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This Transportation Safety Checklist form can be used as an aid by agricultural employers, farm labor contractors, and others providing transportation subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. For a more detailed description of the safety standards that apply to the transportation of agricultural workers, please see Wage and Hour Fact Sheet #50.
Vehicle Identifiers
Date:
Make/Model:
State and License Plate #:
VIN:
General Obligations
MSPA 29 CFR 500.100(a), 29 CFR 500.120
Comply with applicable federal and state standards
Ensure each driver has a currently valid driver’s license
Ensure that each vehicle is properly insured
H-2A 20 CFR 655.122(h)(4)
Comply with applicable federal, state, and local standards, including vehicle safety, insurance, and driver licensure requirements
Provide, at a minimum, the safety standards, driver licensure, and vehicle insurance requirements described in the Migrant and Seasonal Agricultural Worker Protection Act (See 29 USC 1841, 29 CFR 500.104 or 500.105, and 29 CFR 500.120-500.128)
Note: Use the checklist below that applies to the standards (DOL or DOT) applicable to your vehicle.
DOL Standards 29 CFR 500.104: Passenger automobiles, station wagons, and all other vehicles used for trips of 75 miles or less
External Lights
Head lights, tail lights, stop lights, back up lights, turn signals, and hazard warning lights are operable
Brakes
Operable brakes with no leaks
Tires
Adequate tread depth with no cracks/defects in the sidewall
Steering
Steering wheel and steering mechanism are safe
Horn
Operable air or electric horn
Mirrors
Rear view mirror and side view mirrors are present and not broken
Windshield/windows/windshield wipers
Windshield or windows not missing, broken, cracked, or with opaque obstruction that obscures vision
Wipers present, operable, or otherwise allow operator full frontal vision in all weather conditions
Fuel system
No leaks in the fuel lines or fuel tank
Fuel tank cap is present and secure
Exhaust system
Exhaust system in place with no leaks, and discharges away from passenger compartment
Ventilation
Windows operational to allow fresh air to occupants
Safe loading
Vehicle only driven when the combined weight of the vehicle, passengers, and cargo is below the manufacturer’s gross vehicle weight rating
Seats
Seats provided for each occupant or rider in, or on, the vehicle
Handles and latches
Door handles and door latches provided and maintained to allow exiting by occupants
Passenger compartment
Compartment floor and sides free of openings, rusted areas, or other defects
DOT Standards 29 CFR 500.105: Vehicles other than passenger automobiles and station wagons used for day-haul operations or for trips over 75 miles
Drivers or operators must fulfill the following minimum physical requirements:
No loss of foot, leg, hand, or arm
No mental, nervous, organic, or functional disease likely to interfere with safe driving
No loss of fingers, impairment of use of foot, leg, fingers, hand or arm, or other structural defect or limitation, likely to interfere with safe driving
If poor eyesight, properly prescribed corrective glasses must be worn when driving
If poor hearing, hearing aid must be worn when driving
Not addicted to the use of narcotics, habit forming drugs, or alcohol
Received physical examination within the previous 36 months
Has (or maintains a copy of) a valid, unexpired doctor’s certificate
Drivers or operators must fulfill the following minimum age and experience requirements:
At least 21 years old
Adequate driving skill and experience of at least one year
Sufficient knowledge of regulations
Sufficient knowledge of English
Has proper driver’s permit
Driving of motor vehicles
Driving rules to be obeyed
Vehicle driven in accordance with the laws, ordinance, & regulations of the jurisdiction in which it is operated
Alcoholic beverages
Vehicle not driven under the influence of alcohol
Driver has not drunk any alcoholic beverage or liquor while on duty
Schedules to conform with speed limits
Schedules must allow enough time to operate the vehicle within the speed limit
Driver ensures before operation that equipment and emergency devices are in working order:
Brakes and parking brake
Steering mechanism
Lighting devices & reflectors
Tires
Horn
Windshield wiper(s)
Rear-vision mirror(s)
Coupling devices
Fire extinguisher
Road warning devices
Safe loading
Loading properly distributed and secured adequately
Tailgate, tailboard, tarpaulins, doors, equipment, and rigging securely in place
Objects secured and do not obscure driver’s view, interfere with the movement of arms or legs, prevent access to emergency accessories, or prevent exit from cab
Number of passengers does not exceed seating capacity
Passengers are seated
Rest and meal stops for drivers
Driver’s rest stops provided at least once between meal stops
Driver’s meal stops no more than 6 hours apart
30 minutes or more given for driver meal breaks
Kinds of motor vehicles to transport workers
Workers may be transported on a bus, in a truck with no trailer attached, or in a truck with only a semitrailer and no other trailer attached. Workers may not be transported in a van without windows or other ventilation.
Limitation on distance
Transportation ceased for a period of at least eight consecutive hours when transporting migrants more than 600 miles
Lighting devices and reflectors
Required lamps or reflectors are not obscured by the tailboard
Lighting devices lighted during darkness
Ignition of fuel; prevention
Vehicle fueled when engine is off
No smoking or exposure to open flame in the vicinity of the vehicle when being fueled by driver or another person
Vehicle fueled while fuel hose is continuously in contact with the intake pipe of fuel tank
Driver or another person does not engage in an activity likely to result in fire or explosion
Reserve fuel
Any fuel supply carried on the motor vehicle is in a properly mounted fuel tank or tanks
Driving by unauthorized person
Vehicle only driven by authorized driver
Protection of passengers from weather
Passengers protected from inclement weather by use of the top or protective devices
Unattended vehicles; precautions
Parking brake set, wheels chocked, or reasonable precautions taken to prevent the movement of the vehicle when vehicle is left unattended
Railroad grade crossings; stopping required; sign on rear of vehicle
Full stop made at railroad crossing
Sign present on rear of vehicle
Parts and accessories necessary
Lighting devices
Vehicle equipped with required lights and reflectors
Brakes
Vehicles equipped with proper brakes
Coupling devices; fifth wheel mounting & locking
Fifth wheel coupling devices present and in safe condition
Tires
Tires are of adequate capacity and in safe condition
Passenger compartment (other than a bus)
Adequate floors and sides
No nails, screws, splinters present to potentially injure passengers
Adequate seats for each passenger
Adequate protection from weather
Adequate exit(s) from compartment including emergency exit
Adequate gates/doors, ladders or steps, and hand holds
Adequate means of communication with driver
Protection from the cold
No exhaust heaters or unenclosed flame heaters used
Heater fuel does not leak
Heater air is not contaminated
Heater securely fastened to the vehicle
Hours of service; maximum driving time adhered to
Vehicle inspected and maintained
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.