Sgt. Mark J. Abrahamson discusses commercial vehicle regulations in Wisconsin. He notes that many intrastate carriers do not understand or comply with applicable Federal Motor Carrier Safety Regulations (FMCSRs). These include regulations around driver qualifications, hours of service, vehicle inspection and maintenance. For carriers operating vehicles over 26,000 pounds, most FMCSRs apply including parts around drug and alcohol testing, driver qualifications, hours of service, vehicle parts and inspection, and hazardous materials. Compliance with these regulations can reduce crashes by over 20% and help carriers avoid large liability costs.

1. Sgt. Mark J. Abrahamson
Wisconsin State Patrol
Motor Carrier Enforcement and Investigation Unit
11/19/2015

2. 11/24/2015 2

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7.  Lack of compliance/understanding of which of
FMCSR’s are applicable to a carriers operation.
 Observing intrastate carriers hiring overnight on social media and driving the next day
without any “vetting”
 Few intrastate carriers are complying with Part 382, 391,395 –large factors in
crashes, Part 387 - Class 9 -Motor Vehicle Req. $1M, periodic inspections.
 FMCSR’S adopted by Transportation Rule 327 (Effective
since 6/01/1987)
 Wisconsin did not adopt 49CFRPart383 but we did adopt
the interpretative language. We have Ch. 343
 SB321 – Ch. 194 Changes
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8. COMMERCIAL DRIVERS LICENSE
CLASS A: Required if operating a
combination with a gross vehicle weight
rating, OR actual gross weight OR registered
weight exceeding 26,000 pounds and the
towed vehicle has a gross vehicle weight
rating, actual gross weight or registered
weight exceeding 10,000 pounds.
EXAMPLE:
TRUCK + TRAILER = TOTAL
23,000 11,000 34,000
20,000 11,000 31,000
11,400 16,000 27,400

9. First a carrier needs to determine the GVWR of their units are.
Many of the safety regulations are not applicable if under 26,001 GVWR
Trans 327.09 Exemptions.
The provisions of s. Trans 327.03 (2) (Part 391 Qualifications) do not
apply to the following:
Drivers who operate motor vehicles which have a manufacturers'
gross vehicle weight rating equal to or less than 26,000 pounds,
except that this provision does not apply to vehicles transporting
hazardous materials requiring placarding or vehicles transporting 16
or more passengers including the driver
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10. First a carrier needs to determine the GVWR of their units are.
Many of the safety regulations are not applicable if under 26,001 GVWR
Trans 327.09 Exemptions.
The provisions Trans 327.05 (Hours of Service) do not apply to the
following:
 Trans 327.09(4)(b) Drivers who operate motor vehicles which have
a manufacturers' gross vehicle weight rating equal to or less than
26,000 pounds.
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11. So, if between 10,001lbs GVWR (390.5 definition of CMV) and
26,000lbs GVWR what regulations apply?
 Part 390 – Accident Register/USDOT#
 Part 392 – Alcohol and Controlled Substance
Prohibitions
 Cellphone Use Restrictions including texting
 Radar detector prohibition
 Ill/fatigued operation
 Cargo Securement
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12. 10,001lbs GVWR to and 26,000lbs GVWR cont.
 Part 393 – Parts and accessories for Safe
Operation
 Part 396 – Inspection, Repair, and Maintenance
 Push-out window tests (small passenger carriers)
 Maintenance records
 DVIR (if defects observed except passenger vehicle)
 Periodic inspection (may include trailers)
 Inspector qualifications/ including brake inspector
 Part 397 – Hazardous Materials
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FMCSR’s Applicable to Intrastate Carriers
What if over 26,000lbs GVWR?
 Part 40 – Workplace Drug and Alcohol Testing
 Part 382– Controlled substances and alcohol
use and testing
 Part 390– Accident Register/USDOT#
 Part 391 – Driver Qualifications – must meet
most general qualifications.
 Intrastate must be at least 18
 Physically Qualified
 Some allowances for diabetes/Vision issues

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FMCSR’s Applicable to Intrastate Carriers
Over 26,000lbs GVWR?
391.11(a) A person shall not drive a CMV unless qualified to drive.
 Part 391 – Driver Qualifications – cont.
 Valid CDL
 List of violations furnished
 Not disqualified (391.15)
 Completed road test/certificate
 Application for employment
 Employer investigations/inquiries
 Annual review

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FMCSR’s Applicable to Intrastate Carriers
Over 26,000lbs GVWR?
391.11(a) A person shall not drive a CMV unless qualified to drive.
 Part 392 – Alcohol and Controlled Substance
Prohibitions
 Cellphone Use Restrictions including texting
 Radar detector prohibition
 Ill/fatigued operation
 Cargo Securement
 Note: Wisconsin Chapter 343 applies to alcohol prohibitions to include not a drop and
.04 Prohibited Alcohol Content- invokes 24hr OOS notice also.

16. Over 26,000lbs GVWR cont.
 Part 393 – Parts and accessories for Safe
Operation
 Part 395 – Hours of Service
 Trans 327.03(10) Modifies the HOS to 12/16 and 70/7 and 80/8
 Did not adopt 395.8 includes form ,manner, graph grid
 Did not adopt 34hr reset or 30 min break req.
 150 air mile radius (next slide)
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17. Over 26,000lbs GVWR cont.
 Part 395 – Hours of Service
150 air mile radius
 The requirement to carry a time record does not do not
apply if:
 (a) The driver returns to the work reporting location and is released within 12 consecutive hours.
 (b) At least 10 consecutive hours off duty separate each 12 hours on duty.
 (c) The driver does not exceed 12 hours maximum driving time following 10 consecutive hours off
duty.
 (d) The motor carrier that employs the driver maintains and retains for a period of 6 months
accurate and true time records showing:
 1. The time the driver reports for duty each day.
 2. The total number of hours the driver is on duty each day.
 3. The time the driver is released from duty each day.
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18. Over 26,000lbs GVWR cont.
 Part 396 – Inspection, Repair, and Maintenance
 Push-out window tests (small passenger carriers)
 Maintenance records
 DVIR (if defects observed except passenger vehicle)
 Periodic inspection (may include trailers)
 Inspector qualifications/ including brake inspector
 Part 397 – Hazardous Materials
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19. Compliance research as shown a positive
correlation between compliance and crash
reduction.
 21.4% average reduction in crash rates with carriers that had compliance
reviews in 2009 FMCSA study.
 Cost to society – Nearly 1.5M per fatality
 Cost to carriers- Lost profit margins/liability
Carriers that have a pattern of violations and subsequent serious/fatal crashes
with common violations as factors have observed large civil judgements.
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20. On April 24th, 2014 the definition of Common Motor Carrier changed.
The change now requires all passenger vehicles that operate “For-
Hire” to obtain PC Authority and file insurance.
Limousines, Party buses, Bar buses are a few examples to which are
subject to the new requirements.
 9-15 Passenger Vehicles operating for compensation
(like above) are subject to parts of the FMCSR’s
 16+ Passenger for-hire or private in commerce also are
subject to regulations.
 FLOWCHART
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21. New Interpretation affecting Passenger Carriers
 Question 15: Is a person who operates a custom motorcoach in
commerce with a gross vehicle weight rating or gross vehicle weight
greater than 26,001 pounds required to have a passenger endorsement
for his or her CDL if the vehicle is designed or used to transport less than
16 passengers, including the driver?
 Guidance: Yes. The motorcoach is a Heavy Straight Vehicle (Group B)
under 49 CFR 383.91 that is designed to transport passengers in
commerce. The driver is, therefore, required by § 383.93(b)(2) to have a
passenger endorsement.
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22.  If you find errors please use the DataQ program
 Violations that were observed roadside that now
“mysteriously” self correct back at the terminal is will
generally not reviewable. (Lights)
 The data that affects your score is only as good as what
is put in. We want accurate data – no retribution as
carriers some time assert.
 We make mistakes but are interested in correction and
training our staff so it is not repeated with another
carrier.
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23.  New interstate carriers must be reviewed w/12
months.
 Instituted an email notification to new carriers from
the State Patrol HQ
 Inform for Aggressive marketing
 Correction to MCS150 if really not Interstate
 Explain the process and time frame for a visit (3mo+)
 Had carriers complain about time for being “educated”
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24. WISCONSIN STATE PATROL
Sergeant Mark J. Abrahamson - 920-960-8193
WWW.FMCSA.DOT.GOV
• (ETA) Educational Technical Assistance Packet – pdf file
WWW.CVSA.ORG