It gets confusing, especially when a few are saying yes and others are saying no.
Yup - that's exactly it.
And what should we expect ? ......
when we have all sorts of lawyers, bureaucrats, and Lord-knows-who-else (Joanie Claybrook ? ) involved in making up this stuff .......
The problem seems to be that the FMCSA is focusing on drivers and permitted carriers, which I think is one of the issues.
..... as opposed to ?
As a van driver, most carriers require you to submit an annual citations report, have your van inspected and in many cases a medical exam.
Yup, yup, and yup.
Was talking to my wife day before yesterday ....
and found out a very interesting thing: Fedex Home Delivery has apparently done away with the requirement that contractors who lease on non-CMV vehicles have an annual D.O.T. inspection done on those vehicles.
Interesting .....
Well, FHD never hauls (placardable) Hazmat (or passengers) - so said vehicles will never, ever be CMV's while under lease .....
Seems someone up there at FHD Corporate fired up a web browser or cracked a book .......
and actually read the regs at Part 396 .... (will wonders never cease .....)
"§396.17 Periodic inspection.
(a) Every commercial motor vehicle shall be inspected as required by this section."
When you apply, you are not applying as a NON-CMV driver so you submit an MVR (or they get one), an application, and in some cases go through a back ground check.
That's true ...... but I would submit that most non-CMV folks - as a consequence of being ignorant of the regs -
aren't applying as anything in particular ...... they are merely relying on the fact that the carrier, in good faith, is doing exactly -
and only - what is necessary or required under the law or regulations.
Personnel at carriers will often do, or seek to do, variety of things other than what is strictly required under the law or regs ...... for various reasons.
Sometimes it is because of ignorance ..... sometimes it may be for insurance or liability reasons .... but more often than not I would say it is merely because it is just more convenient for them ...... they have to do
X for all CMV's, so it is just easier for them to have everyone - including non-CMV's - do
X .....
One standard that they have to meet ... and if everyone meets that standard ......
then there can be no doubt that they are in compliance ....
As a carrier, they are required to keep safety records on you, not your van.
Well, actually the van too -
insofar as maintenance reports could be construed to be a "safety report" ....
They are required to mitigate your behavior and to make sure they don't get a poor rating.
Yup
So when your safety officer says no you are not covered but you have to do all that stuff, what are you?
Well, if one
doesn't know what the regs really say and actually are, then I would say what you are, is, at best:
a pawn
Because, in your own ignorance, you are relying on someone elses' understanding (and not your own) .....
If you do know the regs and are being asked to comply with something that actually doesn't apply to you, then one has a choice: you can either query and/or challenge it - in an effort to avoid having to comply with rules that clearly don't apply to your own particular situation .... or one can just willingly go along with it as part of being in the biz ....
Even in the latter case, where one is being regulated de facto (as a consequence of a carrier's misinformed or misguided actions), one is still not being
regulated under the law ..... one is simply being regulated under a carriers own internal policy ..... which one allows by one's own acquiescence ......