Yes. State attorneys general and consumer affairs agencies are responsible for pursuing suspected moving fraud. Get additional help from your state law enforcement resources and these additional consumer resources.

Q. In industry terminology, "intermodal trailer" means a closed van semi-trailer that is either owned or controlled by a railroad, leasing company, motor carrier, or private entities such as shippers and intermodal marketing companies. Motor carriers transport these trailers to and from intermodal rail and marine terminals, depots, container yards, etc. Are these intermodal trailers covered by the December 2008 rule (73 FR 76794)?

A. No. The Secretary of Transportation is required to issue regulations "to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained" (49 U.S.C. 31151(a)(1), emphasis added). Van trailers are not "intermodal containers," as that term is used in the statute.

Last Updated : April 3, 2014

Yes. FMCSA has authority to investigate service agents’ compliance with Parts 40 and 382 as required by Part 40. [§40.331]  Under the Moving Ahead for Progress in the 21st Century Act, P.L. 112-141 (MAP-21), Congress expanded FMCSA’s civil penalty enforcement authority to include service agent violations of alcohol and drug testing requirements under 49 CFR. [See(MAP-21, Sec. 3402, new 31306a(f)(2) & (k)(1)

Last Updated : May 14, 2015

No. The Medical Examiner is required to provide a copy of the Medical Examiner’s Certificate (49 Code of Federal Regulations (CFR) 391.43(g)) to the motor carrier that employs the driver. A release form is not required. The motor carrier is required to keep a copy of the certificate in the driver qualification file. (49 CFR 391.51(b)(7))

Last Updated : April 1, 2014

Yes. All entities with a USDOT number are required to file a biennial update every two years according to the prescribed schedule, by the last day of the month.

You can file a biennial update prior to the time that an update is due. FMCSA considers any update of an MCS-150 or MCS-150C that was completed by a motor carrier, Intermodal Equipment Provider (IEP), or carrier that has been issued a Hazardous Materials Safety Permit (HMSP) at any time during the 12 months immediately preceding the biennial update due date to satisfy the biennial update requirement.

For information on how to file your biennial update, click here.

An intermodal equipment provider (IEP) may enter into agreements with others (“designated agents”) to perform inspection, repair, and maintenance on its behalf. The IEP, however, is responsible for the work performed by its agents and for ensuring the safety of the intermodal equipment (IME) it tenders to motor carriers and drivers.

Last Updated : May 4, 2015

Due to Anhydrous Ammonia (ammonia, anhydrous) having both international and domestic entries in the Hazardous Materials Table (HMT)(See 49 CFR § 172.101), considerations must be made in order to determine the need for a Hazardous Materials Safety Permit (HMSP):

• For Anhydrous Ammonia in “domestic transportation” (See 49 CFR § 171.8)  and described as UN1005 ammonia, anhydrous 2.2 Inhalation Hazard, an HMSP is not required.
• For Anhydrous Ammonia described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, and when transported in a packaging having a capacity greater than 13,248 L (3,500 gallons), an HMSP is required.  In these instances, Anhydrous Ammonia meets the definition of a Material that is Poison-By-Inhalation or Toxic-By-Inhalation as defined in 49 CFR § 171.8 and meets the criteria for a hazard zone D as specified in 49 CFR § 173.116(a).

Last Updated : August 29, 2017

In general, all CMV drivers driving in interstate commerce within the United States must obtain medical certification from a Medical Examiner. CMV drivers from Canada and Mexico can be medically qualified in their countries.

Last Updated : April 1, 2014

Yes. If you transport hazardous materials in commerce, you are required to register with the FMCSA. This includes both intrastate and interstate transportation of hazardous materials. In addition to registration, you may also need to obtain specific permits or certifications, depending on the nature of the hazardous materials you are transporting. Please refer to the FMCSA website or contact our Hazardous Materials Division for more information on registration requirements and applicable regulations.

Under 49 United States Code 31315 and 31136(e), the FMCSA may grant an exemption from the FMCSRs if the agency determines it is in the public interest and would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the safety regulation. Section 381.300 through 381.330 of the FMCSRs describes procedures applicants must follow to apply for exemptions and can be viewed at 49 CFR 381.330. FMCSA currently has exemption programs for vision and insulin-treated diabetes mellitus, and offers a certificate program for drivers with limb impairments. FMCSA also has a special certification program for drivers with missing and/or impaired limbs (49 CFR 391.41(b)(1).

Last Updated : April 1, 2014

The guidelines recommend disqualifying a CMV driver with a diagnosis of Narcolepsy, regardless of treatment because of the likelihood of excessive daytime somnolence.

Last Updated : April 1, 2014

Depending on the amount, protein in the urine (Proteinuria) may indicate significant renal disease. The Medical Examiner may certify, time limit, or disqualify a commercial driver with Proteinuria. The decision is based on whether the examiner believes that Proteinuria may adversely affect safe driving regardless of the examiner’s decision. The driver should be referred for follow-up.

Last Updated : April 1, 2014

When a Medical Examiner grants medical certification, he/she certifies the driver to perform any job duty required of a commercial driver, not just the driver's current job duties.

Last Updated : April 1, 2014

Yes, the motor carrier (employer) is required to keep a copy of the medical card (certificate) on file and the driver is required to keep the medical certificate (and supporting documents as required) with him while driving.

Last Updated : April 1, 2014

The FMCSRs do not address this issue.

Last Updated : April 1, 2014

No.  If a carrier is identified for enhanced oversight, the Agency will monitor the carrier’s safety and compliance behaviors, and conduct an investigation when warranted.  If an investigation is conducted and the final safety rating is less than satisfactory, then the HMSP will be immediately suspended.  During the time a carrier has a proposed rating of less than satisfactory, the carrier may file a petition for a change in the safety rating based on corrective action in accordance with 49 CFR 385.17, or a petition for administrative review based on 49 CFR 385.15.

Last Updated : July 29, 2015

Section 391.41(b)(10) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of CMVs by drivers with visual impairment in one eye; provided: (1) The driver is physically examined every year, including examination by an ophthalmologist or optometrist attesting to the fact that the driver: (i) Is otherwise qualified under 391.41; and (ii) Continues to measure at least 20/40 (Snellen) in the better eye. (2) The driver provides a copy of the ophthalmologist or optometrist report to the Medical Examiner at the time of the annual medical examination. (3) The driver provides a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to an authorized federal, state or local law enforcement official. The grandfathering provision is no longer available.

Last Updated : April 1, 2014

FMCSA will deny an application for provisional operating authority if a Mexico-domiciled motor carrier fails the PASA. If a Mexico-domiciled motor carrier fails the PASA, it may reapply for provisional operating authority after 30 days and must pay the required $300 non-refundable filing fee again.

Last Updated : June 30, 2015

Mexico-domiciled motor carriers who successfully pass a PASA must file required proof of financial responsibility (i.e. insurance) with FMCSA, (see 49 CFR Part 387.301) and may also be required to file an updated form BOC-3 – Designation of Agents-Motor Carriers, Brokers and Freight Forwarder s designating a person to accept service of process in each of the 48 contiguous States (if they were not already designated on the BOC-3 submitted with the OP-1(MX) application). This requirement is outlined in 49 CFR Part 366 – Designation of Process Agent. After FMCSA approves the carrier’s application, FMCSA will publish a summary of the application in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application. If no one opposes the application, the provisional operating authority will become effective. Opposed applications will be handled in accordance with the protest procedures in 49 CFR Part 365, subparts A and B.

Last Updated : June 30, 2015

Once FMCSA confirms that the application is complete, it will conduct safety and security vetting of the company and complete a Pre-Authorization Safety Audit (PASA).

The PASA confirms that the applicant has safety management systems in place to be able to comply with the following Federal Motor Carrier Safety Regulations:

• 49 CFR Part 382 – Controlled Substances and Alcohol testing;
• 49 CFR Part 383 – Commercial Driver’s License Standards; Requirements and Penalties;
• 49 CFR Part 387 – Minimum Levels of Financial Responsibility for Motor Carriers;
• 49 CFR Part 390 – Federal Motor Carrier Safety Regulations – General;
• 49 CFR Part 391 – Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors;
• 49 CFR Part 392 – Driving of Commercial Motor Vehicles;
• 49 CFR Part 393 – Parts and Accessories Necessary for Safe Operations;
• 49 CFR Part 395 – Hour of Service of Drivers;
• 49 CFR Part 396 – Inspection, Repair and Maintenance; and
• Federal Hazardous Materials Regulations (as applicable).

Last Updated : June 30, 2015