Unsafe Driving
What must you prove when citing a 392.2 Unsafe Driving Critical Violation?
Conviction
Name the missing element that needs to be proven in an enforcement case.
1.Qualified Driver
2. CMV (GVWR)
3. ____________
Commerce
True or False
An NOV counts as prior enforcement?
If the compliance investigation resulted in a "conditional" or "unsatisfactory" rating, the safety investigator must provide what handout at closeout?
385.17 Upgrade Request Handout
What is the purpose of serving a Denial of Access Demand Letter?
It is strictly to gain access to records necessary to complete an investigation.
Total number of days when reviewing Unsafe Driving violations found at roadside inspections.
Previous 365 days.
When discussing possible penalties with a carrier, who should the carrier be directed to contact?
The enforcement team.
True or False
A roadside inspection identifying EMPTY cargo can be used solely to establish commerce.
False
If submitting an upgrade request, the carrier must transfer RODS for the most recent 30-day period for all drivers cited on the compliance investigation report via ____________. Failure to do this may result in denial of an upgrade.
Web-Services/ ERODS
Who do you serve a DOA Demand letter too?
Carrier and Processing Agent
Where in the Unsafe Driving Policy will you find the list of violations utilized to calculate the 392.2 violation on a compliance Investigation?
Attachment A
What is the 3rd option for a motor carrier when replying to a NOC?
(1) Pay entire proposed civil penalty
(2) Request Administrative Adjudication
(3) __________________________
Request Binding Arbitration
Number of years to review when determining prior-enforcement history.
6 years
After a motor carrier who transports general freight has been issued a notice of a proposed safety rating of "unsatisfactory", the rating becomes final after _________ days.
60 days after the date of the notice.(385.11)
The following are the three dates needed for a DOA Demand Letter;
1. Electronic Submission Date
2. Onsite Date
3. ____________________
Administrative Review Date
What type of enforcement tool can be issued for NON-Convictions?
NOV- Notice of Violation
How many days after the NOC gets issued does the carrier need to reply prior to a Notice of Default and Final Agency Order (NDFAO) gets issued?
30 Days
What is the correct date in a UFA report for a Direct NOC?
Roadside Inspection Date
After a motor carrier who transports HM in quantities requiring placarding has been issued a notice of a proposed safety rating of "unsatisfactory", the rating becomes final after _________ days.
45 days after the date of the notice. (385.11)
Who conducts the Administrative Review?
RFA
Failing to use seat belt while operating a commercial motor vehicle (CMV).
392.16
Unpaid penalty from a carrier may result in the debt transferring to?
US Treasury
Proper regulation cited on a NOC when a carrier operates while under an OOSO for a New Entrant "No Contact/ No Show" of a Safety Audit.
385.331
What is the timeframe in which FMCSA has to render a 385.17 decision?
30 days
What regulations states all motor carriers shall make records and documents available for inspection by a special agent or authorized representative of FMCSA at the motor carrier's PPOB?
ยง 390.29 Location of records or documents