FMCSA Removes Three Devices from List of Registered ELDs
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) removed three devices from the agency’s list of registered electronic logging devices, or ELDs. Keep Tracking, Rollingtrans ELD – ACCURATE ONE, and RT ELD Plus – ACCURATE PLUS devices were placed on the Revoked Devices list due to the companies’ failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A. The removals are effective November 18, 2024.
FMCSA will send an industry-wide email to inform motor carriers that all who use these revoked ELDs must take the following steps:
- Discontinue using the revoked ELDs and revert to paper logs or logging software to record required hours of service data.
- Replace the revoked ELDs with compliant ELDs from the Registered Devices list before January 17, 2025.
Motor carriers have up to 60 days to replace the revoked ELDs with compliant ELDs. If the ELD providers correct all identified deficiencies for their devices, FMCSA will place the ELDs back on the list of registered devices and inform the industry of the update.
During this time, safety officials are encouraged not to cite drivers using these revoked ELDs for 395.8(a)(1) – “No record of duty status” or 395.22(a) – “Failing to use a registered ELD.” Instead, safety officials should request the driver’s paper logs, logging software, or use the ELD display as a back-up method to review the hours of service data.
Beginning January 17, 2025, motor carriers who continue to use the revoked devices listed above will be considered as operating without an ELD. Safety officials who encounter a driver using a revoked device on or after January 17, 2025 should cite 395.8(a)(1), and place the driver out-of-service (OOS) in accordance with the Commercial Vehicle Safety Alliance OOS Criteria.
FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed by the ELD providers. For more information on ELDs, visit FMCSA’s ELD website.
FMCSA Issues Warning About Rise In Phishing Scams
FMCSA SCAM ALERT! — The Federal Motor Carrier Safety Administration has issued a warning about phishing fake email being sent to carriers. This email, pretending to come from FMCSA, asks carriers to complete an attached form. In some cases, the email asks carriers to upload a copy of a certificate of insurance and Driver’s License to protect against fraud. The altered form requires customers to provide their Social Security Number and USDOT Personal Identification Number.
Things to remember:
✅ FMCSA would not request this information on a form.
✅ Communications from FMCSA relating to information requests of this type would either request you to log in to your portal account or come directly from an FMCSA dedicated mailbox.
✅ Communications from FMCSA would come from an official FMCSA email address, NOT safety@fmcsa.gov or filing@fmcsa.gov.
✅ Verify any email or communication you feel to be suspicious with FMCSA or the appropriate agency.
Learn more about this email scam at https://www.fmcsa.dot.gov/newsroom/high-alert-phishing-fake-emails
Federal Motor Carrier Safety Administration (FMCSA) Announces More Than $80 Million in Grants to Improve Highway Safety
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced more than $80 million in grant awards from President Biden’s Bipartisan Infrastructure Law. This historic funding will help reduce the frequency and severity of commercial motor vehicle crashes on our nation’s roadways and support truck drivers by expanding access to truck parking, investing in critical technology, improving safety in work zones, rural areas and high crash corridors, and more. Grant recipients include states, local governments, non-profit organizations, and academic institutions across the country.
The High Priority grants include a 65% increase in funding for truck parking projects over last year and enhance critical efforts to support truck drivers and improve safety such as:
- Expand access to truck parking by helping truck drivers locate available rest area truck parking spaces in real time via dynamic message signs along highways in Kentucky, Delaware, and Indiana.
- Research to support automated, location-based driver alerts via electronic logging devices that inform drivers of upcoming work zones — improving safety for both the drivers and the workers.
- Enhancement of electronic screening technologies to detect vehicle violations (such as automated license plate readers, USDOT number readers, tire monitoring system, and hazardous materials placard readers).
- Outreach and education to combat human trafficking, an effort in which truck drivers can play a key role given their time and attention on the road.
“We depend on truck drivers every day, and we have a national responsibility to support their safety and job quality,” said U.S. Transportation Secretary Pete Buttigieg. “Today, we are proud to deliver new funding that will improve safety on our nation’s roads.”
“President Biden’s historic investment through the Bipartisan Infrastructure Law helps improve commercial motor vehicle safety on our roadways both at the national and local levels,” said FMCSA Administrator Robin Hutcheson. “Our grantees will dedicate these investments to innovative technology, research, and other projects that will positively impact CMV safety and move us towards the National Roadway Safety Strategy’s goal of zero deaths on our nation’s roadways.”
This builds on the Biden-Administration’s continued investment in truck parking and safety on our nation’s roadways, which includes over $80 million invested in new truck parking spaces across the country.
- Caldwell County, Texas: $22.9 million RAISE grant to design and construct a truck parking plaza that improves safety and convenience for truck drivers. Plaza will include short- and long-term spaces with lighting, fencing, restroom and shower facilities, with 24-hour monitored security.
- Caldwell Parish, Louisiana: $10.5 million RAISE grant to buy land and build a Truck Parking facility near the port and a highway for 50 commercial trucks, 100 cars, and EV charging stations that are designed to provide auxiliary power units to power a truck cab’s heating and cooling, without having to run the engine while also recharging trucks. There will also be a system to find parking spaces in real-time.
- On I-4 Between Tampa and Orlando: $15 million INFRA grant for a new truck parking facility with approximately 120 spaces, electric charging stations, and pedestrian infrastructure to access nearby commercial amenities.
- Near Memphis, Tennessee: $22 million INFRA grant adds 125 truck parking spaces at a spot along I-40—a critical freight corridor. Project will also upgrade adjacent bridge structures.
All HP grant applications undergo a series of reviews before award selection. Please visit FMCSA’s grant program page for additional information on the discretionary application announcement, review, and approval process.
FMCSA Issues Final Guidance Clarifying Broker and Bona Fide Agents Definitions
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has issued regulatory guidance clarifying the definitions of “broker” and “bona fide agents.”
FMCSA issued the guidance in response to a mandate in the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, and the Fiscal Year 2023 Appropriations Act. The guidance clarifies the definitions in the Code of Federal Regulations, with an eye toward efficiency and defining financial responsibilities. FMCSA issued interim guidance in November 2022.
“This final guidance arms freight brokers and entities operating as bona fide agents or dispatch services in the trucking industry with information needed to help make appropriate decisions for their operations,” said FMCSA Administrator Robin Hutcheson. “It also helps clarify for regulated carriers whether they should work with entities that do not have broker authority and associated financial responsibility.”
The guidance offers clarification for brokers, dispatch services, trade associations and other stakeholders across the trucking industry.
FMCSA reviewed more than 130 comments filed during multiple comment periods for this guidance and considered them as part of the agency’s decision-making. FMCSA also sought comment on the guidance at a broker listening session it conducted during a major trucking show earlier this year.
FMCSA works to give regulated entities the information they need for efficient operations and this guidance helps entities know when operations require broker authority.
The final guidance can be viewed on the Federal Register.
Maryland Legalizes Recreational Marijuana — How Does This Impact CDL Drivers?
The State of Maryland has approved recreational marijuana sales beginning July 1st, 2023.
WHAT DOES THIS MEAN FOR CDL DRIVERS? The U.S. Department of Transportation explicitly states that its ‘Drug and Alcohol Testing Regulation’ does not allow the use of marijuana (recreational or medical) under state law (49 CFR Part 40). This means you can lose your CDL no matter your state if you test positive for marijuana/cannabis.
THE ANSWER: In short, despite marijuana being legalized in any given state, the U.S. Department of Transportation has a zero-tolerance policy at the federal level.
FMCSA Launches New Task Force to Combat Predatory Leasing Practices
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the nine members who will serve on the Truck Leasing Task Force (TLTF) chartered by Transportation Secretary Pete Buttigieg. TLTF will evaluate lease agreements in the industry and their potential safety and financial impacts on owner-operators. TLTF is established as a statutory committee under the authority of Section 23009 of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58 (2021), in accordance with the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2.
TLTF will address areas that have long needed intense focus. It will be tasked with providing best practices to assist drivers in assessing the impacts of a leasing agreement prior to entering into such agreement and recommendations on changes to laws to promote fair leasing agreements. TLTF’s work will contribute to FMCSA’s efforts to ensure that drivers have access to fair leasing agreements.
“At a time when our country needs truck drivers more than ever, we must do everything we can to support the men and women who work in this vital industry,” said U.S. Transportation Secretary Pete Buttigieg. “The Truck Leasing Task Force is taking a hard look at leasing agreements as part of our effort to ensure every truck driver in this country has good working conditions and can make a good living.”
Truck leasing is an important step that many owner-operators in the trucking industry take to get started in the business. Leases that contain terms that are inequitable to drivers may discourage safe drivers from continuing to work in the industry.
TLTF members include representatives from labor organizations, motor carriers, consumer protection groups, owner-operators, and other businesses, as well as attorneys and educators.
The nine members who will serve on FMCSA’s Truck Leasing Task Force are:
- Tamara Brock, Brock Logistics, LLC and Lewis & Lewis Logistics, LLC (Independent Owner-Operator)
- Paul Cullen, The Cullen Law Firm, PLLC (Attorney)
- Troy Hawkins, TTOH Consulting & Logistics, LLC (Independent Owner-Operator)
- Jim Jefferson, Owner-Operator Independent Driver Association (Consumer Protection)
- Joshua Krause, OTR Leasing, LLC (Business)
- Kaitlyn Long, International Brotherhood of Teamsters (Labor Organization)
- Steve Rush, Carbon Express Inc. (Carrier)
- Lesley Tse, Of counsel to Getman, Sweeney & Dunn, PLLC (Attorney)
- Steve Viscelli, Ph.D., University of Pennsylvania (Economic Sociologist)
“The Truck Leasing Task Force addresses one of trucking’s great challenges. Leasing can have a major impact on people choosing trucking as their career, and protecting drivers is of the utmost importance,” says FMCSA Administrator Robin Hutcheson. “FMCSA is committed to addressing issues that may impact the recruitment and retention of drivers in the trucking industry.”
FMCSA Launches Operation Protect Your Move, A Nationwide Crackdown on Moving Scams
The Federal Motor Carrier Safety Administration (FMCSA) today announced the launch of Operation Protect Your Move, a nationwide crackdown on scam movers ahead of the busy summer moving season. Through Operation Protect Your Move, FMCSA is deploying dozens of investigators across the country in an enforcement sweep to address the significant uptick in complaints of movers holding household possessions hostage to extort exorbitant additional charges from consumers. It will also address complaints against moving companies and brokers that are not in compliance with federal safety and consumer protection regulations and statutes while transporting household goods. The Operation covers both movers and the brokers that purport to connect consumers to local movers but instead facilitate fraud by promoting scams.
“Moving is stressful enough without having to worry about being scammed by your moving company, so we’re cracking down on moving companies that hold people’s possessions hostage, and the brokers who facilitate that fraud,” said U.S. Transportation Secretary Pete Buttigieg. “If you’re planning a move, we encourage you to visit protectyourmove.gov for more information to help protect yourself from moving scammers.”
“FMCSA takes its responsibilities very seriously to help protect consumers when moving their household valuables from one state to another,” says FMCSA Administrator Robin Hutcheson. “Consumers should feel confident they can trust the company hired to transport their possessions.”
Frequent complaints have been filed with FMCSA alleging companies of using deceptive business practices that are causing consumers to pay higher fees, experience delays in receiving their household goods, or in some cases not receiving their possessions at all. FMCSA is making every effort to protect consumers from these moving scams. The agency will formally document violations and has the authority to review and revoke the licenses of movers and brokers. Cases involving potential criminal misconduct may be referred to the U.S. Department of Justice for further investigation. Additionally, FMCSA will work directly with consumers to guide them through the process and help get their money and goods back.
The Operation is the first of many efforts planned over the next several months to address non-compliant household goods moving companies and brokers. In addition to ramped up investigations, FMCSA is taking several actions to crack down on mover scams, including doubling the number of investigators assigned to moving complaints and enhancing partnerships with consumer protection and attorney general offices across the country.
FMCSA also provides important information on its website at www.ProtectYourMove.gov for consumers planning an interstate move. Consumers can download a moving checklist, view videos on spotting red flags, confirm a mover or broker’s registration with FMCSA, and check the number of complaints against a particular company. Consumers can also file a complaint against a company regulated by FMCSA by visiting the agency’s National Consumer Complaints Database (NCCDB) at https://nccdb.fmcsa.dot.gov.
FMCSA has Removed ALL-WAYS TRACK, LLC’s “All-Ways Track” ELD from List of Registered ELDs
The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has removed All-Ways Track ELD from the list of registered Electronic Logging Devices (ELD). FMCSA has placed All-Ways Track ELD on the Revoked Devices list due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A, effective March 27, 2023.
FMCSA will be sending an industry email to let motor carriers know that all who use All-Ways Track ELD must take the following steps:
- Discontinue using the revoked ELD(s) and revert to paper logs or logging software to record required hours of service data.
- Replace the revoked ELD(s) with compliant ELD(s) from the Registered Devices list before May 26, 2023.
Motor carriers have a period of up to 60 days to replace the revoked ELD(s) with compliant ELD(s). If the ELD provider corrects all identified deficiencies, FMCSA will place the ELD back on the list of registered devices and inform the industry and the field.
During this period, safety officials are encouraged not to cite drivers using All-Ways Track ELDs for 395.8(a)(1) – “No record of duty status” or 395.22(a) – “Failed to use a registered ELD.” During this time, safety officials should request the driver’s paper logs, logging software, or use the All-Ways Track ELD display as a back-up method to review the hours of service data.
Beginning May 26, 2023, motor carriers who continue to use the revoked ELD listed above would be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked ELD on or after May 26, 2023 should cite 395.8(a)(1), and place the driver out-of-service (OOS) in accordance with the Commercial Vehicle Safety Alliance OOS Criteria.
FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time.
For more information on ELDs, visit FMCSA’s ELD implementation website.
International Roadcheck To Take Place May 16-18 with Emphasis on ABS and Cargo Securement
The Commercial Vehicle Safety Alliance (CVSA) has announced May 16-18 as this year’s International Roadcheck. This year, inspectors will focus on anti-lock braking systems (ABS) and cargo securement to highlight the importance of those aspects of vehicle safety. Although ABS violations are not out-of-service violations, ABS play a critical role in reducing the risk of collisions by preventing the wheels from locking up or skidding, allowing a driver to maintain control of the vehicle while braking. In addition, improper cargo securement poses a serious risk to drivers and other motorists by adversely affecting the vehicle’s maneuverability, or worse, causing unsecured loads to fall, resulting in traffic hazards and vehicle collisions.
During International Roadcheck, inspectors will conduct their usual roadside safety inspections of commercial motor vehicles and drivers. Data will be gathered from those three days and shared later this year, as a snapshot of the state of commercial motor vehicle and driver safety.
International Roadcheck also provides an opportunity to educate the motor carrier industry and general public about the importance of safe commercial motor vehicle operations and the North American Standard Inspection Program.
During a routine North American Standard Level I Inspection, inspectors focus on two areas – driver and vehicle safety compliance.
Vehicle safety – Inspectors will ensure the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, fuel and exhaust systems, frames, lighting devices, steering mechanisms, suspensions, tires, wheels, rims, hubs and windshield wipers are compliant with regulations. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, seating, and electrical cables and systems in the engine and battery compartments.
Driver safety – Inspectors will check the driver’s operating credentials, hours-of-service documentation, status in the drug and alcohol clearinghouse, seat belt usage, and for alcohol and/or drug impairment.
Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a CVSA decal, which is valid for three months. If the inspector does identify critical vehicle inspection item violations, as outlined in the North American Standard Out-of-Service Criteria, the vehicle will be restricted from operating until the identified out-of-service conditions have been corrected. Inspectors may also restrict the driver from operating if the driver is found to have driver out-of-service violations, such as not possessing a valid or necessary operating license or exhibiting signs of impairment.
CVSA’s law enforcement member jurisdictions in cities, states, districts, provinces and territories in Canada, Mexico and the U.S. participate in International Roadcheck with support from trucking associations, transportation safety organizations and federal agencies, such as the Federal Motor Carrier Safety Administration, Transport Canada and Mexico’s Ministry of Infrastructure, Communications and Transportation.
What is the International Roadcheck?
International Roadcheck is a high-visibility, high-volume 72-hour inspection and enforcement event where CVSA-certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers at weigh/inspection stations, designated inspection areas and along roadways.
FMCSA Announces Proposed Improvements to Its Safety Measurement System to Prevent Crashes
The Federal Motor Carrier Safety Administration (FMCSA) announced proposed changes to its Safety Measurement System (SMS) to reduce and prevent crashes. The SMS uses data from roadside inspections, crash reports, and investigations to identify and prioritize for intervention the motor carriers that pose the greatest risk to safety. As part of FMCSA’s commitment to continually improve how the Agency uses data to focus enforcement, these proposed changes aim to better identify the companies needing the most intervention and also will help companies better understand how to use this data to influence safer behaviors.
“Safety is FMCSA’s core mission. The proposed changes are part of the Agency’s continued commitment to enhancing the fairness, accuracy, and clarity of our prioritization system,” said FMCSA Administrator Robin Hutcheson.
Some of the proposed changes include reorganizing the SMS’s safety categories (currently known as “BASICs”); organizing roadside violations into violation groups for prioritization purposes; simplifying violation severity weights; adjusting some of the Intervention Thresholds that identify companies for possible intervention; and more changes aimed at comparing similar motor carriers to each other.
A new website, the Compliance Safety Accountability (CSA) Prioritization Preview, which is now live, is the first phase of planned updates to the Agency’s SMS. Motor carriers can visit the website to preview how their data would appear under the proposed changes. Companies are encouraged to preview these results and submit feedback on the proposed changes to FMCSA at the Federal Register website. Other users will be able to view sample pages.
FMCSA strongly encourages stakeholders to participate in the preview and submit their comments to the public docket.
The proposed changes to the Agency’s SMS are explained in a Federal Register notice (2023-02947). Feedback on the proposed changes must be submitted to the Federal Docket Management System (https://www.regulations.gov/), Docket ID Number: FMCSA-2022-0066. The 90-day comment period will begin on February 15, 2023 and are due by May 16, 2023. FMCSA will hold four public online question and answer webinars, during which participants will be able to ask questions about the preview and proposed changes and receive real-time answers, time permitting. Registration is required.
Visit the CSA Prioritization Preview website for more information.
Drug and Alcohol Clearinghouse: New Regulations For 2023
As of January 6, 2023, a pre-employment Clearinghouse query satisfies the requirement to investigate a prospective driver’s previous drug and alcohol program violations, as set forth in 49 CFR 391.23(e)(4) and 382.413(b).
Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)(1)-(3) and 382.413(a)).
As of today, January 6, 2023, three years of violation data is now stored in the Drug and Alcohol Clearinghouse. This means that prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements.
NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 382.413(c), since this information is not reported to the Clearinghouse.
Annual query requirements have not changed.
Employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ (see § 382.701(b)). This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2021, it is time to conduct the next round of annual queries.
Employers must obtain general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form).
Are you up-to-date on your annual queries?
Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.
USDOT Hosts Historic First Meeting of Women of Trucking Advisory Board with a Focus on Driver Safety
The U.S. Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA) hosted the inaugural meeting of the Women of Trucking Advisory Board (WOTAB), where members discussed the results of a new FMCSA report on driver safety. The new Advisory Board, created by the Bipartisan Infrastructure Law, is composed of 16 founding members with diverse backgrounds in the industry, and is focused on recruiting, retaining, supporting, and ensuring the safety of women commercial motor vehicle (CMV) drivers and strengthening the trucking industry as a whole. Collectively, WOTAB members have more than 80 years of driving experience with trucks, motorcoaches, and ports and more than 275 years in trucking and other modes of transportation. Currently, women make up just seven percent of all truck drivers on the road today.
“Truck drivers are the lifeblood of American supply chains, yet at a time when America needs truck drivers more than ever and can’t afford to leave any talent on the table, women are still vastly underrepresented in the industry,” said U.S. Transportation Secretary Pete Buttigieg, who kicked off the first Women of Trucking Advisory Board meeting. “Everyone deserves to feel safe in the workplace, and we’re grateful to this first Women of Trucking Advisory Board for helping address safety and other industry challenges to ensure these good, vital careers are accessible to all.”
“Safety is FMCSA’s number one priority, and all truckers should feel safe in this industry,” said FMCSA Administrator Robin Hutcheson. “It’s so important to have a diverse board of women trucking professionals who will help make the industry safer and a more appealing career option not only to women but to everyone who has been underrepresented in the industry.”
FMCSA conducted its survey, Crime Prevention for Truckers, to better understand the nature and prevalence of harassment and assaults against truckers, specifically women and minorities. The report details harassment, threats of harm, or actual physical harm perpetrated against truckers, their possessions, vehicles, or cargo.
The survey found that female truck drivers are exposed to more sexual harassment at their companies or by their trainers than their male counterparts. In addition, roughly half of the harassment incidents go unreported due to concerns that reporting the incident would not make a difference.
The Women of Trucking Advisory Board will use the results of this survey and other data, as well as the firsthand experience of its 16 women members, to make recommendations and discuss the next steps regarding the findings on harassment, assaults, and crimes being committed against women truckers.
“The survey information will contribute to better understanding obstacles to joining the industry, and to implementing best practices moving forward. Addressing the results and recommendations of the study will be the first of many opportunities for WOTAB to make an impact,” said Administrator Hutcheson.
President Biden’s Bipartisan Infrastructure Law created the Advisory Board to review and report on policies that provide education, training, mentorship, and outreach to women in the trucking industry and identify barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking.
WOTAB is part of the Biden Administration’s Trucking Action Plan that is focused both on recruiting and retaining more drivers. In addition to WOTAB, DOT is also undergoing a driver compensation study, establishing a truck leasing task force, working with the U.S. Department of Labor to establish more driver apprenticeship programs, providing more funding to make Commercial Driver’s License processing more efficient, and more.
Read more about the WOTAB here.
Pre-employment Investigations for Drug and Alcohol Program Violations
Beginning January 6, 2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver’s previous drug and alcohol program violations, as established by 49 CFR 391.23(e).
Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)(1)-(3) and 382.413(a)). Currently, this requires employers or their designated consortia/third-party administrators (C/TPAs) to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame.
Beginning January 6, 2023, when three years of violation data is stored in the Clearinghouse, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements.
NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 382.413(c), since this information is not reported to the Clearinghouse.
Annual query requirements have not changed.
Employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ (see § 382.701(b)). This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2021, it is time to conduct the next round of annual queries.
Employers must obtain general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form).
Are you up-to-date on your annual queries?
Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.
FMCSA Announces High-Priority Grants to Increase Safety for Commercial Drivers
September 13, 2022
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced $80,714,223 in grant awards under the High Priority (HP) Grant Program. The HP Grants provide funding to strengthen commercial motor vehicle safety initiatives under the Motor Carrier Safety Assistance Program (MCSAP). Furthermore, the grant program invests in innovative technology, supports research, and funds other projects that positively impact Commercial Motor Vehicle (CMV) safety.
The HP Grant Program provides financial assistance to supplement motor carrier safety activities and projects, including those that:
- improve the safe and secure movement of hazardous materials;
- improve safe transportation of goods and persons in foreign commerce;
- demonstrate new technologies to improve CMV safety;
- technology advancements to enhance CMV operator awareness of roadway hazards and truck parking availability;
- support participation in performance and registration information systems management;
- conduct safety data improvement projects;
- increase public awareness and education on CMV safety;
- target unsafe driving of CMVs in areas identified as high-risk crash corridors, including roadway work zones;
- otherwise improve CMV safety and compliance with CMV safety regulations.
HP grant funds are awarded to States, local governments, Federally recognized Native American tribes, political jurisdictions, non-profit organizations, institutions of higher education, and other eligible groups to carry out high priority activities and projects that strengthen commercial motor vehicle safety. Individuals and for-profit organizations are not eligible to apply.
High Priority activities also support the efforts outlined in the President’s Bipartisan Infrastructure Law (BIL) that makes historic investments in our nation’s infrastructure and competitiveness. In addition, the CMV safety and research investments conducted under the HP program and funded through BIL advance the Department’s National Roadway Safety Strategy (NRSS), a comprehensive approach to improve safety on our nation’s roadways.
This is one of many actions that the Administration and DOT are taking to support truck drivers – including investing in community colleges to train veterans to get CDLs, investing in improvements to CDL processing, standing up the Women of Trucking Advisory Board, studying the impacts of driver detention time, and starting the truck predatory leasing task force.
All HP applications undergo a series of reviews before award selection. See the FMCSA’s grant program page for additional information on the discretionary application announcement, review and approval process. For a full list of FY 2022 HP grant awards, click here
Making Connections: The Search For Qualified CDL Drivers
DOT Compliance Consultants, LLC has several clients in the transportation industry that are currently seeking experienced CDL (Class A & B) and non-CDL Drivers for immediate work in our area. If you’re a dedicated professional looking for great opportunities offering competitive pay, flexible home time, and great benefits — We’d love to help make the connection. Contact us today for more information!
Women of Trucking Advisory Board (WOTAB) Gears Up To Bring More Women into Trucking
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the appointment of members to the Women of Trucking Advisory Board (WOTAB) to recruit, retain, support, and ensure the safety of women commercial motor vehicle (CMV) drivers and strengthen the trucking industry as a whole.
The Women in Trucking Advisory Board includes 16 founding members, all women, with diverse backgrounds and experiences to provide balanced points of view on addressing the challenges facing women in the industry. Of these members, five are current CMV drivers and four are former CMV drivers, others are trainers, executives and authors. WOTAB’s members hail from 11 states and work for small, medium, and large trucking companies and as independent owner-operators, non-profit organizations, trucking business associations, and institutions of higher education. Collectively, WOTAB members have more than 80 years of driving experience with trucks, motorcoaches, and ports and more than 275 years in trucking and other modes of transportation.
WOTAB’s launch is another key initiative mandated by the Bipartisan Infrastructure Law and is part of the Biden-Harris Trucking Action Plan that is focused on improving job quality and recruiting more people into the truck driving profession.
“America needs truck drivers like never before, yet women–half the American people–have long been underestimated and underrepresented behind the wheel and in jobs across this sector. Getting to know women in trucking, I have heard about their passion for the job as well as the challenges they face, and this experienced Women in Trucking Advisory Board will help us address these issues directly,” said U.S. Transportation Secretary Pete Buttigieg. “We thank the members for serving and look forward to working together to bring more women into trucking and to enhance job quality in this important career.”
Recruiting and supporting women in transportation is a key priority for the Biden-Harris Administration. “Women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation jobs,” said FMCSA Deputy Administrator Robin Hutcheson. “We anticipate many great ideas from the advisory board that will help expand equity and safely provide access to careers in trucking for women across the industry.” In March, Hutcheson discussed truck driver challenges firsthand in a ride along with an experienced driver.
WOTAB will coordinate with trucking companies, nonprofit organizations, and trucking associations to support women in trucking. The Board will provide recommendations to the FMCSA Administrator and the U.S. Secretary of Transportation, as well as tackle many issues, including:
- Evaluating barriers and trends that impact women in trucking across the country and ways to support women pursuing careers in trucking
- Identifying opportunities to expand roles for women and increase the number of women in the trucking industry
- Advising on policies that provide education, training, mentorship, or outreach to women in the trucking industry
- Reviewing opportunities to enhance safety, training, mentorship, and education for women in the trucking industry.
DOT Awards Funding to Community Colleges to Prepare Veterans for Jobs in Trucking Industry
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has awarded $3.1 million to community colleges and training institutes through the Commercial Motor Vehicle Operator Safety Training (CMVOST) Grant Program. These grants will assist current and former members of the Armed Forces who want to pursue careers in trucking to get commercial driver’s licenses (CDLs) and the training they need to enter the profession.
“Veterans know how to get things where they need to go safely. At a time when our supply chain depends on having more qualified truck drivers, this program will give those who have served in uniform a new and important way to contribute, and benefit, by launching a new career in this vital industry,” said U.S. Transportation Secretary Pete Buttigieg.
The CMVOST grant program has three goals: to expand the number of CDL holders possessing enhanced operator safety training; to provide opportunities for current or former members of the United States Armed Forces (including National Guard members and reservists) and their spouses to enter trucking or bussing; and help increase training opportunities for candidates from underserved communities, as identified in the President’s Executive Order 13985.
In FY 2022, FMCSA paved the way for a broader range of institutions to apply for CMVOST grants as the Agency did not require applicants to propose a local matching share of funding. This expansion will allow more qualified candidates from across the country to more easily be able to afford the training and licensing needed to join the trucking profession commercial motor vehicle drivers.
In addition to these grants, the Biden-Harris Administration announced the Trucking Action Plan earlier this year that has created new apprenticeship programs to recruit more truck drivers, as well as a compensation study and truck leasing task force to improve retention in the truck driving profession.
A list of CMVOST grants can be found here.
The President’s Bipartisan Infrastructure Law, also known as the Investment in Infrastructure and Jobs Act, is the Biden-Harris Administration’s plan for building a better America with a $1.2 trillion investment in our nation’s infrastructure and competitiveness. This Bipartisan Infrastructure Deal will rebuild America’s roads, bridges and rails, upgrade and expand public transit, modernize the nation’s ports and airports, improve safety, tackle the climate crisis, advance environmental justice, and invest in communities that have too often been left behind. It will drive the creation of good-paying union jobs and grow the economy sustainably and equitably to help everyone get ahead for decades to come.
Biden Administration’s Bipartisan Infrastructure Law Boosts Investment in Commercial Driver’s License Programs
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced that the Biden Administration is following through on its Trucking Action Plan commitment by awarding more than $44 million in grants that will enhance road safety and make the process to obtain a Commercial Driver’s License (CDL) more efficient. Thanks to President Biden’s Bipartisan Infrastructure Law, States and other entities will be able to improve their CDL programs by reducing wait times, ensuring conviction and disqualification data is electronically exchanged, implementing regulatory requirements, and combatting human trafficking. These grants, awarded through the Commercial Driver’s License Program Implementation, will help get more qualified drivers on the road who can help meet supply chain demands.
The Department of Transportation made significant progress working with states to reduce CDL backlogs and wait times. Now through this funding, the Administration will create long-term resilience and avoid future delays for those who want to join this workforce.
“The Biden-Harris Administration has made it a priority not only to retain truck drivers in their important careers, but also to get more qualified truck drivers on the road,” said U.S. Transportation Secretary Pete Buttigieg. “Now, using funds from the Bipartisan Infrastructure Law, we are helping States bring safe, well-trained truck drivers into the workforce and ease pandemic-driven supply chain disruptions.”
President Biden’s Bipartisan Infrastructure Law included a 74% increase in CDLPI program funds, which will also help address the rising number of roadway fatalities–a key component in the U.S. Department of Transportation’s National Roadway Safety Strategy.
“FMCSA’s core mission is safety, and we’re proud to make investments that support the U.S. Department of Transportation’s ambitious goal of zero fatalities on our roadways,” said FMCSA Deputy Administrator Robin Hutcheson. “The grants we are announcing today are an important tool for reducing large truck crashes and supporting critical safety programs in every State.”
In total, nearly 60 percent of FMCSA’s annual budget provides States and local communities with grant funding to enhance commercial vehicle safety.
In addition to improving the process for CDLs, Secretary Buttigieg and President Bidens’s Supply Chain Disruption Task Force have also been focused on the issue of truck driver retention as part of the Trucking Action Plan. Due to pay, parking shortages, and other challenges in the profession, retaining truck drivers has been a major challenge. As part of that effort, the Department has announced that it will undertake a driver compensation study and form a truck leasing task force, and also has clarified what programs in President Biden’s Bipartisan Infrastructure Law can be used to address truck parking.
Read more about FMCSA’s grants and financial assistance.
DOT, DOL Announce Expansion of Trucking Apprenticeships, New Boards To Improve Working Conditions of Truck Drivers
January 18, 2022
In December, as part of Administration’s approach to strengthen America’s supply chains, address bottlenecks, and lower prices for Americans, the U.S. Department of Transportation (DOT) and the U.S. Department of Labor (DOL) announced the Biden-Harris Trucking Action Plan, Today, to uphold the 30-day commitments made in the Trucking Action Plan, DOT and DOL are announcing next steps on several new initiatives that will support drivers and improve driver retention while expanding access to quality driving jobs now and in the years ahead. These initiatives include:
- Expanding Registered Apprenticeship programs — more than 100 employers and industry partners have stepped forward to work to expand Registered Apprenticeships in the last 30 days.
- Creating the Women of Trucking Advisory Board mandated in the Bipartisan Infrastructure Law.
- Creating a new task force, mandated by the Bipartisan Infrastructure Law, to investigate predatory truck leasing arrangements with DOL and the Consumer Financial Protection Bureau.
- Beginning two studies to explore the issues of truck driver pay and unpaid detention time.
- Launching the Safe Driver Apprenticeship Pilot –an under-21 pilot program for truck drivers mandated in the Bipartisan Infrastructure Law.
- Over $32 million in funding to states to improve CDL licensing process.
“In some parts of the trucking industry, 90% of drivers turn over each year. Making sure truck drivers are paid and treated fairly is the right thing to do, and it will help with both recruiting new drivers and keeping experienced drivers on the job,” said U.S. Transportation Secretary Pete Buttigieg.
“In the 30 days since the Administration’s Driving Good Jobs Initiative was launched, there is new energy and enthusiasm behind the effort to ensure jobs in the trucking industry are good, safe and sustainable jobs attractive to new generation of truck drivers who will remain in the industry over the long term,” said Secretary of Labor Marty Walsh. “Industry has to and is stepping up to partner and in the last month, we are already working with more than 100 employers to expand Registered Apprenticeships for drivers, an important step to making this shift a reality.”
“Too many American truckers are set up to fail with financing schemes or coerced into paying junk fees. To keep our economy moving, we must ensure that truckers who work hard don’t face financial ruin,” said CFPB Director Rohit Chopra.
Last summer, Secretary Buttigieg and Secretary Walsh co-wrote an op-ed that detailed high turnover in the trucking profession and ways to address it. Today’s announcement marks key next steps for the federal government to begin to address some of the challenges truck drivers face in their profession, while expanding access to quality driving jobs now. Below are more details on what’s being announced today:
Registered Apprenticeship Accelerator
- The Departments of Labor and Transportation launched the 90 Day Trucking Apprenticeship Challenge to accelerate the expansion of Registered Apprenticeships as a proven workforce strategy for helping employers and organized labor partners develop and retain a skilled workforce.
- Since the launch of the Challenge just 30 days ago, more than 100 employers and industry partners have stepped forward to expand Registered Apprenticeships.
- For example, more than 20 employers are already close to launching brand new apprenticeships, which will put thousands of new skilled and safe drivers on the road in good trucking jobs trained using the ‘earn while you learn’ Registered Apprenticeship model.
- Over the next 60 days the Departments of Labor and Transportation and industry partners will continue to host informational meetings and work with employers, industry groups and labor organizations to further support the development of Registered Apprenticeships across the industry.
Women of Trucking Advisory Board
- The Advisory Board will help inform efforts to increase the number of women in trucking by reviewing and reporting on the current challenges facing woman drivers and those interested in joining the profession, such as barriers to entry, on-the-job safety risks, mentorship, quality training, and opportunities for advancement.
- USDOT’s Federal Motor Safety Carrier Administration (FMSCA) will begin soliciting nominations for the Advisory Board to ensure that the composition of the Board represents a cross section of women in the trucking industry.
- This week, the White House is convening a virtual roundtable to gather input on how to build a more inclusive and equitable workplace for women in the trucking industry.
Truck Leasing Task Force
- Along with FMCSA, the DOL and the Consumer Financial Protection Bureau (CFPB) will form a Truck Leasing Task Force that will review leasing arrangements to identify actions that could make leases more equitable and transparent.
- The Task Force will be focused on reviewing and reporting on:
- Common truck leasing arrangements, with a specific focus on inequitable terms and transparency.
- Truck leasing arrangements for ports that involve a requirement for trucks to convert to zero emissions.
- Loans and other arrangements between incoming driver trainees and training schools and/or trucking companies to understand the extent to which these result in outsized and unanticipated debt for incoming drivers.
- Looking into predatory truck leasing arrangements with DOL and in coordination with the CFPB.
Detention Time Study
- FMCSA released a scope of work to begin a study on driver detention time and its impact on safety and compensation.
- Unlike past studies on the impact of driver detention time, this study will use a cross section of electronic logging device data to provide a much more detailed understanding of wait times for drivers across jurisdictions and industry sectors. Data used will be aggregated and anonymized to ensure driver privacy.
- In addition to quantifying detention time the study will also review how detention time influences the likelihood of a crash or an hours-of-service violation.
Compensation Study
- FMCSA has begun partnering with the Transportation Research Board to conduct a study of the impacts of various methods of driver compensation on safety and driver retention.
- Specifically, the study will review the safety effect of payments made to truck drivers per load or per mile versus payments per hour. The study will also review the amount of time a truck driver spends away from home, driving and detained to determine true working hours, and then determine true hourly wages.
Safe Driver Apprenticeship Pilot (“SDAP”)
- FMCSA notified the public that it will be screening motor carriers to determine their eligibility to participate in the SDAP if they meet strict safety standards.
- In the coming days, FMCSA will publish a Federal Register Notice that outlines the program safety requirements, including a requirement that participants meet the qualification standards of the Department of Labor’s Registered Apprenticeship program.
- FMCSA will also conduct outreach to motor carriers with excellent safety records inviting their participation in the program.
Funding to States for CDL Licensing
- DOT and FMCSA are supporting state departments of motor vehicles as they return to—or even exceed—pre-pandemic commercial driver’s license (CDL) issuance rates, which is helping bring more truck drivers into the field.
- As part of the Trucking Action Plan 30-day commitments, FMCSA announced over $30 million in funding available to help states expedite CDLs.
- The FMCSA has also sent all 50 states a toolkit detailing specific actions they can take to expedite licensing and will work hand-in-hand with states to address challenges they are facing.
Source: Federal Motor Carrier Safety Administration
DOT Compliance Consults, LLC Announces New Location In Crofton, MD
Troy Smith of DOT Compliance Consultants, LLC is pleased to announce the official opening the company’s new office in Crofton, Maryland. The new office, strategically located in the central business district of Delmarva region, brings the company closer to its clients in Delaware, Maryland and Virginia, while strengthening the company’s overall presence.
“We are excited about our new office in Crofton, and we’re ready to enhance our offerings to the region.” —Troy Smith, DOT Compliance Consultants, LLC
Our team of experts is the region’s leading experts in the safety of commercial vehicles and drivers. We offer the commercial vehicle industry peace of mind in meeting all rules and regulations pertaining to FMCSA’s requirements. The services provided by our DOT Compliance Consultants, LLC will assure your company is maintaining the proper paperwork, meeting all trucking and driver safety requirements, and providing you with the most up-to-date information in rules and regulations. Our highly certified consultants have built a reputation as one of the leading agencies in the commercial vehicle industry.
For more information regarding the new Crofton office, contact us at 443-829-5937.