Frequently Asked Questions
Yes. Guidelines for reporting a driver operating a CMV without a medical certificate issued by a Medical Examiner and whistleblower protections, i.e., Motor Carrier Employee Whistle Blower Protection, (49 United States Code 31105 and 29 Code of Federal Regulations 1978).
Last Updated : April 1, 2014
The decision is made by the Medical Examiner. The examiner may request information about the driver’s condition from their treating doctor. In general, certification is permitted if the driver does not have a condition, use medication or receive treatment that impairs safe driving.
Last Updated : April 1, 2014
No. License plates and stickers are State matters, and you should contact your State vehicle registration office for the requirements.
An index of state government agencies is available.
Last Updated : April 3, 2014
No, that is not sufficient. The requirement is for the carrier to have on board the vehicle a copy of the complete Certificate of Registration or Operating Authority.
Last Updated : December 12, 2015
For Mexico-domiciled motor carriers, commercial zones are areas along the Southern U.S. border, or locations specified in 49 CFR 372, Subpart B that are exempt from certain regulatory provisions. Some zones are identified by name. The population of the municipality determines those that are not identified in 49 CFR 372, Subpart B. The OP-2 application instructions have a list of the border crossings and associated commercial zones.
Last Updated : December 12, 2015
The rule did not change the methods used to perform roadside inspections, but it did change how some information is recorded.
In highway intermodal operations, different entities are usually responsible for the inspection, repair, and maintenance of the power unit (tractor) and the trailing unit (IME). In most situations, a motor carrier is responsible for the tractor, but an intermodal equipment provider (IEP) is responsible for the intermodal equipment (IME) used to transport intermodal containers. For that reason, FMCSA has changed the Aspen software to include separate fields to record the identification of the power unit and the trailing unit. An inspection official will enter the USDOT numbers and equipment identification numbers for both the tractor and IME trailer.
There are some motor carriers that operate their own IME. For those carriers, enter the USDOT number for the carrier in both fields, and enter the tractor and trailer identification numbers for each unit.
In some situations, motor carriers use a flatbed trailer to transport intermodal containers. In most cases, the flatbed trailer is not an item of IME, and it should be identified as the motor carrier’s unit.
An intermodal container is cargo – it is not part of the IME.
Last Updated : April 3, 2014
As of January 30, 2015, Class A, B, or C commercial drivers which certify as “non-exempted interstate” drivers are no longer required to carry their Medical Examiner Certificate in their possession.
Last Updated : August 20, 2015
Yes. The HM Safety Permit requirements are enacted under the authority of the Hazardous Materials Law, which applies to U.S. Territories.
Materials poisonous by inhalation that meet the definitions in 49 CFR parts 171.8, 173.116(a) and 173.133(a) will require a permit regardless of other hazards the materials may exhibit. Materials will generally not have a subsidiary radioactive or explosive hazard as these hazards would be considered the primary hazard. Liquefied gases must have at least 85% methane content to require a permit, or meet the definitions of materials toxic by inhalation, explosive or radioactive.
Last Updated : April 14, 2014
No. Anyone brokering a load must be registered as a broker, which by definition may only arrange -- not perform -- transportation unless the person is also separately registered as a motor carrier. A motor carrier that is performing part of the transportation as an interline operation, however, typically performs that service under its own motor carrier operating authority registration or the operating authority of the originating motor carrier. As a result, the motor carrier arranging the interline service in order to perform the transportation service requested by the shipper would not be brokering the load and would not require broker registration.
Last Updated : May 8, 2014
Yes. As a practical matter, any IEP that sends chassis into the 50 States and the District of Columbia will have to mark those chassis as required by the IEP final rule (73 FR 76794). Otherwise, the motor carrier pulling the chassis/container combination would have violated the marking regulation (§ 390.21).
Because motor carriers are unlikely to accept the risk of fines for transporting unmarked chassis, foreign or non-‘United States’ IEPs that know their equipment will operate within the United States may find it necessary, for business reasons, to file a Form MCS-150C and mark their equipment. FMCSA will accept registration applications from such entities and issue them USDOT numbers. In these cases, however, the assignment of an identifying number does not amount to an assertion of jurisdiction over the foreign or non-United States IEP.
Last Updated : April 7, 2014
No.
Last Updated : April 1, 2014
No. There is no fee schedule.
Last Updated : April 1, 2014
The FMCSRs do not apply directly in Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands because those jurisdictions do not fall within the definition of a "State" in 49 U.S.C. 31132(8). However, those jurisdictions are defined as "States" for purposes of the Motor Carrier Safety Assistance Program (MCSAP) (49 U.S.C. 31101(4)).
Therefore, as a condition of accepting MCSAP funds, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands must adopt regulations "compatible" with 49 CFR 390-397 (see 49 CFR 350.201(a)). "Compatible" means that "State laws and regulations applicable to interstate commerce and to intrastate movement of hazardous materials are identical to the FMCSRs and the HMRs or have the same effect as the FMCSRs."
An intermodal equipment provider in Puerto Rico or the U.S. Virgin Islands must therefore comply with the "compatible" regulations those jurisdictions adopt to remain eligible for MCSAP funds.
Last Updated : April 7, 2014
Does the legalization of the use and possession of marijuana by a State, or other country that has drivers who operate in the United States, change the treatment of marijuana use under federal regulations applicable to drivers operating a commercial motor vehicle (CMV) (as defined in 49 CFR § 390.5)?
No. Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). In addition to the physical qualification requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any Schedule I controlled substance, including marijuana, while on duty, and prohibit motor carriers from permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I controlled substance. (See 49 CFR §§ 392.2 and 392.4). Legalization of marijuana use by States and other jurisdictions also has not modified the application of U.S. Department of Transportation (DOT) drug testing regulations in 49 CFR parts 40 and 382. (See https://www.transportation.gov/odapc/medical-marijuana-notice and https://www.transportation.gov/sites/dot.gov/files/docs/odapc-notice-recreational-mj.pdf.)
Last Updated : October 23, 2017
Yes. Section 393.93 of the FMCSRs (49 CFR 393.93) requires seat belts on trucks, truck tractors, and buses manufactured on or after January 1, 1965. For vehicles built on or after January 1, 1965, but before July 1, 1971, the seat belts must comply with the FMCSRs in effect on the date of manufacture.
For vehicles built on or after July 1, 1971, the seat belts must comply with the applicable National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards concerning seat belts (49 CFR 571.208, 571.209, and 571.210).
When the FMCSRs require conformity to a Federal Motor Vehicle Safety Standard, the vehicle or equipment must conform to the version of the Standard that is in effect on the date the vehicle, or a subsequent version of the requirements.
Last Updated : April 15, 2014
Driving School Applicability: Is a person who is attending a truck driving school, and does not yet have a commercial learner’s permit or CDL, required to complete the return-to-duty process if they test positive on a DOT pre-employment test at the school?
Persons who do not have a commercial learner’s permit or CDL are not subject to the DOT drug and alcohol testing program. Therefore a drug test performed by the driving school on a student that does not possess a commercial learner’s permit or CDL does not qualify as a DOT pre-employment test and the student would not be subject to the DOT return-to-duty process.
Truck driving schools/employers must include prospective student drivers that possess a commercial learner’s permit or CDL in their DOT testing program before such drivers are allowed to operate a CMV that requires a CDL. See §382.103, Question 2.
Last Updated : May 14, 2015
Employer Requirements for Positives: Medical Review Officers (MROs) are required to maintain a signed or stamped and dated copy of Copy 2 of the control custody form (CCF) for positive drug test determinations. Are employers subject to the same requirement?
MRO record retention requirements for drug test results are found at §40.163. Pursuant to §382.401, employers must maintain certain drug and alcohol testing records for five (5) years, including positive drug test results. Employers may maintain these records electronically so long as they are able to produce the records for inspection pursuant to §390.31.
Last Updated : May 14, 2015
Yes, but the new employer must immediately resume the follow-up testing requirements prescribed by the substance abuse professional (SAP) [§40.307(e)]
Last Updated : May 14, 2015
The certificate is valid for 2 years. In addition, drivers with specific medical conditions require more frequent certification:
Hypertension (high blood pressure) stable on treatment 1 year
Heart disease 1 year
Qualified under 391.64 the original diabetes and vision waiver program 1 year
New insulin and vision exemption program 1 year
Driving in exempt intra-city zone 1 year
Determination by examiner that condition requires more frequent monitoring, such as diabetes mellitus or sleep disorders.
Last Updated : April 1, 2014