2023 Rank
Construction
Building a Road to Compliance: Unraveling the DOT Puzzle for Construction Companies
Complying with the DOT regulations is an important aspect of ensuring safety in the construction industry. Construction companies must comply with DOT regulations regarding driver qualifications, vehicle maintenance, hours of service, and drug and alcohol testing. Non-compliance can lead to penalties, fines, and even suspension of operations.
Compliance with the DOT regulations is not easy in the fast-paced construction environment. However, it can be done. It involves using a fleet management system, like Encompass to keep track of your company, vehicle, and drivers’ credentials; having a disciplined approach to vehicle inspection and maintenance; and training your drivers on DOT compliance and defensive driving.
Fill out the form below to talk with a compliance specialist about how Encompass can help your business thrive in safety, compliance, and operations!
Roadside Inspections
One of the top questions that construction companies face is if their vehicles need to pull into a weigh station for a roadside inspection. The answer? If in doubt, drivers should stop at the weigh station. What may be a temporary, minor inconvenience can turn into much more, as the penalties for unlawfully bypassing weigh stations can be steep.
Weigh Station Requirements
The requirements for vehicles to stop at weigh stations are handled at the state level.
Some states, such as Pennsylvania and Indiana, require “all trucks” to stop. Sometimes, “all trucks” refers only to commercial motor vehicles; however, the requirement may not be limited to commercial motor vehicles.
Other states will require those vehicles above a certain weight to stop. For example, Georgia requires all vehicles or combinations over 10,001 pounds gross vehicle weight rating or actual gross weight to pull into all open weight and inspection stations. In some cases, counties may even have their own requirements on weigh stations.
Carrier/Driver Preparation
Carriers or drivers can contact the state(s) in which they will be traveling and simply ask about the requirements. If drivers know the exact routes, they can even call the station(s) they’ll be passing to see if they must stop.
Many states will also post signage a few miles before the weigh station so drivers will know well in advance that they’ll need to stop. The carrier or driver can also check with a state’s transportation department to find out if the state has any type of automated scale clearance program.
Commonly Cited Roadside Inspection Violations
Areas that construction companies have problems in are also among the most commonly cited during roadside inspections, including:
Regulation
Violation Description
Number of Violations
1
393.9
Inoperable Required Lamp
336,797
4
393.47
Brake out-of-adjustment
125,497
7
393.75
Tire flat or audible leak
103,559
12
393.53
Automatic brake adjuster failed
69,931
14
392.2
Failure to obey traffic control device
66,854
15
393.75
Tire-other tread depth less than 2/32 of inch
65,804
16
392.2
Speeding, 6 to 10 miles per hour over the limit
63,057
18
395.8
False log
60,499
22
383.23
Operating a CMV without a valid CDL
54,138
24
393.48
Inoperative/defective brakes
53,111
"Encompass keeps track of licensing for all our drivers and company vehicles. Whether I'm dealing with CMV drivers or non-CMV drivers, it's a great system."
Danielle Bodway
Fleet Compliance Manager
"We have a mixed fleet of light, medium, and heavy-duty vehicles. We can use Encompass the same way for all our vehicles, no matter the vehicle type. It's easy to track all our driver files, motor vehicle files, and accident records."
Danielle Bodway
Fleet Compliance Manager
"With the new Encompass interface, I've been able to get all of our equipment in - 100+ trucks and almost 300 trailers, plus our booms and our moffetts. That includes all the registrations, title paperwork, and maintenance. It's a huge tool for us."
Denise Hall
Corporate Transportation Assistant
- Danielle Bodway Testimonial 1
- Danielle Bodway Testimonial 2
- Denise Hall Testimonial 2
Construction Solutions
- ELogs
- Dash Cameras
- Vehicle Tracking
- DVIRs
ELogs
Don’t take chances with hours of service. Use J. J. Keller® ELDs and take advantage of automated tracking of drive time, personal conveyance, exceptions, IFTA, and more!
Dash Cameras
There’s no better way to protect your driver and your company in the event of a crash than with the J. J. Keller® Road & Driver Cam. It provides the details your legal team needs to build a strong defense by providing HD video footage of the road, the area around the vehicle and equipment, and inside the cab.
Vehicle Tracking
Encompass® Vehicle Tracking can help your company maintain visibility to vehicle location and engine status, and plan for weather and traffic, which are essential for determining employee productivity and staying on schedule.
DVIRs
Prevent breakdowns and unscheduled maintenance events with the Encompass® DVIR Mobile app. You can customize inspection criteria to your unique vehicles and equipment, upload photos to mechanics, and automate the defect resolution process.
FAQs
Yes, there are both exceptions to certain portions of the rules as well as exemptions from all the rules. For example, drivers of utility service vehicles are exempt from Part 395. Vehicles used in oil-field operations, ground water well-drilling operations, and those transporting construction materials and equipment enjoy a 24-hour restart provision.
However, except for drivers of vehicles that are specially constructed to service oil wells, these drivers are required to comply with the 10-hour off-duty and 11-hour driving limitations, as well as the prohibition on driving after the 14th hour after coming on duty. Drivers of specially constructed vehicles that service oil wells are not required to log wait time as on-duty time [see 395.1(d)(2)]. For a complete list of exemptions and exceptions, refer to 395.1.
Most construction companies are private carriers. The FMCSA defines a private carrier (390.5) as a carrier that transports its own cargo, usually as a part of a business that produces, uses, sells and/or buys the cargo that is being hauled. The vehicles are typically used to move tools, supplies, and associates from Point A to Point B to get work done.
The FMCSA regulations apply to any vehicle that meets the CMV definition, the operator of a CMV, and a company that uses CMVs. There are many parts to the FMCSRs, and most apply to private carriers, including:
For drivers of vehicles that require a CDL:
- The commercial driver’s license rule,
- Drug and alcohol testing, and
- Additional training requirements.
For all CMV operators:
- Needing a USDOT number,
- Marking the vehicles with the company’s name and USDOT number,
- Driver qualification and file,
- Driving rules,
- Vehicle inspections,
- Cargo securement,
- Hours of service, etc.
There are some rules that do not apply to private carriers (including construction companies):
- Needing for-hire authority,
- Having process agents,
- Demonstrating financial responsibility,
- Receipts and bills of lading, etc.
If the vehicle meets the definition of a commercial motor vehicle, the driver must do:
- A pretrip inspection before operating the vehicle (§392.7, §392.8, and §392.9),
- Enroute inspections if required (checking cargo securement and tires) (§392.9 and §397.17), and
- A post trip at the end of the day (§396.11).
If there are any defects on the vehicle at the end of the day, the driver must submit a driver vehicle inspection report (DVIR) to the carrier (§396.11).
So what is a commercial motor vehicle? It is a vehicle that is used in interstate commerce and weighs or is rated at 10,001 pounds or more, is placarded for hazardous materials, or meets the state’s definition of a CMV if used in intrastate commerce.
Build Your Compliance Knowledge
Expand your safety library with free J. J. Keller resources. Over 200 years of collective experience and education — that's the J. J. Keller difference.
DOT Audit Digital Workbook
This eBook will help you determine your fleet's regulatory risk using the FMCSA's Safety Management Cycle.
The Big 5: Your Road Map for a Strong FMCSA Compliance Program
The FMCSA rules are complex and time-consuming. This eBook offers best practices and solutions related to the top 5 compliance areas.
DOT Roadside Inspections: A Guide to the Driver Inspection Process
Prepare your drivers for roadside inspections with this comprehensive eBook created by J. J. Keller regulatory experts.
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