Operational Policy #4 - Re-certification for HM / Dangerous Goods

Op Policy 4, as revised September 29, 2011, allows a Level III inspection where HM is present to be counted towards the maintenance of certification for both, the Level III and HM. In pointing to Example #4 for the Reference Chart for Tracking Annual Certifications, this is the case. However, in reading the note connected to the asterisk (*) for HM/TDG, the inspection scenario presented in Example #4 does not meet the criteria for an HM inspection, as it does not "at a minimum include(s) the inspection of items listed in the North American Standard Hazardous Materials/TDG Inspection Procedure." The reference to this being an allowable HM inspection should be removed from the chart.

FMCSA has recently adopted the certification and re-certification criteria for its inspectors and investigators as presented in Op Policy 4. Due to this, and modifications made to the CSA's Safety Management System (SMS) in the way roadside inspections are counted, Driver-only violations will be placed into SMS for CVSA Level III inspections. In order to be consistent, the use of a Level III inspection to count towards anything other than a Level III, Driver-only inspection should be disallowed. Because of the way FMCSA interprets the use of Level III inspections for certification, it is inconsistent with Op Policy 4 as it is presently written. Due to this inconsistency, it is imperative that this issue be resolved at the earliest possible time.

This issue could be resolved by: Removing the "1" from the HM / TDG column in the Reference Chart for Tracking Annual Certification" for Example #4. At this time, there is no supporting documentation for this action.