Actual Knowledge: What is “actual knowledge” as used in Part 382, Subpart B? (§382.205 and §382.213)
“Actual knowledge” is defined in§382.107and means that an employer has knowledge that a driver has used alcohol or controlled substances based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee’s admission of alcohol or controlled substance use, except as provided in§382.121. Direct observation as used in this definition means “observation of alcohol or controlled substances use” while a driver is subject to performing a safety-sensitive function, “and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under§382.307.”
Last Updated : May 13, 2015
After I provide my State Driver Licensing Agency (SDLA) with my unexpired medical examiner’s certificate, do I still have to carry an original or copy of my medical examiner’s certificate?
Yes. Even though you have submitted a copy of your medical certificate to your state driver’s licensing agency, you still have to carry it with you for a minimum of 10 days to give the state time to add it to the system.
Alternate Drivers and Random Testing: Can an alternate driver be selected for a DOT random test if the driver originally selected is not able to be tested during the selection period?
Yes, however, the selection of an alternate driver for random testing is only permissible if the primary driver selected will not be available for testing for the entire selection period because of long-term absence due to layoff, illness, injury, vacation or other circ*mstances. Please see [§382.305, Question 18].
Last Updated : May 20, 2015
Although most foreign-based intermodal equipment providers (IEPs) have U.S. agents, there may be cases where the equipment is actually owned or leased by the foreign entity. May I enter a foreign address for the IEP on the Form MCS-150C?
The Form MCS-150C requires a "Principal Address," which is where the company's safety records are maintained. FMCSA will use this address for on-site visits to intermodal equipment providers for the purpose of conducting roadability reviews. It seems likely that the records required by § 396.12 and other provisions of the IEP final rule (73 FR 76794) will be maintained near the place where intermodal equipment is tendered and returned. The form also requires a "Mailing Address." This is the address where the company wants all its FMCSA correspondence to be sent (this may be a P.O. Box). If an IEP wants to list a foreign address, it should use the "Mailing Address" block on the form.
Last Updated : April 3, 2014
Am I required to have a medical certificate if I only operate a CMV in my home State (intrastate commerce)?
Intrastate drivers are subject to the physical qualification regulations of their States. All 50 States have adapted their regulations based on some of the Federal requirements. Many states grant waivers for certain medical conditions.
NOTE: FedEx, UPS and DHL drivers usually do not leave the state but are subject to interstate regulations.
Last Updated : April 1, 2014
Am I required to have broker authority if I am brokering loads of a non-regulated (exempt) commodity such as garbage?
The term "broker" means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisem*nt, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation.
The rule is, if the underlying transportation is exempt from commercial jurisdiction and you would not need motor carrier operating authority (MC number) to transport the commodity, you don't need broker authority to broker it.
For a list of exempt commodities, pleaseclick here to access Administrative Ruling 119.
To broker non-exempt commodities, you must obtain operating authority.For information on obtaining broker authority, click here.
Annual MIS Requirements: Do motor carriers need to report their drug and alcohol results to FMCSA every year?
Motor carriers submit MIS drug and alcohol reports to FMCSA upon FMCSA request. Every motor carrier shall prepare and maintain their previous year’s drug and alcohol MIS report in a safe and secure location, with controlled access, and make them available for inspection when requested by authorized personnel. These records should be maintained for a period of 5 years. See 49 CFR§382.403for more information. Every year FMCSA randomly selects a group of motor carriers to report their MIS results. If you are selected, you will receive a notice with a username and password to file your previous year’s MIS drug and alcohol results online. If you are notified by FMCSA to report your previous year’s MIS results, you are required to formally submit your MIS drug and alcohol results to FMCSA. See§382.403reporting of alcohol and controlled substances testing program results in a management information systems. FMCSA expects a 100% response rate from motor carriers selected to report their previous year’s drug and alcohol testing results Motor carriers that don’t respond to the notice requesting submission of MIS results may be subject to civil penalties of up $1,000 dollars per day that the motor carrier fails to comply.
Last Updated : May 14, 2015
Are carriers required to have their communications plan and routing contact phone number in place during the phase-in period after 1/1/05 but before they file the MCS-150B?
No. Carriers are not required to comply with the permitting requirements before they apply for their Hazardous Materials Safety Permit during the phase-in period. FMCSA recommends companies set up these systems ahead of applying for their HM Safety Permit to make sure they work and will be in compliance once the permit is issued.
Last Updated : April 15, 2014
Are CDL drivers who are employed by state government agencies subject to DOT drug and alcohol testing requirements?
Yes, Drivers for government agencies who operate vehicles that require aCDL, and are not otherwise exempted in§382.103(d)are subject to DOT drug and alcohol testing.
The statutory definition of “employer” for Part 382, applies to any person including the United States, a State or a political subdivision of a State, and the District of Columbia, that owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.§382.103(c)specifically provides that the exceptions from certain Federal Motor Carrier Safety Regulations for Federal, State, and local government agencies do not apply to the FMCSA drug and alcohol testing requirements in Part 382. The only exceptions to the requirements of part 382 are found in§382.103.
Last Updated : May 14, 2015
Are CMV Drivers required to be CPR certified?
No. There is no regulation that requires CMV drivers to be CPR certified.
Last Updated : April 1, 2014
Are CMV drivers who operate in interstate commerce required to have a medical certificate?
Drivers are required to have a DOT Medical Certificate:
If they operate a motor vehicle with a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 pounds (4,536 kilograms) or more in interstate commerce.
If they operate a motor vehicle designed or used to transport more than 15 passengers (including the driver) in interstate commerce.
If they operate a motor vehicle designed or used to transport between 9 and 15 passengers, for direct compensation.
If they transport hazardous materials, in a quantity requiring placards, in interstate commerce.
However, an individual operating a covered farm vehicle, as defined in §390.5, is not required to have a DOT Medical Certificate
Last Updated : October 23, 2019
Are drivers of commercial motor vehicles transporting sand for fracking operations considered to be specialized oilfield equipment and eligible for relief pursuant to Title 49 Code of Federal Regulations (49 CFR) § 395.1(d)(2)) and the corresponding ...
Q. Are drivers of commercial motor vehicles transporting sand for fracking operations considered to be specialized oilfield equipment and eligible for relief pursuant to Title 49 Code of Federal Regulations (49 CFR) § 395.1(d)(2)) and the corresponding regulatory guidance Question 8?
A. A vehicle of any type, regardless of use may be considered specialized oilfield equipment if it fits the criteria in paragraph 1 of Regulatory Guidance Question 8, which indicates that the vehicle is: (1) specially constructed for use at oil and gas well sites, and (2) for which the operators require extensive training in the operation of the complex equipment, in addition to driving the vehicle.
Based on this information frack sand truck operators can assess their equipment and driver training and determine whether they meet the criteria for specialized oilfield equipment in the regulatory guidance Question 8 to § 395.1. FMCSA will work on amending Regulatory Guidance Question 8 to reflect this decision.
Questions regarding this action should be directed to Paul Bomgardner, Chief of the Hazardous Materials Division at (202)493-0027; or by email at paul.bomgardner@dot.gov.
Last Updated : April 16, 2018
Are FMCSA registered moving companies the same as FMCSA authorized moving companies?
An FMCSA registered moving company is different from an FMCSA authorized moving company. A company may be registered but not authorized to move household goods. Interstate moving companies and brokers must be registered with the federal government and have a U.S. Department of Transportation (DOT) number. Consumers can use the online search tool to check the movers database to confirm their mover is registered, has insurance, is authorized to transport household goods or has received complaints.
Moving services brokers do not receive an “authorized” designation from FMCSA. Brokers arrange the transportation of a customers’ personal household possessions. Brokers do not have trucks nor do they assume responsibility nor take possession of your household goods. Brokers are an intermediary between customers and carriers.
Consumers should also take additional steps when hiring a mover such as checking online reviews and contacting the Better Business Bureau before hiring a mover is authorized by FMCSA to transport Household Goods.
Are government employees exempt from routine/yearly physical examinations?
Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between states that has been approved by the Congress of the United States are exempt from the FMCSRs, if the political entity chooses.
Last Updated : April 1, 2014
Are government entities covered under the Hazardous Materials Safety Permit Regulations?
No. Government entities do not fall under the definition of a motor carrier. Private contractors working for a government entity are considered motor carriers and are covered by the HM Safety Permit regulations.
Last Updated : April 14, 2014
Are holders of Class 3 pilot licenses required to have another physical for commercial driving?
Drivers of CMV who operate in interstate commerce must be medically qualified in accordance with49 CFR 391.41
Last Updated : April 1, 2014
Are intermodal equipment providers (IEPs) issued safety ratings?
No. The roadability reviews conducted on IEPs are non-rated; no safety rating will be issued.
Last Updated : April 7, 2014
Are intermodal equipment providers (IEPs) required to comply with part 393, Parts and Accessories Necessary for Safe Operation?
Part 393is revised to make it applicable to IEPs, in addition to motor carriers.
Every IEP and its employees or agents responsible for the inspection, repair, and maintenance of intermodal equipment (IME) interchanged to motor carriers must be knowledgeable of and comply with the applicable requirements and specifications of this part.
No IEP may operate IME, or cause or permit such equipment to be operated, unless it is equipped in accordance with the requirements and specifications of this part.
Last Updated : April 3, 2014
Are intermodal equipment providers (IEPs) required to comply with the daily vehicle inspection report (DVIR) rules in § 396?
The intermodal equipment provider (IEP) final rule (73 FR 76794) revised § 396 to make it applicable to IEPs, in addition to motor carriers. The final rule added a new section on driver vehicle-inspection reports and systems for reporting damage, defects, or deficiencies in the intermodal equipment (IME).
Last Updated : April 3, 2014
Are motor carriers legally obligated to provide air conditioning in commercial motor vehicles?
The FMCSRs do not address this issue.
Last Updated : April 1, 2014
