Frequently Asked Questions
Self-Admission: A driver admits to a company official they have used a controlled substance as defined in the National Institute of Drug Abuse (NIDA-5) for a 5 panel DOT drug test, however, the self-admission does not meet the criteria under 49 CFR § §382.121 ( a) (1-4)382.121 (a) (1-4) or the employer does not have a qualified voluntary self-identification program under 49 CFR §382.121 (b). Does this trigger a DOT Evaluation and the return-to-duty process?
Yes. If an employee admission does not fall under 49 CFR §382.121 , then by default the admission provides the employer with “actual knowledge” of drug or alcohol use, which triggers a DOT SAP return-to-duty process under Part 382, Subpart B.
Last Updated : May 20, 2015
A USDOT number usually applies to the company, not a particular branch office or vehicle. Generally the corporate office or headquarters should register the company, and should inform its branches of the USDOT number. For companies with multiple branches, maintaining proper registration with the FMCSA requires good communication between the corporate headquarters and the terminal offices. The company's headquarters then can then interact with the FMCSA to ensure that all of its branches are properly accounted for.
Shy Bladder: A CDL driver could not provide enough urine for the random test within thee hours of his/her first unsuccessful attempt. The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation?
In this situation, referred to as a “shy bladder,” the driver has up to five days to obtain an evaluation from a licensed physician that contains a medical reason for the failure to provide a urine sample that would be acceptable to the medical review officer (MRO). The MRO must receive a copy of the evaluation and related medical records, and will decide whether the test is cancelled or declared a refusal. The regulations governing this process, including individual responsibilities are found in 49 CFR §40.193 and §40.195.
Last Updated : May 20, 2015
A driver's best chance of survival is remaining conscious and in place behind the wheel of his/her truck. Wearing a safety belt greatly reduces your chance of sustaining injuries, and increases your chances of survival.
Last Updated : April 15, 2014
Mexico-domiciled drivers are not required by Mexico to prepare Records of Duty Status while operating in Mexico but they are subject to hours of service limitations and must record their hours of work. The Secretaría de Comunicaciones y Transportes (SCT) regulates motor carrier operations in Mexico. You might want to consult the SCT web site for more information on hours of service and record keeping while in Mexico.
Last Updated : September 8, 2015
The Secretaría de Comunicaciones y Transportes (SCT) regulates truck traffic in Mexico and it has established a program to allow U.S. motor carriers to provide long haul trucking services. The requirements for registering and contact information may be found on the SCT web site.
Last Updated : September 8, 2015
Employers are required to provide employees who have engaged in prohibited conduct, as addressed in 49 CFR Part 382, Subpart B, with contact information for SAPs and counseling and treatment programs. [§382.605, Question 4]
Last Updated : May 20, 2015
Yes. Unless you are an owner-operator employing yourself as the only driver [§382.603, Question 3], you must ensure that all supervisors that are designated to supervise CDL drivers undergo a one-time 2-hour training requirement. The training, at minimum, must include at least 60 minutes of alcohol misuse training and 60 minutes of controlled substance use training, which enables supervisors to recognize signs of drug and alcohol use that support §382.307 reasonable suspicion testing.
Last Updated : May 20, 2015
No, an employer may not include non-CDL drivers in the DOT random testing pool. Please see 49 CFR § 40.347 (B) (2) The DOT and FMCSA drug and alcohol testing regulations apply to any person who operates a CMV, as defined in § 382.107, in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part 383,. An employer may perform testing beyond that required by the DOT rules, but the employer may not represent such testing as a DOT test and must place non-DOT covered employee drug and alcohol testing in a pool that is completely separate from the DOT covered testing pool. See §382.305 Question15.
Last Updated : May 20, 2015
The Custody and Control Form for a pre-employment DOT test mistakenly indicated that the test was conducted pursuant to the Federal Railroad Administration’s (FRA) authority. The form should have indicated that the employee was a CDL-driver, being tested pursuant to FMCSA authority. Does this procedural error require the employee to have another pre-employment drug/alcohol test?
No, the driver does not need to be retested. So long as the driver was tested in accordance with Part 40 and the test did not contain any flaws addressed in §40.201 or §40.203, or the error does not have a significant adverse effect on the rights of the employee to have a fair and accurate test, a new test is not needed. [§40.209(b)(1)]
Last Updated : May 20, 2015
The rule applies to intermodal equipment providers (IEPs) and to motor carriers and drivers operating intermodal equipment (IME).
Last Updated : April 4, 2014
The only change is the addition of the MAP-21 definition for “covered farm vehicle” under 49 CFR 390.5. The definitions for “agricultural commodity” and “farm supplies for agricultural purposes” in § 395.2 were not amended by MAP-21. Source: 78 FR 16189, March 14, 2013.
Last Updated : May 8, 2014
For HMSP carriers with insufficient data to calculate a percentile in SMS - those who rarely undergo roadside inspections and have a safety rating over 4 years old - FMCSA will conduct comprehensive investigation to calculate a percentile in SMS during any month of the current 48-month period.
Last Updated : July 29, 2015
- The FMCSA will work with its State and local partners to ensure they understand their enforcement authority against motor carriers and drivers that fail to abide by roadway signs
- The FMCSA will work with its State partners and the truck and bus industries to distribute the Agency’s visor card “GPS Selection Guide for CMVs”
- The Agency will also work with commercial driver training school associations to encourage them to include electronic navigation system selection information in their training programs.
- FMCSA will consider electronic navigation system selection as it prepares to move forward with the entry-level driver training rule required by the Moving Ahead for Progress in the 21st Century (MAP-21) reauthorization legislation
Last Updated : April 3, 2014
You must comply with the terms and conditions of the exemption. This information is provided to you.
Last Updated : April 1, 2014
Carriers will be required to:
- Maintain a "satisfactory" safety rating in order to obtain and hold a safety permit
- Maintain their crash rating, and their driver, vehicle, hazardous materials or out-of service rating so they are not in the worse 30 percent of the national average as indicated in FMCSA's Motor Carrier Management Information System (MCMIS)
- Have a satisfactory security program (according to section 49 CFR Part 172, Subpart I) and associated training (according to section 49 CFR 172.704(a)(4) & (a)(5)) in place
- Maintain registration with PHMSA
- Develop a system of communication that will enable the vehicle operator to contact the motor carrier during the course of transportation and maintain records of these communications
- Have written route plan required for radioactive materials set forth in 49 CFR 397.101 and for explosives in Part 397.19 (currently required)
- Perform a pre-trip inspection (North American Standard (NAS) Level VI Inspection Program for Radioactive Shipments) for shipments containing highway route controlled Class 7 (radioactive) materials
There will be a process for issuing temporary safety permits, revoking and suspending a safety permit, and appealing decisions to suspend or revoke a safety permit.
Last Updated : April 15, 2014
- My mover is holding my shipment hostage for more money than he quoted me (in excess of 110% of non-binding estimate).
- My (interstate) mover/broker does not have the required authority from the FMCSA (unauthorized operations).
- My (interstate) mover/broker does not have the required insurance on file with the FMCSA (uninsured operations).
- My mover/broker failed to acknowledge, process and settle my loss and damage within 120 days of receipt.
- My mover/broker does not belong to a dispute settlement to handle loss and damage claims.
- My mover/broker failed to honor agreed pick-up and/or delivery dates without giving proper notice.
Primarily, the URS will unify registration data housed in multiple FMCSA systems into one authoritative database, thus reducing the possibility for conflicting registration data between FMCSA systems. The URS will streamline manual processes and combine several forms into one unified online registration form. This will save time and administrative costs for the industry and FMCSA. This rule will also improve FMCSA's ability to locate small and medium-sized private and exempt for-hire motor carriers when enforcement action is necessary. Working with designated process agents will help FMCSA investigators locate and/or serve documents on hard-to-find motor carriers. New carriers will not be granted safety registration and an active USDOT number until process agent filings (Form BOC-3) are complete.
For more information, please see the October 21, 2015 Federal Register notice.
On January 17, 2017, FMCSA published a Federal Register notice suspending the January 14 and April 14, 2017 URS effectiveness dates.
A carrier that furnishes false or misleading information, or conceals material information in connection with the registration process, is subject to the following actions:
- Revocation of safety registration
- Assessment of the civil and/or criminal penalties prescribed in 49 U.S.C. 521 and 49 U.S.C. Chapter 149
For more information on the New Entrant Program, click here.
A motor carrier operates commercial motor vehicles (CMV’s) to transport property, passengers, or hazardous materials (HAZMAT) and is involved in commerce (transportation related to a business). It could be a company with several power units, or it could be an owner-operator.
Note: CMVs include vehicles with Gross Vehicle Weight Rating (GVWR, which is the prescribed weight limit from the vehicle manufacturer, indicating the total amount the vehicle can weigh to operate safely) or Gross combination weight (GVW, which is the total weight of the truck, any trailers and cargo), of 10,001 pounds or more, whichever is greater.
A broker is the “middle person” between a shipper and a motor carrier. Brokers arrange for the transportation of property or household goods. They don’t transport the property, don’t operate motor vehicles or have drivers, and don’t assume responsibility for the cargo being transported. Hence, they don’t directly engage with it.
A freight forwarder organizes shipments for individuals or corporations. Freight forwarders assemble and consolidate shipments and provide for break-bulk and distribution of shipments. Unlike Brokers, Freight Forwarders assume responsibility for the transportation and may transport the freight itself. Therefore, they are involved directly or indirectly with the cargo.
Note: If you only transport Freight, you are not a Freight Forwarder.
To learn more about entity types, see our video ”How To Identify Entity Types”. Also located on the FMCSA Registration Home Page.