DOT 49 CFR PART 380-2010 SPECIAL TRAINING REQUIREMENTS.pdf

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1、148 49 CFR Ch. III (10110 Edition) Pt. 380 Item and category of records Retention period 5. Records, reports, orders and tickets pertaining to weighting of freight 3 years. 6. Records of loading and unloading of transportation equipment . 2 years. 7. Records pertaining to the diversion or reconsignm

2、ent of freight, including re-quests, tracers, and correspondence.2 years. 8. Other Note A. K. Supporting Data for Reports and Statistics 1. Supporting data for reports filed with the Federal Motor Carrier Safety Adminis-tration, the Surface Transportation Board, the Department of Transportations Bur

3、eau of Transportation Statistics and regulatory bodies: (a) Supporting data for annual financial, operating and statistical reports 3 years. (b) Supporting data for periodical reports of operating revenues, ex-penses, and income.3 years. (c) Supporting data for reports detailing use of proceeds from

4、 issuance or sale of company securities.3 years. (d) Supporting data for valuation inventory reports and records. This in-cludes related notes, maps and sketches, underlying engineering, land, and accounting reports, pricing schedules, summary or collection sheets, yearly reports of changes and othe

5、r miscellaneous data, all re-lating to the valuation of the companys property by the Federal High-way Administration, the Surface Transportation Board, the Department of Transportations Bureau of Transportation Statistics or other regu-latory body.3 years after disposition of the property. 2. Suppor

6、ting data for periodical reports of accidents, inspections, tests, hours of service, repairs, etc3 years. 3. Supporting data for periodical statistical of operating results or performance by tonnage, mileage, passengers carried, piggyback traffic, commodities, costs, analyses of increases and decrea

7、ses, or otherwise.3 years. M. Miscellaneous 1. Index of records Until revised as record structure changes. 2. Statement listing records prematurely destroyed or lost For the remainder of the period as pre-scribed for records destroyed. NOTE ARecords referenced to this note shall be maintained as det

8、ermined by the designated records supervisory official. Companies should be mindful of the record retention requirements of the Internal Revenue Service, Securities and Exchange Commission, State and local jurisdictions, and other regulatory agencies. Companies shall exercise reasonable care in choo

9、sing retention periods, and the choice of retention periods shall reflect past experiences, company needs, pending litigation, and regu-latory requirements. PART 380SPECIAL TRAINING REQUIREMENTS Subpart ALonger Combination Vehicle (LCV) Driver-Training and Driver-In-structor RequirementsGeneral Sec.

10、 380.101 Purpose and scope. 380.103 Applicability. 380.105 Definitions. 380.107 General requirements. 380.109 Driver testing. 380.111 Substitute for driver training. 380.113 Employer responsibilities. Subpart BLCV Driver-Training Program 380.201 General requirements. 380.203 LCV Doubles. 380.205 LCV

11、 Triples. Subpart CLCV Driver-Instructor Requirements 380.301 General requirements. 380.303 Substitute for instructor require-ments. 380.305 Employer responsibilities. Subpart DDriver-Training Certification 380.401 Certification document. Subpart EEntry-Level Driver Training Requirements 380.501 App

12、licability. 380.502 Definitions. 380.503 Entry-level driver training require-ments. 380.505 Proof of training. 380.507 Driver responsibilities. 380.509 Employer responsibilities. 380.511 Employer recordkeeping responsibil-ities. 380.513 Required information on the train-ing certificate. APPENDIX TO

13、PART 380LCV DRIVER TRAIN-ING PROGRAMS, REQUIRED KNOWLEDGE AND SKILLS AUTHORITY: 49 U.S.C. 31133, 31136, 31307, and 31502; sec. 4007(a) and (b) of Pub. L. 102240 (105 Stat. 21512152); and 49 CFR 1.73. SOURCE: 69 FR 16732, Mar. 30, 2004, unless otherwise noted. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 2

14、20216 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-149 Federal Motor Carrier Safety Administration, DOT 380.109 Subpart ALonger Combination Vehicle (LCV

15、) Driver-Training and Driver-Instructor Require-mentsGeneral 380.101 Purpose and scope. (a) Purpose. The purpose of this part is to establish minimum requirements for operators of longer combination ve-hicles (LCVs) and LCV driver-instruc-tors. (b) Scope. This part establishes: (1) Minimum training

16、requirements for operators of LCVs; (2) Minimum qualification require-ments for LCV driver-instructors; and (3) Procedures for determining com-pliance with this part by operators, in-structors, training institutions, and employers. 380.103 Applicability. The rules in this part apply to all op-erator

17、s of LCVs in interstate com-merce, employers of such persons, and LCV driver-instructors. 380.105 Definitions. (a) The definitions in part 383 of this subchapter apply to this part, except where otherwise specifically noted. (b) As used in this part: Classroom instructor means a qualified LCV driver

18、-instructor who provides knowledge instruction that does not involve the actual operation of a longer combination vehicle or its components. Instruction may take place in a park-ing lot, garage, or any other facility suitable for instruction. Longer combination vehicle (LCV) means any combination of

19、 a truck- tractor and two or more trailers or semi-trailers, which operate on the Na-tional System of Interstate and De-fense Highways with a gross vehicle weight (GVW) greater than 36,288 kilo-grams (80,000 pounds). LCV Double means an LCV consisting of a truck-tractor in combination with two trail

20、ers and/or semi-trailers. LCV Triple means an LCV consisting of a truck-tractor in combination with three trailers and/or semi-trailers. Qualified LCV driver-instructor means an instructor meeting the require-ments contained in subpart C of this part. There are two types of qualified LCV driver-inst

21、ructors: (1) classroom instructor and (2) skills instructor. Skills instructor means a qualified LCV driver-instructor who provides be-hind-the-wheel instruction involving the actual operation of a longer com-bination vehicle or its components out-side a classroom. Training institution means any tec

22、h-nical or vocational school accredited by an accrediting institution recog-nized by the U.S. Department of Edu-cation. A motor carriers training pro-gram for its drivers or an entity that exclusively offers services to a single motor carrier is not a training institu-tion. 380.107 General requireme

23、nts. (a) Except as provided in 380.111, a driver who wishes to operate an LCV shall first take and successfully com-plete an LCV driver-training program that provides the knowledge and skills necessary to operate an LCV. The spe-cific types of knowledge and skills that a training program shall inclu

24、de are outlined in the appendix to this part. (b) Before a person receives training: (1) That person shall present evidence to the LCV driver-instructor showing that he/she meets the general require-ments set forth in subpart B of this part for the specific type of LCV train-ing to be taken. (2) The

25、 LCV driver-instructor shall verify that each trainee applicant meets the general requirements for the specific type of LCV training to be taken. (c) Upon successful completion of the training requirement, the driver-stu-dent shall be issued an LCV Driver Training Certificate by a certifying of-fici

26、al of the training entity in accord-ance with the requirements specified in subpart D of this part. 380.109 Driver testing. (a) Testing methods. The driver-stu-dent must pass knowledge and skills tests in accordance with the following requirements, to determine whether a driver-student has successfu

27、lly com-pleted an LCV driver-training program as specified in subpart B of this part. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted with

28、out license from IHS-,-,-150 49 CFR Ch. III (10110 Edition) 380.111 The written knowledge test may be ad-ministered by any qualified driver-in-structor. The skills tests, based on ac-tual operation of an LCV, must be ad-ministered by a qualified LCV skills in-structor. (1) All tests shall be constru

29、cted to determine if the driver-student pos-sesses the required knowledge and skills set forth in the appendix to this part for the specific type of LCV train-ing program being taught. (2) Instructors shall develop their own tests for the specific type of LCV- training program being taught, but thos

30、e tests must be at least as strin-gent as the requirements set forth in paragraph (b) of this section. (3) LCV driver-instructors shall es-tablish specific methods for scoring the knowledge and skills tests. (4) Passing scores must meet the re-quirements of paragraph (b) of this sec-tion. (5) Knowle

31、dge and skills tests shall be based upon the information taught in the LCV training programs as set forth in the appendix to this part. (6) Each knowledge test shall address the training provided during both theo-retical and behind-the-wheel instruc-tion, and include at least one question from each

32、of the units listed in the table to the appendix to this part, for the specific type of LCV training pro-gram being taught. (7) Each skills test shall include all the maneuvers and operations prac-ticed during the Proficiency Develop-ment unit of instruction (behind-the- wheel instruction), as descr

33、ibed in the appendix to this part, for the specific type of LCV training program being taught. (b) Proficiency determinations. The driver-student must meet the following conditions to be certified as an LCV driver: (1) Answer correctly at least 80 per-cent of the questions on each knowl-edge test; a

34、nd (2) Demonstrate that he/she can suc-cessfully perform all of the skills ad-dressed in paragraph (a)(7) of this sec-tion. (c) Automatic test failure. Failure to obey traffic laws or involvement in a preventable crash during the skills por-tion of the test will result in automatic failure. Automati

35、c test failure deter-minations are made at the sole discre-tion of the qualified LCV driver-in-structor. (d) Guidance for testing methods and proficiency determinations. Motor car-riers should refer to the Examiners Manual for Commercial Drivers Li-cense Tests for help in developing test-ing methods

36、 and making proficiency determinations. You may obtain a copy of this document by contacting the American Association of Motor Vehicle Administrators (AAMVA), 4300 Wilson Boulevard, Suite 400, Arlington, Vir-ginia 22203. 380.111 Substitute for driver train-ing. (a) Grandfather clause. The LCV driv-e

37、r-training requirements specified in subpart B of this part do not apply to an individual who meets the conditions set forth in paragraphs (b), (c), and (d) of this section. A motor carrier must ensure that an individual claiming eli-gibility to operate an LCV on the basis of this section meets thes

38、e conditions before allowing him/her to operate an LCV. (b) An individual must certify that, during the 2-year period immediately preceding the date of application for a Certificate of Grandfathering, he/she had: (1) A valid Class A CDL with a dou-ble/triple trailers endorsement; (2) No more than on

39、e drivers license; (3) No suspension, revocation, or can-cellation of his/her CDL; (4) No convictions for a major offense while operating a CMV as defined in 383.51(b) of this subchapter; (5) No convictions for a railroad-high-way grade crossing offense while oper-ating a CMV as defined in 383.51(d)

40、 of this subchapter; (6) No convictions for violating an out-of-service order as defined in 383.51(e) of this subchapter; (7) No more than one conviction for a serious traffic violation, as defined in 383.5 of this subchapter, while oper-ating a CMV; and (8) No convictions for a violation of State o

41、r local law relating to motor ve-hicle traffic control arising in connec-tion with any traffic crash while oper-ating a CMV. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo re

42、production or networking permitted without license from IHS-,-,-151 Federal Motor Carrier Safety Administration, DOT 380.113 (c) An individual must certify and provide evidence that he/she: (1) Is regularly employed in a job re-quiring the operation of a CMV that re-quires a CDL with a double/triple

43、 trail-ers endorsement; and (2) Has operated, during the 2 years immediately preceding the date of ap-plication for a Certificate of Grandfathering, vehicles representa-tive of the type of LCV that he/she seeks to continue operating. (d) A motor carrier must issue a Cer-tificate of Grandfathering to

44、 a person who meets the requirements of this section and must maintain a copy of the certificate in the individuals Driv-er Qualification file. (e) An applicant may be grand-fathered under this section only during the year following June 1, 2004. 380.113 Employer responsibilities. (a) No motor carri

45、er shall: (1) Allow, require, permit or author-ize an individual to operate an LCV un-less he/she meets the requirements in 380.203 or 380.205 and has been issued the LCV driver-training certificate de-scribed in 380.401. This provision does not apply to individuals who are eligi-ble for the substit

46、ute for driver train-ing provision in 380.111. (2) Allow, require, permit, or author-ize an individual to operate an LCV which the LCV driver-training certifi-cate, CDL, and CDL endorsement(s) do not authorize the driver to operate. This provision applies to individuals employed by or under contract

47、 to the motor carrier. (b) A motor carrier that employs or has under contract LCV drivers shall provide evidence of the certifications required by 380.401 or 380.111 of this part when requested by an authorized FMCSA, State, or local official in the course of a compliance review. VerDate Mar2010 08:

48、20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216ER30MR04.000jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-152 49 CFR Ch. III (10110 Edition) 380.201 Subpart BLCV Driver-Train

49、ing Program 380.201 General requirements. (a) The LCV Driver-Training Pro-gram that is described in the appendix to this part requires training using an LCV Double or LCV Triple and must include the following general cat-egories of instruction: (1) Orientation; (2) Basic operation; (3) Safe operating practices; (4) Advanced operations; and (5) Nondriving activities. (b) The LCV Driver-Training Pro-gram mus