Treasury (517/373-3183)

MINNESOTA

IRP Contact: NIN Prorate Section (651/405-6161), Wire Services

IFTA Contact: General Information (651/405-6161)

MISSISSIPPI

IRP Contact: MS Department of Transportation Permit Division (601/359-1717), Port of Entry

IFTA Contact: Bill Kron (601/923-7152)

MISSOURI

IRP Contact: Highway Reciprocity Commission Office (573/751-6433)

IFTA Contact: Carol Corum (573/751-3671)

MONTANA

IRP Contact: Department of Transportation-Motor Carriers (406/444-7638), Port of Entry

Transceiver (1 -800-527-0665), Permit Agents (Not available at all truck stops)

IFTA Contact: Carolyn Knuckles (406/444-7629)

NEBRASKA

IRP Contact: Vendor Stations

IFTA Contact: Motor Carrier Services Division (888/622-1222 or 402/471-4435)

NEVADA

IRP Contact: Wire Services

IFTA Contact: Tax Section (775/684-4711)

NEW HAMPSHIRE

IRP Contact: Wire Services

IFTA Contact: Road Toll Division-Fuel Permits (603/271-2311)

NEW JERSEY

IRP Contact: Wire Services

IFTA Contact: Thomas Iannotti (609/633-9408)

NEW MEXICO

IRP Contact: Motor Transportation Division-Enforcement Bureau (505/827-0365)

IFTA Contact: Mary Robins (505/827-1005)

NEWYORK

IRP Contact: Department of Motor Vehicles-IRP Bureau (518/473-5834), Wire Services

IFTA Contact: Department of Taxation and Finance (800/972-1233)

NORTH CAROLINA

IRP Contact: NC Motor Vehicles -IRP Section (919/861-3720), Weigh Stations, Ports of En

IFTA Contact: Tasha Adair (919/733-8179)

NORTH DAKOTA

IRP Contact: Ports of Entry

IFTA Contact: Connie Skager (701/328-2928)

OHIO

IRP Contact: Wire Services

IFTA Contact: Jamelin G. Wilson (614/466-3522)

OKLAHOMA

IRP Contact: Oklahoma Tax Commission-IRP Division (405/521-3036), Local Tag Agencies

IFTA Contact: Fredd Grimes (405/521-3246)

OREGON

IRP Contact: Ports of Entry, DMV Offices, Transceiver, CCIS

IFTA Contact: IFTA Section (503/373-1634)

PENNSYLVANIA

IRP Contact: Wire Services

IFTA Contact: Bureau of Motor Fuel Taxes (800/482-4382)

RHODE ISLAND

IRP Contact: Division of Motor Vehicles-IRP Services Section (401/728-6692)

IFTA Contact: Lori Saravo (401/222-6317)

SOUTH CAROLINA

IRP Contact: Department of Public Safety-IRP Section (803/737-6620)

IFTA Contact: Motor Carrier Services Section (803/737-6620)

SOUTH DAKOTA

IRP Contact: SD Permit Center (605/698-3925), Ports of Entry

IFTA Contact: Angie Lang (605/773-5335)

TENNESSEE

IRP Contact: Wire Services

IFTA Contact: Carol Luther (615/253-2335)

TEXAS

IRP Contact: Department of Transportation-IRP Branch (512/374-5250) or (1-800-299-1700), Title and Registration Division Regional Offices, Central Permit Office

IFTA Contact: Kirk Davenport (512/463-3849)

UTAH

IRP Contact: Ports of Entry, Highway Patrol

IFTA Contact: Kevin L. Park (801/297-7670)

VERMONT

IRP Contact: Department of Motor Vehicles-IRP (802/828-2071)

IFTA Contact: Commercial Vehicles Operation Unit (802/828-2070)

VIRGINIA

IRP Contact: State Corp. Commission (8661878-2582)

IFTA Contact: Motor Carriers Services (804/367-0558)

WASHINGTON

IRP Contact: Dept. of Transportation-IRP (3601902-393 1), Ports of Entry,

IFTA Contact: IFTA Unit (360/664-1868)

WEST VIRGINIA

IRP Contact: Wire Services

IFTA Contact: Vicki Kidd (304/558-0700)

WISCONSIN

IRP Contact: Wire Services

IFTA Contact: Suzi Koplin (608/264-723 1)

WYOMING

IRP Contact: Port of Entry, Highway Shop

IFTA Contact: Earleen Weaver (307/777-4842)

Other US and State Taxes and Fees

Single State Insurance Registration Program (SSRS)

States collect a federally authorized fee for the purpose of monitoring the status of the federal

requirement for motor carrier financial responsibility. The Single State Insurance Registration

Program (SSRS) imposes fees per power unit (truck-tractor or truck) based on the individual states in which the carrier's fleet of power units operates. The fees have been statutorily capped at no greater than $ 10 per vehicle per state, but vary depending on the state in which the carrier must file the application annually. This variation in fees is due to an historical carry-over from a previous program that allowed states to enter into bilateral agreements for the reciprocal reduction or elimination of these regulatory fees.

Some 38 US states participate in the program, with 12 states and the District of Columbia that do not participate in the application or fee collection process. Carriers in those 13 states are not exempt from the program; carriers that have their principal place of business in a state that does not participate in SSRS must file the annual application and pay the appropriate fees through one of the other participating states. The 13 states that do not participate include Alaska, Arizona, Delaware, District of Columbia, Florida, Hawaii, Maryland, Nevada, New Jersey, Oregon, Pennsylvania, Vermont, and Wyoming

The program is currently limited to those motor carriers deemed for-hire interstate carriers by the USDOT. Private carriers, over which USDOT has limited regulatory authority, and carriers operating solely intrastate (within the jurisdictional boundaries of one US state only), are excluded from SSRS requirements.

The program operates as a base-state program. Carriers with their principal place of business in a participating state must use that state as the state in which they make annual application for the payment of fees. Carriers with their principal place of business in a non-participating state must choose as their base state the state in which the carrier operates the greatest number of its fleet vehicles in the initial application year. The carrier's application is then a series of multiplications of the number of fleet vehicles multiplied by each of the states' fees. 'Me carrier makes a single payment to the state of Texas, which is responsible for allocating the funds paid by the carrier to the respective states in which the carrier will operate during the SSRS registration year.

The process begins with the filing of an annual application between August I and November 30 for the next calendar year. The application includes general demographic data about the company and requires evidence of financial security that meets federal requirements (duplicating the filing requirement for proof of financial responsibility to obtain federal interstate operating authority), a listing of agents for service of process (another requirement that mirrors the federal requirement), and the completion of the form identifying how many vehicles will operate in each of the participating SSRS states for the upcoming SSRS registration year.

As Mexico had no reciprocity with states for the payment of these fees, Mexican carriers likely will pay the maximum of $10 per vehicle per state, although no firm decision has been made whether to treat Mexican carriers registering in an SSRS participating state as if the Mexican carrier's principal place of business is the US state. If the Mexican carrier uses as the SSRS participating state one of the US border states of California, New Mexico or Texas, and the selected US state allows the Mexican carrier the ability to partake of the variable fee schedule based on the historical reciprocity, the fees applicable to a Mexican carrier as an SSRS registrant would be as follows:

**SSRS Fees per Vehicle by State**
	California as Base	New Mexico as Base	Texas as Base		California as Base	New Mexico as Base	Texas as Base
Alabama	6.00	6.00	6.00	Montana	5.00	5.00	5.00
Arkansas	5.00	5.00	0	Nebraska	0.50	3.50	0.50
California	5.00	5.00	0	New Hampshire	10.00	10.00	10.00
Colorado	5.00	5.00	5.00	New Mexico	10.00	10.00	10.00
Connecticut	10.00	10.00	10.00	New York	10.00	10.00	10.00
Georgia	5.00	5.00	5.00	North Carolina	0	1.00	0
Idaho	2.00	2.00	2.00	North Dakota	10.00	10.00	10.00
Illinois	0	7.00	7.00	Ohio	5.00	5.00	5.00
Indiana	0	10.00	0	Oklahoma	7.00	7.00	0
Iowa	1.00	1.00	1.00	Rhode Island	8.00	8.00	8.00
Kansas	10.00	10.00	10.00	South Carolina	5.00	5.00	5.00
Kentucky	10.00	10.00	10.00	South Dakota	0	5.00	0
Louisiana	10.00	10.00	10.00	Tennessee	8.00	8.00	8.00
Maine	8.00	8.00	8.00	Texas	0	10.00	10.00
Massachusetts	1.00	10.00	10.00	Utah	6.00	6.00	6.00
Michigan	0	10.00	0	Virginia	10.00	10.00	10.00
Minnesota	0.45	5.45	0.45	Washington	10.00	10.00	10.00
Mississippi	10.00	10.00	10.00	West Virginia	3.00	3.00	3.00
Missouri	10.00	10.00	0	Wisconsin	5.00	5.00	5.00

Note: For purposes of this section, the use of the word "registration" identifies the process for the SSRS program, and is not meant to include vehicle registration as discussed under the International Registration Plan.

Upon payment to and processing by the base state, the carrier receives a "receipt" indicating payment of the fees and the identification of the states for which payment has been made. The carrier makes photocopies of the receipt in sufficient quantifies to place a copy in each vehicle in the operational fleet. The receipt document is replaced armually with the renewal of the application process and payment of fees.

Carriers that cross the border from Mexico into Arizona will have to select another state as the base state, since Arizona does not participate in SSRS. The selection process involves the carrier identifying the state in which it operates the next largest number of its fleet vehicles.

State Mileage Taxes

In addition to the vehicle registration fees described as IRP, fuel use taxes described as IFTA, and per-vehicle insurance registration fees described as SSRS, four states include a separate tax structure as a means to compensate the states for use of the highways. The states' taxes in this area are sometimes called third-structure taxes (first structure being vehicle registration fees, second structure being fuel taxes) but more commonly are referred to as "mileage taxes' for their unique feature of assessing tax based specifically on the mileage accrued by vehicle. The four states that have these taxes are: Kentucky, New Mexico, New York, and Oregon. Brief overviews of each state's tax and the fee/tax structures follow.

Kentucky Weight-Distance Tax

Kentucky requires the payment of a weight-distance tax of $0.0285 per mile for trucks and tractor-trailer combinations beginning at 60,000 lbs. gross vehicle weight. In addition, to identify itself to the Kentucky Revenue Cabinet (the agency that administers the weight-distance tax in Kentucky), carriers must meet certain tax-account-display requirements, either by means of a USDOT number (the account number issued to an interstate motor carrier upon completing the federal interstate operating authority requirements) or a "control number" issued by the Kentucky Revenue Cabinet. The display of the USDOT number or control number must meet certain visual display requirements as set by the Cabinet.

Carriers must file a tax report and pay the tax on a quarterly basis, by the last day of the first month following the close of the calendar quarter (i.e., April, July, October, and January).

New Mexico Use Fee

New Mexico's mileage tax is called the "use fee." All vehicles, regardless of their status in interstate commerce and type of equipment, with a gross vehicle weight exceeding 26,000 lbs. must pay the tax.

However, if a carrier is not registered for vehicle registration purposes directly with New Mexico or through IRP for operations into New Mexico, the carrier must pay a trip permit fee in lieu of the use fee. The fees are as follows:

Declared GVW	Use Fee (Cents per mile)	Declared GVW	Use Fee (Cents per mile)
26,001 - 28.000	0.797	54,001 - 56.000	1.975
28,001 -30,000	0.800	56,001 -58.000	2.071
30,001 -32,000	0.924	50,001 -60.000	2.166
32,001 - 34,000	0.987	60,001 - 62,000	2.261
34,001 -36,000	1.051	62,001 -64,000	2.358
36,001 - 38,000	1.114	64,001 - 66,000	2.453
38,001 - 40,000	1.211	66,001 - 68,000	2.548
40,001 - 42,000	1.306	68,001 -70,000	2.643
42,001 - 44,000	1.401	70,001 -72,000	2.740
44,001 - 46,000	1.497	72,001 - 74,000	2.841
46,001 - 48,000	1.593	74,001 -76,000	2.946
48,001 - 50,000	1.688	76,001 - 78,000	3.055
50,001 - 52,000	1.784	78,001 and over	3.168
52,001 - 54,000	1.879

In addition, New Mexico charges fees for its credentials to identify carrier vehicles as operating legally in New Mexico for purposes of we fee compliance. Fees include $5 for each vehicle operating in New Mexico, and $7 ($6 if the carrier is licensed under the provisions of IFTA) for each vehicle to obtain a cab card that is placed in the vehicle cab indicating compliance with the tax provisions.

The New Mexico Tax and Revenue Department is the agency to which a carrier applies for credentials and for payment of tax. The tax report and tax payment is due quarterly, on the 25' of the month following the close of the quarter (i.e., April 25, July 25, October 25, January 25). Companies with small liabilities (under $500 for the year) may file annually.

New York Highway Use Tax

The New York tax is called the "highway use tax." New York's tax coven vehicles (single trucks, tractor-trailer combinations) with a gross vehicle weight in excess of 18,000 lbs., but carriers whose operations include significant empty backhauls (trips through New York without loads) can take advantage of tax payment options that we calculated not on gross vehicle weight but rather on unladen weight (the weight of the tractor plus trailer only, assuming no cargo being carried).

New York imposes tax on all highway miles in the state, with the exception of miles on the New York State Thruway (a toll mad) on which the carrier can evidence payment of tolls. New York also requires special multi-year credentials for the program, including special cab cards and decals for which New York charges on a vehicle-by-vehicle basis. For infrequent operations (10 or fewer trips per yew), New York allows the purchase of a $25 trip permit for a single trip lasting no more than 72 hours in New York. For regular operations but smaller annual liabilities ($250), carriers can file the tax report and pay the tax liability annually. Otherwise, tax reports are due with tax payments on the last day of the month following the close of the calendar quarter (i.e., April 30, July 3 1, October 11, January 3 1). The New York State Department of Taxation and Finance, Miscellaneous Tax/Highway Use Tax Section, administers the highway we tax.

New York offers two options for calculating tax: the gross weight method (which includes a choice between a "straight-line" calculation or the "heaviest weight" calculation), or the unloaded weight method. The carrier must choose which option to use for calculating tax throughout the entire year for all vehicles in the fleet, even though the tax report is filed and tax liability is due quarterly. However, when a carrier chooses the grow weight option, the carrier can alternate between the straight-line calculation and the heaviest weight calculation options.

The "straight-line" calculation of the gross weight method requires the carrier to identify vehicles only by vehicle type (truck-tractor or straight truck) for those vehicles operating at a gross weight greater than 18,000lbs. The alternative "heaviest weight" option allows the carrier to classify vehicles more precisely, depending on their use (hauling cargo or running empty) during the tax period. The classes of vehicles include: (1) the truck with the heaviest gross weight (hauling cargo); (2) the tractor with the heaviest gross weight (hauling cargo); (3) the truck with the heaviest unloaded weight, if different from (1); (4) the unladen tractor in combination with the heaviest unloaded weight, if different from (2); (5) the tractor with the heaviest unloaded weight when operated without trailers; (6) the truck-trailer combination with the heaviest gross weight (empty weight of truck plus empty weight of heaviest trailer plus heaviest load carried); and (7) the truck-trailer combination with the heaviest unloaded weight (empty weight of truck plus empty weight of heaviest trailer). The tax rate is applied to the mileage seemed by type of vehicle, its use (laden or unladen) during the tax period, and the weight of the vehicle(s).

Gross, Weight Method (Straight-Line or Heaviest: Weight) - Single Trucks

Tractor-Trailer Combinations Carrying Cargo

Gross Weight (lbs.)	Tax ($US Per mile)	Gross Weight (lbs.)	Tax ($US per mile)
18,001 - 20,000	0.0084	48.001 - 50,000	0.0238
20,001 - 22,000	0.0098	50,001 - 52,000	0.0252
22.001 - 24,000	0.0112	52,001 - 54.000	0.0266
24.001 - 26,000	0.0126	54,001 - 56,000	0.0280
26,001 - 28,000	0.0133	56,001 - 58.000	0.0294
28.001 - 30,000	0.0140	58,001 - 60.000	0.0308
30.001 - 32,000	0.0147	60,001 - 62.000	0.0322
32,001 -34,000	0.0154	62,001 - 64,000	0.0336
34.001 -36,000	0.0161	64,000 - 66,000	0.0357
36,001 - 38,000	0.0168	66.001 - 68,000	0.0378
38.001 -40,000	0.0175	68,001 - 70.000	0.0399
40,001 - 42,000	0.0182	70,001 - 72,000	0.0420
42,001 - 44,000	0.0196	72,001 - 74,000	0.0455
44,001 - 46,000	0.0210	74.001 - 76,000	0.0490
46.001 - 48.000	0.0224	76.001 - 78,000	0.0518
		78.001 - 80,000	0.0546
		80,001 and over	add $0.0028 for each 2000 lbs.

Gross Weight Method (Straight-Line or Has~ Weight) -

Tractor-Trailer Combination with No Cargo

Empty Weight (lbs.)	Tax ($US per mile)
7.001 - 8,500	0.0084
8.501 - 10,000	0.0098
10,001 - 12,000	0.0112
12.001 - 14,000	0.0126
14.001 - 16,000	0.0133
16.001 - 18,000	0.0140
18,001 and over	add 0.0007 for each 2000 lbs.

The other alternative for calculating tax is the unloaded weight method, that uses the empty weight of the straight truck or truck-tractor only, as multiplied by the mileage accrued in New York and by the tax rate for each vehicle at the identified empty weight.

TRUCKS Unloaded Weight (lbs.)	Tax ($US per mile)
8,001 - 9.000	0.0056
9,001 - 10.000	0.0070
10,001 -11.000	0.0098
11,001 - 12,000	0.0112
12,001 - 13,000	0.0126
13.001 -14,000	0.0140
14.001 - 15,000	0.0154
15,001 - 17,500	0.0168
17,501 - 20,000	0.0198
20,001 - 22,500	0.0252
22,501 - 25,000	0.0308
25,001 and over	0.0378

TRACTORS
Unloaded Weight (Ibs.)
Tax ($US per mile)

4,001 - 5.500
0.0084

5.501 - 7.000
0.0140

7,001 - 8.500
0.0196

8,500 - 10,000
0.0252

10,001 - 12,000
0.0350

12,001 and over
0.0462

Oregon Axle-Mile Tax

Oregon's mileage tax version is called the "axle-mile tax". Oregon taxes all commercial vehicles (single trucks, tractor-trailer combinations) ova 26,000 lbs. GVW based on the maximum gross vehicle weight and the taxable miles accrued in Oregon. The tax starts at $0.0415 per mile for a vehicle 26,001 - 28,000 lbs. GVW, and increases in 2000-lb. Increments to $0.1365 per mile for a vehicle 78,000 - 80,000 lbs. GVW. Oregon makes available trip permits in lieu of payment of the axle-mile tax for very limited operations into Oregon during a year.

Maximum GVW	Use Fee ($US per mile)	Maximum GVW	Use Fee ($US per mile)
26,001 - 28,000	.0364	54,001 - 56.000	.031
28,001 -30.000	.0386	56.001 -58,000	.0658
30,001 -32.000	.0403	58.001 -50.000	.0688
32,001 - 34,000	.0421	60.001 - 62,000	.0723
34,001 - 36,000	.0438	62,001 -64.000	.0763
36,001 - 38.000	.0460	64,001 - 66,000	.0807
38,001 -40,000	.0478	66,001 - 68,000	.0864
40,001 -42,000	.0495	68,001 - 70,000	.0925
42,001 -44,000	.0513	70,001 - 72,000	.0986
44,001 -46,000	.0530	72.001 - 74,000	.1043
46,001 -48.000	.0548	74,001 - 76,000	.1096
48,001 - 50.000	.0566	76,001 - 78,000	.1149
50,001 - 52,000	.0567	78,001 and over	.1197
52.001 - 54,000	.0609

Note: Higher rates apply at weights in excess of 80,000 lbs. GVW

Oregon requires a carrier to obtain a "receipt" for each vehicle operating into Oregon. The receipt evidences the maximum gross vehicle weight that single vehicle or combination will operate at during the calendar year. Oregon charges $5 for each vehicle receipt, which must be carried in the vehicle at all times. Oregon also requires a carrier to obtain a special license plate for each vehicle operating into Oregon. Plates are provided at no charge.

Payment of the tax is on a quarterly basis, due May 31, August 31, November 30, and February 28. Oregon allows those carriers with small tax liabilities ($3600 or less) to file and pay tax annually.

State Income Taxes

Mexican carriers that operate into the United States may also be liable for state income taxes whether they have a fixed location in a US state or not. The following states have income taxes that are apportioned (oftentimes using the carrier's IRP percentage as a basis for applying tax) and are moderately to extremely aggressive in their attention to interstate carriers not based in their respective state: Michigan (its tax is called a single business tax), New York (Sec. 183 franchise tax), Ohio (franchise tax), Pennsylvania (capital stock and foreign franchise tax), and South Carolina (income tax). Other states have income taxes, as well, and may or may not assess motor carriers as a special class or as any other general business, but those states typically assess tax if the company has property (real estate), payroll (employees), or sales in the state.

The "nexus" or connection to the state for a motor carrier's taxation purposes may vary somewhat, but generally equates to a certain threshold number of trips into or through the state, or a threshold of miles traveled into or through the state, as accumulated by all fleet vehicles during the course of a year. The threshold number of trips can be as few as 12-25, the threshold of miles as few as 25,000, again as accumulated by all fleet vehicles during a year.

Income taxes assessed against general business companies generally are apportioned based on

property, payroll and/or sales in the state as a percentage of property, payroll and/or sales nationwide. However, since interstate motor carriers may not have property, payroll or sales in a given state, the state finds other means to assess tax. Once the nexus is established, the percentage of miles traveled in the state as a percentage of travel nationwide, or the total number of trips into and through the state as a percentage of total trips nationwide, is applied to total income and then multiplied by the state tax rate to determine tax liability.

Carriers meeting or expecting to meet these thresholds should contact the various state tax

departments for the appropriate forms and instructions on how to comply.

Company Name	Main Telephone
Single State insurance Registration (SSRS)
Alabama Public Service Commission	(334) 242-5176
Arkansas Highway and Transportation Dept	(501) 569-2358
California Department of Motor Vehicles	(916) 657-6636
Colorado Public Utilities Commission	(303) 894-2000
Connecticut Dept. of Transportation	(860) 566-5586
Georgia Department of Motor Vehicle Safety	(404) 362-6484
Idaho Department of Transportation	(208) 334-8611
Illinois Commerce Commission	(217) 782-4654
Indiana Department of Revenue	(317) 232-2744
Iowa Department of Transportation	(515) 237-3224
Kansas Corporation Commission	(785) 271-3115
Kentucky Transportation Cabinet	(502) 564-4127
Louisiana Public Service Commission	(225) 342-4414
Maine Bureau of Motor Vehicles	(207) 287-8633
Massachusetts Dept of Telecommunications	(617) 305-3559
Michigan Public Service Commission	(517) 241-6043
Minnesota Department of Transportation	(651) 405-6060
Mississippi Public Service Commission	(601) 961-5444
Montana Department of Transportation	(406) 444-6130
Nebraska Public Service Commission	(402) 471-4435
New Hampshire Department of Safety	(603) 271-2447
New Mexico State Corporation Commission	(505) 827-4519
New York Department of Transportation	(518) 457-7194
North Carolina Department of Transportation	(919) 861-3720
North Dakota Department of Motor Vehicles	(701) 328-2725
Ohio Public Utilities Commission	(614) 466-3392
Oklahoma Corporation Commission	(405) 521-2251
Rhode Island Public Utilities Commission	(401) 941-4500
South Carolina Department of Public Safety	(803) 737-6308
South Dakota Public Utilities Commission	(605) 773-5280
Tennessee Department of Safety	(615) 741-2974
Texas Department of Transportation	(800) 299-1700
Utah Department or Transportation	(801) 965-4279
Virginia Department of Motor Vehicles	(804) 7367-9157
Washington Utilities and Transportation Comm	(360) 664-1222
West Virginia Public Service Commission	(304) 340-0346
Wisconsin Department of Transportation	(608) 266-1356
State Mileage Taxes
Kentucky Revenue Cabinet	(502) 564-4540
New Mexico Tax and Revenue Department	(505) 827-2265
New York Department of Taxation and Revenue	(518) 457-3653
Oregon Public Utilities Commission	(503) 378-6663
State Income Taxes
Michigan Department of Treasury	(517) 373-3200
New York Department of Taxation and Finance	(800) 972-1233
Ohio Department of Taxation	(614) 433-7645
Pennsylvania Department of Revenue	(717) 787-1064
South Carolina Department of Revenue	(803) 895-5705

FEDERAL VEHICLE WEIGHTS AND DIMENSIONS REQUIREMENTS

General Information: In the United States, the Federal, State and some municipal governments have the authority to control truck size and weight. The Federal government has the authority to establish truck size and weight maximums only on the Interstate Highway system and on roadways on most Federal properties (National Forests, Indian Reservations, etc.). The states, have jurisdiction over most all non-Interstate highways. For some cities, the states have given the local government some truck size and weight regulation authority.

However, the Surface Transportation Assistance Act of 1982 (STAA) established some standards for domestic interstate trailer operations for the National Network. The National Network is a system of interconnecting highways, chosen predominantly by the states, over which most intercity truck traffic travels. It includes most all of the Interstate highway system and the majority of major arterials.. This act permitted twin trailer trucks with individual trailer lengths of up to 28.5 feet (8.69 meters), and required the states to allow 48-foot (14.63 meters) long semitrailers and vehicles 8.5 feet (2.60 meters) wide on major roads, and 80,000-pound (36.29 metric tons) trucks on nearly all Interstate Highways. Note that the law set the minimums that states could set for maximums for truck size and weight. The intent of the law was to increase the efficiency of freight transportation. The law does not place restrictions on vehicle height. Length limits apply only to the semitrailer and not to the tractor.

All states must allow the STAA-dimensioned vehicles and containers to operate over the National Network . That is, states must allow at least 48-foot long semitrailers and unlimited overall length for either twins or single trailer combinations on federally designated roads and access roads. Each state, however, may also designate the access highways that must be used to and from the Interstate Highway System. The states have latitude in determining whether or not to authorize overweight or overlength movements by issuing annual, monthly or single trip permits. Many states, particularly those with major port facilities, do issue such permits. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) restricted the operation of longer combination vehicles with overall vehicle lengths greater than those authorized by the STAA. Specifically, it limited the use of double and triple trailer combinations with gross weights in excess of 80,000 pounds to the states in which they were actually operating on June 1, 1991. The Act prohibits the expansion of routes or the removal of operating restrictions after that date.

Federal vehicle weights and dimensions requirements are found in Part 658 of Title 23 of the U.S. Code of Federal Regulations.

STAA uniform weight, length, and width requirements for vehicles using the National Network:

Width: 102 inches

Height: None specified

Length: STAA permits twin-trailer trucks with individual trailer lengths of up to 28.5 feet (8.69 meters); single semitrailers of at least 48 ft. (14.63 m)*; length limits apply only to the trailers and semitrailers and not to the overall length of tractor, trailer, and semitrailer combinations.

Weight: One axle - 20,000 lbs.

Tandem axles - 34,000 lbs.

Gross allowable weight - 80,000 lbs.

53-Foot Trailers

Fifty-three foot trailers are often used for transporting manufactured goods within the United States. Overall, they represent about 30 percent of all trailers operating in the United States, except Alaska and the District of Columbia. Their use is also permitted in five western Canadian provinces. Mexico recently increased tractor-semitrailer length limits on a designated network of major roads to 23 meters.

State Standards

All states have the authority to set truck size and weight maximums higher than the minimum maximums described in the 1982 STAA for all non-Interstate state highways. In some states, officials may grant monthly and annual permits that allow even greater size and weight. Additionally some states have “grandfather rights,” that allow the state to retain size and weight limits that pre-dated the Federal legislation that set the limits for the Interstate system, even if those limits were greater than the Federal limits.

The Appendix that follows shows a side by side comparison of truck size and weight limits. This Appendix should be used only as a guide.

Motor carrier operators should contact each individual State Department of Transportation to determine unrestricted legal and permit granted truck size and weight maximums.

Standards Compatibility

The three NAFTA countries are committed to developing more compatible land transportation safety standards, to the extent possible through the NAFTA Land Transportation Standards Subcommittee (LTSS), which established a work program for achieving such compatibility. Commercial vehicle weight and dimension requirements will continue to be analyzed.

In the United States, proposals to modify existing requirements will be considered through the normal regulatory and public comment processes. Any changes to existing statutory requirements, such as truck weight restrictions and limitations on the use of longer combination vehicles, would require Congressional legislative action.

FEDERAL VEHICLE WEIGHTS AND DIMENSIONS

REQUIREMENTS FOR BUSES

Federal vehicle weights and dimensions requirements for buses, which also are found in Part 658 of Title 23 of the U.S. Code of Federal Regulations, are summarized below.

Federal Weight Limitations for Buses: Axle and gross vehicle weight limitations apply to intercity motor coaches on the Interstate Highway System. Those buses must not exceed 20,000 pounds on a single axle, 34,000 pounds on tandem axles, or 80,000 pounds gross vehicle weight. Transit buses currently are exempt from Federal gross vehicle weight and axle weight limits

Federal Dimension Standards for Buses: The Surface Transportation Assistance Act of 1982 (STAA) established certain federal dimension standards for buses on the Interstate Highway System and designated primary highways (the National Network). All states must allow buses of 45 feet in length and 102 inches in width to operate on the National Network, and must allow reasonable access to and from the National Network to points of loading and unloading.

Individual states may have additional size and weight rules that apply to buses. Passenger carriers should contact each state where they plan to operate to ensure compliance with state requirements.

MANUFACTURING REQUIREMENTS APPLICABLE TO

MOTOR CARRIERS

General Information

All commercial vehicles used in the United States, including those engaging in cross-border or international transportation and/or the transportation of goods or persons, must have been manufactured in compliance with the Federal Motor Vehicle Safety Standards (FMVSS) in effect at the time the vehicle was manufactured. The FMVSS are promulgated by the National Highway Traffic Safety Administration (NHTSA) and are set out at 49 CFR Part 571. Information on the FMVSS applicable to heavy trucks and buses is attached as Appendix A. The FMVSS are available on the website of the National Archives and Records Administration at http://www.access.gpo.gov/nara/cfr/waisidx_00/49cfr571_00.html.

Motor carriers must ensure that the vehicles that they use in the United States have been certified as complying with all applicable FMVSS by their original manufacturer or by a Registered Importer, and that the required certification label or tag is permanently affixed to the vehicle. Samples of certification labels used by original manufacturers and registered importers are attached as Appendix B.

1. Information on contracting with a Registered Importer to bring a vehicle not certified to the FMVSS into conformity can be found on NHTSA’s website at http://www.nhtsa.dot.gov/cars/rules/import/.

2. For additional information, please contact:

Equipment and Imports Division Vehicle Division

Office of Vehicle Safety Compliance Office of Vehicle Safety Compliance

National Highway Traffic Safety Administration National Highway Traffic Safety Admin.

U.S. Department of Transportation U.S. Department of Transportation

Washington, D.C. 20590 Washington, D.C. 20590

Tel: (202) 366-5291 Tel: (202) 366-2820

Internet: http://www.nhtsa.dot.gov/cars/rules/import/

Detailed Information

PURPOSE: To identify relevant Federal statutory provisions and National Highway Traffic Safety Administration (NHTSA) standards and regulations affecting motor carriers. This information sheet merely highlights the major requirements affecting motor carriers. Each motor carrier and its attorney should consult the specific statutory provisions, regulations, and standards to determine its responsibilities. All NHTSA regulations referred to below can be found in the print volume of Title 49 of the Code of Federal Regulations containing Parts 400-999 or electronically at http://www.access.gpo.gov/nara/cfr/waisidx_00/49cfr571_00.html.

PROHIBITION AGAINST IMPORTING NONCOMPLYING VEHICLES: A person may not import into the United States any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under 49 USCS §§ 30101 et seq. takes effect unless the vehicle or equipment complies with the standard and is covered by a certification under 49 USCS § 30115. Each vehicle certified as complying with the applicable FMVSS is required to bear a certification label. Among the types of vehicles subject to the prohibition are buses, single unit trucks, truck tractors and truck trailers. Requirements concerning the contents of the certification label and the appropriate placement of the label on the vehicle are set forth at 49 CFR Part 567, Certification.

This prohibition applies to new and used vehicles engaged in international transportation of goods or people, as well as to new and used vehicles imported for resale. NHTSA has issued a proposed regulation allowing under certain circumstances for the retroactive certification of Canada- and Mexico-domiciled commercial vehicles that engage in trade in the United States. Two related notices have also been published. Once the rules have been finalized, this handbook will be updated.

HOW TO IMPORT VEHICLES TO THE UNITED STATES:

The vehicle must bear a certification label that:

– Was attached by the vehicle manufacturer at the time of the vehicle’s manufacture, and

certifies that the vehicle complied with all applicable FMVSS in