Clay Rideout

USDOT Level 1 Certified Inspector

Badge # USLM01

Bureau Of Land Management

P. O. Box 119

Worland, Wyoming 82401

307-347-4219 - Shop

307-347-5100 – Office

307-388-3811 – Truck Cell

307-388-0385 – Cell

USDOT Requirements, for all Commercial Motor Vehicles / Contract Engines / Buses

To Whom It My Concern:

These requirements should be put in your solicitation packages that you send out to your contractors . By doing this, there should not be any questions as to what is needed to be in compliance with the USDOT Reg.

All commercial motor vehicles, contract engines, contract buses, water tenders, semi-trucks/trailers, must comply to the Code of Federal Regulations, Chapter III, Title 49, (parts 300-399), Federal Motor Carriers Safety Regulations.

Interstate Commerce: means trade, traffic, or transportation in the United States, which is between, : (1.) a place in one state and a place in another state. (2.) two places in a state through another state. Since you sign your contract engines / contract buses, under a contract E.E.R.A. they can go to another state to fight fire. As soon as that engine or bus leaves the state that vehicle becomes a commercial motor vehicle in interstate commerce.

Intrastate Commerce: means trade traffic, or transportation in the United States that moves exclusively within one state. If your engines are never to leave the state of origin and under the 10,001 lbs., they would not be considered a commercial motor vehicle.

GVWR / Gross Vehicle Weight Rating: No vehicle will exceed the vehicles manufactures GVWR. This manufactures GVWR rating is stamped on a vehicle identification tag, located somewhere in the cab of vehicle.

All engines over 10,001 # GVWR that leave the state of origin are considered a commercial vehicle, as they are in Interstate Commerce. If this vehicle is over 26,001 lbs. GVWR, they must have a CDL with all required endorsements. Any engine with a tank capacity of 1000 gallons or more on a vehicle over 26,001 # or more must also have a Tank endorsement on their CDL. If the vehicle is less than 26,001 # GVWR no endorsement for non hazardous material laden vehicles is required.

(A) All vehicles over 26,001 lbs. GVWR must have an annual DOT periodic inspection done by an authorized inspector that has been given the authorization to do an annual DOT inspection. Most heavy truck shops have an authorized mechanic that has the authority to do these annual inspections. Some Contractors have their own mechanic that has the company authority to do their own annual inspections. This is not uncommon.

(B) All Commercial Engines over 10,000 lbs. GVWR that are required to leave the state to fight fire must also have an Annual DOT Periodic Inspection. They are not required to have a CDL until they go over the 26,000 lbs GVWR; drive a passenger carrying vehicle of 16 passengers or more; and/or, transport placardable quantities of a hazardous material (either gasoline or diesel fuel for equipment).

(C) All Commercial Engines or vehicles over the 10,001 lbs. GVWR must also have a current DOT physical and carry in his possession a current medical certificate and waiver/skills performance evaluation certificate (if applicable).

(D) All Commercial Engines over the 10,001 GVWR must have DOT numbers issued to them by the USDOT and must be displayed on the vehicle. Also the company name must be displayed on the vehicle. Lettering on this must be of contrasting color and visible from 50 ft. These USDOT numbers don’t cost anything to obtain. If you order these numbers over the Internet, you must have a credit card to verify who you are. The web site to obtain this form MCS-150 is http://www.fmcsa.dot.gov/factsfigs/formspubs.htm.

(E) All Commercial Motor Vehicles 10,001 lbs. GVWR or more, with 3 or more axles on the ground must have either a “State” Commercial License Plates or an IRP (International Registration Plan) Agreement license plate, and an IFTA (International Fuel Tax Agreement) Sticker (if required).

(F) All Commercial Motor Vehicles 26,001 lbs. or more must have either a “State” Commercial License Plates or an IRP (International Registration Plan) Agreement License plate and an IFTA (International Fuel Tax Agreement) sticker.

(G) These Commercial Motor Vehicles must adhere to all federal and state regulations as to commercial vehicles. The Contractors may say they are exempt because in the Federal Motor Carriers Safety Regulations Handbook it says fire fighters are exempt. Federal, State, County, and city/town fire engines are excepted form the Federal Motor Carrier Safety Regulations (FMCSR). Private contractors operating pump engines and rescue vehicles may be, based on (H) below. Example: A City or County Engine going to a fire, where it’s a grass fire, structural fire or any fire that they respond to in an emergency state. This doesn’t hold true for contract engines and contract buses, they may be required to adhere to all regulations. If the President, Governor, or their respective representative, or local declares an emergency then they could be granted a DOT exemption from the FMCSR, 49 CFR, § 390.23.

(H) Exception: All Fire Trucks, Pumper Trucks, Engines are exempt from the FMCSR 390-395 when dispatched to a fire. If dispatched to a fire they are under this exemption. They have this exemption from their place of hire at the time of dispatch. They will carry this exemption also during the fire. Also they may return to their point of hire at time of dispatch under this exemption or if being dispatch to another fire from previous incident they will carry this exemption with them.

If these engine are not dispatch to the fire and they are pre/staging themselves in hopes of being hired to work they are not under this exemption. If they are hired at the fire they get the exemption but they lost that exemption as soon as they are released from the fire. Because their point of hire was the fire. If they are dispatched to another fire they can use that exemption to the next fire.

Applicability of FMCSRs to Private Firefighters

1.  § 390.3(f)(5) clearly states that the operation of fire trucks and rescue vehicles, while involved in emergency and related operations, is not subject to the subchapter (Parts 350-399). The guidance states “390-399” in one instance and the “FMCSRs” in another. Not being subject to the subchapter would relieve the firefighters from CDL, drug/alcohol testing and insurance requirements, while not being subject to Parts 390-399 would include CDL, Drug/alcohol and insurance. This makes a huge difference on whether a company, whose operations are exclusively fire contracts, would need a USDOT number, a Safety Audit, etc.

MC-PS Clarification: The Administrator’s October 9, 2003, letters to Senator Craig Thomas, and Congressman James L. Oberstar, and the regulatory guidance documents signed by the Assistant Administrator and Chief Safety Officer discuss

§ 390.3(f)(5), an exception to the requirements of Subchapter B of Chapter III, Title 49 of the Code of Federal Regulations (49 CFR 350 through 399) for certain operations of fire trucks and rescue vehicles, and § 390.23, an exception to the requirements of 49 CFR Parts 390 through 399 for any motor carrier, including contract fire suppression services, providing direct assistance during an emergency, as defined in 49 CFR 390.5.

Section 390.3(f)(5) provides that the operation of fire trucks and rescue during an emergency OR related operation is exempt from 49 CFR Parts 350 through 399, all of the FMCSRs. The October 9, 2003, regulatory guidance concerning contract wildfire suppression services explains that an “emergency” includes any occurrence, natural or manmade, that immediately threatens human life or public welfare, and requires the work of firefighters or rescue personnel to respond to the threat. It also explains that “related operation” includes driving fire trucks or rescue vehicles to the scene of an emergency, and driving such vehicles while returning from the emergency or rescue scene, but excludes activities such as pre-positioning of fire trucks or rescue vehicles in anticipation of emergencies, or the use of such vehicles in training or emergency preparedness exercises. Furthermore, the guidance indicates an emergency need not have been formally declared by a governmental authority in order to utilize this exemption.

By contrast, § 390.23 is applicable to contract fire suppression services, IF an emergency, as defined in 49 CFR 390.5, is declared by a governmental official with authority to make such declarations. However, § 390.23 only provides relief from the requirements of 49 CFR Parts 390 through 399.

2.  The introduction mentions a vehicle under 26000 lbs GVWR. Many of the fire contractor’s vehicles are greater than 26000 lbs. I assume the exemption applies unilaterally for all vehicles in interstate commerce above 10,000lbs.

MC-PS Clarification: The October 9, 2003, letter to Congressman James L. Oberstar discusses the weight of the vehicles because the incoming letter from the Congressman Oberstar’s constituent was concerned about the applicability of the regulations to vehicles under 26,000 pounds. The constituent’s company only operated fire trucks and rescue vehicles with a gross vehicle weight rating of less than 26,000 pounds. Since the discussion about the weight of the vehicles was included only in the paragraph summarizing the constituent’s concerns and was not discussed in the context of FMCSA’s explanation of the applicability of the safety rules or the agency’s explanation of the exceptions applicable to the operation of fire trucks and rescue vehicles, neither the exceptions [49 CFR 390.3(f)(5) and 390.23] nor our response to Congressman Oberstar should be construed as being contingent upon the gross vehicle weight rating of the fire trucks or rescue vehicles.

3.  What is included in the definition of a “fire truck”? Fire trucks, I assume, are only the water tenders with hoses. This does not include the myriad of other vehicles contracted to service a wildland fire such as garbage haulers, caterers, portapotty haulers, flatbeds to transport excavating equipment, woodchippers, etc, etc. These are not “after-the fact” or “clean-up”, but are contiguous with the water-tending equipment. Therefore, as I read the recent guidance, a company with multiple types of equipment would only be subject to the FMCSR with the non-water tending equipment. Also, companies contracted to service the fire with other than water tending equipment would be subject, while the water tenders – although servicing the same fire – would not. Except, of course, if there happened to be a declared emergency. Then the support equipment would be exempt from 390-399 based on 390.23. This makes enforcement very difficult and company’s understanding of the regulations almost impossible.

MC-P Clarification: For the purposes of § 390.3(f)(5), the term “fire trucks” should be construed to include a range of fire and rescue apparatus used by fire fighters, such as, but not limited to, Pumper trucks (which may or may not be equipped with water tanks), rescue trucks (used to transport a crew and various emergency equipment; they may or may not be equipped with water pumping equipment) used primarily or exclusively for fire and rescue operations. These vehicles would typically have no other practical use other than fire and rescue operations.

The term fire trucks would NOT include certain wild fire suppression support services vehicles such as: trucks operated by caterers or other food vendors; cargo tank vehicles and trailers operated by water supply companies; cargo tank vehicles and trailers used to transport fuel for helicopters and auxiliary equipment such as generators; vehicles used to transport tents (or other temporary shelters), portable showers, or portable/mobile restrooms; or, buses designed or used to transport 16 or more passengers, including the driver.

4.  What is considered an “immediate threat”? Most wildland fires do NOT pose an immediate threat to human life or public welfare due to their remote locations. Also, as fire suppression is developed, contractors are dispatched to replace existing contractors. There are no longer emergency needs, as the timing is scheduled to have the new arrive just as the old contractor’s 14 day contract is expiring. Does this change the way we should view the definition of “emergency”?

MC-PS Clarification: The October 9, 2003, regulatory guidance indicates the term “emergency,” as used in § 390.3(f)(5), includes “any occurrence, natural or manmade, that immediately threatens human life or public welfare.” Although “immediate threat” is not defined, the regulatory guidance explicitly references fires as a type of occurrence that should be considered an immediate threat to human life or to the public welfare. Therefore, regardless of whether there is an immediate threat to human life, fires should almost always be considered an immediate threat to the public welfare.

With regard to changing of fire fighting contractors during the fire suppression activity, the exception under § 390.3(f)(5) would continue to be applicable to the operation of all fire trucks and rescue vehicles involved in the activity. As indicated in the regulatory guidance signed by the Assistant Administrator and Chief Safety Officer, the term “emergency,” as used in § 390.3(f)(5), does not have the same meaning provided in 49 CFR 390.5. Based on the regulatory guidance, the fire would continue to be considered an emergency until it is extinguished. The replacement of a contract fire suppression service provider with another service provider during the fire fighting activity does not diminish the need to extinguish the flames, as soon as practicable.