Trucking and Motorcoaches
The Mandatory High-Risk Carriers Letter Report - FY 2018
Pursuant to Senate Report 115-138 accompanying Senate Bill 1655, and the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2018 (Pub.L. 115-141), the letter provides the Mandatory High-Risk Carriers Report to Congress – Fiscal Year 2018. The letter report contains...
The Statutory Rulemakings Report - July 2019 and January 2020
Pursuant to section 5307 of the FAST Act (P.L. 114-94), the letters provide written notification for each of the rulemakings subject to section 5307(c), including a description of actions taken to date, explanations of delay, and expected dates of rulemaking completion.
What work may the driver perform for an employer, if a driver violates the prohibitions in subpart B?
Section § 382.501: Removal from safety-sensitive function.
Guidance Q&AQuestion 1: What work may the driver perform for an employer, if a driver violates the prohibitions in subpart B?
Guidance: A driver who has violated the prohibitions of subpart B may perform any...
Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an entity such as a motor carrier) to release driver information that is
§ 382.413: Inquiries for alcohol and controlled substances information from previous employers.
Guidance Q&AQuestion 4: Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the...
Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years.
Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers
Guidance Q&AQuestion 2: Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances...
What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent?
Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers.
Guidance Q&AQuestion 1: What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written...
What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results?
Section § 382.405: Access to facilities and records.
Guidance Q&AQuestion 5: What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results?
Guidance: The...
Guidance on how a Canadian motor carrier can comply with the testing regulations when adding cross border work to an intra-Canadian driver’s duties
Guidance on how a Canadian motor carrier can comply with the testing regulations when adding cross border work to an intra-Canadian driver’s duties
Section § 382.305: Random testing.
Guidance Q&AQuestion 16: Canadians believe that their laws require...
May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other proceeding (including, but not limited to, worker’s compens
Section § 382.405: Access to facilities and records.
Guidance Q&AQuestion 4: May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other...