Transportes Monteblanco SA De CV - Compliance Review
- TRANSPORTES MONTEBLANCO S A DE C V Compliance Review
- Part A
- Part B - Violations
- Part B Requirements and/or Recommendations
 | US DOT# 1059694X | Legal: TRANSPORTES MONTEBLANCO S A DE C V Operating (DBA): | ||||||||||||||||||||||||
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| Review Date: 03/01/2013 | |||||||
| Part A | |||||||||
Questions about this report or the Federal Motor Carrier Safety or Hazardous Materials regulations may be addressed to the Federal Motor Carrier Safety Administration at:
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| This report will be used to assess your safety compliance. | |||||||||
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| Review Date: 03/01/2013 | |||||||||||||||||||||
| Part B Violations | |||||||||||||||||||||||
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| Review Date: 03/01/2013 | ||||||||||||||||||||||||||||||
| Part B Violations | ||||||||||||||||||||||||||||||||
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| Safety Fitness Rating Information: Total Miles Operated 316,817 Recordable Accidents 0 Recordable Accidents/Million Miles 0.00 | OOS Vehicle (CR): 0 Number of Vehicle Inspected (CR): 0 OOS Vehicle (MCMIS): 0 Number of Vehicles Inspected (MCMIS): 3 | |||||||||||||||||||||||||||||||
| Your proposed safety rating is : CONDITIONAL |
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This rating will become the final rationg 60 days from the date indicated on a forthcoming official notice from the Federal Motor Carrier Safety Administration headquarters in Washington, D.C. However, if this rating improves a previous Unsatisfactory rating, it will become effective on the date of the official notice from the FMCSA Headquarters. Corrective actions must be taken for the violations (deficiencies) listed on Part B of this review. Title 49 CFR Sections 385.15 and 385.17 provide for administrative review and a change to a safety rating based on corrective actions, respectively. A request for a change to a safety rating under section 385.17 may be made at any time. A motor carrier may request, in writing, a change in the rating by providing evidence of corrective actions to the Field Administrator for the FMCSA Service Center in which the carrier maintains its principal place of business. (See 49 CFR 385.17 for additional details). A request for administrative review under section 385.15 must be made within 90 days of the date of the proposed safety rating issued under section 385.11(c) or a final safety rating issued under section 385.11(b), or within 90 days after denial of a request for a change in rating under section 385.17. | ||||||||||||||||||||||||||||||||
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| Review Date: 03/01/2013 | |||
| Part B Requirements and/or Recommendations | |||||
FATIGUE DRIVING (HOS) BASIC PROCESS BREAKDOWN: Roles and Responsibilities
DESCRIPTION OF PROCESS BREAKDOWN
Transportes Montonblanco S A DE C V, is falling to have a system in place to review record of duty status for compliance in the 11 and 14 hour rule. They also failed to obtain from the drivers used for the first time a signed statement giving the total time on duty during the preceding 7 days and time at which last relieved from duty. During GPS monitoring the carrier has been found to be in violation of the 11 and 14 hour rule. Mr Fuentes is aware of the requirement and stated that he takes responsibility for violations discovered. This caused violations to be discovered in this part.
BASIC SPECIFIC RECOMMENDED REMEDIES
Implement Safety lmprovement Practices: The following are recommended practices related to Roles and Responsibilities.
Define and document roles and responsibilities of managers and supervisors for monitoring compliance with Hours-of-Service (HOS) policies.
Ensure that managers are responsible for reviewing Records of Duty Status (RODS) for accuracy and for disciplining those who falsify their logs
Assign responsibility for making sure that all Records of Duty Status (RODS) are collected and stored for six months.
Prior to accepting shipment, ensure that dispatchers are responsible for mapping out routes, asking drivers how many hours they have driven recently, and verifying that the route can be completed without breaking Hours-of-Service (HOS) regulation.
Ensure that drivers are responsible for informing the carrier when they are sick, keeping accurate Records of Duty Status (RODS), and planning their route so that it can be completed efficiently within Hours-of-Service (HOS) rules.
Define and document roles and responsibilities of drivers and dispatchers as they pertain to Hours-of-Service (HOS) policies and procedures.
Seek Out Resources:
You are encouraged to review your company's record at the following website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.VEHICLE MAINTENANCE BASIC PR9CESS BREAKDOWN: Monitoring and Tracking
DESCRIPTION OF PROCESS BREAKDOWN
Transportes Monteblanco S A DE C V monitors and tracks their vehicles to ensure that they are in compliance but failed to record the complete identification information of each vehicle. Also Transportes Monteblanco S A DE C V is not tracking roadside inspections to ensure that all reportes are being submitted by the drivers to the company, which would provide awareness of maintenance violations found on roadside. This caused violations to be discovered in this part.
BASIC SPECIFIC RECOMMENDED REMEDIES
Implement Safety Improvement Practices: The following are recommended practices related to Monitoring and Tracking Processes.
Check all inspections and relevant records, such as Driver Vehicle Inspection Records (DVIRs}, pre-trip and annual inspections, and maintenance and repair records, to ensure that company inspection, repairing, and maintenance policies and procedures are adhered to and properly documented.
Monitor and track roadside inspection results to ensure that vehicle defects are repaired and documented promptly and to prevent Out-of-Service (OOS), vehicles from operating prior to being repaired.
Regularly evaluate the company's vehicle-maintenance-related inspection results via the Federal Motor Carrier Administration’s (FMCSA) website at http://ai.fmcsa.dot.gov/SMS. Assess violations for process breakdowns and how to remedy them.
Maintain inspection, repair, maintenance, vehicle identification, and communication records to help evaluate the performance of all staff (drivers, dispatchers, mechanics, and managers) involved in fleet maintenance and the effectiveness of compliance with vehicle maintenance policies, procedures, and regulations.
Evaluate personnel who are monitoring vehicle maintenance performance by making sure they are using Driver Vehicle Inspection Records (DVIRS), roadside inspections, and other data; applying performance standards fairly, consistently, and equitably; and documenting evaluations.
When monitoring and tracking vehicle maintenance issues, always assess whether an issue is individual or represents a systemic breakdown in one of the Safety Management Processes (Policies and Procedures, Roles and Responsibilities, etc.).Seek Out Resources: You are encouraged to review your company’s record at the following Website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.DRIVER FITNESS BASIC PROCESS BREAKDOWN: Roles and Responsibilities
DESCRIPTION OF PROCESS BREAKDOWN
Transportes Monteblanco S A DE C V, is failing to ensure each driver qualification file is complete and accurate. Carrier official Juan Carlos Fuentes is responsible for reviewing driver qualification files for the company drivers. Responsibilities not being completed include: investigate the driver's alcohol and controlled substances history for the previous 3 years and investigate drive’s, background. Mr. Fuentes is aware of the requirements and stated that he takes responsibility for violations discovered. This caused violations to be discovered in this part.
BASIC SPECIFIC RECOMMENDED REMEDIES
Implement Safety Improvement Practices: The following are recommended practices related to Roles and Responsibilities.
Define and document the role of managers and supervisors for implementing driver-fitness policies and for monitoring compliance with them. This' should include regular evaluation of the carrier's driver-wellness program.
Define and document roles and responsibilities of managers and supervisors in providing training and maintaining qualifications for all employees according to driver-fitness regulations and company policies and procedures.
Ensure that operations managers and dispatchers are responsible for having the proper amount of fit drivers by considering short-term changes; for example with regards to vacations, variations in sales, and additional driver duties, and long-term changes, for example, with regard to permanent reassignment and termination of employees.
Ensure that dispatchers and operation managers are responsible for ascertaining that drivers are qualified before authorizing runs.
Define and document roles and responsibilities of drivers, dispatchers, and other personnel according to driver-fitness regulations and company policies and procedures.Seek Out Resources: You are encouraged to review your-company's record at the following website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.Understand Why Compliance Saves Time and Money: Compliance with FMCSRs will not only save lives, but also saves your business time and money. Tracking how much your business spends on non-compliance activities can help you understand the many benefits of compliance to your business and why safety is good business.
Document and Follow Through on Action Plans: Document and follow through on action plans to ensure the actions you are taking are creating improvement in safety management and compliance.
NOTICE: A pattern and/or repeated violations of the same or related acute or critical regulations (violations of the same Part in Title 49, Code of Federal Regulations) will cause the maximum penalties allowed by law to be assessed under Section 222 of the Motor Carrier Safety improvement Act of 1999 (MCSIA). A pattern of violations means two or more violations of acute and/or critical regulations in three or more Parts of Title 49, Code of Federal Regulations discovered during any eligible investigation. Repeated violations means violation(s) of an acute regulation of the same Part of Title 49, Code of Federal Regulations discovered in an investigation after one or more closed enforcement actions within a six year period and/or violation(s) of a critical regulation in the same Part of Title 49, Code of Federal Regulations discovered in an investigation after two or, more closed enforcement actions within a six year period.
NOTICE: 49 CFR Part 391.23 requires prospective employers to, at a minimum, investigate a driver's employment information, crash record, and alcohol and controlled substances history from all employers the driver worked for within the previous 3 years.
The Pre-Employment Screening Program (PSP) is a screening tool that assists motor carriers in investigating crash history and roadside safety performance of prospective drivers. The PSP allows motor carriers to purchase 5 years of crash data and 3 years of roadside inspection data from the Federal Motor Carrier Safety Administration's (FMCSA) Motor Carrier Management Information System (MCMIS). Records are available 24 hours a day via Web request. Motor carriers should visit the following website for more information:
http://www.psp.fmcsa.dot.gov/Pages/default.aspxAll motor carriers and truck drivers are needed to fight against terrorism and hijacking. You could be a target. Protect yourself, your trucks, your cargo, and your facilities. Discuss with your employees/drivers the "Security Measures for Truck Drivers and Companies” which were provided and reviewed with motor carrier official. Motor carriers should visit the following website for more information: http://www.fmcsa.dot.gov/documents/Hijacking-Brochure.pdf
PLEASE NOTE: The Violations discovered during this compliance review may affect the civil penalty proposed in any subsequent Notice of Claim. In addition, your history of prior violations of the Federal Motor Carrier Safety Regulations, Federal Hazardous Material Regulations or the Federal, Motor Carrier Commercial Regulations may also affect the civil penalty proposed in any subsequent Notice of Claim. Receipt of this report acknowledges your understanding that the violations discovered by the FMCSA during this review may be used to calculate any civil penalty proposed as a result of this review.
Attached to this report is Table 1, which identifies all the documented violations which were discovered during the course of this review.
Serious violations were recorded on this investigation report. These violations will impact your safety record. Furthermore, these violations may result in a follow-up investigation at a later date unless adequate evidence of corrective action is forwarded to our office.
Joanne A Cisneros, Division Administrator Federal Motor Carrier Safety Administration 903 San Jacinto Blvd, Room 101 Austin, TX 78701
385.15
If you believe the proposed rating is in error and there are factual and procedural issues in dispute, Part 385.15 (copy provided) outlines procedures for petitioning the Federal Motor Carrier Safety Administration for an administrative review of these findings. Your petition should be addressed to:
Chief Safety Officer
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590385.17
In addition, a request for a revised rating based on corrective actions may be made at any time. Part 385.17 (copy provided) outlines the procedures for such a request. The request must be made in writing, must describe the corrective action taken and must include other documentation that may be relied upon as a basis for the requested change. Address your written request to:
U.S. Department of Transportation
Federal Motor Carrier Safety Administration
Western Service Center
Field Administrator
Golden Hills Office Centre
12600 W. Colfax Ave., Suite B-300Ensure that a CC copy of the letter is mailed to:
Joanne A Cisneros, Division Administrator.
FMCSA, Texas Division
903 San Jacinto Blvd., Room 101
Austin, TX 78701This letter should be submitted as soon as possible.
Information on your compliance status, roadside inspections, regulatory changes, accident countermeasures and hazardous material incident prevention manual is available on the internet at the Federal Motor Carrier Safety Administration's web site at: http://www.fmcsa.dot.gov/ and http://www.safer.fmcsa.dot.gov/
Last updated: Monday, March 31, 2014