Section 391.43(g) requires the Medical Examiner to give a copy of the medical certificate to the driver and the motor carrier(employer), if the driver passes the medical examination.

Last Updated : April 1, 2014

Yes, you will keep the same MC number if you change your name. However, you will not receive a new certificate or permit, but you will receive a re-entitlement decision which should be attached to your original operating authority.

For information on how to change the name on your operating authority, click here.

There are situations where a legal name change, ownership change or form of business change may require a new USDOT number. For more information, click here.

Carriers who transport exempt commodities under part 387, subpart A are still required to maintain proof of financial responsibility on a designated form, the MCS-90, under 387.7(d), but the form is not required to be filed with FMCSA. Pursuant to 387.9, a for-hire property carrier is required to maintain a minimum level of $750,000. The only other reason you could be exempt from the minimum financial responsibility requirement is if you are not operating Commercial Motor Vehicles (i.e., your vehicles are less than 10,001 lbs.). Otherwise, you should have the appropriate documentation of financial responsibility.

No, you are not considered a Motor Carrier of Household Goods (HHG), and do not need HHG Operating Authority registration. The term “Motor Carrier of Household Goods” does not include any motor carrier that delivers furniture, appliances, or other furnishings between a factory or a store and an individual's household.  If you are not a moving company, you are not considered a Motor Carrier of Household Goods (HHG).

A Motor Carrier of Household Goods (HHG) is an authorized for-hire Motor Carrier that transports only household goods for the public in exchange for payment based on published tariff rates.  HHG carriers are paid to transport/move someone’s possessions from one “dwelling/office” location to another “dwelling/office” location.
HHG motor carriers also offer some or all the following additional services:  binding and nonbinding estimates; inventorying; protective packing and unpacking of individual items at personal residences; and/or loading and unloading at personal residences.  

Note: Motor Carriers of Household Goods must file proof of both public liability (BI & PD) and cargo insurance with FMCSA to obtain interstate Operating Authority.

Yes, all users who make filings or submissions with FMCSA will need an account to access the new registration system. Public users may access and view public data through the system's website without an account. FMCSA will allow all service providers, financial responsibility filers, blanket companies, and process agents to establish accounts in the new system before it is actively used for regulated entity registration management.

No, the Border Enforcement Grant program is not intended to take the place of the Motor Carrier Safety Assistance Program, but rather enhance it. They are two separate yet distinct grant programs.

Last Updated : March 4, 2014

Yes. All brokers and freight forwarders subject to FMCSA jurisdiction needed to file BMC–84 or BMC–85 forms reflecting the minimum financial security amount of $75,000.  Source: 78 FR 54720, Sept. 5, 2013

Last Updated : April 2, 2014

Q. If the driver admits to regular alcohol use, and based on responses on the driver history, further questioning or additional tools such as CAGE, AUDIT or TWEAK assessments, may the examiner require further evaluation prior to signing the medical certificate?

A. Yes. Except where absolute criteria exist, the final determination as to whether the driver meets the FMCSA medical standards is to be made by the medical examiner. The examiner should use whatever tools or additional assessments they feel are necessary. Under 391.43, Instructions to the Medical Examiner -Laboratory and "Other Testing," support is provided to the examiner if they believe that "Other test(s) may be indicated based upon the medical history or findings of the physical examination."

Further supporting the need for additional evaluation is the medical advisory criteria for 391.41(b) 13 which notes that "if an individual shows signs of having an alcohol-use problem, he or she should be referred to a specialist. After counseling and/or treatment, he or she may be considered for certification."
While not regulation, the medical advisory criteria are provided by the FMCSA to assist the Medical Examiner determine if a person is physically qualified to operate a CMV. The Medical Examiner may or may not choose to use these guidelines. These guidelines are based on expert review and considered practice standards. The examiner should document the reason(s) for not following the guidelines.

Last Updated : April 1, 2014

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