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.

For information on what you can expect from a moving company, see the Federal Motor Carrier Safety Administration (FMCSA) web site "Protect Your Move."  This site gives summaries of your rights as a consumer, instructions on how to respond if there is a problem with your move, etc.

Customers can file a complaint against a motor carrier or broker online or call 1-888-DOT-SAFT (1-888-368-7238). 

To check a moving company's FMCSA registration information and history, go to the Protect Your Move look-up page for household goods carriers.

You may also wish to check the company's status with the Better Business Bureau.

The New Entrant Program introduces new interstate motor carriers to federal safety standards and regulations. When a carrier registers and receives a U.S. Department of Transportation (USDOT) Number, they are considered a New Entrant for 18 months. A Safety Audit will be conducted within 12 months after the New Entrant begins operations.

New Entrants will receive a letter from FMCSA explaining what they need to do next.

While the state driver licensing agencies are responsible for issuing licenses to commercial drivers, the FMCSA sets the standards (found in 49 CFR 391.41) for drivers' minimum levels of physical fitness, and determines who can perform the physical exams.

• The FMCSA Medical Programs website is the main source of information on FMCSA physical standards and programs.
• The National Registry of Certified Medical Examiners lists medical professionals who have completed training and successfully passed a test on FMCSA's physical qualification standards, and are certified to perform FMCSA physical exams for commercial drivers.
• The Medical Examiner's Certificate is completed by the person who performed the exam, and certifies that the driver is physically qualified to drive a CMV. If they prefer a medical "card," Drivers can purchase a separate blank medical card from a supplier of motor carrier forms (e.g., State trucking association) before the exam and ask the examiner to complete and sign it, in addition to the Medical Examination Report form, or they can print the Certificate on cardstock.
• Drivers may apply for exemptions to some of the standards, such as loss of a limb, vision or diabetes standards. Information on how to apply for these exemptions is available on the FMCSA Medical Exemptions page.

For assistance with interpretation of FMCSA CDL medical standards, please contact the FMCSA Physical Qualifications Division directly:

• Email: FMCSAMedical@dot.gov
• Phone: 202-366-4001

For the purpose of complying with the new requirements for medical certification, it is important to know how you are using the CMV. To help you decide, follow these steps:

Step 1: Do you, or will you, use a commercial driver’s license (CDL) to operate a CMV in interstate or intrastate commerce?

• Interstate commerce is when you drive a CMV:
  • From one State to another State or a foreign country
  • Between two places within a State, but during part of the trip, the CMV crosses into another State or foreign country
  • Between two places within a State, but the cargo or passengers are part of a trip that began or will end in another State or foreign country
• Intrastate commerce is when you drive a CMV within a State and you do not meet any of the descriptions above for interstate commerce
• If you operate in both intrastate commerce and interstate commerce, you must choose interstate commerce

Step 2: Once you decide whether you operate (or will operate) in interstate commerce or intrastate commerce, you then must decide whether you operate (or expect to operate) in a non-excepted or excepted status.

Interstate Commerce:

• You operate in excepted interstate commerce when you drive a CMV in interstate commerce only for the following excepted activities:
  • To transport school children and/or school staff between home and school
  • As Federal, State or local government employees
  • To transport human corpses or sick or injured persons
  • Fire truck or rescue vehicle drivers during emergencies and other related activities
  • Primarily in the transportation of propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding
  • In response to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture
  • In custom harvesting on a farm or to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or market
  • Beekeeper in the seasonal transportation of bees
  • Controlled and operated by a farmer, but is not a combination vehicle (power unit and towed unit), and is used to transport agricultural products, farm machinery or farm supplies (no placard-able hazardous materials) to and from a farm and within 150 air-miles of the farm
  • As a private motor carrier of passengers for non-business purposes
  • To transport migrant workers
• If you answered yes to one or more of the above activities as the only operation in which you drive, you operate in excepted interstate commerce and do not need a Federal medical examiner’s certificate
• If you drive for more than just the above activities, you operate in non-excepted interstate commerce and are required to provide a current medical examiner’s certificate (49 CFR 391.45), commonly referred to as a medical certificate or DOT card, to your SDLA. Most CDL holders who drive CMVs in interstate commerce are non-excepted interstate commerce drivers
• If you operate in both excepted interstate commerce and non-excepted interstate commerce, you must choose non-excepted interstate commerce to be qualified to operate in both types of interstate commerce

Intrastate Commerce:

• You operate in excepted intrastate commerce when you drive a CMV only in intrastate commerce activities which your State of licensure has determined do not require you to meet the State’s medical certification requirements
• You operate in non-excepted intrastate commerce when you drive a CMV only in intrastate commerce and are required to meet your State of licensure’s medical certification requirements
• If you operate in both excepted intrastate commerce and non-excepted intrastate commerce, you must choose non-excepted intrastate commerce

Step 3: Provide your State Driver Licensing Agency with your self-certification of your operating status. If you self-certify to non-excepted interstate, you must provide your SDLA with either the original or copy of your current medical examiner’s certificate as required by your SDLA.

If your medical examiner’s certificate is only valid with a variance granted by FMCSA, you may also be asked by your SDLA to provide a copy of that variance document.