1. (Auditors/Investigators) 8370 Burnham, Suite 100
2. El Paso, TX 79907
3. Phone: (915)593-8574   Fax:(915)594-8857

1. Copies of the regulations, forms, interpretations, and manuals are available from a variety of sources. Check the FMCSA website for a current list of suppliers.
   www.fmcsa.dot.gov/safety-security/eta/index.htm
2. Obtain a copy of each driver's driving record and review it annually.
3. Ensure that all drivers are fully and properly qualified before operating in interstate commerce. Maintain a complete file as required for each driver, documenting the qualification process.
4. Laboratory must transmit aggregate statistical summary on semi-annual basis.
5. If you want some drivers to use the 100 air-mile radius exemption, make sure that the drivers meet all terms of the exemption, including being released from duty no more than 12 hours from when they report for duty. Logs must be prepared if a driver does not meet the 12 hour requirement.
6. A complete Educational and Technical Assistance package entitled "A MOTOR CARRIER'S GUIDE TO IMPROVING HIGHWAY SAFETY" is available free on the FMCSA website to assist you in complying with the safety regulations. It contains many forms and documents useful for improving the safety of your operations. Check: www.fmcsa.dot.gov/factsfigs/eta/index.html.
7. Notice: A pattern of and/or repeated violations of the same or related acute or critical regulations will cause the maximum penalties allowed by law to be assessed under Section 222 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). A pattern of violations means two or more violations of acute and/or critical regulations in three or more Parts of Title 49, Code of Federal Regulations discovered during any eligible investigation. Repeated violations means violation(s) of an acute regulation of the same Part of Title 49, Code of Federal Regulations discovered in an investigation after one or more closed enforcement actions within a six year period and/or violation(s) of a critical regulation in the same Part Title 49, Code of Federal regulations discovered in an investigation after two or more closed enforcement actions within a six year period.
8. The violations discovered during this safety audit, 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 Materials Regulations or the Federal Motor Carrier Commercial Regulations may also affect the civil penalty proposed in any subsequent Notice of Claim. Your signature for receipt of this report acknowledges your understanding that the violations discovered by the FMCSA during this review/inspection may be used to calculate any civil penalty proposed as a result of this review.

Special Checks: PASA Inspection.

INSPECTION NOTES: No Notes Recorded

Report Prepared By:
MICHAEL MARRUFO

Badge #:
US1417

Copy Received By:

Special Checks: PASA Inspection.

INSPECTION NOTES: No Notes Recorded

Report Prepared By:
ROBERT BAIN

Badge #:
US1170

Copy Received By:

Special Checks: PASA Inspection.

INSPECTION NOTES: No Notes Recorded

Report Prepared By:
MICHAEL MARRUFO

Badge #:
US1417

Copy Received By:

Special Checks: PASA Inspection.

INSPECTION NOTES: No Notes Recorded

Report Prepared By:
CAROLINA DE JESUS

Badge #:
US1497

Copy Received By:

Special Checks:

Report Prepared By:
MICHAEL MARRUFO

Badge #:
US1417

Copy Received By:

Special Checks: PASA Inspection.

INSPECTION NOTES: No Notes Recorded

Report Prepared By:
CAROLINA DE JESUS

Badge #:
US1497

Copy Received By:

Special Checks: PASA Inspection.

INSPECTION NOTES: No Notes Recorded

Report Prepared By:
CAROLINA DE JESUS

Badge #:
US1497

Copy Received By:

1. (Auditors/Investigators) 8370 Burnham, Suite 100
2. El Paso, TX 79907
3. Phone: (915)593-8574   Fax:(915)594-8857

Safety Fitness Rating Information:

• Total Miles Operated 4,579,200
• Recordable Accidents 1
• Recordable Accidents/Million Miles 0.22

• OOS Vehicle (CR): 0
• Number of Vehicle Inspected (CR): 4
• OOS Vehicle (MCMIS): 5
• Number of Vehicles Inspected (MCMIS): 28

• SATISFACTORY

1. DRIVER FITNESS BASIC PROCESS BREAKDOWN: Monitoring and Tracking

   DESCRIPTION OF PROCESS BREAKDOWN:
   Transportation and Cargo Solutions S DE RL dba TRACSO is a Mexico domiciled carrier and has been cited for invalid MX CDL or the MX CDL does not appear in the system and makes it invalid for not appearing in the system. The carrier also has not been monitoring if the drivers are working on their English proficiency and the drivers have been cited many times for Non English speaking drivers. Ms. Irma Chavez the Human resource manager of the carrier is going to assigned one of her employees to monitor and work with SCT to update all the carrier's MX CDLs and they will begin to test and monitor the drivers on their English proficiency. The carrier already has training set up to teach English proficiency

   BASIC SPECIFIC RECOMMENDED REMEDIES

   Implement Safety Improvement Practices: The following are recommended practices related to Monitoring and Tracking Processes.

   • Implement an effective process for monitoring and documenting all drivers job functions, training, qualifications, renewal dates, disclosed medical conditions, and operational restrictions, including those of drivers on a waiver program or with impairments that may be satisfied by a Skill Performance Evaluation certificate, to ensure that assignments are covered by qualified drivers.
   • Review and retain each driver's Motor Vehicle Record (MVR) at least annually to ensure compliance with company policies, Federal regulations, and State and local laws and ordinances related to driver fitness. If a driver seems to have numerous violations, the MVR should be reviewed more often. Random MVR checks in addition to annual checks are also effective. File the MVR in each driver's driver qualification file after review.
   • Maintain each driver's investigation history file in a secure location with limited and controlled access for as long as the driver is employed and for three years thereafter.
   • Maintain roadside inspection reports, moving violation records, training records, the Commercial Driver's License (CDL), the dispatch schedule, bills of lading, and the medical report to help evaluate the performance of all staff involved in qualifying drivers (dispatchers and managers) and the effectiveness of the policies and procedures.
   • Implement a system for keeping accurate records of employee driver fitness training needs, such as entry-level and HAZMAT training, and completed training, via software, a checklist in the driver's file, and/or another appropriate method.
   • Evaluate personnel who are monitoring driver fitness performance by making sure they are reviewing driver-assignment and qualification files; applying the performance standards fairly, consistently, and equitably; and documenting the evaluations.
   • Regularly evaluate the company's driver fitness-related inspection results via the Federal Motor Carrier Safety Administration's (FMCSA) website at http://ai.fmcsa.dot.gov/SMS. Assess violations for process breakdowns and how to remedy them. Use data to help implement an effective process beyond self-reporting to monitor, document, and evaluate compliance with driver-fitness regulations and company policies.
   • When monitoring and tracking any driver-fitness-related issue, always assess whether it 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.
2. VEHICLE MAINTENANCE BASIC - INSPECTION-REPAIR-MAINTENANCE PROCESS BREAKDOWN: Training and Communication

   DESCRIPTION OF PROCESS BREAKDOWN
   Transportation and Cargo Solutions S DE RL dba TRACSO maintenance program for the fleet is electronic files ans a software program that can track any repairs done to the unit and will give alerts on units that are due any maiintenance service. In reviewing the carrier profile the carrier is still above the threshold in vehicle maintenance. Mr. Luis Carlos Hernandez Transport and Maintenance mangager stated he would start a traing program on driver vehicle inspections so that they can identify any problems with the vehicle and have them fixed before roadside inspections.

   BASIC SPECIFIC RECOMMENDED REMEDIES

   Implement Safety Improvement Practices: The following are recommended practices related to Communication and Training.

   • Convey expectations to all applicable staff for adhering to vehicle inspection, repairing, and maintenance regulations and company policies and procedures, and for executing responsibilities by providing new-hire and refresher training, and establish communication channels such as newsletters and/or meetings focused on conflicts between vehicle availability and repair requirements.
   • Ensure that all employees understand and accept their responsibility for timely communication of safety issues related to fleet inspection, repair, and maintenance to the appropriate individuals.
   • Ensure that managers and supervisors articulate their commitment to and establish communication with employees concerning vehicle inspection, repair, and maintenance.
   • Communicate the carrier's Vehicle Maintenance percentile to all staff and explain to them individually what they can do to help the carrier improve the percentile.
   • Ensure that mechanics and technicians communicate with the vehicle and equipment manufacturers and receive regular updated bulletins and recommendations.
   • Ensure that carriers with non-English-speaking employees who need to communicate with English-speaking employees and to understand English-language literature, such as the manufacturer's guide, have ways to deal successfully with language barriers.
   • Ensure that all drivers, dispatchers, managers, mechanics, and technicians receive training, including methods and tools, and appropriate certifications to fulfill their responsibilities and documentation requirements regarding vehicle inspection, repair, and maintenance, as required by regulations and company policies.
   • Implement and provide training for a fleet maintenance software system that can be updated according to current industry and regulatory standards, manufacturer's recommendations, and the carrier's experience.
   • Train mechanics to be able to differentiate between safety-related defects and other defects - for example, by recognizing that defective wheel ends can lead to wheel separation.
   • Ensure that drivers are trained in vehicle Out-of-Service (OOS) rules, their responsibilities in adhering to them, and the carrier's procedures for reporting OOS violations and communicating appropriately with other personnel.
   • Train all staff who are required to monitor and track vehicle maintenance on the appropriate company policies, including those related to discipline and incentives.
   • Provide hiring officials with guidance on how best to attract, screen, and qualify applicants who are most likely to adhere to vehicle inspection, repairing, and maintenance regulations and company policies and procedures.
   • Reinforce training to drivers, mechanics, and other employees about vehicle maintenance policies, procedures, and responsibilities, using job aids, post-training testing, and/or refresher training. Encourage informal feedback among drivers and mechanics so that they can help each other to improve.

   Seek Out Resources:

   • You are encouraged to review your company's record at the following website: http://ai.fmcsa.dot.gov/SMS. You will need to use your PIN Number that has been provided by the FMCSA.
   • Contact industry associations to get resources and ideas on safety improvement practices from other carriers in the industry.
3. (b) For accidents that occur after April 29, 2003, motor carriers must maintain an accident register for three years after the date of each accident. For accidents that occurred on or prior to April 29, 2003, motor carriers must maintain an accident register for a period of one year after the date of each accident. Each Each motor carrier and intermodal equipment provider must do the following:
   motor carrier and intermodal equipment provider must do the following:
   Information placed in the accident register must contain at least the following:
   (1) A list of accidents as defined at §390.5 of this chapter containing for each accident:
   (i) Date of accident.
   (ii) City or town, or most near, where the accident occurred and the State where the accident occurred.
   (iii) Driver Name.
   (iv) Number of injuries.
   (v) Number of fatalities.
   (vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.
   (2) Copies of all accident reports required by State or other governmental entities or insurers
    
4. Laboratory must transmit aggregate statistical summary on semi-annual basis
    
5. If you want some drivers to use the 100 air-mile radius exemption, make sure that the drivers meet all terms of the exemption, including being released from duty no more than 12 hours from when they report for duty. Logs must be prepared if a driver does not meet the 12 hour requirement
    
6. A copy of your carrier profile can be obtained for $20 from the SAFER website (http://safer.fmcsa.dot.gov) or by calling 800-832-5660 or 703 280-4001. You can also write: Computing Technologies Inc. P.O. Box 3248, Merrifield, VA 22116-3248. Profile cost if ordered by mail or phone is $27.50.
    
7. Understands Why Compliance Saves Time and Money: Compliance with FMCSRs will not only save lives, but also saves your business time and money. Tracking how much your business spends on non-compliance activities can help you understand the many benefits of compliance to your business and why safety is good business.

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

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

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

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

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

   PLEASE NOTE: The violations discovered during this compliance review may affect the civil penalty proposed in any subsequent Notice of Claim. In addition, your history of prior violations of the Federal Motor Carrier Safety Regulations, Federal Hazardous Material Regulations or the Federal Motor Carrier Commercial Regulations may also affect the civil penalty proposed in any subsequent Notice of Claim. Receipt of this report acknowledges your understanding that the violations discovered by the FM CSA during this review may be used to calculate any civil penalty proposed as a result of this review.