Existing regulations at 49 CFR 387.403 require household goods freight forwarders to obtain cargo insurance in the amount of $5,000 for loss of, or damage to, household goods carried on any one motor vehicle; and $10,000 for loss of, or damage to, or the aggregate of losses or damages of, or to, household goods occurring at any one time and place. Non-household goods freight forwarders are not required to obtain cargo insurance. FMCSA did not make any changes to these requirements as a result of MAP–21. Source:78 FR 54720, Sept. 5, 2013.

Last Updated : May 8, 2014

The Treasury Department’s Financial Management Service maintains a list of certified surety bond companies on their website. This and other information about certified surety bond companies can be obtained from:

U.S. Department of the Treasury
Financial Management Service
Surety Bond Branch
3700 East West Highway
Room 6F01
Hyattsville, MD 20782,
Telephone (202) 874–6850
Fax (202) 874–9978

Last Updated : May 9, 2014

Yes. A driver may be cited for failing to operate a commercial motor vehicle in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated as required under 49 CFR 392.2. Further, a conviction of failing to obey a traffic control device would be counted against a motor carrier’s Compliance, Safety, Accountability score.

Last Updated : April 3, 2014

In all cases, clinical judgment is required. The Medical Examiner decides if the driver's diabetes is adequately controlled, which determines certification, length of certification or disqualification. FMCSA guidelines recommend performing annual examination for vision, neurological function and cardiovascular disease, including hypertension. In general, the diabetic driver should have annual re-certification examinations.

Last Updated : April 1, 2014

The Medical Examiner decides to certify, time-limit or disqualify. The decision to certify a driver is determined by whether the examiner believes that the blood in the urine affects the ability of the commercial driver to safely. Regardless of whether the CMV driver is certified, the Medical Examiner should document referral to a specialist or the driver's Primary Care Provider.

Last Updated : April 1, 2014

• Yes, according to 49 CFR 391.43(i), each original (paper or electronic) completed Medical Examination Report Form, MCSA-5875, and Medical Examiner’s Certificate, Form MCSA-5876, must be retained on file at the Medical Examiner’s office for a period of at least 3 years from the date of examination. The Medical Examiner’s employer may maintain all required records on behalf of the Medical Examiner in a centralized medical records department or within its electronic health record system, as long as the Medical Examiner may request and obtain the records and can provide the scanned records upon request to FMCSA or an authorized Federal, State, or local enforcement agency.

Last Updated : June 4, 2019

If a new entrant receives a notice under § 385.319(c) that its new entrant registration will be revoked, it may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in determining that its basic safety management controls are inadequate. The request must:

• Be made to the Field Administrator of the appropriate FMCSA Service Center
• Explain the error the new entrant believes FMCSA committed in its determination
• Include a list of all factual and procedural issues in dispute and any information or documents that support the new entrant’s argument

FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issues(s) in dispute. If the new entrant does not attend the conference or does not submit the requested data, FMCSA may dismiss the new entrant’s request for review.

A new entrant must submit a request for an administrative review within one of the following time periods:

• If it does not submit evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its basic safety management controls are inadequate
• If it submits evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its corrective action is insufficient and its basic safety management controls remain inadequate

If a new entrant wants to ensure that FMCSA will be able to issue a final written decision before the prohibitions outlined in § 385.325(c) take effect, the new entrant must submit its request no later than 15 days from the date of the notice that its basic safety management controls are inadequate. Failure to submit the request within this 15-day period may result in revocation of new entrant registration and issuance of an out-of-service order before completion of administrative review.

FMCSA will complete its review and notify the new entrant in writing of its decision within:

• 45 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(1)
• 30 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(2)

The Field Administrator’s decision constitutes the final Agency action.

For more information on the New Entrant Program, click here.

Yes.  FMCSA will continue the policy allowing carriers to request a determination of crash non-preventability and the removal of such crash or crashes from consideration of the carrier’s crash rate calculation, if the carrier knows that its recorded crash rate will likely be greater than the national average.

Last Updated : July 29, 2015

The decision to qualify a driver to operate a CMV in interstate commerce is the sole responsibility of the Medical Examiner. The driver may discuss the basis for the disqualification with the Medical Examiner and explore options for reconsideration.

Last Updated : April 1, 2014

No. Although FMCSA is authorized, pursuant to 49 U.S.C. 13906(b) and (c), to accept group financial security products to meet property broker and freight forwarder financial responsibility requirements on the condition that those products otherwise meet the requirements set forth in 49 U.S.C. 13906 and 49 CFR part 387, the Agency is not required to accept these group financial security products. At this time, FMCSA is considering the enforcement implications of group sureties as well as the effect on small entities and new entrants. FMCSA is committed to reexamining this issue as part of its enforcement phase-in plan described under section C, FMCSA Implementation and Enforcement Timelines of 78 FR 54720, Sept. 5, 2013.

Last Updated : May 9, 2014

Yes. If a random selection is done based on locations or terminals, a two-stage selection process must be utilized. The first selection would be made by the locations and the second selection would be of those employees at the location(s) selected. The selections must ensure that each employee in the pool has an equal chance of being selected and tested, no matter where the employee is located. [§382.305, Question 7]

Last Updated : May 20, 2015

Yes. Freight forwarders and brokers are required to register with FMCSA. Freight forwarders that perform both freight forwarder services and motor carrier services must register both as a freight forwarder and as a motor carrier. Also note that motor carriers that broker loads, even occasionally, must register both as a motor carrier and as a broker.

Last Updated : October 30, 2015

No.  If the carrier’s safety status improves while awaiting the comprehensive investigation, the Division Administrator may elect to remove the carrier from the “Investigate 1” list, as long as it is noted in the carrier assignment system why the carrier was removed.

Last Updated : July 29, 2015

One $75,000 bond or trust fund is sufficient as long as the legal entity holding the authorities is the same. Your company will need to file separate BMC–84/BMC–85 forms for the broker and freight forwarder operations. However, the underlying bond or trust fund can be the same for both operations. If your broker and freight forwarder operations are conducted under separate but affiliated companies, each entity must have a separate bond or trust fund. Source: 78 FR 54720, Sept. 5, 2013.

Last Updated : April 2, 2014

Q. My company received a communication entitled, “Urgent Compliance Notice” which states that our company is not in compliance with DOT Drug and Alcohol training requirements and will be subject to civil penalties up to $10,000, if our supervisors do not have at least an hour of controlled substance abuse and 1 hour alcohol misuse training pursuant to 49 CFR §382.307 (e.g. reasonable suspicion training). Is this a legitimate notice and is my company required to get training from the company that sent this solicitation?

A. The Federal Motor Carrier Safety Administration does not send notices to motor carriers entitled, “Urgent Compliance Notice” and has been made aware of companies that attempt to solicit business from newly registered motor carriers by creating an appearance that they are affiliated with FMCSA If your company is subject to the requirement for  DOT supervisor training, you are under no obligation to get such training from the company that sends a solicitation.  Motor carriers that do not operate vehicles which require a CDL-licensed driver are not subject to the DOT Drug and Alcohol testing rules or the requirement for DOT supervisor training.  If you have any questions or concerns about a notice that your company receives, you can contact FMCSA. For additional information, please see http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/us-department-transportation-dot-drug-alcohol-supervisor-training.

Last Updated : May 20, 2015

The Federal Motor Carrier Safety Regulations (FMCSRs) does not include a list of prohibited medications.

The Agency relies on the certifying medical examiner to evaluate and determine whether an underlying medical condition, medication, or combination of medications and substances used by an individual driver will impair his or her ability to safely operate a commercial motor vehicle (CMV).  Medical Examiners may disqualify a driver who takes any medication or combination of medications and substances that may impair or interfere with safe driving practices.  All medications must be assessed to determine the potential risk of adverse side effects, which include but are not limited to:  dizziness, drowsiness, and sleepiness, and the direct impact the potential side effects have on CMV driving and operation safety.

The medical examiner may confer with the treating medical specialist(s) who is familiar with the driver’s health history.  The final decision to certify the driver rests with the certifying medical examiner.

The certifying medical examiner may consider utilizing the optional medication form when communicating with the treating prescribing clinician.

Medication Form for optional/voluntary use by the Certified Medical Examiner.

Last Updated : June 18, 2020

FMCSA regulations prohibit a driver from beginning or continuing to drive if their ability and/or alertness is impaired by: fatigue, illness, or any cause that makes it unsafe to begin (continue) to drive a commercial vehicle.
Even if a driver currently has a valid medical certificate, the driver is prohibited from driving a CMV with any medical condition that would be disqualifying or may interfere with the safe operation of a CMV. Once a disqualifying medical condition is resolved, and before resuming operation of CMVs, a driver is responsible for obtaining re-certification from a Medical Examiner. 391.45

Last Updated : April 1, 2014

An application for operating authority is Dismissed if the applicant fails to provide evidence of financial responsibility (proof of insurance) and a designation of process agent Form BOC-3 approximately 90 days from the date of filing of the application. 

A dismissal is the equivalent of a rejection, and you have two options to proceed:  

1. Submit an Appeal: If you have evidence that insurance was filed on time and the dismissal was made in error, you can choose to submit an appeal. Make sure to provide the necessary documentation to support your appeal. 

2. File a New Application: You can file a new application for operating authority. You have the option to apply online or by sending the corresponding OP series form as applicable. Additionally, you will need to pay the appropriate fee of $300 per type of operating authority requested. Applications following a rejection/dismissal must be filed under the same USDOT and MC/FF numbers.   

Important Note:  Any subsequent applications following a rejection or dismissal cannot be filed via the Unified Registration System.  

Occasional Drivers: My company purchased a large truck that is over 26,001 lbs. gross vehicle weight rating (GVWR). We do not currently employ any commercial driver’s license (CDL) drivers. The vehicle has only been driven a few times by a family friend, who is not an employee and has driven the vehicle as a favor absent any compensation. Does our company need a DOT drug and alcohol testing program to test this occasional driver?

Yes.  In accordance with §382.103, your company must implement a DOT drug and alcohol program for all drivers operating a commercial motor vehicle (CMV) that requires the driver to possess a commercial driver’s license (CDL).  Section §382.107 defines “Driver” as “any person who operates a commercial motor vehicle.”  This includes, but is not limited to: full time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.  Your company must either cease all operations of the CMV on public roads, or implement a DOT drug and alcohol testing program for any driver before he/she may operate the vehicle, regardless of whether driver compensation is involved.

Last Updated : May 20, 2015

The investigation must be performed within 6 months of the carrier being identified for enhanced oversight.

Last Updated : July 29, 2015