FMCSA issuing this regulation?
The Federal Motor Carrier Safety Administration
(FMCSA) is issuing this final rule to implement provisions in section 4118 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU), applicable to “Roadability.” Section 4118 is codified in 49 U.S.C. 31151.
Who is prosecuting
my case? Who is deciding my case?
The FMCSA Field Administrator or the appropriate
FMCSA Division Administrator in one of FMCSA’s Division Offices in each State, Washington, DC, and Puerto Rico, is the Claimant,
and you are the Respondent. Claimant’s counsel, if counsel is involved at this time, is an attorney at one of the four FMCSA
service centers (Eastern Service Center: Glen Burnie, MD; Midwestern Service Center: Olympia Fields, IL; Southern Service
Center: Atlanta, GA; Western Service Center: Lakewood, CO). The decisionmaker will be either an Administrative Law Judge
(ALJ) or the FMCSA Assistant Administrator. The system is designed so that the decision maker is not the same person, or
works in the same department, as Claimant’s counsel or Claimant.
What must I do to comply with the new requirements (76 FR 70661) for making my medical certification part of my CDL driving record?
on January 30, 2012, when you:
- Apply for a CDL
- Renew a CDL
- Apply for a higher class of CDL
for a new endorsement on a CDL
- Transfer a CDL from another State
You will be required to self certify
to a single type of commercial operation on your driver license application form. Based on that self certification, you may
need to provide your SDLA with a current medical examiner’s certificate and show any variance you may have to obtain or keep
forwarders and brokers register with FMCSA?
Yes. Freight forwarders and brokers
are required to register with FMCSA. Freight forwarders that perform both freight forwarder services and motor carrier services
must register both as a freight forwarder and as a motor carrier. Also note that motor carriers that broker loads, even occasionally,
must register both as a motor carrier and as a broker.
How do the biennial update changes in the URS rule affect motor carriers, HMSP applicants/holders, and
intermodal equipment providers?
Very little. Motor carriers, HMSP applicants/holders
and intermodal equipment providers are already required to update their registration information every 24 months according
to the schedule under 49 CFR 390.19. However, beginning November 1, 2013 these entities may be subject to new enforcement
provisions intended to improve compliance with these updating requirements, including civil penalties and the deactivation
of their USDOT Number.
I go to look up a motor carrier, broker, or freight forwarder's interstate operating authority (active MC Number), insurance
or process agent?
Please go to http://li-public.fmcsa.dot.gov/LIVIEW/pkg_html.prc_limain and select “Carrier search” from the pull-down
menu. If you do not have access to the internet, please call our toll free number at 800-832-5660.
FMCSA concerned about bridge strikes?
The Agency views bridge strikes as a serious
safety hazard resulting in injury and loss of life, damage to infrastructure, interruption of commerce, and delays in travel
times. The FMCSA believes bridge strikes are avoidable through better awareness of route restrictions along travel paths gained
by paying closer attention to road signs and by the use of only those electronic navigation systems intended for trucks and
I notify FMCSA of my motor carrier operating authority transfer?
FMCSA has revised
and expedited its process for recording transfers of operating authority as of October 22, 2013. We provide this guidance
on how to submit your information and to receive documentation of the transfer:
Complete and accurate transfer information includes:
- FMCSA must record all transfers of operating authority in order to recognize the transferee entity
- No particular form is required for the transfer, and no fee applies
- FMCSA information systems cannot display the completed transfer information until complete and accurate information is
- In addition to obtaining operating authority registration, you must comply with requirements relating to financial responsibility
(e.g., insurance), process agent designations, and MCS-150 completion (for USDOT #)
Reporting your transfer does not complete all requirements for operation in interstate commerce. In addition to obtaining
operating authority registration, you must comply with requirements relating to MCS-150 completion (US DOT numbers):
- Company name
- Company US DOT number
- Company MC Number
- Transferee (buyer) name and contact information
- Transferor (seller) name and contact information
- Applicant’s representative name and contact information (if applicable)
- Transferee signature
- Transferor signature
- Date transfer took place
Send the information to:
- The transferor must fill out an MCS-150 indicating that that company is “out of business” in the “reason for filing” box,
- The transferee must file a separate MCS-150 to apply for a new USDOT number if they don’t already have one (indicating
“new application” in the “reason for filing” box)
- Both MCS-150s should be submitted with the “complete and accurate transfer information” indicated above
- You can fill out and print the MCS-150 form at: http://www.fmcsa.dot.gov/documents/forms/r-l/MCS-150-Instructions-and-Form.pdf
- To have the Form MCS-150 mailed to you, call 1-800-832-5660
- You MUST MAIL or E-MAIL the completed application to the FMCSA; you may NOT fax it in
After this information is received:
- E-mail: FMCSAOATransfers@dot.gov
Office of Registration and Safety Information, MC-RS
Federal Motor Carrier Safety Administration
US Department of Transportation
1200 New Jersey Ave., S.E.
Washington, DC 20590
After the insurance and BOC-3 form are in place:
- The information about the transfer will be posted the FMCSA Register for the mandatory 10-day protest period
- The information about the transfer will appear in the FMCSA web sites as “inactive”
- You will receive a letter instructing you to pursue:
For additional information, please contact the FMCSA help line at 800-832-5660.
- The transfer is publicly displayed as “active” on FMCSA web sites
- Entry of the transfer data into FMCSA’s information systems may prevent civil penalty or other roadside enforcement actions
are taken against transferee companies for operating without the necessary operating authority registration
- You will receive confirmation letter from FMCSA that your transfer has been recorded
- This process may take up to 21 days after all other requirements for operation in interstate commerce have been met
What is the Unified Registration System?
Unified Registration System (URS) is a new electronic on-line registration system that will streamline and simplify the Federal
Motor Carrier Safety Administration’s (FMCSA) registration process and serve as a clearinghouse and depository of information
on all entities regulated by the Agency, including motor carriers, brokers, freight forwarders, intermodal equipment providers
(IEPs), hazardous materials safety permit (HMSP) applicants/holders, and cargo tank manufacturing and repair facilities. The
URS will combine multiple registration processes, information technology systems and forms into a single, electronic online
Medical review officers (MROs) are required to maintain the hard copy custody and control form (CCF)
Part 2, for positive drug test determinations. Are employers subject to the same requirement?
Employers are required to maintain records sent to them by the MRO. MRO reporting requirements for drug test results are
found at 49 CFR 40.163. Pursuant
to 49 CFR 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 as long as the records can be produced for inspection pursuant to 49
is an MC Number/Operating Authority and who needs it?
In general, companies
that do the following are required to have interstate operating authority (MC number) in addition to a DOT number:
- Operating as for-hire carriers (for a fee or other compensation)
- Transporting passengers, or arranging for their transport, in interstate commerce
- Transporting federally regulated commodities or arranging for their transport, in interstate commerce
Operating Authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.
FMCSA operating authority is also referred to as an "MC," "FF," or "MX" number, depending on the type of authority that
is granted. Unlike the USDOT Number application process, a company may need to obtain multiple operating authorities to support
its planned business operations. Operating Authority dictates the type of operation a company may run and the cargo it may
You can register online at http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm
All of this also dictates the level of insurance/financial responsibilities a company must maintain. Carriers not required
to have operating authority include:
- Private carriers (carriers that transport their own cargo)
- “For-hire" carriers that exclusively haul exempt commodities (cargo
that is not federally regulated)
- Carriers that operate exclusively within a federally designated "commercial zone" that is exempt from interstate authority
rules. A commercial zone is, for example, a geographic territory that includes multiple states bordering on a major metropolitan
city, such as Virginia/Maryland/Washington, DC
More information on motor carrier insurance can be found at http://www.fmcsa.dot.gov/registration-licensing/licensing/licensing.htm
is it appropriate to report a name change
for my operating authority rather than a transfer of operating authority?
A transfer of operating authority means that there has been a change in
the ownership, management or control of the company but that the company intends to keep its existing MC number.
are several situations in which you would report a name change
to the FMCSA:
In all other circumstances, you would report a transfer of operating
- If you are adding or deleting the names of people from the operating authority
records, whether or not you change the company name
(due to death, divorce, marriage, etc.):
- Adding or removing husband or wife (requires copy
of death certificate, divorce certificate or marriage license/notarized letter if marriage license is unavailable)
- Adding or removing son or daughter (notarized letter required )
- Adding or removing brother or sister
(notarized letter required)
- Removing existing partner listed on the authority (notarized letter required)
- Removing existing LLC/corporation partnership (notarized letter required)
- If you are changing the name of the company without a change
If you are unsure whether you should report a name change
or a transfer of authority, please e-mail FMCSAOATransfers@dot.gov.
- If you are transferring operating authority to another person
- Step- or half-siblings (or other
- Non-related persons
- If you are selling the company to a person who is not immediate family (spouse, sibling, children)
Drug and alcohol program applicability:
My company purchased a large tow truck that is 26,001 lbs. or more gross vehicle weight rating (GVWR). We do not currently
employ any drivers who possess a commercial driver’s license (CDL). The vehicle has only been driven a few times by a family
friend, who is not an employee and has driven the vehicle as a favor absent any compensation. Does our company need a U.S.
Department of Transportation (DOT) drug and alcohol testing program to test this occasional driver?
In accordance with 49 CFR 382.103, your
company must implement a DOT drug and alcohol program for all drivers operating a commercial motor vehicle (CMV) that requires
the driver to possess a CDL. 49 CFR 382.107
defines “Driver” as “any person who operates a commercial motor vehicle. This includes, but is not limited to: full time,
regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.”
the FMCSA undertake the URS rulemaking?
FMCSA undertook this rulemaking to simplify
and reduce the amount of time entities must spend filling out paperwork as part of the registration process as well as enable
the Agency to maintain more accurate information on the entities subject to FMCSA’s jurisdiction.
Portions of this
rule are also required by the ICC Termination Act of 1995 and the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users. The Moving Ahead for Progress in the 21st Century Act (MAP-21) included several provisions relevant
to the new URS, but these provisions will be addressed in a separate rulemaking.
Why is FMCSA concerned about truck and bus drivers’ use of GPS navigation
FMCSA believes the information concerning commercial vehicles crashing
into bridges suggests that some drivers may have used electronic navigation systems intended for passenger car drivers rather
than truck and bus drivers. The Agency is working with its State partners and industry to make sure professional truck and
bus drivers recognize the importance of using navigation systems intended for commercial vehicles. These navigation systems
provide truck and bus drivers with important route restrictions, such as low bridge overpasses.
How do I get an MC Number (operating authority)?
get an MC number you must complete the appropriate motor carrier operating authority forms (OP-1 series) and submit them to
FMCSA for processing.
- Online: You can begin the online registration process for a USDOT number at: http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm.
Go to the “Help me register” section and click on “Step-by-Step Registration Guide.” This process requires a credit card
- By mail: Once you have completed the OP-1 form at http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm
you must print the completed form and mail it to the address indicated on the form
- Request the form by phone: You can call 800-832-5660 to have a form mailed to you. Once you have completed the form, you
can mail it to the address indicated on the form
- There is a $300 fee for each operating authority requested. PLEASE MAKE SURE YOU APPLY FOR THE CORRECT TYPE OF MOTOR
CARRIER OPERATING AUTHORITY. THE $300 FILING FEE IS NON-REFUNDABLE.
will the URS’s biennial update compliance requirements take effect?
date for this requirement (49 CFR 390.19)
will occur November 1, 2013.
Filing schedule: Each motor carrier or intermodal equipment provider must file
the appropriate form at the following times:
- Before it begins operations
- Every 24 months, according to the
your USDOT number ends in:||Must file by last day of:|
If the next-to-last digit of its USDOT Number is odd, the
motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last
digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered
a motor carrier that participates in freight interlining have to register as a broker?
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
I determine which of the 4 categories of commercial motor vehicle (CMV) operation I should self-certify to with my State Driver
Licensing Agency (SDLA)?
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
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
- 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.
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
- 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
Step 3: Provide your SDLA with your self-certification of your operating status. If you self-certify to non-excepted
interstate on or after January 30, 2012, 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 vision, diabetes or a skills performance evaluation variance
granted by FMCSA, you may also be asked by your SDLA to provide a copy of that variance document
Cuáles son los planes a largo plazo
para la evaluación de TACT? ¿Se necesitarán siempre evaluaciones detalladas?
evaluación es una parte inherente de cualquier programa de acción. Un diseño de programa eficaz incluirá siempre la evaluación
para proporcionar sugerencias de mejora del programa. La única cuestión es el alcance de la evaluación. El programa TACT está
actualmente en la fase de demostración en la cual es deseable extraer los conocimientos adquiridos de cada subsidio TACT.
Si el concepto de TACT es validado por esos subsidios de demostración y el Congreso elimina el requisito de una evaluación
rigurosa, el alcance de las actividades de evaluación puede reducirse. Por ejemplo, es posible que las mediciones detalladas
de comportamientos de conducción no sean necesarias. Es cierto, no obstante, que se especificará el nivel adecuado de evaluación
como parte de toda actividad futura TACT tanto para mejorar el proyecto como para proporcionar a la FMCSA, como patrocinador,
documentación de los logros del programa.
How do I get the SaferBus app and how much does it cost?
SaferBus app is available through the Apple iTunes App store and was developed by the Federal Motor Carrier Safety Administration
(FMCSA) for the iPad and iPhone that have the ability to connect to the internet, i.e. 3G or WiFi. The app is free.
Are there rules
governing FMCSA civil penalty proceedings?
Yes. FMCSA civil penalty proceedings
are governed by Rules of Practice, available at title 49 of the Code of Federal Regulations, part 386 (49 C.F.R. Part 386).
Among other things, these rules explain your appeal options, set forth critical deadlines for filing your documents, and tell
you how to file those documents. You should familiarize yourself with these rules and refer to them frequently throughout
the adjudication process.
are the new terms in the regulation?
Interchange means the act of providing
intermodal equipment (IME) to a motor carrier pursuant to an IME interchange agreement for the purpose of transporting the
equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider.
It does not include the leasing of equipment to a motor carrier for primary use in the motor carrier’s freight hauling operations.
Intermodal equipment (IME) means trailing equipment that is used in the intermodal transportation of containers over public
highways in interstate commerce, mainly chassis, but also including trailers.
Intermodal equipment interchange agreement means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA)
or any other written document executed by an intermodal equipment provider (IEP) or its agent and a motor carrier or its agent,
the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange
of the IME.
Intermodal equipment provider (IEP) means any person that interchanges IME with a motor carrier pursuant to a written interchange
agreement or has a contractual responsibility for the maintenance of the IME.
are the long-term plans for TACT evaluation? Will detailed evaluations always be required?
is an inherent part of any action program. An effective program design will always include evaluation to provide feedback
for program improvement. The only issue is how extensive the evaluation should be. TACT is currently in a demonstration
phase in which it is desirable to derive lessons learned from each TACT grant. If the TACT concept is validated by these
demonstration grants and Congress removes the requirement for a rigorous evaluation, the extent of evaluation activities may
decrease. For example, detailed behavioral measures might no longer be necessary. It is still certain, however, that an
appropriate level of evaluation will be specified as part of any future TACT activities both to enhance the project and to
provide FMCSA, as the sponsor, with documentation of program accomplishments.
What applications must I register with the FMCSA to operate in Interstate (your vehicle or your
cargo cross State lines) Commerce:
and Exempt For-Hire motor carriers with vehicles with a GVWR of 10,001 pounds or more must submit:
- The Motor Carrier Identification Report (MCS-150)
- Authorized For-Hire motor carriers must submit:
In addition to the OP-1 Application, you must also submit the following to complete the application process before
Operating Authority will be granted:
- The Motor Carrier Identification Report (MCS-150)
- Proper application for Motor Carrier Operating Authority, (OP-1 series):
- BOC-3 (Process Agents)
- Proof of Liability and/or Cargo Insurance
- Certain Hazardous Material motor carriers must submit:
- The Combined Motor Carrier Identification Report and HM Permit Application (MCS-150B)
More information can be found at http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm
Where can I find
consumer information about moving household goods?
Are team drivers
required to contact the motor carrier each time they switch from sleeper berth to driving and back?
Team drivers are not required to contact the motor carrier each time they switch drivers. The minimum number of contacts per
day from team drivers to the motor carrier is two (2) per day with a maximum of fourteen (14) hours between each contact,
and at each pickup and delivery of a permitted load.
What are your latest statistics on truck crashes?
- 416,000 large trucks were involved in crashes in the United States, 5,190 people died and 116,000 were injured in
those crashes at an estimated cost to the nation of $26 billion.
- More than 80% of all fatal truck crashes involved at least one other vehicle, usually a passenger car, pick-up, sport
utility vehicle or van.
- In fatalities resulting from crashes involving large trucks, 77 were occupants of another vehicle, 8% were non-occupants,
and 15% were occupants of a large truck.
- In injuries resulting from crashes involving large trucks, 73% were occupants of another vehicle, 4% were non-occupants,
and 23% were occupants of a large truck.
- In 2004, the majority of fatal large truck crashes occurred in good weather (84%), on dry roads (80%), during the daytime
(67%), and on weekdays (85%).
Fatalities in large truck crashes:
Injuries in large truck crashes:
Large Truck Drivers Injured in Crashes [Source GES]
are carriers and drivers required to comply with the latest revisions of the HOS rule?
Carrier and drivers are required to comply with the latest revisions of the
HOS rule on October 1, 2005, the effective date of the rule. Carriers and drivers were not allowed to operate under the HOS
rule prior to its effective date.
I want to take my truck into Mexico, what do I need?
do not regulate what happens in Mexico. The Secretaria de Comunicaciones y Transportes (SCT) regulates truck traffic in Mexico.
You would need to contact them for the requirements in Mexico. You might check the SCT website for telephone numbers and information
What is the applicability of the rule?
The changes to
the New Entrant Safety Assurance Program (new entrant program) under 49 CFR part 385, subpart D apply to all new U.S.- and
Canada-domiciled motor carrier owners and operators seeking authority to conduct interstate operations within the United States.
The new application process and safety monitoring system under 49 CFR part 385, subparts H and I respectively, apply to
all new non-North America-domiciled motor carrier owners and operators seeking authority to provide transportation of property
and passengers in interstate commerce within the United States.
Conforming amendments to 49 CFR parts 365, 387 and 390 apply to all new U.S.-, Canada-, and non-North America-domiciled
motor carrier owners and operators seeking authority to conduct interstate operations within the United States.
If the driver admits to regular alcohol
use, and based on responses on the driver history, further questioning or additional tools such as CAGE, AUDIT or TWEAK assessments,
may the examiner require further evaluation prior to signing the medical certificate?
Except where absolute criteria exist, the final determination as to whether the driver meets the FMCSA medical standards is
to be made by the medical examiner. The examiner should use whatever tools or additional assessments they feel are necessary.
Under 391.43, Instructions to the
Medical Examiner -Laboratory and "Other Testing," support is provided to the examiner if they believe that "Other test(s)
may be indicated based upon the medical history or findings of the physical examination."
Further supporting the need for additional evaluation is the medical advisory criteria for 391.41(b)
13 which notes that "if an individual shows signs of having an alcohol-use problem, he or she should be referred to a
specialist. After counseling and/or treatment, he or she may be considered for certification."
While not regulation, the medical advisory criteria are provided by the FMCSA to assist the Medical Examiner determine
if a person is physically qualified to operate a CMV. The Medical Examiner may or may not choose to use these guidelines.
These guidelines are based on expert review and considered practice standards. The examiner should document the reason(s)
for not following the guidelines.
some hazardous materials. Must I register?
Pursuant to Title 49 CFR Part 107,
Subpart G (107.601 - 107.620), certain offerors and transporters of hazardous materials, including hazardous waste, are required
to file an annual registration statement with the U.S. Department of Transportation and to pay a fee. For more information,
visit http://hazmat.dot.gov/register.htm .
Do you know where
I could possibly get the forms RS-1, RS-2, and RS-3?
The RS-1, RS-2, and RS-3
are for single State registration and must be obtained through your State's vehicle registration office.
Where can I purchase the Federal Motor
Carrier Safety Regulations?
To purchase a complete copy of the FMCSRs, Parts
300-399, contact the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, telephone: (202)
512-1800 or at www.access.gpo.gov
are the consequences of furnishing misleading information or making a false statement in connection with the registration
process? (§ 385.306)
A carrier that furnishes false or misleading information,
or conceals material information in connection with the registration process, is subject to the following actions:
- Revocation of registration
- Assessment of the civil and/or criminal penalties prescribed in 49 U.S.C. 521 and 49 U.S.C. chapter 149
CFR is the acronym for the Code of Federal Regulations. These contain
Federal Motor Carrier Safety Regulations.
Are previous interpretations and guidance regarding HOS still valid?
FMCSA will be updating and revising its regulatory guidance to Part 395 of
the Federal Motor Carrier Safety Regulations (FMCSRs) to provide additional guidance concerning the application of HOS regulations.
All prior interpretations and regulatory guidance relating to Part § 395 of the FMCSRs, as well as FMCSA and Federal Highway
Administration memoranda and letters concerning Part 395, may no longer be relied upon as authoritative to the extent they
are inconsistent with the current rule. All interpretations and guidance for Parts other than Part 395 remain valid.
Your fact sheet
states 51% of truck occupant fatalities in heavy trucks involve a rollover and a rollover in a heavy truck increases the likelihood
of fatality 30 times. Are you doing any research to prevent rollover crashes?
a recent Field
Operational Test (field test) of a rollover prevention system yielded encouraging results and found a reduced risk of
rollover crashes under certain driving conditions. The system, called the Roll Advisor and Control System (RA&C) is manufactured
by Meritor WABCO, and is now being commercially offered on trucks manufactured by Freightliner, LLC. The Federal Motor Carrier
Safety Administration (FMCSA) managed the recently completed field test that was funded by the Federal Highway Administration
(FHWA) as part of DOT's Intelligent Vehicle Initiative (IVI) Program. DOT/FMCSA plans to work with the private sector to accelerate
the deployment of rollover prevention systems like the RA&C and is currently developing a deployment plan.
Why Is FMCSA requiring an HM Safety
There were several compelling reasons for the rulemaking. Congress passed
a law (49 U.S.C. 5109) which required FMCSA to have a permit program. In addition, as part of a settlement agreement with
safety organizations, FMCSA agreed to publish a permitting rule by the end of June, 2004.
FMCSA also recognizes that a HM permitting program would produce safety and security benefits. FMCSA estimates that the
rule will prevent 7 crashes of the regulated materials per year, saving approximately $3.6 million annually. In addition,
increased security from the permit program reduces the chance these materials could be used in a terrorist attack.
I obtain the latest research on truck and bus safety?
Can CMV drivers
be qualified while being prescribed Provigil (Modafinil)?
is a medication used to treat excessive sleepiness caused by certain sleep disorders. These sleep disorders are narcolepsy,
obstructive sleep apnea/hypopnea syndrome and shift work sleep disorders. Provigil has several concerning side effects
such as chest pain, dizziness, difficulty breathing, heart palpitations, irregular and/or fast heartbeat, increased blood
pressure, tremors or shaking movements, anxiety, nervousness, rapidly changing mood, problems with memory, blurred vision
or other vision changes to name a few. Many drugs interact with Provigil
which include over-the-counter medications, prescription medications, nutritional supplements, herbal products, alcohol containing
beverages and caffeine. The use of Provigil needs careful supervision. Provigil may affect concentration, function or may
hide signs that an individual is tired. It is recommended that until an individual knows how Provigil affects him/her, they
may not drive, use machinery or do any activity that requires mental alertness.
Drivers being prescribed Provigil should not be qualified until they have been monitored closely for at least 6 weeks while
taking Provigil. The treating physician and the Medical Examiner should agree that the Provigil is effective in preventing
daytime somnolence and document that no untoward side effects are present. Commercial motor vehicle drivers taking Provigil
should be re-certified annually.
is the best approach for a State to use in selecting a new control corridor if the State chooses to implement a new wave of
TACT activity in a corridor that was previously used as a control?
control or comparison corridor is as similar as possible to the intervention corridor with respect to roadway design, crash
experience, and traffic flow but is isolated from any TACT enforcement and media activity. It is best to identify more than
one potential comparison corridor at the outset of the TACT Program (e.g., select six matching corridors even though only
two intervention and two comparison corridors will be used). Thereafter, if an intervention is mounted in one of the previously
defined comparison corridors, the unused corridors become possible comparisons if they are sufficiently isolated from the
new TACT efforts.
an intrastate non-hazardous-materials motor carrier (my cargo or vehicle NEVER leaves the state that I am registered in).
Do I need a USDOT Number?
The answer varies from state to state. In most states,
intrastate non-hazardous-material motor carriers do not require a USDOT Number, but several States participate in programs
such as PRISM, which does require intrastate motor carriers, with or without HazMat, to have a USDOT Number. If you do not
know whether your state requires intrastate motor carriers to have a USDOT Number, contact the Office of Motor Carrier Safety
field office in your state. For a listing of State offices, go to the FMCSA Field Roster.
Can we obtain apportioned tags from the FMCSA web site?
License plates and stickers are State matters, and you should contact your State vehicle registration office for the requirements.
To whom does this
The rule applies to IEPs and to motor carriers and drivers operating
I get a copy of the Rules of Practice?
of Practice are available, free of charge, on the FMCSA Website. You can also obtain copies of decisions
issued by the Assistant Administrator here on the Chief Counsel Website. The Rules of Practice and other FMCSA regulations
applicable to your proceeding can be found at the Government Printing Office: www.gpoaccess.gov/nara (click on the Electronic Code of Federal Regulations ( eCFR ) hyperlink for the
most up to date version).
if I don’t have an iPhone or iPad? How can I access the safety information?
visit http://ai.fmcsa.dot.gov/sms/ to search
for bus company safety information. The SaferBus app draws its safety information directly from this database.
Cuál es el mejor enfoque para un estado
a la hora de seleccionar un nuevo corredor de control si el estado opta por implementar una nueva campaña de actividad TACT
en un corredor que se utilizaba previamente como un control?
Un control adecuado
o corredor de comparación es lo más similar posible al corredor de intervención en relación con la experiencia de accidente
de diseño de carreteras, y el flujo de tránsito, pero está aislado de cualquier control TACT y actividad de los medios de
comunicación. Es mejor identificar más de un posible corredor de comparación durante el inicio del Programa TACT (ej.: elegir
seis corredores similares aunque solamente se utilicen dos de intervención y dos de comparación). Después, si se monta uno
de intervención en uno de los definidos anteriormente como de comparación, los no utilizados se convertirán en posibles comparaciones
si están lo suficientemente aislados de las nuevas iniciativas de TACT.
What if I am an existing commercial driver’s license (CDL) holder who does not have a license renewal,
upgrade or transfer between January 30, 2012 and January 30, 2014?
You are responsible
for following the three steps in the FAQ “How do I determine which type of commercial motor vehicle (CMV) operation I should
self-certify to with my State Driver Licensing Agency (SDLA)?” and providing your SDLA with your self-certification of operating
status by January 30, 2014. If required, you must also provide your current medical examiner’s certificate with any variance
document by January 30, 2014. Your SDLA will tell you how you can provide this information.
What is the minimum level of financial security that a broker must maintain
on file with FMCSA?
Currently, a general freight broker must maintain a surety
bond or trust fund agreement in the amount of $10,000 to comply with FMCSA’s financial security requirements and brokers of
household goods must maintain $25,000.
Beginning October 1, 2013, a broker will need to obtain and file with FMCSA
a surety bond or trust fund agreement in the amount of $75,000 to comply with FMCSA’s financial security requirements.
Will entities be
notified before a biennial update is due?
Yes. Beginning November 1, 2013, FMCSA
will issue a warning letter at least 30 days in advance of a biennial update deadline.
What is the FMCSA vetting program and how long does it take?
vetting program is a more in-depth review of a household goods or passenger carrier applicant’s aptitude to conform to FMCSA’s
safety fitness policy and the applicant’s willingness and ability to comply with applicable statutory and regulatory requirements.
It may take up to 8 weeks or longer to complete the vetting of your application and to determine if operating authority
will be granted. If your application is incomplete, or if additional information is required to process an application, then
you may receive a written or telephone request from FMCSA for additional information. If your company is contacted, please
respond accordingly. Your application cannot be processed or authority granted until the requested information is received.
do trucks crash into bridges or have other incidents related to the use of navigation systems intended for passenger car drivers?
information systems do not have crash statistics associated with the use of electronic navigation systems. However, even one
truck or bus striking an overpass is one too many, which is why the Agency is taking action to ensure professional truck and
bus drivers know the importance of selecting the right navigation system.
Random testing pools:
Can an employer include non-commercial driver’s license (CDL) drivers (e.g.,
operates commercial motor vehicles (CMV) with 18,000 lbs. gross vehicle weight rating) in the U.S. Department of Transportation
(DOT) random testing pools?
No. An employer may not include non-CDL drivers in
the DOT random testing pool. The DOT and Federal Motor Carrier Safety Administration drug and alcohol testing regulations
apply to any person who operates a CMV, as defined in 49
CFR 382.107, in intrastate or interstate commerce and is subject to the CDL requirements of 49
CFR Part 383. Including non-CDL drivers in the random testing pool violates the DOT drug and alcohol testing rules.
An employer may perform testing beyond that required by the DOT rules, but the employer may not represent such testing as
a DOT test and must keep non-DOT drug and alcohol testing completely separate from DOT testing. See 49
CFR 382.305 random testing and published regulatory guidance question
and alcohol testing applicability:
Are State government agencies that employ commercial driver’s license (CDL) drivers
to operate commercial motor vehicles (CMVs) exempt from the federal drug and alcohol testing requirements?
State government agencies and the CDL drivers employed by State agencies are not exempt from drug and alcohol testing requirements.
CDL regulations at 49 CFR 383.5 define
employers as any person (including the United States, a State or a political subdivision of a State, and the District of Columbia)
who owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle. 49
CFR 382.103(c) specifically provides that the exceptions from certain Federal Motor Carrier Safety Administration (FMCSA)
regulations for U.S., State, and local government agencies do not apply to the FMCSA drug and alcohol testing requirements
in 49 CFR Part 382. The only exceptions to Part 382 requirements are found in 49
commercial motor vehicle be penalized for failing to comply with a posted route restriction, such as a sign along a roadway?
A driver may be cited for failing to operate a commercial motor vehicle in accordance with the laws, ordinances, and regulations
of the jurisdiction in which it is being operated as required under 49 CFR 392.2. Further, a conviction of failing to obey a traffic control device would be counted against
a motor carrier’s Compliance, Safety, Accountability
required to comply with the URS rule?
This rule applies to all interstate motor
carriers (private and for-hire motor carriers of passengers and freight), freight forwarders, brokers, IEPs, HMSP applicants/holders,
and cargo tank manufacturing and repair facilities under FMCSA jurisdiction.
I applied for household goods operating authority in error. Can I get a refund?
FEES FOR ALL MOTOR CARRIER OPERATING AUTHORITY, INCLUDING HOUSEHOLD GOODS, ARE NON-REFUNDABLE. There is a $300 fee for
each operating authority for which you apply.
You may file for any additional authorities if you need them. In most
cases, you must submit a new OP-1 and pay an additional fee.
you complete the biennial update?
Biennial updates can be completed online, by
mail, by phone, or by fax.Biennial updates are processed immediately if done online, but updates filed by fax or mail may take three to four weeks
I find the U.S. DOT number or MC number of the bus company?
FMCSA requires all
bus companies to display their U.S. DOT and/or MC number on the exterior side of the vehicle. If you are not near the vehicle,
you can contact the bus company or search for the company on FMCSA’s Web site at http://ai.fmcsa.dot.gov/sms/Data/Search.aspx, by entering the company name
and the location where the company is headquartered.
What is a broker?
Generally speaking, a broker is a person
or an entity other than a motor carrier that arranges for the transportation of property by a motor carrier for compensation.
A broker does not transport the property and does not assume responsibility for the property.
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?
Until the CDL medical certification program is fully implemented
on January 30, 2014, you will still have to carry an original or copy of the medical examiner’s certificate and provide a
copy to your employer for your driver qualification file.
Cómo pueden los estados sostener un efecto TACT en corredores de intervención existentes cuando las
actividades para un nuevo año de TACT incluyan el traslado a nuevos corredores?
alto nivel de control y medios de comunicación aplicados a un corredor de intervención TACT por lo general no puede ser mantenido
después de haber cesado los fondos de TACT. No obstante, puede continuar manteniéndose un enfoque en conductas relacionadas
con TACT para mantener algunas o todos los beneficios logrados en término de conductas. Una vez que una agencia de seguridad
haya participado en un proyecto TACT, debe aumentar la importancia que pone en controlar actividades ilegales de conducción
en presencia de CMV durante las patrullas regulares. Las iniciativas de comunicación pueden continuar dejando las señales
de carretera en su lugar y por medio del uso de medios ganados.
How does the SaferBus app work?
Simply enter the name
of a bus company, or the company’s U.S. DOT number or Motor Carrier (MC) number to access information related to that company
in the FMCSA database. This will allow you to review information about a company’s safety performance and whether or not the
company is legally “allowed to operate.”
I just received a Notice of Claim (NOC). What do I do now?
Notice of Claim (NOC) is the initial document issued by the Field Administrator to assert a civil penalty for a violation
of FMCSA regulations. If you have received a NOC, you have several options. Under the FMCSA Rules of Practice governing
the adjudication of safety or commercial violations, you may opt to:
- Admit the violations, and pay
the full amount of the civil penalty proposed in the NOC.
Full payment of the civil penalty means that you have admitted
all of the violations in the NOC, and that the violations will constitute prior offenses in future enforcement actions against
you. This may lead to higher civil penalties in future FMCSA enforcement actions. If you elect to admit the violations in
the NOC, you must submit payment to the address indicated on the NOC within 30 days of the date printed on the NOC.
the violations, and contest the NOC.
You may deny any (or all) of the violations. If you elect to contest any or
all of the claims described in the NOC, the contested violations will be adjudicated by the Agency. You may request to have
the contested violations heard by an ALJ in a formal hearing, or you may request to have the contested violations decided
based on written evidence and arguments submitted to FMCSA’s Assistant Administrator. It is important that you specify in
your reply which form of adjudication you are requesting. You must submit your reply to the address indicated in the NOC
within 30 days of the date printed in the NOC though you may seek an extension of time to do so by following the instructions
in the NOC.
- Admit the violations in the NOC, but contest the civil penalty proposed.
admit the violations in the NOC, but dispute the amount of the civil penalty proposed and/or seek an installment payment plan.
In this case, you may request that the amount and terms of payment of the claim be decided under binding arbitration. Binding
arbitration is a process by which a neutral party, the arbitrator, will hear evidence from you and Claimant and decide on
an appropriate civil penalty.
- You may settle your case with the Field Administrator.
number 16 for details on settlement procedures.
When does the rule go into effect?
IEPs must submit the
IEP Identification Report (Form MCS-150C) and must establish systematic inspection, repair, and maintenance programs by December
IEPs must mark their IME by December 17, 2010.
States sustain a TACT effect in existing intervention corridors when a new year of TACT activities includes moving interventions
to new corridors?
The high level of enforcement and media applied to a TACT intervention
corridor cannot usually be sustained once the TACT funding ceases. Nevertheless, a focus on TACT-related behaviors can be
continued to maintain some or all of any behavioral gains achieved. Once an enforcement agency has participated in a TACT
project, the importance it places on enforcing illegal driving activities around CMVs during regular patrols should be elevated.
Communication efforts can be continued by leaving road signs in place and through the use of earned media.
What is the difference between interstate
commerce and intrastate commerce?
is trade, traffic, or transportation involving the crossing of a State boundary. Either the vehicle,
its passengers, or cargo must cross a State boundary, or there must be the intent to cross a State boundary to be considered
an interstate carrier. Intrastate commerce is trade, traffic, or transportation within a single State.
If your operations include interstate commerce, you must comply with the applicable Federal safety
regulations and Operating Authority rules, in addition to State and local requirements. You must notify
the State in which you plan to register your vehicle(s) of your intentions to operate in interstate commerce to ensure that
the vehicle is properly registered for purposes of the International Registration Plan (IRP), and International Fuel Tax Agreement
(IFTA). The base State will help you by collecting the appropriate fees and distributing a portion of those fees to the other
States in which you operate commercial motor vehicles.
If you operate exclusively in intrastate commerce , you must comply with applicable State and local
regulations. The only Federal regulations that are applicable to intrastate operations are: the commercial driver's license
(CDL) requirement, for drivers operating commercial motor vehicles as defined in 49 CFR 383.5; controlled substances and alcohol testing for all persons required to possess a CDL; and
minimum levels of financial responsibility for the intrastate transportation of certain quantities of hazardous materials
certification limited to current employment or job duties?
When a Medical Examiner
grants medical certification, he/she certifies the driver to perform any job duty required of a commercial driver, not just
the driver's current job duties.
How can I obtain information about a motor carrier, broker, or freight forwarder's application,
insurance, and process agent?
What Hazardous Materials
require an HM Safety Permit?
The following hazardous materials carried in these
quantity amounts will require an HM Safety Permit:
Radioactive Materials: A highway route-controlled quantity of Class 7 material, as defined in 173.403 of 49 CFR.
Explosives: More than 25kg (55 pounds) of a Division 1.1, 1.2 or 1.3 material, or an amount of a Division 1.5 material
requiring a placard under Part 172 Subpart F of 49 CFR.
- Toxic by Inhalation Materials:
Hazard Zone A: More that one liter (1.08 quarts) per package of a "material poisonous by inhalation," as defined
in 171.8 of 49 CFR, that meets the criteria for "hazard zone A," as specified in 173.116(a) or 173.133(a) of 49 CFR.
Hazard Zone B: A "material poisonous by inhalation," as defined in 171.8 of this title, that meets the criteria
for "hazard zone B," as specified in 173.116(a) or 173.133(a) of 49 CFR in a bulk packaging (capacity greater than 450 L [119
Hazard Zone C & D: A "material poisonous by inhalation," as defined in 171.8 of this title, that meets the criteria
for "hazard zone C," or "hazard zone D," as specified in 173.116(a) of this title, in a packaging having a capacity equal
to or greater than 13,248 L (3,500 gallons).
- Methane: A shipment of compressed or refrigerated liquefied methane or liquefied natural gas or other liquefied
gas with a methane content of at least 85% in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500
gallons) for liquids or gases.
do you say to drivers who think wearing a safety belt isn't going to prevent injuries if they are in a crash?
belts prevent injury by: preventing ejection, shifting crash forces to the strongest parts of the body's structure, spreading
forces over a wider area of the body, allows the body to slow down gradually, protects the head and spinal cord.
Where can I obtain
more details about the 2005 revisions of the HOS rules?
Extensive information and downloadable HOS documents are available on the Internet
not work for a local company and I have not given them the inspection report yet. Do I still need to make the repairs?
Yes, the repairs need to be made. Further, the regulations say that if the
driver is not going to return to the motor carrier’s terminal or facility, the driver must mail the inspection report to the
carrier. Also, the carrier must certify, on the inspection form, that the repairs have been made and return the form to the
happens after a motor carrier begins operations as a new entrant?
new entrant’s roadside safety performance will be closely monitored to ensure the new entrant has basic safety management
controls that are operating effectively.
Is there a Web site address that tells me how to comply with regulations dealing with alcohol and drugs?
Yes. That information can be found at www.dot.gov/ost/dapc/index.html
What is the cost
for obtaining an Operating Authority?
Each individual Operating Authority is
$300. Separate filing fees must be submitted with the application at the time of processing for each Authority sought. For
instance, requests for Common Carrier of Property Motor Carrier and Contract Property Motor Carrier Authority will require
two $300 fees ($600). Payments can be combined. FILING FEES ARE NON-REFUNDABLE..
- You can file for the following operating authorities with the OP-1 Application For Motor Property Carrier and Broker Authority:
- Motor Common Carrier of Property except Household Goods;
- Motor Contract Carrier of Property except Household Goods;
- Motor Common Carrier of Household Goods,
- Motor Contract Carrier of Household Goods,
- Broker of Property except Household Goods,
- Broker of Household Goods,
- United States Based Enterprise Owned or Controlled By Persons of Mexico Providing Truck Services For The Transportation
of International Cargo (Except Household Goods);
- United States Based Enterprise Owned or Controlled By Persons of Mexico Providing Truck Services For The Transportation
of International Household Goods
- OP-1(FF) - Application for Freight Forwarder Authority
- OP-1(P) - Application for Motor Passenger Carrier Authority
- OP-1(MX) - Application to Register Mexico-based Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities
and Commercial Zones on the U.S.-Mexico Border
- OP-2 - Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers
Under 49 U.S.C. 1302.
I determine whether I am subject to FMCSA's safety regulations?
If you operate
any of the following types of commercial motor vehicles in interstate commerce you must comply with
the applicable U.S. Department of Transportation (USDOT) safety regulations concerning:
- A vehicle with a gross vehicle weight rating or gross combination weight rating of 4,537 kg (10,001 lb) or more, whichever
- A vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation;
- A vehicle designed or used to transport 16 or more passengers; or
- Any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials
Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR chapter I, subchapter C).
may cause an expedited action? (§ 385.308)
A new entrant that commits any of
the following actions, identified through roadside inspections or by any other means, may be subjected to an expedited safety
audit or a compliance review or may be required to submit a written response demonstrating corrective action:
- Using a driver not possessing a valid commercial driver’s license to operate a commercial vehicle as defined under § 383.5.
An invalid commercial driver’s license includes one that is falsified, revoked, expired, or missing a required endorsement
- Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible
State laws and regulations without taking necessary corrective action
- Being involved in, through action or omission, a hazardous materials reportable incident, as described under 49 CFR 171.15
or 171.16, involving—
- A highway route controlled quantity of certain radioactive materials (Class 7)
- Any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3)
- Any quantity of certain poison inhalation hazard materials (Zone A or B)
- Being involved in, through action or omission, two or more hazardous materials reportable incidents as described under
49 CFR 171.15 or 171.16, involving hazardous materials other than those listed above
- Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled
substances or alcohol tests
- Operating a commercial motor vehicle without the levels of financial responsibility required under part 387 of this subchapter
- Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within
a consecutive 90-day period
If a new entrant that commits any of the expedited action violations listed above:
- Carrier has not had a safety audit or compliance review, FMCSA will schedule the new entrant for a safety audit as soon
- Carrier has had a safety audit or compliance review, FMCSA will send the new entrant a notice advising it to submit evidence
of corrective action within 30 days of the service date of the notice
- FMCSA may schedule a compliance review of a new entrant that commits any of the actions listed in paragraph (a) of this
section at any time if it determines the violation warrants a thorough review of the new entrant’s operation
- Failure to respond within 30 days of the notice to an Agency demand for a written response demonstrating corrective action
will result in the revocation of the new entrant’s registration
My truck was inspected and there were some violations discovered. How long
do I have to fix the violations?
A violation that resulted in the truck being
placed out of service must be corrected before the vehicle can operate again. Other violations discovered must be corrected
before the next dispatch. The report needs to be sent within 15 days.
Do these HOS regulations apply to intrastate commerce?
No. Intrastate commercial motor vehicle regulations are under the jurisdiction
of each State. The HOS regulations apply only to interstate commerce. However, most States have adopted intrastate regulations
which are identical or very similar to the Federal hours-of-service regulations. A driver involved exclusively in intrastate
operations should contact the State agency handling commercial vehicle enforcement in the driver's home State with any questions.
Usually this is the state police or highway patrol, although in some States, the function is handled by the department of
motor vehicles, department of public safety, or public service commission.
I have heard that drivers don't like the shoulder strap of the belt riding their neck and consequently
don't wear safety belts. Is the U.S. DOT looking into this problem?
and extent of safety belt discomfort is currently being reviewed by the FMCSA's Office of Research and Technology (R&T) as
a factor affecting driver safety belt use.
How can I learn about the Share the Road Safely program?
How many carriers are expected to
need an HM Safety Permit?
When it was published the rule affected about 3,100
carriers, of which about 1,000 are intrastate carriers and 2,100 were interstate carriers. Of this total number affected,
about 2,400 of these carriers were small businesses.
What medical conditions disqualify a commercial bus or truck driver?
truck driver must be medically qualified to not only drive the vehicle safely, but also to do pre and post trip safety inspections,
secure the load and make sure it has not shifted. Bus drivers have different demands.
By regulation, Specific Medically Disqualifying Conditions Found Under 49
CFR 391.41 are Hearing Loss, Vision Loss, Epilepsy and Insulin Use.
Drivers who require a Diabetes or Vision exemption to safely drive a CMV in addition to those pre-printed on the certification
form are disqualified until they receive such an exemption.
States need to conduct road sign evaluations?
Road sign evaluations are a specific
activity required when a non-standard road sign is to be used. If a TACT road sign design is not consistent with the requirements
in the Manual on Uniform Traffic Control Devices (MUTCD), an experimental exception to the MUTCD must be obtained from the
Federal Highway Administration (FHWA) before the sign is used. Depending on the design of the sign, obtaining the exception
may require conducting a human factors evaluation of the sign (typically only done at a few universities around the country)
and conducting an experimental evaluation of the sign itself for at least a year in the field. FMCSA is currently working
with FHWA to streamline the process of approvals. If a road sign is used as part of the TACT media, it should definitely
be assessed as part of any awareness data collection.
What must IEPs do?
Each IEP must:
- Register and file using FMCSA Form MCS-150C;
- Mark each item of IME offered for transportation in interstate commerce with a U.S. Department of Transportation (USDOT)
- Establish a systematic inspection, repair, and maintenance program to assure the safe operating condition of IME;
- Maintain documentation of its maintenance program; and
- Develop and provide a means to effectively respond to driver and motor carrier reports about IME mechanical defects and
happens if I do not reply to the NOC?
If you fail to respond to the NOC in writing,
in accordance with the Rules of Practice and within the time allotted, the Field Administrator will issue a Notice of Default
and Final Agency Order. This means that by failing to respond to the NOC, you will have admitted all the claims of violation
and forfeited your right to oppose those claims. After review by the Assistant Administrator, the NOC will become the Final
Agency Order. Unless you successfully have the default set aside, you will be required to pay the full civil penalty. You
may seek to have the default set aside if you can demonstrate excusable neglect in responding to the NOC, a meritorious defense,
or due diligence in seeking relief. Failure to pay the civil penalty constitutes a violation of the Final Agency Order, and
more penalties will be assessed against you. Additionally, if you fail to pay the civil penalty within 90 days of the due
date, you may be prohibited from operating in interstate commerce and any operating authority you have may be suspended until
you pay the civil penalty in full.
Necesitan todos los estados realizar evaluaciones de señales de carretera?
evaluaciones de señales de carretera son una actividad específica requerida cuando se va a utilizar una señal de carretera
no estándar. Si un diseño de señal de carretera de TACT no cumple con los requisitos del Manual de Dispositivos de Control
de Tránsito Uniformes (MUTCD), debe obtenerse una excepción experimental al MUTCD de parte de la Administración Federal de
Carreteras (FHWA) antes de poder utilizar la señal. Dependiendo de su diseño, obtener la excepción puede requerir una evaluación
de factores humanos de la señal (típicamente realizado en unas cuantas universidades de la nación) y realizar una evaluación
experimental de la señal en sí por un mínimo de un año en su ubicación. La FMCSA está trabajando actualmente con la FHWA para
simplificar el proceso de aprobaciones. Si se utiliza una señal de carretera como parte de los medios de TACT, debe tratarse
sin duda como parte de cualquier recopilación de datos de concientización.
What should I do with the medical examiner’s certificate beginning on January 30, 2014?
you provide your State Driver Licensing Agency (SDLA) and your employer with the medical examiner’s certificate, the medical
examiner’s certificate will only be valid for the first 15 days after it was issued. Your medical examiner’s certificate will
have been recorded on your SDLA driving record and your driving record will then become the method of validating your medical
is a freight forwarder?
A freight forwarder is a person or entity that holds itself
out to the general public as providing transportation of property for compensation and in the ordinary course of its business:
and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution
operations of the shipments;
- Assumes responsibility for the transportation from the place of receipt to
the place of destination; and
- Uses for any part of the transportation a rail, motor or water carrier subject
to the jurisdiction of either FMCSA or the Surface Transportation Board.
How do I get my Personal Identification Number (PIN)?
issues two types of PINs. One for USDOT numbers and one for MC numbers. The USDOT number PIN must be requested from FMCSA,
while the MC number (docket) PINs are automatically supplied to you when your MC number is issued by FMCSA.
can request your existing USDOT# PIN or a new PIN at: https://li-public.fmcsa.dot.gov/LIVIEW/PKG_PIN_START.PRC_INTRO.
Please allow 7-10 business days
to receive it by mail. It will be mailed to the mailing address on file with the FMCSA.
I change the company name
for my motor carrier operating authority (OP-1 series)?
There is a $14 fee for
a name change.
are several ways to request a name change:
Please note that while you may have submitted
a request for a name change
on line or via the mail, NO NAME CHANGES WILL BE MADE UNTIL WE HAVE
ALL THE REQUIRED INFORMATION OR DOCUMENTATION. Name changes take approximately
20 business days after all information has been received.
- You can request the change (requires a credit card) at https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option. Select “Filing a name
change” and click “Continue”
- If you would like to
mail your name change
(legal or trade name) and are paying with a personal check, cashier’s
check or money order, notification of the change or a letter must be sent
- Federal Motor Carrier Safety Administration
P. O. BOX 530226
Atlanta, GA, 30353-0226
- For overnight express mail:
Bank of America
Lockbox Number 530226
1075 Loop Road
Atlanta, GA, 30337
- If you prefer to mail your name change and pay by credit card, you may mail your request with all the above
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information
Licensing Team, 6th Floor
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
- You must supply the following credit card information:
on the card
- Credit card company name
- Credit card billing address
- If your card is declined, we cannot process your request!
- All requests must contain:
- Your DOT/MC numbers on each page
- Your contact
phone number/e-mail address
- Your current address
- The current company name
- The new company name
- If you are a sole proprietor
or partnership, you must put your name/the partnership name
plus the “doing business as” name, if it’s different
- If you
are a corporation/LLC, you must register with the state first, then when you have received articles of incorporation from
the state, fax a copy to 202-366-3477 with your complete request for a name
- The statement that there is no change
in ownership, control, or management of the company
- If the name
change is a result of you having incorporated the company, you MUST
fax a copy of the Articles of Incorporation (after you receive them from the state - see above instructions for new company
When does the URS rule go into effect?
There are two effective
dates for this rule. On November 1, 2013, (1) the new enforcement provisions for failing to file biennial updates
according to the schedule in 49 CFR 390.19(b)(2), and (2) a prohibition on operating with an inactive USDOT Number will take
On October 23, 2015, the Agency will require all entities registering or providing information to
the Agency to do so through the URS electronic online registration process.
is the penalty for failing to comply with a posted route restriction along a roadway?
maximum penalty is $11,000 for a company, $2,750 for a driver. Source: Appendix B to 49 CFR part 386, paragraphs (a)(3) and (a)(4).
Commercial driver’s license (CDL) schools and student drivers:
Is a person attending a truck driving
school, who does not yet have a commercial learner’s permit (CLP) or CDL, required to complete the return-to-duty process
if the student tests positive on a U.S. Department of Transportation (DOT) pre-employment test at the school?
Persons who do not possess CLPs or CDLs are not subject to the DOT drug and alcohol testing program requirements. Therefore,
a drug test administered by the driving school on a student who does not possess a CLP or CDL does not qualify as a DOT pre-employment
test. The student would not be subject to the DOT return-to-duty process.
Truck or bus driving schools/employers
must include student drivers who possess CLPs or CDLs in the DOT testing program before such drivers operate commercial motor
vehicles to complete their coursework to qualify as drivers. See regulatory guidance related to the Drug and Alcohol Program
Applicability 49 CFR 382.103,
A commercial driver’s license (CDL) driver is selected for a random drug test and the employer notifies
the driver to be tested. The driver has not just performed, is not performing, and will not be immediately performing a safety-sensitive
function. The collection site instructs the driver to submit to a random drug test and a random alcohol test. The driver
tests positive for the random alcohol test. Should the driver have been tested for alcohol? Is the driver required to undergo
the return-to-duty process before performing safety-sensitive duties as a result of the positive alcohol test?
answer to both questions is no. 49 CFR 382.305(m)
states that “A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before
the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.” As such,
the test was improper. The driver does not have to complete the return-to-duty process. The employer carrier must cancel
the improper alcohol test, documenting for the record the circumstances resulting in the cancellation.
What actions will FMCSA take to address
the problem of bridge strikes?
- The FMCSA will work with its State and local partners to ensure they understand their enforcement authority against motor
carriers and drivers that fail to abide by roadway signs
- The FMCSA will work with its State partners and the truck and bus industries to distribute the Agency’s visor card “GPS Selection Guide for CMVs”
- The Agency will also work with commercial driver training school associations to encourage them to include electronic
navigation system selection information in their training programs.
- FMCSA will consider electronic navigation system selection as it prepares to move forward with the entry-level driver
training rule required by the Moving Ahead for Progress in the 21st Century
(MAP-21) reauthorization legislation
are there two effective dates for the URS rule?
FMCSA set November 1, 2013 as the
compliance date for the biennial update requirements because motor carriers are already required to update their registration
information biennially under 49 CFR 390.19 and the information is very valuable to the Agency in carrying out its safety mission.
The October 23, 2015 effective date to comply with the remaining URS requirements is to provide sufficient time
for the Agency to launch the new URS website.
do I change the company name
associated with my USDOT number information?
You may change
the name of your company by submitting an updated MCS-150 (Motor Carrier
Identification Report) form or you can complete the process online at https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option. There is no fee.
I go into my local FMCSA Division office to update my US DOT number?
No, MCS 150
updates must be done either online, fax or by mail:
is freight interlining?
To interline a shipment is to transfer the shipment between
two or more carriers for movement to final destination. For example, where the point of origin is Washington, DC and the
final destination is Los Angeles, CA, Motor Carrier “A” may transport a shipment from Washington, DC and then interline with
Motor Carrier “B” in San Antonio, TX. Motor Carrier “B” will then complete the transportation of the shipment to Los Angeles,
will happen if I do not provide my State Driver Licensing Agency (SDLA) with my self-certification and if required, my medical
examiner’s certificate and any required variance document by January 30, 2014?
SDLA will notify you that you are no longer medically
certified to operate a commercial motor vehicle (CMV) in non-excepted interstate commerce. The SDLA will then downgrade
all your CDL privileges.
isn’t the bus company I am looking for appearing when I http://search.google.dot.gov/FMCSA/FMCSASearchProcess.asp? Does this mean they are not allowed to operate?
not necessarily. U.S. DOT registered bus companies should appear in your search results regardless of whether or not they
are allowed to operate. The company may be using a brand name instead
of, or in addition to, its official business name. Try verifying the
company’s official business name and redoing your search. Or, search by
the carrier’s U.S. DOT or MC number instead. There are many similarly named companies. Searches based on U.S. DOT/MC number
will provide the most reliable results.
Search results will provide safety information on U.S. DOT registered bus
companies that are licensed to transport passengers from one state to another and that are subject to Federal regulatory
oversight. Companies that only operate within the borders of a single state generally are NOT included.
Qué medidas de evaluación debería
incluir un programa TACT?
Las medidas de evaluación deben reflejar los objetivos
específicos de cada programa TACT. Las medidas típicas que necesitarán incluir la mayoría de los programas TACT son la concientización
pública (en general recopilada en las encuestas), las conductas de los automovilistas (generalmente surgidas de la observación
de los automovilistas en la carretera), el proceso (suma de actividades) y los accidentes (de reportes policiales de accidentes
si se puede anticipar una muestra razonable en las zonas de prueba). Existen varias formas de recopilar datos para cada una
de estas mediciones. Un evaluador experto podrá seleccionar las técnicas más adecuadas para las condiciones locales.
How do I file
documents (for example: motion and briefs and petitions for reconsiderations) in DOT Docket Operations?
you must file a signed original and a copy of all documents for consideration by the Assistant Administrator or the ALJ.
You may do this in person or by mail.
Does this final rule change other requirements?
Yes. The final rule also adds inspection requirements for motor carriers and drivers
evaluation measures should a TACT program include?
Evaluation measures must reflect
the specific objectives of each TACT program. Typical measures that most TACT programs will need include public awareness
(generally collected by surveys), driver behaviors (usually from observations of drivers on the road), process (the tally
of activities) and crashes (from police crash reports if a reasonable sample size can be expected in the test areas). There
are several ways to collect data for each of these measures. An experienced evaluator will be able to select the most appropriate
techniques for local conditions.
a release form required to be completed in order for the employer to legally keep the medical certification card on file?
The Medical Examiner is required to provide a copy of the Medical Examiner’s Certificate (49
Code of Federal Regulations (CFR) 391.43(g)) to the motor carrier that employs the driver. A release form is not required.
The motor carrier is required to keep a copy of the certificate in the driver qualification file. (49
is the definition of an authorized for-hire carrier?
The definition of an "authorized
for-hire " carrier is a person or company that provides transportation of cargo or passengers for compensation. If you are
a for-hire carrier, in addition to the USDOT Number you will also need to obtain Operating Authority (MC Number).
When are Level
VI inspections required to be performed for international shipments of highway-route-controlled quantities of radioactive
For international shipments, the Level VI inspection must be performed
on a highway route controlled quantity of radioactive materials before entering the United States. The HM Safety Permit program
does not impose any new requirements in the area of performing Level VI inspections.
Where can I find the latest information about safety programs?
Some drivers feel a safety belt
will trap them inside their vehicle and they won't be able to get out of the cab if it catches fire or is submerged in water.
What can you say to them to relieve their anxiety?
A driver's best chance of
survival is remaining conscious and in place behind the wheel of his/her truck. Wearing a safety belt greatly reduces your
chance of sustaining injuries, and increases your chances of survival.
In rollovers, drivers are 80% less likely to die when belted.
Safety belt extenders are available on most domestic vehicles for a small fee. The parts department can assist in locating
the correct safety belt extender for a vehicle.
are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:
- Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to
be back in compliance;
- State and local enforcement officials may assess fines;
- FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
- The carrier's safety rating can be downgraded for a pattern of violations; and
- Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations,
or drivers who knowingly and willfully violate the HOS regulations.
a driver from Mexico have a record of duty status available for inspection when operating in the United States?
driver from Mexico is subject to the same record of duty status requirements as any other driver operating in the United States.
If they are operating within a 100-air mile radius of their home terminal, they may take advantage of the 100-air mile radius
exemption in 49 CFR 395.1(e). However, if they are operating beyond a 100-air mile radius or do not meet the requirements
of the previously mentioned exemption, then they must have a record of duty status current on the day of inspection.
What happens after
completion of the safety audit? (§ 385.319)
Upon completion of the safety audit,
the auditor will review the findings with the new entrant.
- Pass. If FMCSA determines the safety audit discloses the new entrant has adequate basic safety management controls, the
Agency will provide the new entrant written notice as soon as practicable, but not later than 45 days after completion of
the safety audit, that it has adequate basic safety management controls. The new entrant’s safety performance will continue
to be closely monitored for the remainder of the 18-month period of new entrant registration
- Fail. If FMCSA determines the safety audit discloses the new entrant’s basic safety management controls are inadequate,
the Agency will provide the new entrant written notice, as soon as practicable, but not later than 45 days after the completion
of the safety audit, that its USDOT new entrant registration will be revoked and its operations placed out-of-service unless
it takes the actions to remedy its safety management practices
- 60-day corrective action requirement. All new entrants, except those specified in paragraph (b)(2) of this section (below),
must take the specified actions to remedy inadequate safety management practices within 60 days of the date of the notice
- 45-day corrective action requirement. The new entrants listed below must take the specified actions to remedy inadequate
safety management practices within 45 days of the date of the notice:
- A new entrant that transports passengers in a CMV designed or used to transport between 9 and 15 passengers (including
the driver) for direct compensation
- A new entrant that transports passengers in a CMV designed or used to transport more than 15 passengers (including the
- A new entrant that transports hazardous materials in a CMV as defined in the definition of a “Commercial Motor Vehicle”
in § 390.5
What is a Private Motor Carrier?
A person transporting
property by motor vehicle in interstate or foreign commerce when the person is the owner of the property being transported
and the property is being transported for sale, lease, or rent.
What failures of safety management practices disclosed by the safety audit will result in a notice
to a new entrant that its USDOT new entrant registration will be revoked? (§ 385.321)
failures of safety management practices consist of a lack of basic safety management controls or failure to comply with one
or more of the regulations set forth in the chart below and will result in a notice to a new entrant that its USDOT new entrant
registration will be revoked.
Automatic failure of the audit. A new entrant will automatically fail a safety audit if found in violation of any one of
the following 16 regulations:
Table to § 385.321
Violations That Will Result in Automatic Failure of the
New Entrant Safety Audit
for Determining Automatic Failure of the Safety Audit|
|§ 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and
foreign motor carriers, respectively).||Single occurrence.|
|§ 382.201— Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.||Single
|§ 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part
|§ 382.215—Using a driver known to have tested positive for a controlled substance.||Single occurrence.|
|§382.305—Failing to implement a random controlled substances and/or alcohol testing program.||Single occurrence.|
|§ 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL.||Single occurrence.|
|§ 383.37(a)—Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license
which is suspended, revoked, or canceled by a State or who is disqualified to operate a commercial motor vehicle.||Single
|§ 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive
a commercial motor vehicle.||Single occurrence.|
This violation refers to a driver operating a CMV as defined under
|§ 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility
|§387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial
|§ 391.15(a)—Knowingly using a disqualified driver.||Single occurrence.|
|§ 391.11(b)(4)—Knowingly using a physically unqualified driver.||Single occurrence.|
This violation refers
to a driver operating a CMV as defined under § 390.5
|§ 395.8(a)—Failing to require a driver to make a record of duty status.||Requires a violation threshold (51%
or more of examined records) to trigger automatic failure.|
|§ 396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before
repairs are made.||Single occurrence.|
|§396.11(c)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before
the vehicle is operated again.||Single occurrence.|
|§ 396.17(a)—Using a commercial motor vehicle not periodically inspected.||Requires a violation threshold (51%
or more of examined records) to trigger automatic failure. |
logbooks required for Mexican drivers of commercial vehicles, when operating in their country?
Secretaria de Comunicaciones y Transportes (SCT) regulates motor carrier operations in Mexico. We cannot answer that question.
You might check the SCT website for more information http://www.sct.gob.mx
Are drivers of passenger-carrying commercial motor vehicles (CMV) required to comply with the same
HOS rule as property-carrying drivers?
No. Motorcoach operators and drivers will continue to operate under the HOS
rules as specified in § 395.5.
Does the USDOT have a regulation requiring working safety belts on commercial vehicles?
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.
can I change the name
and address of my business online?
What are the logistics
for a permitted load that is transported by more than one mode? For example, a permitted load is transferred to an ocean vessel
HM Safety Permit is only required for motor carriers. A motor carrier's HM Safety Permit-related responsibilities end when
the material is transferred to the next mode. Subsequently, permit-related responsibilities begin when the motor carrier assumes
responsibility for the material.
In the case of the example, above, when the motor carrier has delivered the permitted load to the vessel operator's facility,
then the motor carrier's permit-related responsibility ends.
are the definitions of common, contract, and broker authorities?
provide for-hire truck transportation to the general public. Common carriers must file liability (BI&PD) insurance but are
not required to file cargo insurance.
Contract carriers provide for-hire truck transportation to specific, individual
shippers based on contracts. Contract carriers must file liability (BI&PD) insurance but are not required to file cargo insurance.
common and contract motor carriers of household goods are required to file liability (BI&PD) insurance and cargo insurance.
arrange for the transportation of property by authorized motor carriers. Brokers are required to file either a surety bond
or trust fund agreement.
is the age requirement for operating a CMV in interstate commerce?
must be at least 21 years old to drive a CMV in interstate commerce.
How is problem identification accomplished?
be used to guide a TACT program. Therefore, problem identification begins with a review of commercial motor vehicle (CMV)
crash and causation data from police crash reports. This review should attempt to identify particular types of crashes, roadways,
driver groups, vehicle types and times of day that might be overrepresented in crash statistics and any other factors that
might help focus enforcement activities.
Must an IEP do this work itself, or may it contract with others?
IEP may enter into agreements with others (“designated agents”) to perform inspection, repair, and maintenance on its behalf.
The IEP, however, is responsible for the work performed by its agents and for ensuring the safety of the IME it tenders to
motor carriers and drivers.
is the DOT Docket Operations address?
Department of Transportation
1200 New Jersey Ave., SE.
Washington, DC 20590-0001
se realiza la identificación del problema?
Se deberían utilizar los datos para
guiar un programa TACT. Por lo tanto, la identificación del problema comienza con una revisión de un accidente de un vehículo
comercial (CMV) y los datos sobre las causas recopilados por los informes policiales. Esta revisión debería intentar identificar
tipos específicos de accidentes, carreteras, grupos de automovilistas, tipos de vehículos y horas del día que pueden ser preponderantes
en las estadísticas de los accidentes, así como cualquier otros factores que puedan ayudar a centrar las actividades de control.
there other reasons why a bus company name may not appear when I http://search.google.dot.gov/FMCSA/FMCSASearchProcess.asp?
you are purchasing a ticket online, you may be buying a ticket from a ticketing service or ticket broker and not directly
from a bus company. Ticketing service and ticket broker names will not appear in the SaferBus app. Contact the company selling
the ticket and ask for the U.S. DOT number of the bus company making the trip.
What should I do when my medical certificate and/or variance is about to expire?
must have a new medical examination and obtain a new medical certificate. You must then provide the State Driver Licensing
Agency (SDLA) the new medical examiner’s certificate. You are also responsible for applying to FMCSA for a renewal of your
FMCSA require an interline carrier to obtain operating authority?
all non-exempt for-hire interstate motor carriers to obtain operating authority. However, a motor carrier that is performing
part of a single continuous transportation as an interline operation can perform that service under either its own operating
authority or the authority of the originating motor carrier.
Is an entity required to file a biennial update if there is no change
to its information?
Yes. All persons are required to file a biennial update every
two years according to the prescribed schedule, by the last day of the month.
How does the SaferBus app help me select a safer bus company?
making the safety performance information of bus companies more readily available to the public, the SaferBus app helps travelers
make more informed decisions.
The SaferBus app will also help you avoid bus companies that have been placed out of
service or that do not have operating authority. In either case, these companies are operating illegally.
displays a bus company’s Safety Measurement System (SMS) results organized by Behavior Analysis and Safety Improvement Categories
(BASICs). Knowing which bus companies the U.S. DOT/FMCSA may prioritize for further monitoring based on safety concerns may
impact the company you choose for your trip. More information can be found at http://csa.fmcsa.dot.gov/resources.aspx.
How do I change the company address for my motor
carrier operating authority (MC number)?
There are three ways to submit your address
There is no fee. Please note that NO CHANGES CAN BE MADE UNTIL ALL THE INFORMATION IS PROVIDED! Name
changes take approximately 14 business days.
- Online: Address changes can be requested at https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option. Select “Filing a change
of address” and click “Continue.” Please note that you must have a credit card and docket PIN to submit the request
- Mail: You also may also mail the request to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
Licensing Team, 6th Floor
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
- You also can fax your request to 202-366-3477. Please do not fax it more than once, as that will delay the process
- Your request must contain:
- The MC number
- The name of the company
- The former and current addresses and telephone numbers
- Signature of the applicant or applicant's representative
tips is FMCSA providing for the safe use of GPS navigation systems?
an electronic navigation system intended for use by truck and bus drivers.
- Before drivers begin their trip,
they should type in all relevant information about their vehicles so the system can provide the appropriate route.
the route recommended by the navigation system, but ALWAYS obey traffic signs and advisories (such as low bridge overpasses,
axle weight limits, detour signs, variable message signs, etc.).
- Do not engage in distracted driving! Avoid
typing or entering addresses or information into the navigation system while driving.
- If your navigation
system does not provide automatic updates of the maps, be sure to obtain updates to ensure you are following the most current
route planning information.
Multi-modal random testing:
How does an employer carrier determine which U.S. Department of Transportation
(DOT) random testing pool an employee is subject to when the employee performs safety-sensitive functions subject to the random
testing requirements of more than one DOT agency (e.g., Federal Transit Administration (FTA) and Federal Motor Carrier Safety
An employee performing duties subject to more than one
DOT Agency’s regulations must be randomly tested at the percentage rate established for the calendar year by the DOT Agency
regulating more than 50 percent of the employee’s safety-sensitive functions. [See 49
CFR 382.305(n).] So, if you have an employee who drives your trucks 75 percent of the time and operates your transit busses
25 percent of the time, that employee needs to be in the FMCSA-regulated pool. All other testing (e.g., pre-employment, post-accident,
reasonable suspicion) is regulated under the Agency that regulates the function the employee was performing at the time of
the event. If an employee is involved in a crash while operating a transit bus, the employee is subject to post-accident
testing under FTA regulations even if the employee is in the FMCSA random pool.
Administrative error on custody and control form (CCF):
The CCF for
a pre-employment U.S. Department of Transportation (DOT) test mistakenly indicates the test was conducted pursuant to Federal
Railroad Administration (FRA) authority. The form should have indicated Federal Motor Carrier Safety Administration (FMCSA)
authority because the employee is a commercial driver’s license (CDL) driver. Does this procedural error require the employee
to have another pre-employment test?
No. It is not necessary to retest the driver
employee as long as the test was administered in accordance with 49
CFR Part 40 and employee protections under Part 40 were not affected. Employers or their designated service agents should
ensure that appropriate changes are documented (e.g., for Management Information System reporting purposes). See U.S. Department
of Transportation Office of Drug and Alcohol Policy and Compliance September
2001 Part 40 Questions and Answers related to procedural problems that do not result in the cancellation of a test.
[See 49 CFR 40.209(b)(1) .]
Where can I check the status of
my name change and
You can check
to see if a name change
or address change has been completed at http://safer.fmcsa.dot.gov
It may take approximately 14 days to process the request.
- Once in the Safer website, go to “FMCSA Searches”
- Click “Licensing & Insurance”
- Enter MC Number or USDOT Number in the appropriate box and click “search”
a broker process loss and damage claims?
No, a broker assumes no responsibility
for the shipment and does not touch the shipment. A claim must be filed with the appropriate motor carrier, which usually
would be the delivering carrier or the carrier causing the loss. Brokers may, however, assist shippers in filing claims with
the motor carrier on the shipper’s behalf.
What happens if my medical examiner’s certificate or variance expires before I provide my State Driver
Licensing Agency (SDLA) with a new one?
Your SDLA will notify you that you are
no longer medically certified to operate a CMV in non-excepted interstate commerce. The SDLA will then downgrade all your
recursos están disponibles para ayudar a un gerente de programa TACT a definir una evaluación apropiada?
FMCSA ha preparado Una Guía para la Planificación y Gestión de la Evaluación de un Proyecto TACT para ayudar a los gerentes
de programas con el componente de evaluación de TACT. Además, la FMCSA puede proporcionar consultoría directa con los estados
para ayudarlos a actualizarse en esta materia.
If a document is due on a certain date, must DOT Docket Operations receive it by that date?
must be served by the date indicated within the Rules of Practice. Traditionally, this meant that you or a representative
were required to hand deliver the document. Now, you may serve a document by ensuring that it is mailed by the date indicated
in the Rules of Practice. The rules of practice allow you to add five calendar days to the date indicated by the rule for
mailing. You have effectively served a document once it is received by the U.S. Postal Service.
this rule change safety requirements that apply to drivers and motor carriers?
Yes, the safety requirements have changed:
- Before operating IME over
the road, the driver accepting the equipment must inspect the equipment components listed in § 392.7(b) and be satisfied that
they are in good working order; and
- A driver or motor carrier transporting IME must report to the IEP, or its designated
agent, any known damage, defects, or deficiencies in the IME at the time the equipment is returned to the IEP or its designated
agent. If no damage, defects, or deficiencies are discovered by the driver, the report shall so indicate. The report must
include, at a minimum, the items in § 396.11(a)(2).
What resources are available to help a TACT program manager define an appropriate evaluation?
has prepared A Guide for Planning and Managing the Evaluation of a TACT Project to assist program managers with the TACT evaluation
component. In addition, FMCSA can provide direct consulting with States to help them get up to speed in this area.
What is a Private
Private motor carrier means a person who provides transportation
of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.
Is getting a medical certificate mandatory for all CMV drivers in the
In general, all CMV drivers driving in interstate commerce within
the United States must obtain medical certification from a Medical Examiner. CMV drivers from Canada and Mexico can be medically
qualified in their countries.
do you say to drivers who think wearing a safety belt is a personal decision and doesn't affect anyone else?
it is the law. The Federal Motor Carrier Safety Regulations (FMCSRs) require CMV drivers to wear safety belts. Section 392.16
of the FMCSRs (49 CFR 392.16) states, "A commercial motor vehicle which has a safety belt assembly installed at the driver's
seat shall not be driven unless the driver has properly restrained himself/herself with the safety belt assembly."
Many people are affected by a person's decision to wear or not wear a safety belt.
The consequences of not wearing a safety belt can greatly affect your family and loved ones. What would be the affect on
your loved ones if you are killed or seriously injured in a crash as the result of not buckling up?
It is your responsibility to maintain control of your vehicle. Safety belts are your best chance of remaining in control
of your truck in a crash or emergency situation.
the HM Safety Permit requirements apply to U.S. territories such as Puerto Rico?
The HM Safety Permit requirements are enacted under the authority of the Hazardous Materials Law, which applies to U.S. Territories.
Where can I file
forms and pay fees for registration, insurance, and fines?
What happens if
a driver operates both a bus and truck for part of each day or each week?
A driver will be subject to the limits on driving time applicable to the CMV
the driver is driving (11 hours for a property-carrying CMV, 10 hours for a passenger CMV), and will be required to meet the
off-duty requirements applicable to the type of CMV the driver will drive immediately after that off-duty period (10 hours
if the next assignment is in a property-carrying CMV, 8 hours if it is in a passenger CMV). For example, if a bus driver completes
8 hours off-duty for the motorcoach company, the driver must remain off-duty for another 2 hours before driving for the trucking
company. After completing 10 consecutive hours off-duty, the driver may drive for 11 hours for the trucking company. Following
8 consecutive hours off-duty, the driver may then drive for the bus company.
with residence in Mexico drives for a U.S. company. Does that driver need a state issued commercial drivers license?
the driver needs a license from his place of residence. Licensing is not dependent on place of employment.
May FMCSA extend the period under
§ 385.319(c) for a new entrant to take corrective action to remedy its safety management practices? (§ 385.323)
FMCSA may extend the 60-day period in § 385.319(c)(1) for up to an additional 60 days provided FMCSA determines the new
entrant is making a good faith effort to remedy its safety management practices.
FMCSA may extend the 45-day period in § 385.319(c)(2) for up to an additional 10 days if the new entrant has submitted
evidence that corrective actions have been taken pursuant to § 385.319(c) and the Agency needs additional time to determine
the adequacy of the corrective action.
Must the files that I maintain in order to comply with the FMCSRs be in English?
No, there is no regulatory requirement that files be kept in English. However,
any time a specific form is identified by name/number (i.e. MCS-90) the
only approved form is in English.
happens after a new entrant has been notified under § 385.319(c) to take corrective action to remedy its safety management
practices? (§ 385.325)
If a new entrant, after being notified that it is required to take corrective action to improve its safety management practices,
fails to submit a written response demonstrating corrective action acceptable to FMCSA within the time specified in § 385.319,
and any extension of that period authorized under § 385.323, FMCSA will revoke its new entrant registration and issue an out-of-service
order effective on:
- Day 61 from the notice date for new entrants subject to § 385.319(c)(1)
- Day 46 from the notice date for new entrants subject to § 385.319(c)(2)
- If an extension has been granted under § 385.323, the day following the expiration of the extension date
If a State has
an 8-hour off-duty requirement for intrastate operations, may a driver who takes 8 hours off-duty after completing an intrastate
trip begin driving on an interstate trip?
No. The driver of a property carrying vehicle must take an additional 2 consecutive
hours off-duty, for a total of 10 consecutive hours, before beginning an interstate trip.
must I do to start a trucking business?
Entities Covered Under The HM 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.
What are the latest statistics on CMV driver deaths in truck crashes in 2004?
- 634 CMV drivers died in truck crashes;
- 303 CMV drivers that died in truck crashes were not wearing safety belts;
- 168 CMV drivers that died in truck crashes were ejected;
- 122 CMV drivers who died in truck crashes were ejected and were not wearing a safety belt (73%).
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 (GCW), or gross combination weight (GCW) of 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
If they operate a motor vehicle designed or used to transport between 9 and 15 passengers, for direct compensation, beyond
75 air miles from the driver's normal work-reporting location, in interstate commerce
If they transport hazardous materials, in a quantity requiring placards, in interstate commerce.
CFR 49 Part 391.41
CFR 49 Part 390.5
is a Private motor carrier of passengers(business), and what is a Private motor carrier of passengers(non-business)?
motor carrier of passengers (business) means a private motor carrier engaged in the interstate transportation of passengers
which is provided in the furtherance of a commercial enterprise and is not available to the public at large. Private motor
carrier of passengers (nonbusiness) means private motor carrier involved in the interstate transportation of passengers
that does not otherwise meet the definition of a private motor carrier of passengers (business).
What can States do to make sure their evaluation plan is appropriate?
best way to ensure an appropriate evaluation is to include a professional evaluator as part of the TACT team. In addition,
a State can submit its preliminary evaluation plan to the Federal Motor Carrier Safety Administration (FMCSA) during the pre-grant
review process. FMCSA’s evaluation specialists will review the proposed plan and provide feedback and improvement suggestions
an IEP or a motor carrier has questions or concerns about information in its inspection or accident reports, how can it contact
IEPs and motor carriers may use FMCSA’s DataQ’s system to electronically
file questions or concerns at http://dataqs.fmcsa.dot.gov.
How do I get a copy of a document
that has been filed with the DOT Docket Operations?
All documents filed with DOT
Docket Operations are publically available. The documents filed in your case are available at http://www.regulations.gov, and may be searched by entering the docket number or the respondent’s name.
The FMCSA Chief Counsel site also has searchable decisions under the Adjudications
pueden hacer los estados para asegurarse de que su plan de evaluación sea adecuado?
mejor manera de garantizar una evaluación adecuada es incluir un evaluador profesional como parte del equipo de TACT. Además,
un estado puede presentar su plan de evaluación preliminar a la Administración Federal de Seguridad de Autotransportes (FMCSA)
durante el proceso de revisión previo al subsidio. Los especialistas en evaluación de la FMCSA revisarán el plan propuesto
y proporcionarán sus opiniones y sugerencias para mejoras según sea necesario.
How can I get back my commercial driver’s license (CDL) privileges?
the medical examiner’s certificate has expired, you must obtain a new one and provide it to your State Driver Licensing Agency
(SDLA). If you require a variance and it has expired, you must renew it with FMCSA. Your State may require retesting and additional
fees to get back your CDL privileges. If allowed by your SDLA, you may also change
your self-certification to an operating category that does not require a medical certificate.
More information on the
FMCSA medical program can be found at http://www.fmcsa.dot.gov/rules-regulations/topics/medical/medical.htm
Why is this final
rule being issued?
The “Moving Ahead for Progress in the 21st Century Act” (MAP-21),
which was effective October 1, 2012, includes statutory exemptions to the Federal Motor Carrier Safety Regulations (FMCSRs)
that apply to agricultural transportation. This final rule revises the FMCSRs to conform to the MAP-21 requirements and requires
the States to adopt compatible exemptions within three years.
Do part-time commercial driver’s license (CDL) drivers need to be in an employer’s
U.S. Department of Transportation (DOT) random testing pool?
Yes. All CDL drivers
of commercial motor vehicles must be included in the DOT random pool. [See related regulatory guidance to 49
CFR 382.305, Question 2.]
needs to get a USDOT number?
In general, a USDOT Number is required if you are
operating in interstate commerce and:
For more specific requirements, go to http://www.fmcsa.dot.gov/registration-licensing/online-
registration/onlineregdescription.htm. Go to the “Help me register” section and click on “Step-by-Step Registration Guide.”
- You have vehicles that are over 10,000 lbs.
- You transport between 9 and 15 passengers (including the driver) for compensation.
- You transport 16 or more passengers.
- You haul hazardous materials.
are the penalties for failure to submit the biennial updates?
Failure to complete
biennial updates to FMCSA will subject the entities to civil penalties of up to $1,000 per day with a maximum penalty of $10,000.
Certain for-hire carriers of passengers and freight, freight forwarders, and brokers may be subject to additional civil penalties
as authorized by 49 U.S.C. 14901(a). FMCSA may also deactivate the USDOT Number for any entity that fails to comply with
the updating requirements.
there any exemptions to the biennial updating requirements?
Yes. A motor carrier
that registers its vehicles in a State participating in the Performance and Registration Information Systems Management (PRISM)
program is exempt from the biennial update requirements, provided that it files all the required information with the appropriate
State office. This exemption does not apply to HMSP holders who must still update with FMCSA.
How do I get a USDOT number?
get a USDOT number you must complete the MCS-150 form (Motor Carrier Identification Report) either online or by mail.
Does an employer have to join a consortium/pool in order to have its drivers random drug tested, or can this
program be managed in-house by the employer?
If a carrier employer has more than
one commercial driver’s license (CDL) driver subject to U.S. Department of Transportation (DOT) drug and alcohol testing,
the employer may manage its random testing program. Carrier employers with only one CDL driver are required to place the
driver in a consortium for random testing purposes. [See related regulatory guidance to 49
CFR 382.305, Question 11.]
do I need to do to reinstate my motor carrier operating authority (make my MC number active)?
need to request reinstatement of the motor carrier operating authority (to become active). The cost is $80. The exception
for this is if you are a passenger carrier that has been put out-of-service for being an “imminent hazard” or due to a final
unsatisfactory safety rating (“UNSAT/UNFIT”). In this case, you may not request a reinstatement; you must re-apply
for operating authority using a paper OP-1 application and paying the $300 application fee again: http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm
There are several ways to request a reinstatement:
All reinstatement requests must include:
- MC number
- Legal name of the carrier
- Person’s name or company name
on credit card or check/money order
- Billing address of the credit card (if paying by credit card)
- A phone number where you can be reached
- E-mail address if available
Payment options (no reinstatements can be made until payment has been received):
- If you request reinstatement online, you must pay the $80 fee via credit card as part of that process
- If you request reinstatement by e-mail, fax or mail you have the following options for paying the $80 fee:
Credit card payments must include the following information attached to the reinstatement request:
- Name of card-holder
- Card number
- Address of card-holder
- Phone number/e-mail address (if any) of card-holder
- Expiration date
- Check or money order payable to FMCSA sent separately from your e-mail/fax:
- The mailing address for a check or money order is:
Federal Motor Carrier Safety Administration
P. O. BOX 530226
Atlanta, GA 30353-0226
- The address for overnight express mail payments is:
Bank of America
Lockbox Number 530226
1075 Loop Road
Atlanta, GA 30337
are these changes effective?
MAP-21 became effective October 1, 2012. The provisions
were “self-executing” in the sense that they automatically changed Federal requirements or prohibitions applicable to interstate
commerce as of that date. The FMCSA published a notice in the Federal Register on October 1, 2012, alerting the enforcement
community and industry of this fact. This final rule is effective on March 14, 2013.
The MAP-21 provisions do not
pre-empt State laws, with the exception of the “covered farm vehicle” driver exemption from the drug and alcohol testing rules.
However, under the Motor Carrier Safety Assistance Program (MCSAP), States receiving MCSAP grants (currently all States) are
required to adopt compatible rules for interstate and intrastate operation of commercial motor vehicles (CMVs).
These changes must be made within 3 years of the effective date of this rule.
The amendment exempting drivers of
“covered farm vehicles” from the drug and alcohol testing regulations [49 CFR 382.103(d)(4)] preempts inconsistent State laws
or regulations, effective immediately. States may no longer require drug or alcohol tests of CDL holders who operate such
vehicles, but may continue to enforce State laws prohibiting operations while impaired by drugs or alcohol. However, CDL
holders remain subject to drug and alcohol testing when they drive CMVs that do not qualify as “covered farm vehicles.”
States have procedures in place to “automatically” change their State
regulations whenever a revision to the FMCSRs occurs. For others, the need for administrative and/or legislative action involves
delays. Therefore, it is necessary to contact the primary CMV safety enforcement agency in a particular State to determine
when and how these FMCSR changes impact intrastate (within one State) transportation. That agency is usually a division
of the State Police, Highway Patrol, Department of Public Safety, or Department of Transportation.
Why are some companies deemed "not
allowed to operate"?
A company shown as “not allowed to operate” has either been
placed out of service by FMCSA or does not have the proper operating authority and is NOT legally permitted to operate.
Where does the
safety performance information come from?
The safety information in the SaferBus
app is the result of 24 months of roadside inspections/violations of company drivers and vehicles as well as U.S. DOT/FMCSA
investigations of the company’s safety practices. The information is stored in databases that U.S. DOT/FMCSA and its state
partners use to evaluate a company's safety performance.
Puede asignarse horas extras para las tareas de control del programa TACT en conjunción con asociaciones
de jurisdicción local que proporcionan fondos para policías con turnos adicionales?
aumento de la cantidad de patrullas por medio del trabajo en horas extras pagadas es la piedra angular de las campañas de
control de alta visibilidad. Los presupuestos propuestos para TACT deberían incluir los fondos suficientes para que la policía
estatal y local trabaje horas extras. Si no se pueden conseguir directamente las horas extras de la policía local, frecuentemente
es posible “negociar” equipo para departamentos locales a cambio de horas extras para tareas de control de TACT.
How should my documents be formatted?
Each document you submit should be prepared by word processor, typewritten or
legibly handwritten, and should contain a short, plain statement of the facts and a brief statement of what action you would
like to request from the Assistant Administrator or the ALJ (e.g., requesting that a default be set aside or a final order
entered in your favor). The NOC and the reply are not subject to page limitations. But all other documents are limited to
20 pages unless the Assistant Administrator or ALJ approves a request to exceed that limit. Each page must be 8 ½ by 11 inches
and have a one inch margin on all pages. All documents prepared by word processor or typewritten must be in 12 point font.
The main text should be double spaced and headings and footnotes (if any) should be single spaced.
If a motor carrier or an IEP believes
that a party subject to these rules is violating them, what should it do?
IEP, the motor carrier, or designated agent should file a complaint with FMCSA against the party believed to be in noncompliance.
They should call FMCSA’s Safety Violation and Consumer Complaint Hotline is available by phone at 1-888-DOT-SAFT or by e-mail
the Hotline at http://nccdb.fmcsa.dot.gov/HomePage.asp.
Can overtime for TACT enforcement
be used with local jurisdiction partnerships that provide funding for officers on additional duty?
up patrols through paid overtime is the cornerstone of high visibility enforcement campaigns. Proposed TACT budgets should
include sufficient funding for both State and local police overtime. If local law enforcement overtime cannot be purchased
directly, it is often possible to “barter” equipment to local departments in exchange for overtime TACT enforcement.
What is the protocol
if the Medical Examiner's Certificate gets damaged, lost or unreadable?
of the Medical Examiner's Certificate should be kept on file in the Medical Examiner's office. The driver may request a replacement
copy of the certificate from the Medical Examiner or get a copy of the certificate from the motor carrier.
Can a contract carrier broker loads?
No. A contract carrier cannot broker loads without first applying for and receiving
a license to operate as a broker of freight.
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?
Carriers are not required to comply with the permitting requirements before they apply for their HM 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.
How do I report safety violations?
How would "waiting time" at a terminal, plant, or port be logged?
"Waiting time" at a terminal, plant, or port may be recorded as off-duty, sleeper
berth, or on duty/not driving, depending on specific circumstances.
For "waiting time" to be off-duty, the following off-duty conditions must be met:
- The driver must be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and
any cargo or passengers it may be carrying.
- During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing
and to leave the premises where the vehicle is situated.
If circumstances permit a driver to utilize a valid sleeper berth without being disturbed for a specific period of "waiting
time," that time in the sleeper berth may be recorded as "sleeper berth" time. However, a driver must take eight consecutive
hours in a sleeper berth, plus another two consecutive hours off duty or in a sleeper berth, in order to meet the requirement
for the equivalent of 10 consecutive hours off duty. In most other circumstances, such as when the driver is required to remain
with the vehicle to move it when necessary, the "waiting time" should be recorded as "on duty/not driving."
These provisions should not be confused with waiting time of drivers of vehicles that are specially constructed to service
a new entrant request an administrative review of a determination of a failed safety audit? (§ 385.327)
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
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 assure 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:
The Field Administrator’s decision constitutes the final Agency action.
- 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)
How do I change the type of authority I have?
an MC Number has been issued and an Operating Authority has been granted, the type of authority cannot be changed. You may
file for any additional authorities if you want. You must submit a new OP-2 and pay the fee that is indicated on the application.
a bus company in Mexico and I want to provide service to all areas in California and to Las Vegas, NV. Do I need MX Authority
and how long will it take to get my it?
Yes, you must file an OP-1(MX) for motor
passenger carrier authority beyond the commercial zone. However, no authority will be issued for operations beyond the zone
until the land transportation provisions of NAFTA have been implemented.
How long it will take to get your authority will vary depending upon whether the application is completed correctly. An application
that is completed correctly can be processed significantly faster. If an application is submitted and it is not completed
correctly, it will be sent back to the motor carrier for correction. When the corrections are returned, they are entered in
the order they are received along with any new applications that are received.
a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? (§
A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service
by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation.
If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following:
- Submit an updated MCS—150
- Submit evidence that it has corrected the deficiencies that resulted in revocation of its registration and will otherwise
ensure that it will have basic safety management controls in effect
- Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved
If the USDOT new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a safety
audit, it must do all of the following:
If the new entrant is a for-hire carrier subject to the registration provisions under 49 U.S.C. 13901 and also has had its
operating authority revoked, it must re-apply for operating authority.
- Submit an updated MCS—150
- Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved
- Submit to a safety audit
May a driver be called after 8 hours off-duty to report to work 2 hours later?
Yes. The HOS rule does not control communication between the driver and the
motor carrier during the driver's off-duty time, so the call may occur. However, the driver cannot be required to do any work
for the motor carrier during the 10 hours of off-duty time.
Where can I find carrier safety ratings, inspections, and accident summary data?
What percentage of commercial motor vehicle (CMV) drivers wear safety
The 2005 CMV Safety Belt Usage Study showed that only 54 percent of all commercial vehicle drivers wear safety
belts. The study dispels the conventional belief that professional truck drivers are more likely to wear safety belts than
drivers of passenger vehicles, 82 percent of whom wear safety belts.
Do you offer temporary Operating Authority?
Temporary Operating Authority is only issued for national disasters or emergency
are the hearing requirements for CMV drivers?
A person is physically qualified
to drive a CMV if that person: First perceives a forced whispered voice in the better ear at not less than five feet with
or without the use of a hearing aid or if tested by use of an audiometric device, does not have an average hearing loss in
the better ear greater than 40 decibels at 500Hz, 1000HZ and 2,000 Hz with or without a hearing aid when the audiometric device
is calibrated to the American National Standard Z24.5-1951.
How can States continue to motivate officers in the TACT program if the high visibility enforcement
campaign is effective and violations drop?
Citations for TACT-related violations
will most certainly be up during the enforcement blitz periods because the officers taking part in overtime patrols are focusing
almost exclusively on violations around CMVs. Even with a maximally effective TACT effort and a significant drop in offenders,
however, there will still be plenty of violators left to catch. Moreover, as long as citation rate is not viewed
as a measure of program effectiveness, officers should not be disappointed if a drop in citation rate occurs.
will FMCSA review compliance with the new rules?
FMCSA will conduct roadability
reviews on IEPs. A roadability review is an on-site examination of the IEP’s compliance with the applicable Federal Motor
Carrier Safety Regulations.
if I cannot finish a document on time?
You may request an extension of time for
good cause. You may also make an agreement (called a stipulation) for an extension of time with Claimant’s counsel. A request
for an extension of time and stipulations must be filed and served in accordance with the Rules of Practice if the case is
before the Assistant Administrator or an ALJ. If the case is not before the Assistant Administrator stipulated extensions
of time need not be filed.
pueden los estados continuar motivando a los policías que participan en el programa TACT si la campaña de control de alta
visibilidad es eficaz y se reduce la cantidad de infracciones?
Las multas por
infracciones relacionadas con el programa TACT se incrementarán sin duda durante los periodos punta de control porque las
autoridades policiales que participan en patrullas de horas extra se centran casi exclusivamente en infracciones de CMV. Incluso
con una iniciativa TACT extremadamente eficaz y una reducción significativa de infracciones, todavía continuará habiendo muchos
infractores por encontrar. Además, siempre que el índice de multas no se vea como medida de la eficacia del programa, las
autoridades policiales no deberían estar desilusionadas si se produce una reducción en la cantidad de multas.
Who may take advantage of the MAP-21
exemptions covered by today’s final rule?
Some of these revisions apply to any
motor carrier transporting agricultural commodities and farm supplies to and from farms within limited distances. Other provisions
also may apply to farmers (and their family, employees, etc.) operating “covered farm vehicles” while transporting agricultural
commodities, livestock, machinery or supplies to or from a farm or ranch. There are several important limitations on eligibility
and use of this exemption for the operation of a “covered farm vehicle.”
How can I suspend, put my operating authority (MC number) on hold or voluntarily make it inactive?
cannot suspend your operating authority, but you can revoke it voluntarily. To request a voluntary revocation, you must:
Operating authority can be activated at any time in the future by requesting reinstatement of the authority.
- Complete a Form OCE-46, Request for Revocation of Registration
- Have it notarized
- Mail the completed form to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
- The telephone number to request Form OCE-46 is 1-866-637-0635. You also can e-mail the insurance team at FMCSAInsurance@dot.gov.
authority over service agents:
Does the Federal Motor Carrier Safety Administration (FMCSA) have authority to investigate
consortiums/third-party administrators and other service agents?
has authority to investigate service agent compliance with 49 CFR Parts 40
and 382 as required by 49
CFR 40.331 Under the Safe Roads Act of 2012, Congress provided authority for civil penalty actions against service agent
violations of alcohol and drug testing requirements. [See: Moving Ahead for Progress in the 21st Century Act, P.L. 112-141
(MAP-21), Sec. 32402, 49 U.S.C. §31306a(f)(2) & (k)(1).]
What are the benefits of the new
The new rule will streamline manual processes and combine several forms
regulated entities are required to submit into one unified online registration process, thereby saving time and money for
the industry and FMCSA. The Agency estimates that industry will see total savings of almost $9 million from time and fees
over a ten year period.
This rule will also improve the ability for FMCSA to locate small and medium-sized private
and exempt for-hire motor carriers for enforcement action, because investigators will be able to work with designated process
agents to locate and/or serve documents on hard-to-find motor carriers.
I have already booked tickets with a bus company that is not allowed to operate. What should I do
Contact the company, cancel the trip and request a refund. Also, contact
FMCSA at 1-888-368-7238 (DOT-SAFT) to notify us that the out of service company is still selling tickets. Hearing directly
from consumers gives us necessary information to permanently shut down unsafe companies.
49 CFR Part 40 Subpart O return-to-duty process:
A commercial driver’s
license (CDL) driver tests positive on, or refuses to take, a U.S. Department of Transportation (DOT) drug test. What must
the driver do to be able to resume operating any type of commercial motor vehicle (CMV)?
CDL driver who tests positive on a DOT test, or refuses to take a DOT test, must successfully complete the return-to-duty
(RTD) process with a DOT-qualified substance abuse professional. The requirements for the RTD process are found in 49 CFR
Part 40 Subpart O. [See 49 CFR Part 40 Subpart O.]
Where can I get
a copy of my company safety profile?
The company safety profile (CSP) contains
safety-related information on an individual company's operation, including selected items from inspection reports and crash
reports and the results of any reviews or enforcement actions involving the requested company.
You have several
options to get a copy of your profile:
can the MAP-21 exemptions be summarized?
The current hours-of-service (HOS) exception
in § 395.1(k) covers any motor carrier transporting agricultural commodities or farm supplies to an eligible destination.
The MAP-21 revision expands the current 100 air-mile radius to 150 air-miles (176.2 statute miles), and makes transportation
from wholesalers to retailers eligible for the exception.
MAP-21 provides a new and broad exemption from many of
the Federal Motor Carrier Safety Regulations for operators of “covered farm vehicles” (CFVs). The new definition of a CFV
to be found in § 390.5 includes a variety of conditions and limitations involving the size of the vehicle, hauling distance
from the farm or ranch, and cargo being transported. Perhaps most important, CFV operators must be farmers or ranchers, their
families, and employees.
questions about the safety information being displayed in the SaferBus app. Where should I go for help?
you have additional questions about the data or how it was calculated, please visit FMCSA's SMS Web site at http://ai.fmcsa.dot.gov/SMS/ or contact us at http://csa.fmcsa.dot.gov/CSA_Feedback.aspx. More information can be found at http://csa.fmcsa.dot.gov/resources.aspx.
What does the symbol indicate?
BASIC status of indicates that, based on the data, the bus company may be
prioritized for further monitoring. This is either because the company’s on-road performance (BASIC percentile) is above
the intervention threshold or a serious violation ()
was found during a carrier investigation. A company with a BASIC status of should not be viewed as unsafe. The symbol is not intended to imply
any Federal safety rating of the carrier pursuant to 49 USC 31144. Users should not draw conclusions about a carrier's overall
safety condition simply based on the data displayed in this app. Unless a company in the SMS has received an UNSATISFACTORY
safety rating pursuant to 49 CFR Part 385, or has otherwise been ordered to discontinue operations by the FMCSA, it is authorized
to operate on the nation's roadways. Motor carrier safety ratings are available at http://safer.fmcsa.dot.gov and motor carrier licensing and insurance status are available at http://li-public.fmcsa.dot.gov/.
How can I reactivate my USDOT number?
To reactivate a
USDOT number, you will need to mail or fax a completed and updated MCS-150 form. You must check the
box “reapplication (after revocation of new entrant)” in the “reason for filing” section. You can access the MCS-150 form
You can submit the form in one of two ways:
Note: The online option to reapply for a DOT number
only available if your carrier record is revoked for reasons related to a New Entrant Revocation. If you have questions
regarding a revoked status on your USDOT number, please call 800-832-5660.
- Mail: You can send the updated MCS-150 form to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
Licensing Team, 6th Floor
Washington, D.C. 20590
- Fax: You can fax the MCS-150 form to: 703-280-4003.
procesos de control de TACT que funcionen mejor que otros?
Los programas TACT
han reportado éxito con vehículos de patrulla, vehículos no identificados y vigilancia aérea. Estos procesos están siendo
documentados actualmente por el componente de evaluación de cada programa. Debido a las diferencias en los programas, no pueden
compararse directamente, pero sus méritos relativos y mejores prácticas son dignos de análisis en los foros de T-SPEN.
What happens if
a new entrant operates a CMV after having been issued an order placing its interstate operations out of service? (§ 385.331)
new entrant that operates a CMV in violation of an out-of-service order is subject to the penalty provisions in U.S.C. 521(b)(2)(A)
for each offense as adjusted for inflation by 49 CFR part 386, Appendix B.
Do I need to send copies of documents to anyone else?
must serve all documents on all parties, or their designated agent. See FAQ number 13 for more information about serving documents.
What happens if
an IEP is found to be in noncompliance during a roadability review?
will not assign a safety rating to an IEP as a result of a roadability review, it will cite the IEP for violations found and
may impose civil penalties.
some TACT enforcement processes working better than others?
TACT programs have
reported successes with ride-alongs, unmarked cars and aerial surveillances. These processes are currently being documented
by each program’s evaluation component. Because of program differences, they cannot be directly compared, but their relative
merits and best practices are worthy of discussion in T-SPEN forums.
Can a driver receive a hearing waiver?
is no waiver program for hearing.
How can I find out if my Operating Authority (active MC Number) has been issued? Can I get a faxed
To check whether your Operating Authority has been issued, you should
go to our Internet site at http://li-public.fmcsa.dot.gov .
If you do not have access to the Internet, please call 1-866-637-0635 or call our status line at 202-366-9805 from 8:00 a.m.
to 5:00 p.m. eastern standard time. We will only fax your Operating Authority if 10 or more working days have passed since
the service date and you have not yet received the Operating Authority.
How is the "Top 30%" OOS, Hazmat violations, and crash ratings calculated?
"top 30%" is a factor defined by examining ALL motor carriers registered for a USDOT Number. The factor establishes
a threshold where in the total population of motor carriers, 30% of them fall above the number for out-of-service rates
and crashes at the 70th percentile. The "top 30%" threshold rates will remain static rather than change
every two years and are published on the FMCSA website, http://www.safersys.org/HazMatRates.aspx, for motor carriers to determine their ability to transport permitted
Since the inception of the program, data from the entire eight year period was used in the calculations for the
new fixed rates. The threshold rate calculation included only carriers that had at least 12 inspections over the 8 years.
The top (worst-performing) 30% of the National averages were determined by establishing a cut-off at the numerical threshold
value located at the 70th percentile in each category using eight years of data. All carriers with a driver, vehicle, or HM
OOS rate less than the cut-off are considered to be below the National Average for each category, and, therefore, eligible
for participation in the program. Carriers with a driver, vehicle, or HM OOS rate that is equal to or greater than the cutoff
in each category are in the 30%, or the worst-performing category, and will be denied an HMSP.
Motor carriers that
transport permitted HM may obtain their out-of-service rates from their Company Safety Profile (obtained at http://safer.fmcsa.dot.gov/CSP_Order.asp ) and compare it to the national rates posted on the FMCSA website.
In order to calculate the fixed crash rate the 8-year period, since the inception of the program, was divided into
four 2-year periods. Qualifying motor carriers had at least 2 crashes in at least one 2-year period. Then the number of power
units for each qualifying 2-year period was captured based on snapshots taken immediately after the end of each FY. The crash
rate for each 2-year period motor carrier was then determined in each time period by taking the number of crashes indicated
and dividing by the number of power units times two. Finally, all carrier/time period combinations were ranked based on crash
rate, with a resulting crash rate threshold at the 70th percentile of 0.136.
A motor carrier may determine its crash
rate as the number of crashes divided by the number of power units as follows: HM Permitted Motor Carrier crash rate = Number
of crashes in the past 365 days / total number of power units (operating).
The New Fixed Rates are-: Driver: 9.68;
Vehicle: 33.3; HM: 6.82; Crash: 0.136. These rates are now in effect and are being used to establish a company's eligibility
for an HMSP. Detailed information on the method used to calculate these rates is published on FMCSA's SAFER website at http://www.safersys.org/HazMatRates.aspx.
The Federal Register notification can be viewed at http://www.gpo.gov/fdsys/pkg/FR-2012-06-27/pdf/2012-15740.pdf.
How can I obtain a motor company's safety profile?
How does the HOS rule apply to Mexican and Canadian drivers? Are Canadian
and Mexican military or other government employees exempt?
Mexican and Canadian drivers operating in the United States must comply with
FMCSA's HOS regulations. Although compliance with the HOS regulations is checked by looking backward in time, and activity
occurring outside the U.S. may be taken into account, State and Federal officials may only impose penalties for violations
that occurred in this country.
For example, upon entering this country, Canadian and Mexican drivers must show a current RODS for the previous 7 consecutive
days. U.S. officials cannot penalize a driver for actions that occurred abroad, but failure to have the previous 7 days of
RODS while in the U.S. is a violation of § 395.8(k)(2). Additionally, Mexican and Canadian drivers of property-carrying commercial
motor vehicles may not drive in the U.S. unless their last off-duty period (either here or abroad) amounted to 10 consecutive
hours (or an authorized sleeper-berth equivalent). If such a driver took only 8 consecutive hours off-duty in Mexico or Canada
just before starting a trip into the U.S., he/she would be required to take 10 consecutive hours off-duty immediately after
entering this country.
Canadian and Mexican military and other government employees are NOT exempt from the HOS regulations. The general exemption
in § 390.3(f)(2) applies only to U.S. Federal, State, and local governments.
a company in Mexico and a company in the United States. My trucks have both Mexico and U.S. license plates. Can I put my MX
number and my MC Number on the same truck?
No. A single company cannot claim
multiple places of domicile and therefore would not be entitled to have both numbers. The vehicle must be marked in accordance
with 49 CFR 390.21. that requires the placement of a
USDOT Number. Please see: http://www.fmcsa.dot.gov/rulesregs/fmcsr/390.21.htm
I use a pick-up
truck (small van, car, tow truck, etc) to bring my merchandise from Mexico to the U.S. Do I need an MX number?
for Authority issues, the size of the vehicle is irrelevant.
What is the difference between interstate commerce and intrastate commerce?
- INTERSTATE COMMERCE : Interstate commerce is trade, traffic, or transportation involving
the crossing of a State boundary of vehicle, cargo, or its passengers, or there must be the intent to cross a State boundary
to be considered an interstate carrier.
If your operations include interstate commerce, you must comply with the applicable Federal safety regulations and Operating
Authority rules, in addition to State and local requirements. You must notify the State in which you plan to register your
vehicle(s) of your intentions to operate in interstate commerce to ensure that the vehicle is properly registered for purposes
of the International Registration Plan (IRP), and International Fuel Tax Agreement (IFTA). The base State will help you by
collecting the appropriate fees and distributing a portion of those fees to the other States in which you operate commercial
- INTRASTATE : Intrastate commerce is trade, traffic, or transportation within a single State. This
means that your vehicle, cargo, or passengers never leave the state from the origin to destination of the
cargo/passengers. If you operate exclusively in intrastate commerce , you must comply with applicable State and local regulations.
The only Federal regulations that are applicable to intrastate operations are: the commercial driver's license (CDL), for
drivers operating commercial motor vehicles as defined in 49 CFR 383.5; controlled substances and alcohol testing for all
persons required to possess a CDL; and minimum levels of financial responsibility for the intrastate transportation of certain
quantities of hazardous materials and substances.
are property-carrying and passenger-carrying drivers determined as the terms are used in the HOS rule?
It is easiest to determine passenger-carrying, with any other CMV drivers to
be considered property-carrying. The definition of a CMV in § 390.5 should be used to determine passenger-carrying. If a driver
is operating a CMV "designed or used to transport more than 8 passengers (including the driver) for compensation; or designed
or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation,"
the driver would be considered to be passenger-carrying regardless of whether there were actually any passengers on the vehicle.
This would include, for example, new buses being delivered (driven) from manufacturer to dealer.
can I find statistics and analysis regarding the truck and bus industry?
What are carriers required to do to obtain and keep an HM Safety Permit?
will be required to:
- Maintain a "satisfactory" safety rating in order to obtain and hold a safety permit.
- Maintain their crash rating, and their driver, vehicle, hazardous materials or out-of service rating so they are not in
the worse 30 percent of the national average as indicated in FMCSA's Motor Carrier Management Information System (MCMIS).
- Have a satisfactory security program (and associated training) according to 49 CFR 173.800 in place.
- Maintain registration with PHMSA.
- Develop a system of communication that will enable the vehicle operator to contact the motor carrier during the course
of transportation and maintain records of these communications.
- Have written route plan required for radioactive materials set forth in 49 CFR 397.101 and for explosives in Part 397.19
- Perform a pre-trip inspection (North American Standard (NAS) Level VI Inspection Program for Radioactive Shipments) for
shipments containing highway route controlled Class 7 (radioactive) materials.
There will be a process for issuing temporary safety permits, revoking and suspending a safety permit, and appealing decisions
to suspend or revoke a safety permit.
I operate outside of my base State now that I have applied for Operating Authority?
you are transporting exempt commodities and have a USDOT Number, you may operate as an exempt for-hire interstate motor carrier
without an MC Number.
You cannot transport regulated commodities in interstate commerce until you have obtained Operating Authority (Certificate
and/or Permit) and received your single State registration. Simply applying for Operating Authority is not sufficient. You
must wait until the Certificate and/or Permit has been issued.
On our Web site you will find Administrative Ruling No. 119 which is a guide
on what is and is not exempt. The booklet is no longer in print, but the information is still correct. The list of exempt
commodities is ever changing, but this can be used as a general guide. Also, a list of commodities that are not exempt can
be found in the FMCSR at Section 372.115.
is audiometry required?
A medical examiner may require a driver to have an audiometry
test. If the driver fails the whisper test, the driver must pass an audiometer test to be qualified to drive a CMV.
Office audiometry is not able to test a person with a hearing aid. The person needs to be referred for accurate testing.
there a TACT standard for enforcement officers to use in measuring following and passing distances between commercial motor
vehicles and passenger vehicles?
Safe following distance is a function of a variety
of factors including vehicle speed, vehicle size and road and weather conditions. Because of the variability in these factors,
it is best handled as a subjective judgment by a trained law enforcement officer. Experience suggests that a trained
officer’s subjective judgment will be a reasonable indicator of what is “safe,” and there is ample indication that the courts
generally accept this judgment. If the officer also is able to present video evidence to support his/her assertion of unsafe
behavior, the case against a violator is often strengthened.
What are the consequences if an IEP, motor carrier, or driver is found to be in violating the rules?
In very general terms, consequences range from a written citation (with or without
a monetary penalty), to placing an item of IME out-of-service at roadside, to prohibiting a motor carrier from transporting
IME, to prohibiting an IEP from tendering IME.
What is a certificate of service, and am I required to attach a certificate of service to documents
that I file?
A certificate of service is a document showing the date and manner
of service, signed by the person serving the document (e.g., a document certifying the date that a request/motion was
put in the mail, signed by the person who deposited the document at the post office). You must attach a certificate of service
to documents you serve or file in order to show that you served the document on all parties.
What happens if a new entrant refuses to permit a safety audit to be performed
on its operations? (§ 385.337)
If a new entrant refuses to permit a safety audit
to be performed on its operations, FMCSA will provide the carrier with written notice that its registration will be revoked
and its operations placed out of service unless the new entrant agrees in writing, within 10 days from the service date of
the notice, to permit the safety audit to be performed. The refusal to permit a safety audit to be performed may subject the
new entrant to the penalty provisions of 49 U.S.C. 521(b)(2)(A), as adjusted for inflation by 49 CFR part 386, Appendix B.
Existe un estándar
de TACT a disposición de las autoridades de seguridad para medir las distancias de seguimiento y de adelantamiento entre vehículos
comerciales y de pasajeros?
La distancia de seguimiento segura depende de varios
factores, entre ellos la velocidad del vehículo, el tamaño del mismo y las condiciones de la carretera y climáticas. Debido
a la variabilidad de estos factores, lo mejor es tratarla como una decisión subjetiva tomada por la autoridad de seguridad
capacitada. La experiencia sugiere que la decisión subjetiva de un policía capacitado será un indicador razonable de lo que
es “seguro”, y existen muchas indicaciones de que los tribunales generalmente aceptan esta decisión. Si el policía también
puede presentar prueba en video para apoyar su declaración de conducta peligrosa, el caso contra un infractor con frecuencia
es más sólido.
revisions have been made to § 395.1(k), the hours-of-service exception available for agriculture-related transportation?
current hours-of-service (HOS) exception in § 395.1(k) covers any motor carrier transporting agricultural commodities or farm
supplies to an eligible destination. The MAP-21 revision expands the current 100 air-mile radius to 150 air-miles (176.2
statute miles), and makes transportation from wholesalers to retailers eligible for the exception. Eligible transportation
- Farm supplies for agricultural purposes transported from a wholesale or retail distribution point to a farm
or other location where the supplies are intended to be used. Exception is limited to a 150 air-mile (176.2 statute miles)
radius [formerly 100 air-miles] from the wholesale or retail distribution point.
- Farm supplies for agricultural
purposes transported from a wholesale distribution point to a retail distribution point within a 150 air-mile radius of the
wholesale distribution point.
- Agricultural commodities transported from the source of the commodities to
a location within a 150 air-mile radius of the source.
I submitted my application for a name change
and paid the fee online, but my company profile information still is not changed.
name change application
submitted online is evaluated by an FMCSA agent for completeness, accuracy and compliance with regulations. Data on the company
record will be changed after the evaluation is completed. This process takes around 14 business days.
abuse professionals (SAP):
How do I find U.S. Department of Transportation (DOT)-qualified SAPs in my area?
are required to provide employees who have engaged in conduct prohibited by 49
CFR Part 382 Subpart B with contact information for SAPs. DOT does not develop or maintain a list of qualified service
agents. An employer can check with industry associations, the yellow pages, or the web for DOT-qualified SAPs. The employer
is ultimately responsible for compliance with the DOT drug and alcohol testing regulations; therefore, as an employer, you
must ensure that the SAP you identify meets all the DOT required qualifications. [See related regulatory guidance to 49
CFR 382.605, Question 4.]
If a driver is terminated and returns to safety-sensitive functions with the same employer, is the driver subject
to a U.S. Department of Transportation (DOT) drug and alcohol pre-employment test?
a driver has been removed from a DOT random testing pool for more than 30 days, the employer must administer a pre-employment
test and receive a negative test result before the driver may operate a commercial motor vehicle. If less than 30 days have
passed since the driver participated in a DOT random testing program, the employer may re-employ the driver without a pre-employment
drug test. This situation only applies to re-employment with the same employer. [See related regulatory guidance to 49
CFR 382.301, Question 3.]
percentage of entities that currently only use paper forms will be affected by the URS rule and what options do they have
to file electronically?
The Agency estimated in its Regulatory Impact Analysis
that 16 percent of new registrations are submitted through paper applications. These entities without access to the internet
may use third party processing agents, internet access at public libraries, and kiosks at trucks stops and travel centers,
among other options.
do I correct data on the FMCSA web site or in my carrier profile?
The most efficient
way to correct data or “request a data review” (RDR) is using the DataQs system. DataQs is an online system for tracking and
monitoring RDRs nationwide. You can access the DataQs system at <>a href="/redirect.aspx?page=https://dataqs.fmcsa.dot.gov"
changes have been made to the definitions in the FMCSRs?
The only change
is the addition of the MAP-21 definition for “covered farm vehicle” under § 390.5. The definitions for “agricultural commodity”
and “farm supplies for agricultural purposes” in § 395.2 were not amended by MAP-21.
I have already booked tickets with a bus company that has a . What should I do now?
Consumers should contact the bus company
with any specific questions they have regarding their safety performance.
How does a motor carrier apply for a safety permit? (§ 385.405)
(1) To apply for a new safety permit or renewal of the safety permit, a motor carrier must complete and submit Form MCS—150B,
Combined Motor Carrier Identification Report and HM Permit Application.
(2) The Form MCS—150B will also satisfy the requirements for obtaining and renewing a USDOT Number; there is no need to complete
Form MCS—150, Motor Carrier Identification Report.
- To apply for a new safety permit or renewal of the safety permit, a motor carrier must complete and submit Form MCS—150B,
Combined Motor Carrier Identification Report and HM Permit Application
- The Form MCS—150B will also satisfy the requirements for obtaining and renewing a USDOT Number; there is no need to complete
Form MCS—150, Motor Carrier Identification Report
What happens if I choose to have the Assistant Administrator of FMCSA decide my case on written evidence?
If you chose to have the Assistant Administrator decide your case on written evidence,
you must deny the claims in the NOC that you wish to contest in your reply. You must state your reasons for the denial.
You must also assert any affirmative defenses (legal defenses to your claim) in your initial reply to the NOC, and request
to submit written evidence. Claimant’s counsel will then serve and file its written evidence and argument in support of the
NOC within 60 days of the date you served your reply to the NOC. In turn, you must then serve and file your written evidence
and argument within 45 days of the agency’s written submission in support of the NOC. Claimant’s counsel may then file a
written response to your submission within 20 days of the date of your submission. The Assistant Administrator will either
render a decision on the evidence submitted or request further evidence or argument.
How should IEPs mark their IME?
unit of IME must identify the IEP by its legal or trade name and USDOT
number. Section 390.21(g)(4) gives an IEP four options for identifying its IME, which include:
- Marking the identification on the curb side of the item of equipment. The marking must be in letters that contrast sharply
in color with the background on which the letters are placed. The identification code must be readily legible, during daylight
hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary. It must be kept and maintained in a manner
that retains this legibility; or
- Placing the identification marking on a label placed upon the curb side of the item of equipment. The label must be
readily visible and legible to an inspection official during daylight hours when the vehicle is stationary. The label must
be a color that contrasts sharply with the background on which it is placed, and the letters must also contrast sharply in
color with the background of the label. The label must be kept and maintained in a manner that retains this legibility; or
- Including the USDOT number of the IEP, as well as the VIN and 4-character SCAC code and 6-digit unique identifying number
on the interchange agreement so that it is clearly identifiable to an inspection official; or
- Placing the identification information on a document placed in a weathertight compartment affixed to the frame of the
item of IME. The color of the letters used in the document must contrast sharply in color with the background of the document.
The document must include additional information to identify the specific item of IME (such as the VIN and 4-character SCAC
code and 6-digit unique identifying number).
son algunos ejemplos de actividades de control?
Algunos ejemplos de tácticas de
control incluyen las multas en los corredores seleccionados por parte de autoridades policiales en vehículos de patrulla marcados
o no identificados, policía en CMV utilizando radios móviles para alertar a vehículos de “caza” y efectivos de seguridad en
aviones que se comuniquen con los vehículos de patrulla.
What are examples of enforcement activities?
enforcement tactics include ticketing in selected corridors by law enforcement officers in marked or unmarked patrol vehicles,
officers riding in CMVs using mobile radios to alert “chase” vehicles and officers in aviation units contacting patrol vehicles.
What is an Exempt
For-hire motor carrier?
Exempt For-hire motor carrier means a person engaged in
transportation exempt from economic regulation by the Federal Motor Carrier Safety Administration under 49 U.S.C. 13506.
"Exempt motor carriers" are subject to the safety regulations set forth in this subchapter.
What is a waiver? An exemption?
waiver is temporary regulatory relief from one or more of the FMCSRs given to a person subject to the regulations, or a person
who intends to engage in an activity that would be subject to the regulations. A waiver provides the person with relief from
the regulation for up to three months. 49
CFR 391.64 provides waivers to CMV drivers who were in the initial vision and insulin programs in the early 1990's.
An exemption is a temporary regulatory relief from one of more of the FMCSRs given to a person or class of persons subject
to the regulations, or who intend to engage in an activity that would make them subject to the regulation. An exemption provides
the person or class of persons with relief from the regulations for up to two years, but may be renewed.
do I obtain a USDOT Number?
can I obtain the MCS-150B form?
Hard copies of the MCS-150B are available through
each FMCSA Division Office.
Downloadable versions of the MCS-150B are available at www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm.
On-line applications can be completed by visiting the following link http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm.
is a "short-haul" operation?
The HOS regulations do not specifically define or use the term "short haul"
except as a caption for § 395.1(e), which includes requirements for drivers using the 100 air-mile radius exception and those
covered by the "non-CDL, as defined in Part 383, 150 air-mile radius" provision.
I go into other states and make deliveries?
If you are still operating on a certificate issued prior to April 18, 2002,
then your Certificate of Registration will indicate in which states you may operate. If your certificate was issued after
April 18, 2002, then you may operate in those states where you have an agent of process. If you are unsure where you have
an agent of process, the information can be found at http://li-public.fmcsa.dot.gov.
In no case is a Mexican motor carrier allowed to perform domestic interstate transportation between points in the U.S.
a copy of the front page of the MX certificate of registration satisfy the regulation 387.303(b)(4) or must a carrier have
all of the pages of the certificate on board the vehicle?
No, the front page
does not satisfy the requirement of having the Certificate of Registration on board the vehicle. The regulation says that
the carrier must have the Certificate of Registration. The newest Certificates of Registration are one page documents.
How do I apply
for an HM Safety Permit?
A carrier would file the MCS-150B to start the application
process. A carrier that does not have a USDOT Number will receive one by filing the MCS-150B.
Downloadable versions of the MCS-150B are available at http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm.
Online applications can be completed by visiting the following link: http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm.
is an "air-mile"?
The term "air-mile" is internationally defined as a "nautical mile" which is
equivalent to 6,076 feet. Thus, the 100 air-miles are equivalent to 115.08 statute miles, and 150 air-miles are equivalent
to 172.6 statute miles.
can I find information about the transportation of Hazardous Materials?
Will my employer have access to my medical evaluation?
the FMCSRs do not require the Medical Examiner to give a copy of the Medical Examination Report to the employer, the FMCSA
does not prohibit employers from obtaining copies of the medical examination form (long form). Medical Examiners should have
a release form signed by the driver if the employer wishes to obtain a copy of the medical examination form (long form).
Employers must comply with applicable State and Federal laws regarding the privacy and maintenance of employee medical
information. For information about the provisions of the Standards for Privacy of Individually Identifiable Health Information
(the Privacy Rule) that was mandated by the Health Insurance Portability & Accountability Act of 1996 (HIPAA) (Public Law
104-191), contact the U.S. Department of Health & Human Services at the HIPAA
Web site of the Office of Civil Rights. Their toll-free information line is:
both For-hire and private carriage. Will I be able to operate once I get my USDOT Number?
you have your USDOT Number you will be able to operate as a Private motor carrier. You will not be able to operate as a For-hire
motor carrier until you have Operating Authority (an active MC Number).
What are important considerations in developing an enforcement plan?
should identify the high-risk areas where the TACT program might have maximum impact and select one or more intervention areas
where enforcement and communications will be applied. Then the State should develop its enforcement strategy based on the
selected areas and resources available. Consideration should be given to the timing, frequency and visibility of the enforcement
efforts. It is also important for a State to develop viable enforcement tactics that cover which departments will be involved
and the methods used to identify and stop dangerous drivers.The objective of TACT enforcement is to increase the general deterrence
of unsafe behaviors when commercial motor vehicle (CMV) and passenger vehicle (PV) share the road. To accomplish this, the
TACT enforcement must be as vigorous and as visible as possible. The impact of TACT enforcement will be affected by the choice
of enforcement area, the enforcement strategy and tactics employed and the resources available to increase law enforcement
presence on the road.
son las consideraciones importantes para el desarrollo de un plan de control?
estados deberían identificar las áreas de alto riesgo en las que el programa TACT podría tener un impacto máximo y seleccionar
una o varias áreas de intervención en las que se aplicarán el control y las comunicaciones. Entonces, el estado podría elaborar
su estrategia de control basándose en las áreas seleccionadas y los recursos disponibles. Deberían tenerse en cuenta el tiempo,
la frecuencia y la visibilidad de las iniciativas de control. También es importante para un estado elaborar tácticas de control
viables que cubran qué departamentos estarán involucrados y los métodos utilizados para identificar y parar a los automovilistas
peligrosos. El objetivo del control de TACT es aumentar la disuasión de conductas peligrosas cuando los vehículos de pasajeros
(PV) y los vehículos CMV comparten las carreteras. Para lograr esto, las tareas de control del programa TACT deben ser lo
más vigorosas y visibles posible. El impacto del control del programa TACT se verá afectado por la selección del área de control,
does the rule change part 385, Safety Fitness Procedures?
final rule adds a new type of safety assessment, the roadability review. A roadability review is an on-site examination of
an IEP’s inspection, repair, and maintenance operation and records to determine compliance with applicable Federal Motor Carrier
Safety Regulations (i.e., parts 390, 393, and 396). The Agency will conduct roadability reviews to evaluate the safety and
regulatory compliance status of IEPs.
What happens after a formal hearing is requested?
Assistant Administrator will determine whether there is a factual issue appropriate for a hearing, otherwise known as an issue
of material fact. Claimant’s counsel will have the opportunity to object to a hearing within 60 days of the date you serve
your reply. If Claimant‘s counsel objects to your request for hearing, it must submit a Motion for Final Agency Order along
with supporting evidence. Claimant must explain why there are no issues of material fact in dispute and why a hearing is
unnecessary to render a decision on whether the respondent committed the violations alleged in the NOC.
You may file
a response to the Field Administrator’s Motion for Final Agency Order within 45 days of the Field Administrator’s motion.
Your response should state why Claimant’s motion should be denied. If the Assistant Administrator decides that a hearing
is appropriate in your case, the matter will be referred to an ALJ within the Department of Transportation for a formal hearing.
Hearings before an ALJ are described in detail in Part
386, and largely mirror proceedings in civil court.
Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA? (§
A motor carrier provides any false or misleading information on its application
(Form MCS—150B) or as part of updated information it is providing on Form MCS—150B (see § 385.405(d)).
What does the bus company’s percentile
in a given BASIC mean?
Behavior Analysis and Safety Improvement Categories (BASIC)
percentiles range between 0 (best) and 100 (worst) and are calculated for companies with sufficient data related to each BASIC.
Within each BASIC, a percentile is assigned from 0 to 100 based on the company's safety compliance. For example, a percentile
value of 95 means that the company performed WORSE than 95% of the companies in the same safety event group. Safety event
groups are based on the company’s number of safety events (e.g. inspections and violations). This grouping allows SMS to
handle a widely diverse population of commercial bus companies while ensuring that similarly situated companies are treated
with the same standards.
is a “covered farm vehicle” (CFV)?
As defined in § 390.5, a “covered farm vehicle”
- Travels in the State in which the vehicle is registered or in another State,
- Is operated by
an owner or operator of a farm or ranch, or by a family member or employee of the owner or operator,
agricultural commodities, livestock, machinery or supplies to or from a farm or ranch,
- Has a license plate
or some other means specified by the State that identifies it as a farm vehicle,
- Is not used in for-hire
motor carrier operations (but for-hire operations do not include use of a vehicle owned and operated by a tenant farmer to
transport the landlord’s portion of the crops under a crop-share agreement),
- [From § 390.39] Is not transporting
hazardous materials that require placarding, and
- Has a GVW or GVWR (whichever is greater) of 26,001 or less, in which case the CFV exemptions in § 390.39 apply anywhere
in the United States, or
- Has a GVW or GVWR (whichever is greater) of more than 26,001 pounds and travels
within the State where it is registered or, if traveling out of the State where it is registered, stays within a 150 air miles
of the owner or operator’s farm or ranch.
documents must I register with the FMCSA to operate in interstate commerce?
general, you need to submit a Motor Carrier Identification Report (MCS-150) for a DOT number and (if operating as a “for-hire”
carrier), an application for operating authority (OP-1 series — MC number). Go to the “Register With Help” web site for a
detailed description of the appropriate applications on how to register as a commercial motor carrier with FMCSA: http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm
download the appropriate form, go to: http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm
abuse professional (SAP) evaluation:
Can employers or drivers seek a second SAP evaluation if they disagree with the
first SAP’s recommendations?
No. As an employee with a U.S. Department of Transportation
(DOT) drug and alcohol regulation violation, when you have been evaluated by a DOT-qualified SAP, you must not seek a second
SAP’s evaluation in order to obtain another recommendation. As an employer, you must not seek a second SAP’s evaluation if
the employee has already been evaluated by a qualified SAP. If the employee, contrary to requirements, has obtained a second
SAP evaluation, as an employer you may not rely on the second SAP’s evaluation. [See 49
Can a driver who tested positive and completed the return-to-duty process change
employers before the follow-up testing is completed?
Yes, but the new employer
must continue the follow-up testing plan. The requirements of the substance abuse professional’s (SAP) follow-up testing
plan “follow the employee” to subsequent employers or through breaks in service. [See examples in 49
an intrastate motor carrier of non-hazardous materials. My cargo or vehicle NEVER leaves the state in which I am registered.
Do I need a USDOT number?
The answer varies from state to state. To determine if
an intrastate carrier needs a USDOT number, contact one of the following:
- The FMCSA field office in your state: FMCSA Field Roster
- Your State Department of Motor Vehicles’ office of vehicle registration
sections of the Federal Motor Carrier Safety Regulations (FMCSRs) do not apply to a “covered farm vehicle” (CFV) and its operator?
“covered farm vehicle” (CFV) and its operator are exempt from the following:
- Part 382 (Controlled Substances and Alcohol
Use and Testing)
- Part 383 (Commercial Driver’s License Standards; Requirements and Penalties)
391 (Subpart E - Physical Qualifications and Examinations)
- Part 395 (Hours of Service of Drivers)
396 (Inspection, Repair, and Maintenance)
What does it mean if the company has a particular BASIC status of “inconclusive” or “insufficient
“Inconclusive" indicates that the company has enough inspections to potentially
be assessed in a BASIC, but has a lack of violations to indicate a recent pattern of safety problems in a BASIC. "Insufficient
Data" means that the company does not have enough inspections to be assessed in a BASIC. For more information, visit http://ai.fmcsa.dot.gov/SMS/InfoCenter/Default.aspx#question14.
What if the parties reach a settlement?
are encouraged to negotiate towards a settlement. If you and the Field Administrator’s office are able to reach a settlement
regarding the amount of the civil penalty to be paid, the time to pay the settlement, and any other terms, a written agreement
should be signed by both you and the Field Administrator. The agreement must contain the statutory basis for the claim, a
brief statement of the violation, the date, time and place of payment, and a statement that the agreement is not binding until
it is signed by the Field Administrator. Settlement agreements may contain agreed conditions and actions to redress the
violations cited in the NOC. If you agree to a settlement before the NOC is being considered by the Assistant Administrator
or the ALJ, no additional approval of the agreement is required. The agreement becomes the Final Agency Order in the case
when it is signed by the Field Administrator. If you reach settlement after the claim is before the Assistant Administrator
or an ALJ, the settlement will be filed with the decisionmaker. It must be approved by the decisionmaker in order for the
agreement to become the Final Agency Order in the proceeding.
How does the rule change part 386, Rules of Practice?
The final rule makes part 386 applicable to IEPs subject to inspection, repair,
and maintenance requirements. FMCSA has the legal authority to place IEPs out-of-service if they tender IME that poses an
imminent hazard to safety. An “imminent hazard” involves a violation of certain laws and regulations involving a “vehicle,
employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if
not discontinued immediately.”
pueden los estados realizar actividades de alcance comunitario más sostenidas?
alcance comunitario sostenido no debe confundirse con campañas basadas en eventos, las cuales conllevan intervenciones relativamente
breves. Las campañas anuales de corta duración pueden ser altamente eficaces para llegar a las audiencias de destino con un
costo local asequible. Tanto la frecuencia de estas intervenciones limitadas como las actividades de comunicación incluidas
deberían elegirse a nivel local pero considerando plenamente campañas de apoyo o en competencia. Si un estado desea lograr
un alcance más sostenido dentro de la comunidad, debería considerar:
- Movilizar recursos por medio de asociaciones
con el sector de autotransportes
- Obtener un alto nivel de apoyo político
- Trabajar con organizaciones comunitarias
que ejerzan influencia en las audiencias de destino
How can States do more sustained outreach?
should not be confused with event-based campaigns, which involve relatively brief interventions. Annual campaigns of short
duration can be highly effective in reaching target audiences at an affordable local cost. Both the frequency of these limited
interventions and the communication activities included should be chosen locally but with full consideration of supporting
or competing national campaigns. If a State wants more sustained outreach, it should consider:
- Mobilizing resources through industry partnerships
- Obtaining a high level of political support
- Working with community-based organizations that influence target audiences
can I obtain information about Federal safety regulations and interpretations?
What will the
FMCSA do after the agency receives my request for a waiver?
After the application
is complete, The FMCSA will review the request and make a recommendation to the Administrator. The final decision whether
to grant or deny the application for waiver is made by the Administrator.
What are the recordkeeping requirements for a driver who is utilizing either the 100 or non-CDL, as
defined in Part 383, 150 air-mile radius provisions?
Under both provisions,
a driver may use time records in lieu of RODS.
When do I need to have my HM Safety Permit?
1, 2005, registered motor carriers that are required to have an HM Safety Permit must apply for it before their next biennial
update (filing the MCS-150) is due. A motor carrier that has not filed an MCS-150 form prior to January 1, 2005 must hold
an HM Safety Permit or a Temporary HM Safety Permit before transporting hazardous materials (HM).
May a Mexican carrier operate in
the U.S. with a copy of the completed OP-2 application in the vehicle?
carrier may choose to carry a copy of his completed application on board the vehicle, but this does not comply with the regulatory
requirement. The requirement is for the carrier to have on board the vehicle, a copy of the Certificate of Registration (commercial
happens if my Operating Authority application is dismissed?
If your Operating Authority
application has been dismissed by FMCSA, it is because the process of obtaining authority was not completed and your Operating
Authority was never granted. Either the carrier was missing Insurance/Bond information or processing agent information. You
must contact the FMCSA Headquarters Office in D.C for further help on finishing the process at 202-366-9805.
Once I submit my application, can
I begin operating in the U.S.?
No, you must wait until you receive the Certificate
of Registration for commercial zone operations or an Operating Authority for operations beyond the commercial zone. Until
such documentation is issued, you may not operate. All commercial zone carriers must carry a copy of the Certificate of Registration
in each and every vehicle when crossing into the U.S.
Is Anhydrous Ammonia covered under the HM Safety Permit Program?
Even though Anhydrous Ammonia is regulated domestically as a non-flammable gas, Anhydrous Ammonia still meets the definition
of a toxic by inhalation material Hazard Zone D and is covered when transported in a packaging having a capacity greater than
13,248 L (3,500 gallons).
drivers who work split shifts take advantage of the short-haul operations provisions found in Part § 395.1(e)?
For property-drivers, the concept of "split shifts" is no longer relevant due
to the limitations of the 14-hour rule. The provisions in § 395.1(e) only provide an exception to the RODS requirements. Generally,
they do not exempt the driver from any requirements of the HOS rules.
100 air-mile radius driver - A driver may go on- and off-duty multiple times during a duty tour, after completing at least
10 hours off duty, but the total of all on- and off-duty time accumulates toward their 12 hours. Once a driver is on duty
more than 12 hours they no longer meet the 100 air-mile radius exemption.
Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license - A driver may go
on- and off-duty multiple times during a duty tour, but the total of all on- and off-duty time accumulates towards the 14-
or 16-hour time limit, whichever is applicable at the time, until the driver has a period of 10 or more consecutive hours
Prior Regulatory Guidance (§ 395.1 Question 19) on this subject no longer applies to property-carrying drivers.
is the Federal Motor Carrier Safety Administration's official Web site address?
http://www.fmcsa.dot.gov (English) or http://www.fmcsa.dot.gov/spanish (Spanish)
What do I need
to do to reinstate my Operating Authority (make my MC Number active)?
reinstate your Operating Authority by requesting reinstatement of the authority and paying the $80 fee. This can be done over
the Internet at https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option
and paying with a credit card. If you do not have access to the Internet, you may send a written request for reinstatement
of the Operating Authority, listing the " MC " number, the legal name
of the carrier, and include an $80.00 fee by check, money order or credit card payable to FMCSA. The mailing address for a
check or money order is FMCSA, P. 0. Box 70935, Charlotte, NC 28272-0935, overnight address is QLP Wholesale Lockbox NC0810,
Lockbox #70935, 1525 West WT Harris Blvd, Charlotte, NC 28262.br>You must make sure your insurance company files the BMC-91
or 91X and/or BMC-34 (if necessary) to meet the proof of insurance requirement. You must also be certain that you have a valid
Designation of Process Agents (BOC-3) filing in effect. Your Operating Authority will not be reactivated until updated insurance
filings have been received and accepted. You will receive a Reinstatement notification from the FMCSA after the Operating
Authority has been reinstated.
Who signs the medical certificate?
The Medical Examiner
who performs the medical examination must sign the Medical Certificate.
Will FMCSA direct some national media attention to the TACT program to generate earned media for States?
could be possible. As a proactive measure, FMCSA and the TACT States could work together to have a “hook” to get the media
interested as it takes a lot to get media involved. Also, to respond to a highly visible crash that brings national attention,
FMCSA and TACT States could be ready with an appropriate TACT message. This could be a project that the TACT State Peer Exchange
Network (T-SPEN) could spearhead.
la FMCSA parte de la atención de los medios de comunicación nacionales hacia el programa TACT para generar medios ganados
para los estados?
Podría suceder. Como medida proactiva, la FMCSA y los estados
con programas TACT podrían colaborar por medio de la Red de Intercambio Estatal de Colegas de TACT (T-SPEN) para generar un
“señuelo” lo suficientemente potente como para atraer a los medios de comunicación. Además, para responder a un accidente
de alta visibilidad que reciba atención a nivel nacional, FMCSA y los estados con programas TACT deberían estar preparados
con el mensaje TACT apropiado. Esto podría ser un proyecto encabezado por la Red de Intercambio Estatal de Colegas (T-SPEN).
does the rule change part 390, Federal Motor Carrier Safety Regulations,
The final rule makes IEPs subject to many of the same vehicle and equipment
safety regulations that apply to motor carriers. An IEP must:
- Identify its operations to the FMCSA by filing the Form MCS-150C.
- Mark its IME with the USDOT number, as required by § 390.21, before tendering the equipment to a motor carrier.
- Systematically inspect, repair, and maintain all IME intended for interchange with a motor carrier.
- Ensure that IME intended for interchange with motor carriers is in safe and proper operating condition.
- Maintain a system of driver vehicle inspection reports submitted to the IEP as required by § 396.11.
- Maintain a system of inspection, repair, and maintenance records for equipment intended for interchange with a motor
- Periodically inspect IME intended for interchange.
- At facilities at which the IEP makes IME available for interchange, have procedures in place and provide sufficient space
for drivers to perform a pre-trip inspection of tendered IME.
- At facilities at which the IEP makes IME available for interchange, develop and implement procedures to repair any equipment
damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver’s
departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies.
- Refrain from placing IME in service on the public highways if that equipment has been found to pose an imminent hazard,
as defined in § 386.72(b)(1).
do I get information relevant to the NOC to submit as evidence?
To receive copies
of the evidence collected during the investigation, you may submit a request to the Service Center at the address in the NOC.
Additionally, the Rules of Practice provide for discovery much like the process in civil court cases. That process can be
found in section 386.37 of FMCSA’s Rules
of Practice. You may not seek discovery until the claim is before the Assistant Administrator or the ALJ. Until the case
is before the decision maker, however, you may request information informally from Claimant’s counsel.
I have found consumer information
about bus companies on other search engines. Is the SaferBus app the same as these?
search engines are a good source of information for comments from bus users about their personal experience with the company
and related information. Instead of consumer information, the SaferBus app uses safety enforcement information from violations,
inspections and investigations reported by state law enforcement.
Are there overlapping exemptions available for the operation of some commercial motor vehicles for
Although prior statutory exemptions involving agriculture
are unchanged, some of these exemptions overlap with the new MAP-21 provisions. In these cases, regulated entities will be
able to choose the exemption, or set of exemptions, under which to operate. They must, however, comply fully with the terms
of each exemption they claim. The potentially overlapping provisions are in Parts 383, 391, and 395.
What is the difference between interstate
commerce and intrastate commerce?
If you perform trade, traffic, or transportation
exclusively in your business’s domicile state, this is considered intrastate commerce. If your trade, traffic, or transportation
is between a place in a state and a place outside of such state (including a place outside of the United States); between
two places in a state through another state or a place outside of the United States; or between two places in a state as part
of trade, traffic, or transportation originating or terminating outside the state or the United States, this is considered
interstate commerce. Source: 49 CFR 390.5.
is the cost for obtaining operating authority (MC number)?
Each individual Operating
Authority is $300. Separate filing fees must be submitted with the application at the time of processing for each Authority
sought. For instance, requests for Passenger Authority and Household Goods Authority will require two $300 fees ($600). Payments
can be combined. If both authorities are the same type (like common and contract carrier authorities for property), there
is only one fee. FILING FEES ARE NON-REFUNDABLE.
You can file for the following operating authorities with
the OP-1 Application For Motor Property Carrier and Broker Authority (definitions can be found in 49
- Motor Common Carrier of Property except Household Goods
- Motor Contract Carrier of Property except Household Goods
- Motor Common Carrier of Household Goods
- Motor Contract Carrier of Household Goods
- Broker of Property except Household Goods
- United States-based Enterprise Carrier of International Cargo (except Household Goods)
- United States-based Enterprise Carrier of International Household Goods
- United States-based Enterprise Owned or Controlled by Persons of Mexico Providing Truck Services for the Transportation
of International Household Goods
- OP-1(FF) — Application for Freight Forwarder Authority
- OP-1(P) — Application for Motor Passenger Carrier Authority
- OP-1(MX) — Application to Register Mexico-based Carriers for Motor Authority to Operate Beyond U.S. Municipalities and
Commercial Zones on the U.S.-Mexico Border
- OP-2 — Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers
under 49 U.S.C. 1302
does this rule affect provisions related to commercial driver’s licenses (CDLs)?
new § 383.3(h), the CDL regulations in Part 383 do not apply to the operator of a covered farm vehicle (CFV) as defined in
§ 390.5. Note that a CFV cannot be transporting hazardous materials in quantifies that require placarding. Operators of
such vehicles would be subject to the Part 383 CDL regulations.
I am having difficulty with technical aspects of the SaferBus app. Where should I go for help?
send an email to SaferBus@dot.gov.
What happens at a formal hearing?
After an ALJ is appointed,
he or she will set a time and place for a formal hearing. Evidence presented at the hearing is admitted or excluded under
the Federal Rules of Evidence. The burden of proof is on Claimant in the hearing. The hearing will be recorded by a stenographer.
does the rule change part 392, Driving of Commercial Motor Vehicles?
The rule adds an inspection requirement for drivers. Drivers preparing to transport
IME must make an inspection of the following components, and must be satisfied they are in good working order before the equipment
is operated over the road. Drivers who operate the equipment over the road are deemed to have confirmed that the following
components were in good working order when the driver accepted the equipment.
- Service brake components that are readily
visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and
trailer brake connections;
- Lighting devices and reflectors;
- Coupling devices;
or support frames;
- Tie down bolsters;
- Locking pins, clevises, clamps, or hooks; and
- Sliders or sliding
la FMCSA parte de la atención de los medios de comunicación nacionales hacia el programa TACT para generar medios ganados
para los estados?
Podría suceder. La FMCSA y los estados con programas TACT podrían
colaborar por medio de la Red de Intercambio Estatal de Colegas de TACT (T-SPEN) para generar un “señuelo” lo suficientemente
potente como para atraer a los medios de comunicación. También por medio de T-SPEN, la FMCSA y los estados con programas TACT
deberían estar preparados con la estrategia apropiada para los medios de comunicación y las respuestas a consultas a utilizar
en caso de un accidente de alta visibilidad entre vehículos comerciales (CMV) y de pasajeros (PV) que reciba atención a nivel
FMCSA direct some national media attention to the TACT program to generate earned media for States?
This could be possible. FMCSA and the TACT States could work together through the TACT State Peer Exchange Network (T-SPEN)
to generate a sufficiently powerful “hook” to interest the media. Also through T-SPEN, FMCSA and TACT States should be prepared
with an appropriate media strategy and responses to queries to use in the event of a highly visible commercial motor vehicle
(CMV) and passenger vehicle (PV) crash that receives national attention.
Who is required to have a copy of the Medical Certificate?
the Medical Examiner to give a copy of the medical certificate to the driver and the motor carrier(employer), if the driver
passes the medical examination.
What forms do I complete to become a broker?
means a person who, for compensation, arranges, or offers to arrange the transportation of property utilizing authorized for-hire
carriers to provide the actual truck transportation. Brokers never take possession of the cargo.
Brokers must register with the FMCSA by filing the OP-1 Application for Motor Property Carrier and Broker Authority. After
the MC Number has been assigned, to complete the application process, Brokers must also file:
Proof of Insurance Coverage:
A Surety Bond or Trust Fund Agreement in the amount of $10,000 and a BOC-3 Form, Designation of Process Agent Form before
Operating Authority will be granted.
Application Processing Fee: $300 (non-refundable).
Time: Approximately 4-6 weeks.
You can file for this Authority or download a copy of the application on the Internet at
http://safer.fmcsa.dot.gov . You also can call our toll-free number at 1-800-832-5660 and request a copy be mailed or
faxed to you.
can I locate the nearest field office?
How does a driver
comply if during a 7-day period the driver operates some days under the 100 air-mile radius exception, some days under the
"non-CDL 150 air-mile radius" provision, and some days under neither?
The driver complies with the provisions of the 100 air-mile radius exception
or the non-CDL, as defined by Part 383, 150 air-mile radius provision if either of those are applicable for the entire duty
period (usually one day). For example, if a driver operates within the 100 air-mile radius for part of the day and then travels
outside the radius during the same duty period, the exception would not apply. The driver must remain under the conditions
of the exception for the entire duty period. Compliance may vary from one duty period to the next, depending on operating
circumstances. A driver operating under the 100 air-mile radius exception for one day and then outside the radius for the
second day would only be required to make a RODS for the second day.
Are shipments of LPG covered under the HM Safety Permit Program?
Only shipments of flammable gas containing at least 85% methane content are covered by the HM Safety Permit program.
Can a Mexican
company lease its equipment to another Mexican company?
Yes, one Mexican company
can lease its equipment to another Mexican company for operations in the United States. They would need to comply with the
leasing regulations in 49 CFR 376, Subpart B.
Can a U.S. company lease its equipment to a Mexican company?
Yes, there is no prohibition against a U.S. company leasing their equipment
to a Mexican company for operations in the United States. They would need to comply with the leasing regulations in 49 CFR
376, Subpart B. However, if this vehicle is going to be operated in Mexico, both companies need to verify the vehicle leasing
regulations in Mexico with the Secretaría de Comunicaciones y Transportes (SCT).
Do the permitting requirements apply to materials that have subsidiary
hazards that come under the materials list, even if their primary hazard does not? Example: A Flammable Liquid, Class 3, is
a subsidiary poison inhalation hazard.
Materials poisonous by inhalation that
meet the definitions in 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.
How would you summarize the 100 air-mile radius HOS provision in § 395.1(e)(1)?
100 air-mile radius exception in Part § 395.1(e)(1) is an option to use time records in lieu of RODS on days when
the driver meets the conditions of the exception, which are:
- The driver operates within a 100 air-mile ( 115 statute miles) radius of the normal work reporting location, and
- The driver returns to the work reporting location and is released from duty within 12 consecutive hours, and
- The driver maintains time records as specified in the rule, and
- The driver is not covered by the "non-CDL 150 air-mile radius" provision.
are the diagnosis and treatment of hypertension important?
These criteria are
important because there is strong prospective, randomized clinical-trial evidence that hypertension markedly increases the
risk of cardiovascular disease and that effective treatment reduces cardiovascular morbidity and mortality. To be certified
to drive, the driver should have ongoing hypertension management and be free of side effects that may impair safe driving.
Why doesn't my
Broker MC Number appear on the web site at http://safer.fmcsa.dot.gov?
Because that is an MC Number for a Broker and Brokers are not listed on the Internet
site at http://safer.fmcsa.dot.gov since they are not assigned USDOT Numbers.
However, MC Numbers for Brokers will appear on our Internet site at http://li-public.fmcsa.dot.gov.
Should road signs be permanent or temporary?
strategy for sign deployment will depend on resource availability and evaluation findings. That is why it is advisable for
a representative from the State’s highway department with knowledge and authority in sign approvals to be included on the
TACT Steering Committee. Signs can be scheduled to remain up in the intervention corridors only for the duration of the campaign
or a State may choose to make them permanent. It is important to make sure that a sign’s construction is consistent with
its intended life so that it remains effective and presentable. After the TACT project is over, the State has the option
of leaving the signs in place, removing them or transferring them to another location. States may wish to “institutionalize”
the signs as part of ongoing safety activities.
Deberían ser las señales de carretera permanentes o temporales?
estrategia para la creación de señales dependerá de la disponibilidad de recursos y los resultados de las evaluaciones. Por
eso es aconsejable que un representante del departamento de autorrutas del estado que posea el conocimiento y la autoridad
en aprobaciones de señales forme parte del Comité de Liderazgo de TACT. Puede planearse que las señales permanezcan en los
corredores de intervención solamente durante la campaña o el estado puede decidir ponerlas permanentemente. Es importante
asegurarse de que la construcción de una señal sea consistente con el tiempo de vida útil programado para la misma de manera
que continúe siendo eficaz y presentable. Después de haber terminado el proyecto TACT, el estado tiene la opción de dejar
las señales en su lugar, retirarlas o transferirlas a otro lugar. Los estados pueden optar por "institucionalizar" las señales
como parte de actividades de seguridad continuadas.
How does the rule change part 393, Parts and Accessories
Necessary for Safe Operation?
Part 393 is 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 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.
Will the Administrative Law Judge decide my case at the end of the hearing?
ALJ will request that each party submit proposed findings of fact, conclusions of law and support therefor within a set period
of time after the hearing. The ALJ will issue an initial decision, which will become final after 45 days unless one of the
parties makes a motion or petitions for review.
Who should I contact if I have further questions?
regarding intrastate regulations, contact the primary CMV safety enforcement Agency in the relevant State. This is
usually a division of the State Police, Highway Patrol, Department of Public Safety, or Department of Transportation.
interstate questions, contact FMCSA’s nearest Division Office (one or more are located in each State). Contact information
for these offices is available at www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.aspx.
What is the definition
of an authorized for-hire carrier?
An authorized for-hire motor carrier transports
passengers, regulated property or household goods owned by others for compensation. If you are a for-hire carrier, in addition
to the USDOT number you will also need to obtain operating authority (MC number).
are the definitions of common, contract, and broker authorities and freight forwarders?
- Common carriers provide for-hire truck transportation to the general public. Common carriers must file bodily injury and
property damage (BI&PD) liability insurance but are not required to file cargo insurance
- Contract carriers provide for-hire truck transportation to specific, individual shippers based on contracts. Carriers
must file liability (BI&PD) insurance but are not required to file cargo insurance
- Both common and contract motor carriers of household goods are required to file liability (BI&PD) insurance and cargo
- A broker is a person or an entity which arranges for the transportation of property by a motor carrier for compensation.
A broker does not transport the property and does not assume responsibility for the property
- A freight forwarder is a person or entity which holds itself out to the general public to provide transportation of property
for compensation and in the ordinary course of its business:
- Assembles and consolidates, or provides for assembling and consolidating, shipments and performs break-bulk and distribution
operations of the shipments
- Assumes responsibility for the transportation from the place of receipt to the place of destination
- Uses for any part of the transportation a rail, motor or water carrier subject to the jurisdiction of either FMCSA or
the Surface Transportation Board
I appeal from an initial decision of the Administrative Law Judge?
Yes. You and
Claimant may file petitions for review with the Assistant Administrator within 45 days of an initial decision by an ALJ.
Any petition must provide detailed reasons for your objection or Claimant’s objection to the decision. Failure to object
to any error in the petition waives either party’s right to object to that error later. Your reply brief to the petition
and Claimant’s reply brief will be due 30 days after the petition for review is filed. The Assistant Administrator may set
aside, adopt or modify the original findings. The Assistant Administrator will then enter a Final Agency Order and serve
the order on the parties. You can file a petition for rehearing if the Final Agency Order is adverse. If you lose your case,
you can also appeal the order to the United States Court of Appeals.
How does the rule change part 396, Inspection,
Repair, and Maintenance?
The rule revises part 396 to make it applicable to IEPs,
in addition to motor carriers. The final rule adds a new section on driver vehicle-inspection reports and systems for reporting
damage, defects, or deficiencies in the IME.
la restricción actual de MCSAP para permitir la compra de tiempo de anuncios televisivos?
la FMCSA no tiene autorización para comprar tiempo de anuncios televisivos a pesar de que la legislación actual otorgue esta
autoridad a la Administración Nacional de Seguridad del Tráfico en las Carreteras (NHTSA). Se espera que el Congreso cambie
esto en el futuro. Cabe destacar que la compra de tiempo de anuncios televisivos puede no ser el método de comunicación más
eficaz para los programas TACT puesto que la televisión no llega a la gente cuando están conduciendo en las autorrutas. Pueden
comprarse espacios en otros medios de comunicación, como en la radio, señales y pancartas de carretera, que pueden resultar
más apropiados porque pueden ser vistos o escuchados al conducir. Además, gran parte de la cobertura televisiva puede adquirirse
por medio de noticias y cobertura de eventos de TACT.
Will the current MCSAP restriction be changed to enable the purchase of TV airtime?
does not currently have the authority to purchase TV airtime even though current legislation gives the National Highway Traffic
Safety Administration (NHTSA) this authority. It is hoped that Congress will change
this in the future. It is important to note that purchased TV air time might not be the most effective communication method
for TACT programs as TV does not reach people when they are on the highway. Other media that can be purchased, such as radio,
road signs and billboards, may be more appropriate since they can be seen or heard when driving. Also, much TV coverage can
be earned through news stories and coverage of TACT events.
Is Narcolepsy disqualifying?
The guidelines recommend
disqualifying a CMV driver with a diagnosis of Narcolepsy, regardless of treatment because of the likelihood of excessive
I get my own Operating Authority (active MC Number), can I lease my services to a for-hire carrier with operating rights?
Yes, leasing is permissible if you comply with the requirements under Section
a "100 air-mile radius" driver utilize the "16-hour duty period" exception in Part § 395.1(o)?
A driver normally operating under the 100 air-mile radius exception in § 395.1(e) may also meet the requirements in § 395.1(o)
enabling the driver to have one period of 16 hours on-duty each week (or after a 34-hour restart). However, on the day in
which the 16-hour exception is utilized, the driver would not meet the 12-hour duty-period requirement of the 100 air-mile
radius exception and would therefore be required to make a RODS for that day.
a Mexican carrier lease its equipment to a U.S. company?
A Mexico-domiciled motor carrier may lease its equipment to a U.S. motor carrier
only for operations within the commercial zones, provided the carrier complies with the leasing requirements found in 49 CFR
Part 376. A copy of the lease must be carried on the vehicle. A Mexico-domiciled motor carrier may not lease its equipment
to a U.S. motor carrier for operations beyond the commercial zones. Any Mexico-domiciled motor carrier who enters into such
a lease for operations beyond the commercial zones is subject to penalties, including out of service orders.
My certificate of registration says
I can carry exempt commodities. What are exempt commodities?
In general, exempt
commodities are things that have not been processed in any way such as fresh produce. There is a partial list of non-exempt
commodities in 49 CFR 372.115. There is an additional list of exempt and non-exempt commodities in Administrative Rule 119,
which can be found on our website: http://www.fmcsa.dot.gov/pdfs/adminrule.pdf
What drivers are
covered by the Non-CDL 150 air-mile radius provision?
Operators of property-carrying commercial motor vehicles not requiring a CDL,
as defined in Part 383, may be covered by the Non-CDL 150 air-mile radius provision. Note that the applicability depends on
the type of vehicle being driven, not whether the operator possesses a CDL.
Now that I have determined that I will be operating in interstate commerce, what do I need to do to
A USDOT Number is required if you have:
- vehicles that are over 10,000 lbs,
- if you transport between 9 and 15 passengers (including the driver) for compensation,
- if you transport 16 or more passengers, or
- haul hazardous materials in interstate commerce.
There is no application fee ever associated with the U.S. DOT Number. You must complete the MCS-150 (Motor Carrier Identification
Report) to obtain a USDOT Number. The form can be found on our web site at http://safer.fmcsa.dot.gov.
The MCS-150 can be completed on line or you can print out a copy of the form, complete and mail to the address indicated.
If you do not have access to the Internet, you can call our toll-free number at 1-800-832-5660 to have one mailed to you.
Generally, if you are operating as a "for-hire" motor carrier of regulated commodities or passengers in interstate commerce,
you must also obtain interstate Operating Authority (MC Number) unless your "for-hire" operation is limited to the transportation
of exempt commodities, or you operate within a commercial zone, exempt from the interstate Operating Authority rules. Information
about commercial zone exemptions may be found at 49 CFR 372.
Is Proteinuria disqualifying?
Depending on the amount,
protein in the urine (Proteinuria) may indicate significant renal disease. The Medical Examiner may certify, time limit, or
disqualify a commercial driver with Proteinuria. The decision is based on whether the examiner believes that Proteinuria may
adversely affect safe driving regardless of the examiner’s decision. The driver should be referred for follow-up.
should be made when selecting media markets?
The media markets for a TACT program
should be selected to cover as many drivers as possible who use the intervention corridors. In order for the media to enhance
the visibility of enforcement, its message must be received by the same drivers exposed to the police activity. As such,
the choice of intervention corridors and the selection of media markets are highly interrelated.
Qué aspectos deberían ser tenidos en cuenta cuando se seleccionan mercados
de medios de comunicación?
Los mercados de los medios de comunicación para un
programa TACT deberían seleccionarse para llegar a la mayor cantidad posible de automovilistas que utilizan los corredores
de intervención. Para que los medios de comunicación mejoren la visibilidad de las tareas de control, su mensaje debe ser
recibido por los mismos automovilistas expuestos a la actividad policial. La selección de corredores de intervención y la
selección de mercados de medios de comunicación están muy interrelacionadas.
Does the rule preempt State and local laws and regulations on the inspection, repair, and maintenance
In general, yes. Any State or local law, regulation, order, or other
requirement that exceeds or is inconsistent with this regulation is preempted. However, a State with an inconsistent chassis
inspection requirement in effect on January 1, 2005, may seek a determination of non-preemption as long as its application
is filed by June 17, 2009. The Administrator will issue a decision within 6 months after receiving the request. The request
may be granted if the Administrator decides that the State requirement is just as effective as this final rule and does not
unduly burden interstate commerce. If a State amends a regulation for which it previously received a determination of non-preemption,
it must make a separate application for the amended regulation. If a State does not seek a determination of non-preemption
before June 17, 2008, its inspection requirements are preempted on that date.
May I appeal a Final Agency Order from the Assistant Administrator?
You and Claimant may file petitions for reconsideration within 20 days of the Final Agency Order. The Assistant Administrator
will render a decision on a petition for reconsideration and you may appeal an adverse decision to the United States Court
is a private motor carrier?
A private motor carrier transports its own cargo, usually
as a part of a business that produces, uses, sells and/or buys the cargo that is being hauled. A private motor carrier transports
its own goods and is required to have a USDOT number but does not need operating authority (MC number).
is a private motor carrier of passengers (business) and what is a private motor carrier of passengers (non-business)?
motor carrier of passengers (business) means a private motor carrier engaged in the interstate transportation of passengers
which is provided in the furtherance of a commercial enterprise and is not available to the public at large.
motor carrier of passengers (nonbusiness) means private motor carrier involved in the interstate transportation of passengers
that does not otherwise meet the definition of a private motor carrier of passengers (business). (49
will happen if I do not comply with a Final Agency Order?
If you fail to comply
with the Final Agency Order, you may be prohibited from operating until the Agency receives full payment of the penalty, in
accordance with section 386.83 of the
Rules of Practice. The Agency may also refer the claim for collection. Additionally, FMCSA may prohibit you from operating
in interstate commerce and suspend your operating authority until you pay the civil penalty in full. Also, your case may
be referred to the Department of Justice, who may bring an action in civil court to enforce the terms of the final order or
collect the civil penalty.
this rule change the way roadside inspections are performed and documented?
The rule does not change
the methods used to perform roadside inspections, but it does 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 IEP is responsible for the 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.
aprobaciones necesitan los estados para los materiales de comunicaciones? ¿Tiene que aprobar la FMCSA el contenido?
estados tienen acceso al e-Toolkit de TACT para consultar las alternativas de contenido e imagen. Estas alternativas pueden
utilizarse sin requerir aprobación. Sin embargo, las señales de carretera pueden estar restringidas por el Manual de Dispositivos de Control de Tránsito Uniformes (MUTCD). Los estados deberían colaborar con sus
Gerentes de Programa de FMCSA para recibir asesoría y aprobaciones de nuevos materiales para el programa TACT.
What approvals do States need for
communications materials? Does content need sign-off by FMCSA?
States have access
to the TACT e-Toolkit for content and image alternatives.
These can be used without further approval. Road signs, however, may be subject to the limits in the Manual on Uniform Traffic Control Devices (MUTCD). States should work with their FMCSA Program Managers
for guidance and approvals of new materials for the TACT program.
How can I suspend or put my Operating Authority (MC Number) on hold?
regulations do not allow for voluntary suspension of Operating Authority; however, voluntary revocation of your Operating
Authority is allowed. To accomplish a voluntary revocation, you must (1) complete a Form OCE-46, Request for Revocation of
Registration; (2) have it notarized; and (3) mail it back to the FMCSA, Commercial Enforcement Division at 1200 New Jersey
Ave, SE, W63-105, Washington, D.C. 20590. Upon receipt of the form, the information will be coded into the system, and the
date that occurs is when your Operating Authority will be voluntarily revoked. The telephone number to request this form is
1-866-637-0635. The Operating Authority can be reinstated at any time in the future if you so desire by requesting reinstatement
of the authority and paying an $80 fee.
Who can serve as a Medical Examiner and perform DOT physical exams?
Motor Carrier Safety Regulations define Medical Examiner as a person who is licensed, certified and/or registered in accordance
with applicable State laws and regulations to perform physical examinations. The term includes but is not limited to doctors
of medicine, doctors of osteopathy, physician assistants, advanced practice nurses and doctors of chiropractic.
How would you
summarize the Non-CDL 150 air-mile radius provision in
Part § 395.1(e)(2)?
Drivers of non-CDL vehicles (those vehicles not requiring
a CDL, as defined in Part 383 to operate) who are operating within a 150 air-mile radius of their normal work reporting location
and return to their normal work reporting location at the end of their duty tour are now covered by separate HOS provisions.
Drivers meeting these conditions are not eligible for the existing 100 air-mile radius provision in § 395.1(e)(1) or
the current 16-hour exception in § 395.1(o), since those conflict with this new Non-CDL 150 air-mile radius provision.
These drivers are required to comply with the following:
(a) The 11 hours driving, minimum 10 hours off-duty, 14 consecutive hour duty period, 60/70 hours in 7/8 days, 34-hour
restart all apply.
(b) On any 2 days of every 7 consecutive days, the driver may extend the 14-hour duty period to 16 hours.
(c) There is no requirement that the driver be released from duty at the end of the 14- or 16-hour duty periods . The driver
may continue to perform non-driving duties, which would be counted against the 60/70 hour weekly limitation.
(d) Time records may be used in lieu of records of duty status.
the commercial zone 20 miles?
No, commercial zones are defined in 49 CFR 372,
Subpart B. 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 has a list of the border crossings
and associated commercial zones.
What happens if I operate without authority?
A number of things could happen if you operate without authority. Under 49
CFR 392.9a (b) requires that carriers operating without authority or beyond the scope of their authority can be put Out of
Service. A company operating without authority is also subject to fines.
May a driver be on duty for more than 14 consecutive hours?
Yes. A driver may remain on duty for more than 14 hours; however, the driver
of a property-carrying CMV cannot drive after the 14th hour after coming on duty. Also, the additional on-duty time will be
counted toward the 60/70-hour on-duty limit.
you transfer Operating Authority (MC Number) on the Web site?
applications can be faxed directly to you by calling 202-366-0643 from your fax machine. (Note: You must pick up the phone
on your fax machine, call 202-366-0643, listen for the prompt and hit the end/receive button and then hang up your phone.)
If you do not have a fax machine you may obtain a Transfer application by calling 202-366-9805, and one will be mailed to
a driver be qualified if he is taking Methadone?
No. CMV drivers taking Methadone
cannot be qualified.
is value assigned to earned media?
The value of “earned media” will vary from State
to State, depending on the relative costs associated with different media markets. Also, depending on a State’s specific
TACT Communications and Outreach plan, there will be differing "earned media" opportunities. All TACT programs are encouraged
to maximize "earned media" opportunities and be innovative in pursuing such options.
States may wish to develop an “Earned Media” checklist to inform and inspire other TACT States to pursue every relevant opportunity.
The checklist might include itemizing such things as the value of lines of editorial coverage in print media and the valuation
of a truck wrap. Comparisons between States may not be possible as the media market’s costs will vary so widely between States,
but a general comparison of what earned activities were pursued by each Sate could encourage other State’s to actively pursue
viable options. It is not possible to quantify the dollar value of all earned media. A rough dollar estimate can be generated
by identifying the equivalent purchase price of broadcast time, print space or web space. The benefit of earned media to
a TACT project is based on the extent to which it changes people’s awareness, knowledge and attitudes in the desired direction.
This is best measured by awareness surveys.
se asigna valor a los medios ganados?
El valor de los “medios ganados” variará
de un estado a otro, dependiendo de los costos relativos asociados con los diversos mercados de los medios de comunicación.
Además, dependiendo del plan específico de Comunicaciones y Alcance de TACT de un estado, habrá diferentes oportunidades de
"medios ganados". Se recomienda a todos los programas TACT a que maximicen sus oportunidades de conseguir espacios sin cargo
en los medios de comunicación y que sean innovadores en su búsqueda de opciones. Es posible que los estados opten por elaborar
una lista de “medios ganados” para informar e inspirar a otros estados de TACT a buscar todas las oportunidades relevantes.
La lista podría incluir puntos detallados tales como el valor de las líneas de cobertura editorial en prensa y la valoración
de carteles para recubrir camiones. Es posible que no se pueda realizar comparaciones entre estados porque los costos del
mercado de los medios de comunicación varían mucho de un estado a otro, pero una comparación general de las
How do you tell IME chassis from
other types of trailers?
To tell IME from other types of trailers:
- Look at the lower corners. Intermodal containers transported on IME have “twistlocks” at each lower corner to secure
them to the chassis.
- Look for the retroreflective tape. On van trailers, it is applied around the lower perimeter of the trailer walls.
On IME, the marking will be on the chassis itself, not on the container that is being transported.
- Look at the lower frame. Many types of IME have a large beam that runs along their length. You can see this beam under
the exterior floor of the container. Most types of van trailers do not have a large beam that you can see below the floor.
- Look at the information on the rear doors. A container is generally marked with several items of
information about the container’s capacity: maximum gross weight, tare weight, net weight, and cubic capacity. Dry van trailers
are rarely marked with information at this level of detail.
Should I hire an attorney?
You may represent yourself or
be represented by counsel or someone who is not an attorney. This person must file a notice of appearance with DOT Docket
Operations. A copy of the notice of appearance should also be served on the other parties. You should give serious consideration
to hiring an attorney because civil penalty matters can be complex.
What is an exempt for-hire (exempt commodities) motor carrier?
exempt for-hire motor carrier transports exempt (unregulated) property owned by others for compensation. The exempt commodities
usually include unprocessed or unmanufactured goods, fruits and vegetables, and other items of little or no value.
a partial listing of exempt and non-exempt commodities, please refer to Administrative
a contract carrier broker loads?
No. A contract carrier cannot broker loads without
first applying for and receiving a license to operate as a property broker.
this new rule apply to IEPs in Puerto Rico, the U.S. Virgin Islands, or other Territories?
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. The MCSAP States (including Puerto Rico and the
U.S. Virgin Islands) may delay the adoption of compatible regulations for up to three years after the effective date of the
rule, or June 17, 2012.
I have the right to a court-appointed attorney?
La definición de “medio ganado” es similar para todos los estados?
definición de medio ganado es universal. Su naturaleza y valor pueden variar de un estado a otro debido a las diferentes oportunidades
existentes. Se alienta a los programas TACT a maximizar el espacio obtenido sin cargo en los medios de comunicación, a ser
innovadores en sus opciones y a compartir sus experiencias con otros estados.
Is the “earned media” definition the same for every State?
definition of earned media is universal. Its nature and value may vary from State to State because of differing earned media
opportunities. All TACT programs are encouraged to maximize earned media, to be innovative in pursuing options and to share
their experiences with other States.
Can I apply for an exemption from the hypertension standard?
CMV driver may apply for an exemption from any of the standards. Exemptions are granted only in those instances where the
driver can show that safety would not be diminished by granting the exemption.
49 CFR 381.300
interstate Operating Authority (MC Number) with a business partner and would like to get my own MC Number and discontinue
my partnership with this person is that possible?
Yes. There are two options:
1) You may request a name change
for the existing MC Number by submitting a notarized letter requesting the partner be removed from the existing authority
along with a $14 name change
fee payable by check, money order, VISA or MASTERCARD. The partner being removed from the existing authority would then file
a new application along with the required fee to receive his or her own MC Number; or 2) If the partners cannot agree who
should keep the existing MC Number, they should both file a new application with the required fees and get new MC Numbers.
They should also request that the existing MC Number be voluntarily revoked.
If a carrier allows a driver to log mealtime or similar activities as
off-duty time, does that permit a driver to extend the 14-hour duty period?
No. Off-duty breaks during the day do not extend the workday to permit a driver
to drive after the 14th consecutive hour on duty. However, time logged as off duty is not counted in calculating a driver's
60/70-hour on-duty limit.
in the paper that the border was opened. Does this mean I can go anywhere in the U.S. that I want?
the land transportation provisions of NAFTA are implemented, you will be able to apply for an OP-1(MX) and receive authority
to perform transportation services throughout the United States.
I have been crossing the border for many years and have never needed an MX number, Certificate of
Registration or USDOT Number before. is this something new?
No. The MX number,
Certificate of Registration and USDOT Number has been in place since 1982.
What is a "duty tour" as the term is used in Part § 395.1(o)?
The 16-hour exemption in § 395.1(o) is designed for one-day "duty tours." The
duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period
begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours
off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and
sleeper berth time.
do I go to find out if a company has interstate Operating Authority (active MC Number)?
information can be obtained on our web site at http://li-public.fmcsa.dot.gov
under carrier search. If you do not have access to the internet, please call our toll free number at 800-832-5660 or call
our status line at 202-366-9805 between the hours of 8:00 a.m. to 5:00 p.m. eastern standard time.
if the certifying doctor is no longer available?
If the original Medical Examiner
is not available, the physician or Medical Examiner in the office may sign the replacement certificate. The advisory criteria
states that the original may be copied and given to the driver. Some physicians may require the driver to undergo a new physical
is “earned media” defined?
Earned media consists of information the TACT program
wants disseminated that is presented by media outlets without payment. One way media are “earned” is by doing something to
gather media attention such as holding a press conference, issuing a press release or conducting a public event to catalyze
the media to present the message. A second way to generate “earned media” is to request public service announcements (PSAs).
Media outlets (e.g., TV, radio, newspapers) give free time or space for these messages
Cómo se define el término “medio ganado”?
“medios ganados” descrito en los materiales de TACT como espacios sin cargo en los medios de comunicación incluyen información
que el programa TACT desea distribuir y es presentada por los medios de comunicación sin que reciban pago por ello. Una forma
de “ganar” espacio en los medios de comunicación es hacer algo que atraiga la atención de los mismos, como organizar una rueda
de prensa, emitir un comunicado de prensa, o realizar un evento público para catalizar los medios de comunicación a fin de
que presenten el mensaje. Otra forma de generar “medios ganados” es solicitar anuncios de servicio público (PSA). Los medios
de comunicación (ej.: televisión, radio, periódicos), dan tiempo o espacio gratis para estos mensajes.
Are FMCSA’s adjudications decisions
Yes. FMCSA adjudications
by the Assistant Administrator are available on the Chief Counsel’s website. Orders and decisions of the Assistant Administrator
and ALJs, as well as all other filing made in a case, are also available at http://www.regulations.gov.
Does an IEP located outside the United States need to mark IME that will be operated in the United
As a practical matter, any IEP that sends chassis into the 50 States
and the District of Columbia on or after June 17, 2009, will have to mark those chassis as required by the rule. Otherwise,
the motor carrier pulling the chassis/container combination would have violated these proposed regulations.
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.
Does FMCSA offer temporary operating authority?
operating authority is granted only for national disasters or emergency situations.
can I find out if my operating authority (active MC number) has been issued (granted)? Can I request a copy?
check whether your operating authority has been issued(granted), go to http://li-public.fmcsa.dot.gov
Normally, operating authority documents are sent out within 3-4 business days. If 10 or more business days have passed
since the grant date and you have not yet received the operating authority document, call 800-832-5660 between 8:00 a.m. and
8:00 p.m. Eastern Time for assistance.
- See bold heading “FMCSA Searches”
- Click on “Licensing & Insurance”
- Enter MC Number or USDOT Number in the appropriate box and click “search”
- Click “HTML”
- Scroll to bottom and click on “Authority History.” This page will display the granted date of the operating authority
information should I delete or conceal from documents I submit to FMCSA that relate to my NOC?
should make sure to delete or conceal any Personally Identifiable Information (PII) from documents you submit related to your
case. PII is defined as, “Information which can be used to distinguish or trace an individual's identity, such as his or
her name, social security number, biometric records, etc., alone, or when
combined with other personal or identifying information which is linked or linkable to a specific individual, such as date
and place of birth, mother’s maiden name, etc.” This will ensure that
PII is not entered into the docket, where it is publically available.
Although most foreign-based IEPs have U.S. agents, there may be cases where the equipment is actually
owned or leased by the foreign entity. May I may I enter a foreign address for the IEP on the Form MCS-150C?
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 rule 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.
Los costos de los medios de comunicación varían considerablemente en toda la nación y no pueden basarse
en el programa piloto TACT del Estado de Washington.Pueden tener los estados tiempo adicional para explorar los costos de
los medios locales?
El plazo de solicitud de subsidios es fijo. La determinación
de los costos de los medios locales y de las tareas de control, debería formar parte del proceso de pre-planificación. Estos
costos dependerán muy probablemente de los resultados de la identificación de problemas y selección de corredores. Cuanto
más tiempo se dedique a elaborar una propuesta de plan y presupuestos de TACT se tendrán mejores posibilidades. El especialista
en comunicaciones de su equipo debería estar familiarizado con los mercados locales de los medios de comunicación. La Administración
Federal de Seguridad de Autotransportes (FMCSA) puede ayudar también con ese proceso.
Media costs vary considerably across the country and cannot be modeled
on the Washington State TACT pilot program. Can States have additional time to explore local media costs?
grant application deadline is fixed. Determining local media and enforcement costs should be part of the pre-planning process.
These costs will likely depend on the results of problem identification and corridor selection. The more lead time put into
developing a proposed TACT plan and budgets, the better. The communications specialist on your team should be familiar with
the local media markets. The Federal Motor Carrier Safety Administration (FMCSA) can also assist with this process.
What do I need
to do to change the name
of my motor carrier operation?
You may change
the name of your operation only if there is no change
in the ownership, management or control of the company. The information can be changed on the Internet at http://safer.fmcsa.dot.gov
. Select Federal Motor Carrier Safety Administration; FMCSA Registration Applications; and Name
Change. There is a $14 fee for the name
change. (Note: If there is a change
in ownership, management or control of the company you must file a Transfer Application.)
If you would like to mail
your name change (legal
or trade name) and are paying with a check or money order, a letter must
be sent to the FMCSA at P. 0. Box 70935, Charlotte, NC 28272-0935, overnight address is Bank of America, Lockbox #530226,
1075 Loop Road, Atlanta, GA 30337. The letter must contain the current name
and the new name, and the statement that there is no change
in ownership, control, or management of the company. If you have incorporated, you must send a copy of the Articles of Incorporation.
If you prefer to put the fee on a credit card but do not have access to the Internet, you may mail your request to
FMCSA, Licensing Team, 1200 New Jersey Avenue SE, Washington, DC 20590. The letter must contain the current name
and the new name, and the statement that there is no change
in ownership, control, or management of the company. If you have incorporated, you must send a copy of the Articles of Incorporation.
a driver had a Myocardial Infarction (MI), followed by coronary artery bypass graft (CABG) several months ago, should he have
an ETT (exercise tolerance test) as recommended in the MI guidelines but not in the CABG guidelines?
Examiners should follow the most current clinical guidelines; therefore after an MI, drivers should obtain an ejection fraction
and ETT before returning to work and because of the CABG keeping the driver off work 3 months (not 2 as for MI) to allow time
for sternal wound healing.
a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?
stated in § 395.1(o) and current § 395.1 Interpretation Question 15, a driver having more than one work reporting location
could use the § 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of § 395.1(o)(1)
that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..."
A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless
he worked six days per week, and then the exception could only be used on the sixth day.
have two companies. One in the U.S. and one in Mexico. Which application do I need?
Both companies need their own authority. Although both companies may have the
same owners and corporate officers, they are considered to be separate companies located in different countries. The Mexico
domiciled carrier needs an OP-2 or OP-1(MX) application. The U.S. domiciled carrier or enterprise carrier must fill out the
standard OP-1 application. The Motor Carrier must pay the fee indicated on the application.
I have authority to operate in the commercial zone now, but I heard I
need to reapply, what form do I need and how do I get it?
If you company is based in Mexico and you wish to continue operating only in
the commercial zones, an application should have been submitted before the deadline, to avoid paying the fee. The deadline
to submit an OP-2, to renew a current Certificate of Registration was October 20, 2003. However, if you wish to change
from operating in the commercial zones to beyond the commercial zones you should file the OP1(MX) and pay the fee.
You should be aware however, that if you decide to file an OP-1(MX), and the land transportation provisions of the North
American Free Trade Agreement (NAFTA) are not implemented, you may lose your ability to renew your current Certificate of
Registration at no charge.
Mexico-domiciled carriers can obtain a copy of the application package:
(1)Through the mail by calling FMCSA's Information Line: (001-800-832-5660 from Mexico or 1-800-832-5660 from the U.S. or
Canada), (2) from any FMCSA Division office by requesting the OP-2 application package, or (3) through the FMCSA Web site
the "16 hour exception" is used, may sleeper berth periods or extended off-duty periods be included in the "duty tour?" How
does this affect team drivers?
The § 395.1(o) exception for property-carrying drivers is for drivers who return
to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use
of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before
returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour
exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.
Is Sleep Apnea
Drivers should be disqualified until the diagnosis of sleep apnea
has been ruled out or has been treated successfully. As a condition of continuing qualification, it is recommended that a
CMV driver agree to continue uninterrupted therapy such as CPAP, etc. / monitoring and undergo objective testing as required.
A driver with a diagnosis of (probable) sleep apnea or a driver who has Excessive Daytime Somnolence(EDS) should be temporarily
disqualified until the condition is either ruled out by objective testing or successfully treated.
Narcolepsy and sleep apnea account for about 70% of EDS. EDS lasting from a few days to a few weeks should not limit a
driver’s ability in the long run. However, persistent or chronic sleep disorders causing EDS can be a significant risk to
the driver and the public. The examiner should consider general certification criteria at the initial and follow-up examinations:
Severity and frequency of EDS
Presence or absence of warning of attacks
Possibility of sleep during driving
Degree of symptomatic relief with treatment
Compliance with treatment.
I keep the same MC Number if I change my name?
Will I get a new Certificate or Permit?
Yes, you will keep the same MC Number
if you change your name.
However, you will not receive a new Certificate or Permit, but you will receive a Re-entitlement Decision that should be attached
to your original Operating Authority.
What are the funding plans and how many States will be funded in future years of the TACT program?
is planning to maintain the same multi-million dollar level of funding and to continue to expand the number of States participating
in the program to ten by 2010.
son los planes de financiación y cuántos estados recibirán fondos en años sucesivos del programa TACT?
FMCSA tiene planes para mantener el mismo nivel de fondos de varios millones de dólares y de continuar expandiendo la cantidad
de estados participantes en el programa a diez estados para el año 2010.
Must a driver complete a written pre-trip inspection form for intermodal equipment?
§ 390.42(b) requires drivers to advise the intermodal equipment provider (IEP) of any damage, defects, or deficiencies found
during their pre-trip assessment, and § 390.40(i) requires the IEP to have procedures to repair the deficiencies that the
driver reports, the Federal Motor Carrier Safety Regulations (FMCSRs) do not require a written pre-trip inspection report.
IEPs and motor carriers may use a written or electronic pre-trip inspection form that does not conflict with
I operate outside of my base state now that I have applied for operating authority?
cannot transport regulated commodities in interstate commerce (for hire) until you have obtained operating authority
(certificate and/or permit) and received your single-state registration. The act of applying for operating authority is not
sufficient. You cannot operate until the certificate and/or permit has been issued.
If you are transporting exempt
commodities (see below) and have a USDOT number, you may operate as an exempt for-hire interstate motor carrier without an
MC number. You are still required to abide by your state regulations.
On our website you will find Administrative
Ruling No. 119, which is a guide to what is and is not exempt. The booklet no longer is in print, but the information
still is accurate. The list of exempt commodities changes, but this can be used as a general guide. A list of non-exempt commodities
can be found in the FMCSR in Section 372.115.
both for-hire and private motor carrier operations. Will I be able to operate once I get my USDOT number?
you have your USDOT number, you will be able to operate as a private motor carrier. You will not be able to operate as a for-hire
motor carrier until you have operating authority (an active MC number). There is a $300 fee for each operating authority requested. PLEASE MAKE SURE YOU APPLY FOR THE CORRECT TYPE OF MOTOR
CARRIER OPERATING AUTHORITY. THE $300 FILING FEE IS NON-REFUNDABLE.
To get an MC number you must complete the
appropriate motor carrier operating authority forms (OP-1 series) and submit them to FMCSA for processing.
does the rule refer to intermodal equipment and trailers, rather than by the common term "chassis?"
the underlying legislation is concerned primarily with intermodal chassis, it used the term "intermodal equipment," which
includes both trailers and chassis. We used the legislative language. Most intermodal containers are moved by chassis, but
some specialized types (such as tanks in frames) could be transported on drop-deck or other trailers. If such trailers are
tendered to transport intermodal containers, they are subject to the provisions of the rule.
Evolucionará TACT convirtiéndose en un programa para todo el estado y/o
para todo el año?
Un proyecto de demostración TACT implementado en su totalidad
está categorizado actualmente como un programa de 18 meses para crear y examinar técnicas de reducción de accidentes entre
CMV y PV. Si el enfoque de TACT continúa teniendo éxito, se espera que cada estado utilice los conocimientos adquiridos en
su programa de demostración TACT para estructurar un programa de seguridad continuado y amplio. La FMCSA desearía ver el incremento
de la cobertura de los programas TACT si el enfoque demuestra ser asequible. La FMCSA continuará financiando las implementaciones
de TACT si existen fondos disponibles.
Will TACT evolve into a statewide and/or year-round program?
fully implemented TACT demonstration project is currently positioned as an 18-month program to create and examine techniques
for reducing crashes between CMVs and PVs. If the TACT approach continues to be successful, it is hoped that each State will
use the lessons learned from its TACT demonstration program to structure an expanded ongoing safety program. FMCSA would
like to see TACT programs increase their coverage if the approach proves cost effective. FMCSA will continue to fund TACT
implementations if funding is available.
How do I change my address?
changes can be accomplished by going to our Internet site at http://safer.fmcsa.dot.gov . If you do
not have access to the Internet you may submit a letter to the FMCSA Licensing Division, 1200 New Jersey Avenue SE, Washington,
DC 20590 or fax to 202-366-3477. In your letter, please reference the MC Number and include the former and current addresses
and telephone numbers. The letter must be signed by the applicant or applicant's representative. The address change
will be updated for both the MC Number and the USDOT Number. No fee is required.
May I request reconsideration if I am found not qualified for a medical
The decision to qualify a driver to operate a CMV in interstate
commerce is the sole responsibility of the Medical Examiner. The driver may discuss the basis for the disqualification with
the Medical Examiner and explore options for reconsideration.
Does any period of 34 consecutive hours off-duty automatically restart the calculation of the 60/70-hour
Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour
authority to go beyond the commercial zone now, but I heard I need to reapply. What form do I need and how do I get it?
deadline to submit an OP-1(MX) to renew a current Operating Authority for operations beyond the commercial zone was November
4, 2003. The FMCSA may suspend or revoke the Operating Authority of any carrier that failed to meet this deadline.
Your current Operating Authority would remain valid until the FMCSA acts on your OP-1(MX) application.
Mexico-domiciled carriers can obtain a copy of the application package: (1) Through the mail by calling FMCSA's Information
Line: (001-800-832-5660 from Mexico or 1-800-832-5660 from the U.S. or Canada), (2) from any FMCSA Division office by requesting
the OP-1(MX) application package, or (3) through the FMCSA, Web site at: http://www.fmcsa.dot.gov/espanol/english/mcusBcz_index.htm.
for a maquila company. Am I a private carrier?
Generally the answer is no.
A maquila is a company that manufactures items. In the maquila industry, raw materials are sent to Mexico, they are made into
a final product, and then returned to the U.S. for distribution. The agreement is that nothing made in a maquila has been
imported into Mexico, therefore, it can’t be sold in Mexico. It must be exported back to the foreign owner.
Follow up questions must be asked of the carrier:
- Do you own the merchandise? Normally, the maquila owns only the labor. The merchandise is owned by a U.S. entity.
- Is the maquila actually the trucking company or are you contracted by the maquila? This is normally the situation - contract
carrier. It does not matter if the same person owns the maquila as owns the trucking company. They are usually separate and
distinct entities. Foreigners who are not Mexico citizens usually own the maquilas and non-Mexico citizens cannot own transportation
companies in Mexico.
a driver works at another job, unrelated to trucking, during his 34-hour off-duty restart period, and then begins a duty shift
for the trucking company, does the 34-hour restart provision apply?
compensated work for a person not a motor carrier is considered on-duty time, which would interrupt the 34-hour period.
Where may I obtain
an application for an epilepsy waiver?
A CMV driver may apply for an exemption
from any of the standards. Exemptions are granted only in those instances where the driver can show that safety would not
be diminished by granting the exemption.
49 CFR 381.300
trying to check on a safety rating where do I go?
If you have the MC Number,
USDOT Number, or name for search purposes, you can check on safety ratings
What are the requirements or recommended changes for States who are implementing
second-year TACT projects?
FMCSA does not require or specifically recommend changes
for a returning State’s TACT proposal, although innovation is encouraged. All States should continue to follow the Checklist
of Requirements for a TACT Proposal.
Cuáles son los requisitos o cambios recomendados para los estados que están implementando proyectos
TACT en su segundo año? 468
La FMCSA no requiere ni recomienda cambios específicos
para una segunda propuesta de TACT de un estado, si bien se fomentan las ideas innovadoras. Todos los estados deberían continuar
guiándose por la Lista de Verificación
de Requerimientos de TACT.
a motor carrier is transporting a van trailer that is controlled by a different motor carrier, and the van trailer has been
transported by rail during a part of an interstate trip, is the van trailer considered intermodal equipment?
Van trailers, flatbeds, tankers, and other types of trailers owned, leased, and maintained by motor carriers are not intermodal
equipment for purposes of this rule and are not subject to its requirements. Motor carriers are responsible for the systematic
inspection, repair, and maintenance of these commercial motor vehicles (CMVs).
Why was my operating authority application dismissed? How can I have it
If insurance and Form BOC-3 are not filed approximately 120 days
from the date of filing of the application, then the application will be dismissed. If the FMCSA has dismissed your application
for operating authority, it is because the process of obtaining authority was not completed and your operating authority was
To have your operating authority undismissed you must:
An undismissal request will be considered within one year from the dismissal
- Be in compliance
with insurance and Form BOC-3 requirements
- Fax a written request for undismissal to 202-366-3477, ATTN:
- Include the following information:
- Company MC number
- Statement requesting that your operating authority
are brokers not listed by MC numbers at the SAFER website, http://safer.fmcsa.dot.gov?
SAFER website displays information associated with an MC number only if it is linked to an active DOT number. In order to
view your MC number on the SAFER website, your MC number must be linked to an active USDOT number. All active USDOT numbers
are listed at http://safer.fmcsa.dot.gov. You
can look up brokers at http://li-public.fmcsa.dot.gov.
industry terminology, "intermodal trailer" means a closed van semi-trailer that is either owned or controlled by a railroad,
leasing company, motor carrier, or private entities such as shippers and intermodal marketing companies. Motor carriers transport
these trailers to and from intermodal rail and marine terminals, depots, container yards, etc. Are these intermodal trailers
covered by the December 2008 rule?
No. The Secretary of Transportation is
required to issue regulations "to ensure that intermodal equipment used to transport intermodal containers is safe
and systematically maintained" [49 U.S.C. 31151(a)(1), emphasis added]. Van trailers are not "intermodal containers," as
that term is used in the statute.
Operation: Safe Driver and TACT seem to be similar programs. How can States distinguish between
the two? What is the overlap?
Operation: Safe Driver is a much broader
campaign. TACT is more focused on the specific issue of changing how PV and CMV drivers interact on the roadway.
La Operación: Choferes Seguros
y TACT parecen ser programas similares. ¿Cómo pueden los estados La Operación: Choferes Seguros y TACT parecen ser programas
similares. ¿Cómo pueden los estados diferenciar ambos programas? ¿Qué tienen en común?
Operación: Choferes Seguros es una campaña mucho más amplia. TACT se centra más en el problema específico de cambiar
la manera en la que comparten las carreteras los automovilistas de PV y los choferes de CMV.
I recently did a search through the Safer Query in reference to my company
and found the information to be incorrect. Who should I contact to get this fixed?
can call our toll-free number at 1-800-832-5660 to have the information corrected.
Is the Medical Examiner required to repeat the entire physical examination
if the driver is only returning for blood pressure check? How is the new blood pressure documented?
is at the discretion of the Medical Examiner; if the driver returns to the same Medical Examiner within the time required
(3 months), the CMV driver is not required to repeat the entire physical examination. The Medical Examiner should write the
date and new blood pressure reading on the original form and the qualification status.
If a driver is on-call, but has not been called for 34 hours, may those
34 hours be counted as a 34-hour restart?
Yes, provided the carrier has not required the driver to report for work until
after the 34-hour period has ended.
How long does it take to get an MX number, Certificate of Registration and USDOT Number?
time it takes to obtain an MX number varies depending on the application submitted and how the application is submitted.
OP-2: if the application is complete and mailed in, it can be processed in 4-6 weeks. If it is filed online it will speed
OP-1(MX): If the application is complete, it can be processed in 4-6 weeks. However, once the application is processed,
the carrier must submit to and pass a Safety Audit. Once the audit is successfully completed, the carrier will be notified
of the results and of the requirement to submit evidence of insurance to FMCSA. At the same time, the carrier’s information
is published in the FMCSA Register to allow for a 10 day protest period. At the end of that protest period and upon receipt
of evidence of insurance and the BOC-3, Designation of Process Agent form, the provisional authority will be issued. At this
time, it is unclear how much additional time this will take.
However, if an application is submitted and it is not completed correctly, it will be sent back to the motor carrier for
correction. When the corrections are returned, they are entered in the order they are received along with any new applications
that are received.
have my MX number yet, but I’m supposed to make a trip tomorrow. May I still make the trip?
a Mexican motor carrier cannot operate in the U.S. without first obtaining a FMCSA assigned MX number, a valid FMCSA Certificate
of Registration or Operating Authority and a USDOT Number.
If a driver takes the 34-hour restart in Canada or Mexico just before entering the U.S., will it be
recognized as such in the U.S.?
Yes. Duty status changes and periods occurring
in Canada or Mexico before entering the U.S. are included in HOS calculations while in the U.S.
Can a driver who takes nitroglycerine
for angina be certified?
Yes. Nitroglycerine use is not disqualifying. The
Medical Examiner may require an evaluation by the treating Cardiologist to make sure that the driver's angina is stable.
How do I determine
whether I am subject to FMCSA's safety regulations?
If you operate any of the
following types of commercial motor vehicles in interstate commerce you must comply with the applicable U.S. Department of
Transportation (DOT) safety regulations concerning: CDL: controlled substances and alcohol testing for all persons required
to possess a CDL: driver qualifications (including medical exams); driving of commercial motor vehicles; parts and accessories
necessary for safe operations; hours of service; and inspection, repair and maintenance.
(1) A vehicle with a gross vehicle weight rating or gross combination weight rating (whichever is greater) of 4,537 kg
(10,001 lb) or more;
(2) A vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation;
(3) A vehicle designed or used to transport 16 or more passengers; or
(4) Any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials
Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR chapter I, subchapter C).
a ser TACT un programa con mayor continuidad como Click it or Ticket?
En la actualidad,
TACT es un programa de demostración que combina el modelo de control de alta visibilidad de la Administración Nacional de
Seguridad del Tráfico en las Carreteras (NHTSA), ya probado y utilizado en Click It or Ticket para cinturones de seguridad
con la campaña de educación de la FMCSA llamada Comparta la Carretera con Seguridad, para la conducción segura en presencia
de camiones grandes. Puesto que los STEP se han venido utilizando con eficacia por muchos años para cambiar los comportamientos
de conducción en el tránsito por parte de los automovilistas, es lógico creer que TACT tendrá éxito. Por supuesto, la FMCSA
desea que los programas TACT se expandan para llegar a convertirse en programas continuados si los resultados de la evaluación
sugieren que podrá tener éxito. Por ello, es importante seguir el modelo básico de TACT y realizar una evaluación detallada.
TACT grow to be a more ongoing program like Click it or Ticket?
TACT is presently
a demonstration program combining the National Highway Traffic Safety Administration’s (NHTSA) proven high visibility enforcement
model used in Click It or Ticket for safety belts with FMCSA’s Share the Road Safely education campaign for safe driving around
large trucks. Since STEPs have been used effectively for many years to change
motorists’ traffic behaviors, there is every reason to believe TACT will be successful. FMCSA certainly wants to see TACT
expand to be an ongoing program if the evaluation results from the demonstrations suggest it will be successful. This is
why it is important to follow the basic TACT model and to conduct a thorough evaluation.
Until I get my own operating authority (active MC number), can I lease
my services to a for-hire carrier with operating rights?
Yes, leasing motor carrier services is permissible if you comply with the requirements under FMCSR Section 376.11.
interstate operating authority (MC Number) with a business partner and would like to discontinue my partnership with this
person. Is that possible?
Yes. You can dissolve a partnership with an existing
MC number by submitting a notarized letter signed by both partners requesting that the partner be removed from the existing
If the partners cannot agree who should keep the existing MC number:
- They should both file a new application
with the required fees and get new MC numbers
- They should request that the existing MC number be voluntarily revoked. See the FAQ “How can I suspend or put my operating
authority (MC number) on hold?”
an ocean carrier has a contract with a facility or terminal operator to systematically inspect, maintain and repair the ocean
carrier’s IME and to tender that IME to motor carriers on behalf of the ocean carrier, who is the IEP?
the facility or terminal operator both tenders IME and performs systematic inspection, repair, and maintenance on that equipment
under contract with an ocean carrier, the facility or terminal operator is the IEP.
How long does it take to get TACT funding approved?
the January deadline to submit TACT grant proposals, the Federal Motor Carrier Safety Administration (FMCSA) anticipates communicating
the final allocation of basic and incentive MCSAP funding for States by April. The notifications to individual States on
MCSAP funding for their TACT proposals should be completed by May.
Cuánto tiempo se necesita para conseguir la aprobación de fondos para TACT?
que la fecha límite de presentación de propuestas de subsidio de TACT es en enero, la Administración Federal de Seguridad
de Autotransportes (FMCSA) prevé comunicar la adjudicación de fondos básicos y de incentivos MCSAP para los estados para el
mes de abril. Las notificaciones a los estados individuales sobre fondos MCSAP para sus propuestas de TACT deberían cumplimentarse
en el mes de mayo.
do I obtain the insurance forms (BMC-91 or BMC-91X)?
The form BMC-91 or BMC-91X
are both used to make liability insurance filings with the FMCSA. We do not provide these forms. The insurance company making
the filing maintains their own supply of forms. In fact, many insurance carriers are set up to make the required insurance
filings with us electronically.
How soon may a driver be certified after coronary artery bypass grafting (CABG) surgery?
driver should not return to driving sooner than 3 months after CABG, to allow the sternal incision to heal. The driver should
meet all the following criteria:
Clearance by physician (usually cardiologist)
Resting echocardiogram with an LVEF >40% after CABG
Asymptomatic status with no angina
should the "recap" section of the RODS page be completed when using a 34-hour restart to begin a new 60/70 hour period?
The RODS pages printed by most commercial firms include a "recap" on each page
for drivers to calculate compliance with the 60/70 hour limits and show "time remaining" within those limits. This "recap,"
however, is not required or addressed by the FMCSRs. Therefore, the "recap" may be completed in any manner desired.
Do I need an MX
number if I’m just going one or two miles into the U.S.?
Yes, every Mexican motor carrier that enters the U.S. must have a FMCSA assigned
MX number, a valid FMCSA Certificate of Registration or Operating Authority and a USDOT Number regardless of the distance
traveled into the U.S.
I need an MX number if I’m just crossing the U.S. border occasionally?
every Mexican motor carrier that enters the U.S. must have an FMCSA-assigned MX number, a valid FMCSA Certificate of Registration
or Operating Authority and a USDOT Number.
May a driver spend part of his or her 34-hours of consecutive off-duty time in a sleeper berth?
Yes, provided the 34-hour period is consecutive and not broken by on-duty or
a driver be qualified if he/she is having recurring episodes of ventricular tachycardia?
with sustained ventricular tachycardia (lasting > 15 seconds) should be disqualified. Drivers experiencing non-sustained V-TACH
should be evaluated by a cardiologist to determine the effect on the driver's ability to drive safely, treatment, and if the
underlying cause of the ventricular tachycardia is disqualifying (see cardiovascular
guidelines for complete review).
How do I determine if I need cargo insurance?
It depends on the type of authority you apply for with FMCSA. If you apply
for common carrier authority, you are required to have on file evidence of both liability (BI & PD) and cargo insurance. If
you apply for contract authority, you are only required to have evidence of liability (BI & PD) insurance on file. Common
carriers hauling low value goods as specified at 49 CFR 387.301(b) may request exemption from cargo insurance requirements
by calling 202-366-9805 and asking that they be sent a cargo exemption form.
Existe una cronología “universal” para el programa TACT?
programa TACT tendrá su propia cronología basada en sus propias actividades. Una cronología típica para TACT podría incluir
tiempos de inicio y fin planificados para las campañas de control, las de medios de comunicación y las iniciativas de recopilación
de datos. La cronología también debería tratar sobre la solicitud de subsidios y fechas de reporte. Las cronologías de TACT
pueden presentarse con diferentes niveles de detalle. Por ejemplo, una cronología podría ser una panorámica del programa para
los administradores e informes a la prensa, mientras que otra cronología más detallada podría ser utilizada por los encargados
there a “universal” TACT timeline?
Each TACT program will have its own timeline
based on the activities it includes. A typical TACT timeline might include planned start and end times for enforcement waves,
media campaigns and data collection efforts. The timeline should also cover grant application and reporting dates. TACT
timelines can be presented at different levels of detail. For example, one timeline might be a program overview for administrators
and press briefings while another more detailed timeline might be used by program managers.
In a port-wide chassis pool, ocean carriers may contract with a third-party
to provide systematic inspection, repair, and maintenance. However, each ocean carrier tenders IME directly to motor carriers.
Who is the IEP?
An IEP, as defined in § 390.5, is ‘any person that interchanges
intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility
for the maintenance of the intermodal equipment.’ An IEP is required to identify itself by filing form MCS-150C, but that
action, by itself, does not make it responsible for any particular piece of IME. In the case of a chassis pool, the IEP may
be the ocean carrier, the pool operator itself, or another entity that has identified itself as responsible for a given chassis.
In the great majority of cases, the IEP will be determined by comparing the alphanumeric marking on a piece of equipment against
a readily accessible electronic database where IME is listed by such markings, along with the identity of the IEP currently
responsible for that equipment. The key concept here is the party that has assumed responsibility for maintenance of a particular
chassis; at any time, there can be only one IEP responsible for a piece of IME.
How long does the operating authority or DOT number application processing take if you file on the
Internet or by mail?
- Online: Property carrier applications may take 20-25 business days
- Mail: Property carrier applications may take 45-60 business days
- Online or mailed household goods or passenger carrier applications may take 8 weeks or longer
To file online:
- Online: US DOT numbers are given instantly; a notification letter will follow in the mail
- Mail: It will take approximately 3-4 weeks to process paper copies of the MCS-150 and/or MCS-150B
forms do I complete to become a broker?
Brokers must register with the FMCSA by
filing the OP-1 Application for Motor Property Carrier and Broker Authority.
After the MC Number has been assigned, to complete the application process, brokers must also take the following steps:
There are several ways to file for authority:
- For brokers of property: Proof of Insurance Coverage: a Surety Bond or Trust Fund Agreement (Form BMC-85) in the amount of $10,000
- For brokers of household goods: Proof of Insurance Coverage: a Surety Bond or Trust Fund Agreement (Form BMC-84) in
the amount of $25,000
- Form BOC-3, Designation of Process Agent Form (brokers
may designate themselves as their own process agents in the State in which they are writing contracts)
- Application processing fee: $300 (non-refundable)
- Application processing time: Approximately 4-6 weeks
can States fund a TACT program?
States are encouraged to utilize basic grant funding
and apply for incentive and high-priority grants to support TACT program efforts. The Motor Carrier Safety Assistance Program
(MCSAP) and Grants.gov are two resources for States seeking funding and grants opportunities. Additional information can
be found on the TACT Funding page.
Cómo pueden financiar
los estados un programa TACT?
Se recomienda a los estados utilizar fondos de subsidios
básicos y que soliciten subsidios de incentivos y de alta prioridad para respaldar las iniciativas del programa TACT. El Programa
de Asistencia de Seguridad de Autotransportes (Motor Carrier Safety Assistance Program, MCSAP) y Grants.gov son dos
de los recursos a disposición de los estados que desean recibir fondos y subsidios. Encontrará información adicional en la
página de fondos de TACT.
a motor carrier that does not tender chassis, do violations found on the chassis impact my Safety Measurement System scores?
any violation that is discovered during a roadside inspection on a chassis under a motor carrier’s control, either by way
of lease or ownership, will impact a carrier’s CSMS.
I need to have a copy of the form BMC-84 (surety bond) e-mailed to me.
insurance company must provide the Form BMC-84 Property Broker's Surety Bond.
If I am a medically certified pilot, can I legally operate a CMV?
Operators of CMVs in interstate commerce must be qualified according to the regulations in 49
a team driver goes directly from 10 consecutive hours off-duty to the sleeper berth at the start of his duty period, can the
sleeper-berth period be excluded from calculation of the 14-hour limit?
Yes. It would be a "...combination of consecutive sleeper-berth and off-duty
time amounting to at least 10 hours" per § 395.1(g)(1). The driver would not be permitted to perform any duties, such as pre-trip
inspections, prior to using the sleeper berth.
does a driver who is utilizing the sleeper berth provision calculate his or her compliance with the 14-hour rule?
A sleeper-berth period of at least 8 consecutive hours is excluded from calculation
of the 14-hour limitation. All other sleeper berth periods are included in the 14-hour calculation (unless part of a sleeper-berth/off-duty
combination of 10 or more consecutive hours).
What is the Federal Motor Carrier Safety Administration?
Motor Carrier Safety Improvement Act of 1999 created the Federal Motor Carrier Safety Administration (FMCSA) as a separate
administration within the U.S. Department of Transportation on January 1, 2000. The primary mission of FMCSA is to reduce
crashes, injuries, and fatalities involving large trucks and buses. FMCSA is headquartered in Washington, D.C., and employs
more than 1,000 individuals in all 50 States, the District of Columbia, and Puerto Rico. For more information, go to About Us section on the FMCSA Web site.
my insurance company have form BMC-85 ?
You may obtain a copy of Form BMC-85,
Property Broker's Trust Fund Agreement by contacting the FMCSA Commercial Enforcement Division at 1200 New Jersey Avenue SE
W63-105, Washington, DC 20590. The telephone number is 1-866-637-0635. You may also download an image of the Form at http://www.fmcsa.dot.gov/documents/BMC-85.pdf .
As a motor carrier that also tenders chassis, do violations found on the
chassis impact my Safety Measurement System scores?
Yes, violations that are discovered
during a roadside inspection on a chassis that has been tendered by a motor carrier may impact a carrier’s CSMS. It is dependent
on whether the violations found during the roadside inspection could have been visually and audibly detected during a driver’s
pre-trip inspection and whether the operator of the chassis conducted a pre-trip inspection.
Cuáles son las actividades de seguimiento de un programa TACT?
de los objetivos principales de los programas pilotos TACT es adquirir y compartir información para mejorar el enfoque. Por
lo tanto, después de haber completado un punto importante del programa o una vez completado el programa, los estados deberían
presentar reportes que traten sobre el proyecto y sus resultados a las partes interesadas. Debería presentarse también un
informe del proyecto mostrando los conocimientos adquiridos y las recomendaciones para futuras actividades del programa.
What are follow-up
activities in a TACT program?
One of the main purposes of TACT pilot programs is
to gain and share information to improve the approach. Therefore, after a key milestone or when the TACT program is completed,
States should present briefings that cover the process and outcome results to key stakeholders and interested parties. A
project report including lessons learned and recommendations for future program activities should also be prepared.
What is a process
A process agent is a legal representative upon whom court papers may be
served in any proceeding brought against a motor carrier, broker, or freight forwarder. Every motor carrier (of property or
passengers) shall make a designation for each state in which it is authorized to operate and for each state traversed during
such operations (using FormBOC-3). Brokers are required to list
process agents in each state in which they have an office and in which they write contracts. Many commercial firms will arrange
process agents in any state for a fee.
A list of the process agent services can be found in the instruction packet
accompanying an application or on our website at http://www.fmcsa.dot.gov/registration-licensing/licensing/agents.htm.
files the Form BOC-3 (Designation of Process Agent)?
Either the applicant or process
agent, on behalf of the applicant, can file FormBOC-3 (Designation
of Process Agents) with the FMCSA. Only one completed form may be on file. It must include all states for which agency designations
are required. One copy must be retained by the carrier or broker at its principal place of business.
skills and backgrounds should be included in a TACT program team?
A TACT team should
have knowledge and experience in project management, enforcement, communications, evaluation and finance.
Qué aptitudes y experiencia deberían
poseer los integrantes del equipo de un programa TACT?
Un equipo de un programa
TACT debe estar conformado por personas con conocimientos y experiencia en gestión de proyectos, ejecución, comunicaciones,
evaluación y finanzas.
an IEP-only, will my company be evaluated in the Safety Measurement System?
at this time IEPs will not be evaluated in SMS.
I transport some hazardous materials. Must I register?
Pursuant to Title 49 CFR Part 107, Subpart G (107.601 - 107.620), certain offerors
and transporters of hazardous materials, including hazardous waste, are required to file an annual registration statement
with the U.S. Department of Transportation and to pay a fee. For more information, visit http://hazmat.dot.gov/register.htm .
Can a driver on oxygen therapy be
qualified to drive in interstate commerce?
In most cases, the use of oxygen
therapy while driving is disqualifying. Concerns include oxygen equipment malfunction, risk of explosion, and the presence
of significant underlying disease that is disqualifying, such as pulmonary hypertension. The driver must be able to pass a
Pulmonary Function Test (PFT)
Link to Pulmonary Conference Report, page 11
Are drivers of vehicles that are specially constructed to service oil wells required to log waiting
time as on-duty time under the new rule?
No. The new rule retains the current exception in § 395.1(d)(2), which provides
that drivers of vehicles that are specially constructed to service oil wells are not required to log time waiting at a natural
gas or oil well site as "on-duty not driving" time. This specific group of drivers is allowed to extend, by the amount of
their waiting time, the 14-hour period after coming on-duty during which driving is allowed.
Is off-duty time at a yard for oil-field equipment excluded from the 14-hour
No. Off-duty time at a yard for oil-field equipment is counted toward the calculation
of the 14-hour rule. Only waiting time at a natural gas or oil well site may be excluded from on-duty time.
Team's Mailing Address & Phone Numbers
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone: (202) 366-9805
Fax: (202) 366-3477
can I get a copy of my medical evaluation file?
You can contact the Medical
Examiner that conducted your evaluation for a copy of your medical certification examination.
As an IEP-only, will my company be evaluated in the Safety Measurement
System in the future?
Yes, FMCSA does have plans to develop a measurement system
for IEPs, much like we have for carriers. Therefore, violation data collected during inspections performed today, may eventually
be used in a measurement system for IEPs.
Cuál es la pre-planificación para un programa TACT y qué actividades incluye?
pre-planificación para un programa TACT incluye el ensamblaje de los recursos y la información necesarios para preparar una
solicitud de subsidios y estar listos para comenzar el programa si se le concede el subsidio. Las actividades de pre-planificación
incluyen reclutar y reunir a los miembros del equipo del proyecto, identificar los detalles del problema a solucionar, establecer
los objetivos del programa y planificar el diseño del programa.
What is pre-planning for a TACT program, and what activities does it include?
for TACT involves assembling the resources and information needed to prepare a grant application and to be ready to start
the program if awarded a grant. Pre-planning activities include recruiting members of the project team, identifying the specifics
of the problem to address, establishing the goals of the program and planning the program design.
Who is required to carry cargo insurance?
goods carriers and freight forwarders of household goods are required to have cargo insurance.
forms are required for insurance and where can I find them?
Form BMC-91 or BMC-91X for proof of bodily injury and property damage (BI & PD) insurance are both used to make liability
filings with the FMCSA. FMCSA does not provide these forms. The insurance company making the filing maintains their own supply
of forms. Many insurance carriers are set up to make the required insurance filings with FMCSA electronically
Form BMC-34 for proof of cargo liability insurance is used to make cargo insurance filings for household goods carriers
with FMCSA. FMCSA do not provide these forms. The insurance company making the filing maintains their own supply of forms.
Many insurance carriers are set up to make the required insurance filings with FMCSA electronically
Form BMC-84 for broker surety bonds is used to make the bond insurance filing for the broker authority with the FMCSA.
FMCSA does not provide these forms. The insurance company making the filing maintains their own supply of forms. Many insurance
carriers are set up to make the required insurance filings with FMCSA electronically
Form BMC-85 for broker trust fund agreements is used to make the trust agreement for the broker authority with the
FMCSA. The BMC-85 can be found at http://www.fmcsa.gov/registration-licensing/print-forms/print-forms.htm.
This form can only be done completed by a financial institution (insured bank, commercial bank or trust company, agency or
branch of a foreign bank in the U.S., insured institution of the National Housing Act, a thrift institution, a loan or finance
are the essential components of a TACT program?
Research has shown that every TACT
program should include three key components: communication, enforcement, and evaluation. Enforcement stops drivers behaving
improperly. Communication builds awareness, educates PV and CMV drivers and heightens the effect of the enforcement. Together,
enforcement and communication increase general deterrence—the perceived risk of getting a ticket. Evaluation helps structure
the program, provides feedback for program improvement and assesses the program’s processes and outcomes. A State must clearly
address these three components to be considered for a TACT program grant. Additional information can be found on the TACT
Action Planning page.
son los componentes esenciales de un programa TACT?
La investigación ha demostrado
que todo programa TACT debería incluir tres componentes fundamentales: la comunicación, el control y la evaluación. La comunicación
crea concientización, educa a los conductores de vehículos de pasajeros y vehículos comerciales e incrementa el efecto del
control. Juntos, el control y la comunicación, aumentan la disuasión general—el riesgo percibido de recibir una multa. La
evaluación ayuda a estructurar el programa, proporciona ideas para mejorarlo y evalúa los procesos y resultados del programa.
Un estado debe tratar claramente estos tres componentes para ser considerado como candidato para recibir un subsidio para
un programa TACT. Encontrará información adicional en la página de Planificación de Acciones de TACT.
What if there is data on my record
that should go against the motor carrier or IEP, how should I go about correcting this?
there are violations on your record that you believe should go to another entity, you may challenge the data by going to our
DataQs web site. The address is https://dataqs.fmcsa.dot.gov/login.asp.
Are the DOT medical
examinations covered by HIPAA?
Regulatory requirements take precedence over
the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are potential subtle interpretations that can
cause significant problems for the Medical Examiner. What information must or can be turned over to the carrier is a legal
issue, and if in doubt, the examiner should obtain a legal opinion. Federal Motor Carrier Safety Regulation 391.43
does not address or prohibit the sharing of medical information by Medical Examiners. http://www.hhs.gov/ocr/hipaa
Mailing Address & Phone Numbers
Federal Motor Carrier Safety Administration
Commercial Enforcement Division
1200 New Jersey Avenue SE W63-105,
Washington, DC 20590
Fax: (202) 385-2422
"oilfield" drivers take advantage of the 16-hour exception provided for property-carrying drivers under § 395.1(o)?
The exception in § 395.1(o) is only available to drivers who otherwise strictly observe the 14-hour limit. Since § 395.1(d)(2)
allows drivers of commercial motor vehicles specially constructed to service oil wells to exclude waiting time at a natural
gas or oil well site from on-duty time, these drivers do not strictly observe the 14-hour limit on a daily basis. An oilfield
driver may choose to use the exception provided in either § 395.1(d)(2) or § 395.1(o), but not both.
Mechanics are often dispatched with
oilfield service crews. Some of the mechanic's service vehicles meet the definition of a CMV. Can these mechanics use the
oilfield operations exceptions found in § 395.1(d)?
Based on the language of
§ 395.1(d)(1), dedicated oilfield mechanics operating CMVs are able to take advantage of the 24-hour restart provision since
they a re servicing the vehicles/equipment associated with field operations. However, the mechanics may not take advantage
of the provisions of § 395.1(d)(2) to exclude waiting time at a natural gas or oil well site from on-duty time because the
vehicle being operated is not specially constructed to service oil wells.
is the DOT physical examination important?
The FMCSA physical examination is
required to help ensure that a person is medically qualified to safely operate a CMV. In the interest of public safety, CMV
drivers are held to higher physical, mental and emotional standards than passenger car drivers.
What is a Process Agent?
process agent is a legal representative upon whom court papers may be served in any proceeding brought against a motor carrier,
broker, or freight forwarder. Every motor carrier (of property or passengers) shall make a designation for each State in which
it is authorized to operate and for each State traversed during such operations. Brokers are required to list process agents
in each state in which they have an office and in which they write contracts. Many commercial firms will arrange process agents
in any State for a fee.
A list of the process agent services can be found in the instruction packet accompanying an application or on our web site
at http://safer.fmcsa.dot.gov .
an IEP-only, will my company be subject to a review?
Yes, IEPs will be subject
to roadability reviews. Roadability reviews are a review of an IEP’s compliance with the regulations.
Qué tipos de comportamientos peligrosos
de conducción debería considerar un programa TACT?
Un programa TACT debería centrarse
en las conductas peligrosas relacionadas con los vehículos CMV y PV utilizando las carreteras de manera segura. Entre ellos
se encuentran los cambios peligrosos de carril, seguir demasiado cerca al vehículo precedente, no señalizar los cambios de
carril, no ceder el paso, conducir a excesiva velocidad y conducir agresivamente (una combinación de dos o más de estas conductas
o comportamientos). Cada programa TACT tiene la responsabilidad de identificar qué comportamientos peligrosos de conducción
contribuyen a que se produzcan accidentes entre PV y CMV y fallecimientos en su estado, examinando los datos sobre accidentes
que posee la policía.
types of unsafe driving behaviors should a TACT program consider?
A TACT program
should focus on those unsafe behaviors that relate to CMVs and PVs sharing the road safely. These include: unsafe lane changes,
tailgating, failing to signal lane changes, failing to yield the right of way, speeding, and aggressive driving (a combination
of two or more of these behaviors). It is up to each TACT program to identify which unsafe driving behaviors contribute to
crashes and fatalities between PVs and CMVs in its State by examining police crash data.
How can insurance companies e-mail the FMCSA insurance division?
All insurance companies can contact e-mail the FMCSA Insurance Division at email@example.com.
I keep the same MC number if I change my name?
Will I receive a new certificate or permit?
Yes, you will keep the same MC number if you change
your name. However, you will not receive a new certificate or permit,
but you will receive a re-entitlement decision which you that should be attached to your original operating authority.
do I determine which violations are attributed to either a motor carrier or an IEP during a roadside inspection?
to the following link to determine if a violation is attributed to either a motor carrier or an IEP during a roadside inspection
What is the basis
for the TACT approach?
The approach of using increased enforcement and intense
publicity about the enforcement has been thoroughly researched in a TACT pilot project in Washington State as
well as in numerous other highway safety programs focused on seat belts and drinking and driving.
En qué se basa el enfoque TACT?
enfoque que se centra en ejercer un mayor control y publicidad intensificada sobre el control ha sido investigado
en profundidad en un proyecto piloto TACT llevado a cabo en el Estado de Washington así como en numerosos otros programas
de seguridad en autorrutas enfocados al uso de cinturones de seguridad y al consumo de alcohol y la conducción de vehículos.
an IEP-only, will my company be issued a safety fitness rating?
reviews do not result in the assignment of a safety rating; however, if violations are found, the review may result in the
issuance of civil penalties.
there a difference in using the Internet vs. mailing the application in when filing for Operating Authority?
using the Internet, you can increase the speed by which your application is processed in contrast with ground mail and manual
data entry. You may submit your Operating Authority requests online at http://safer.fmcsa.dot.gov . To submit your request,
click on Federal Motor Carrier Safety Administration (FMCSA), then click on FMCSA Registration Application, type of authority
requested (Motor Property Carrier and Broker, Motor Passenger Carrier, etc), fill in the required information and click submit.
You will be given an OMC Number for tracking purposes.
Two days after you file your application you will be able to see the status of your application on the Internet at http://li-public.fmcsa.dot.gov
. To obtain your MC Number, click on "Continue," select "Carrier Search from the drop down menu and enter your last name or company name
and the State abbreviation where the carrier is located. Then click "Search." From this point, to see the status, click "Screen"
under "View carrier details." Operating Authority will be granted approximately 12 days after application is received, but
only after insurance and Designation of Process Agent documents are on file with the FMCSA. You will receive your Certificate,
Permit, or License by mail. We encourage many of our applicants to use this online data entry option. This allows us to provide
immediate response to carriers who require it, and reduce processing delays for all applicants. In contrast, applications
filed by mail can take an additional 7 to 14 days to process.
Who can give a waiver or exemption?
The Medical Examiner
cannot grant waivers or exemptions. Only the FMCSA grants waivers or exemptions for certain medical conditions if the individual
is otherwise qualified to drive. Section 381.205
of the FMCSRs allow the driver to request a waiver if one or more of the FMCSRs prevent the driver from operating a CMV or
make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more than three months to
there other hours-of-service exemptions not included in this regulation?
The Motor Carrier Safety Act of 2005 (Part IV of SAFETEA-LU) includes several exemptions to the hours-of-service for specific
industries. Although not included in this regulation, these exemptions are in effect.
should I do if I have an idea or suggestion for a pilot program?
You may send
a written statement to the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Office of Bus &
Truck Standards and Operations, 1200 New Jersey Avenue SE, Washington, DC 20590. 381.400
How can I find out the status of my USDOT Number?
you request a USDOT Number on the Internet you will receive your USDOT Number immediately and a confirmatin letter will be
mailed by the FMCSA. If you mailed your MCS-150/MCS-150B form you can go to http://safer.fmcsa.dot.gov
and search by the motor carrier name to see if the application has
been processed or you can call our toll-free number at 1-800-832-5660.
Qué es TACT?
El programa de Multas a Automóviles y Camiones
Agresivos, TACT) es un Programa de Control Selectivo del Tránsito (STEP). El objetivo de TACT es desalentar los comportamientos
peligrosos de conducción por parte de automovilistas de vehículos de pasajeros (PV) y choferes de vehículos comerciales (CMV)
cuando comparten las carreteras.
The Ticketing Aggressive Cars and Trucks (TACT) program is a Selective
Traffic Enforcement (STEP) Program. The goal of TACT is to deter unsafe driving behaviors by passenger vehicle (PV) and commercial
motor vehicle (CMV) drivers when they interact to share the road.
Where do I go to check a company safety rating?
Company safety ratings can be viewed at https://safer.fmcsa.dot.gov/CompanySnapshot.aspx.
You will need an active USDOT number to view your company safety rating.
do I determine whether I am subject to FMCSA's safety regulations?
You are subject to FMCSA regulations if you operate any of the following types
of commercial motor vehicles in
If you meet the above criteria, you must comply with the applicable U.S. Department of Transportation (DOT) safety
- A vehicle with a gross vehicle weight rating or gross combination weight rating (whichever is greater) of 4,537 kg
(10,001 lbs.) or more
- A vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation
- A vehicle designed or used to transport 15 or more passengers including the driver and not used for compensation
- Any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous
Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded
under the Hazardous Materials Regulations (49 CFR Parts 100-177). This
includes INTRASTATE Hazardous Materials carriers
You can find FMCSA regulations at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section_type=A or in the
GPO’s Code of Federal Regulations
- Controlled substances and alcohol testing for all persons required to possess a CDL
- Driver qualifications (including medical exams)
- Driving of commercial motor vehicles; parts and accessories necessary for safe operations
- Hours of service
- Inspection, repair and maintenance
there any cases where a carrier would be exempted from having to file a Biennial Update?
motor carrier that submits similar information to a State as part of its annual vehicle registration requirement under the
Performance and Registration Information Systems Management (PRISM) program complies if it files this information with the
appropriate State commercial motor vehicle (CMV) registration office. See www.fmcsa.dot.gov/facts-research/facts-figures/analysis-statistics/prism.htm for more information on the
a driver with hypertension has lowered his blood pressure to normal range, lost weight, and is off medications, can he/she
be certified for 2 years?
This is the Medical Examiner's decision.
should the Medical Examiner have available to decide if a driver is medically qualified?
Examiners who perform FMCSA medical examinations should understand: (1) Specific physical and mental demands associated with
operating a CMV, (2) Physical qualification standards specified by 49
CFR 391.41 (b) (1-13), (3) FMCSA advisory criteria and other criteria prepared by the FMCSA, and (4) FMCSA medical guidelines
to assess the CMV driver’s medical condition.
Do I have to still have to file a biennial update if there have been no changes to my company's information?
The biennial update rule states that all motor carriers must file a biennial update every two years. You should access the
system, review all the information and press the submit button. Once you've done this, the system will record that you've
reviewed the information and you will be in compliance with the biennial update requirement.
I transport some hazardous materials. Must I register as a commercial
Pursuant to Title 49 CFR Part 107, Subpart G (107.601 - 107.620), certain offerors and transporters of hazardous materials,
including hazardous waste, are required to file an annual registration statement with the U.S. Department of Transportation
and to pay a fee. For more information, visit http://hazmat.dot.gov/register.htm.
can I determine the status of my USDOT Number?
You can determine the status of your USDOT number in two ways:
can I update my USDOT record?
You can update your USDOT Number over the Internet
at http://safer.fmcsa.dot.gov by filing a MCS-150 (Motor Carrier
Identification Report). To update online you will need a Personal Identification Number (PIN) but the good news is that you
can also apply for your PIN online at https://www.mchqecom.com/nu_cc/cc_pin.asp. You may
also update your USDOT record by filing a MCS-150 by mail. You may mail the forms to FMCSA, MCMIS Team, 1200 New Jersey Avenue
SE, Washington, DC 20590. Please put "update" on the MCS-150 form and make all necessary changes. You can also call our toll
free number at 1-800-832-5660 to have an MCS-150 form mailed to you.
Are there duties related to the FMCSA medical certification?
the FMCSA does not have duties. The Medical Examiner is required to know the FMCSA driver physical qualification standards,
medical guidelines, and advisory criteria. The examiner should understand the mental and physical demands of operating a CMV.
For how long is
my medical certificate valid?
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.
How can I update
my USDOT number company information?
There are several ways to update your company’s information:
Please put “update” on the MCS-150 form and make all necessary changes
- Online: You can update your USDOT number company information online at http://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option by filing an MCS-150 (Motor Carrier
Identification Report). To update online you will need a Personal Identification Number (PIN). You can apply for your PIN
online at https://www.mchqecom.com/nu_cc/cc_pin.asp
- Phone: You can call 800-832-5660 to have an MCS-150 form mailed to you
- Mail: Send the forms to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
Applications Production Team, 6th Floor
1200 New Jersey Avenue, S.E.
Washington, DC 20590
to inactivate or reactivate my USDOT Number. Can I do this online?
You are allowed
to inactivate your USDOT Number online, using your Personal Identification Number (PIN). However, you cannot reactivate your
USDOT Number online.
To reactivate a USDOT Number, you will need to send a signed letter on your company's letterhead, listing your USDOT Number,
the name, address and phone number of the company, and a request asking
us to reactivate your USDOT Number to:
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
or fax it to 703-280-4003
each terminal operation or branch of a large corporation file an MCS-150 form?
Generally the corporate office or headquarters should file all the necessary forms and should inform its branches of the USDOT
Number. For large companies with many branches, maintaining proper registration with the FMCSA requires good communication
between the corporate headquarters and the terminal offices. The company's headquarters can then interact with the FMCSA
to ensure that all of its branches are properly accounted for.
I want to inactivate/deactivate my USDOT number. Can I submit the request online?
No. To inactivate your USDOT number you MUST mail or fax send in an updated MCS-150
or MCS-150b form, and check the box “out of business” (out of “motor carrier” operations, even if the company is still in
business) in the “reason for filing” section. You can access the MCS-150 form at: http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm.
You can submit the MCS-150 form in one of two ways:
- Mail: Send the updated MCS-150 form to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
Licensing Team, 6th Floor
Washington, D.C. 20590
- Fax: Fax the document to 703-280-4003
am I required to do if the FMCSA grants my exemption?
You must comply with the
terms and conditions of the exemption. This information is provided to you.
May a Medical Examiner qualify a driver who has blood in his urine?
Medical Examiner decides to certify, time-limit or disqualify. The decision to certify a driver is determined by whether the
examiner believes that the blood in the urine affects the ability of the commercial driver to safely. Regardless of whether
the CMV driver is certified, the Medical Examiner should document referral to a specialist or the driver's Primary Care Provider.
Should each terminal
operation or branch of a corporation file an MCS-150 form?
A USDOT number usually applies to the company, not a particular branch office
or vehicle. Generally the corporate office or headquarters should file all the necessary forms and should inform its branches
of the USDOT number. For companies with multiple branches, maintaining proper registration with the FMCSA requires good communication
between the corporate headquarters and the terminal offices. The company's headquarters then can then interact with the FMCSA
to ensure that all of its branches are properly accounted for.
USDOT numbers transferable?
No, USDOT Numbers are not transferable. You can file for your USDOT Number
on the Internet at www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm,
or call our toll-free number at 1-800-832-5660 to request a copy of the MCS-150 (Motor Carrier Identification Report) and
MCS-150B (Combined Motor Carrier Identification Report and Hazardous Materials Permit Application). Both forms are also available
MC numbers (operating authorities) are transferable. For more information, please see our OA Transfer FAQs: http://www.fmcsa.dot.gov/registration-licensing/transfer-oa-Faqs.aspx
How do Medical
Examiners differ from Medical Review Officers?
A Medical Review Officer (MRO)
is a licensed physician responsible for receiving and reviewing laboratory results generated by an employer's drug testing
program and evaluating medical explanations for test results. More information on MROs is available online at
http://www.dot.gov/ost/dapc/mro.html. Medical Examiner means a person who is licensed, certified, or registered, in accordance
with applicable State laws and regulations to perform physical examinations. This includes but is not limited to doctors of
medicine, doctors of osteopathy, physician assistants, advanced practice nurses and doctors of chiropractic.
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 with 49
do I need to provide my credit card information when applying for a USDOT number online, since there is no charge?
The FMCSA uses a credit card to verify the identity of the individual submitting
the application. The FMCSA systems have the necessary security controls to prevent unauthorized access to the credit card
not have a credit card. Can I still obtain a USDOT number?
Yes. You can submit the MCS-150 form without a credit card in one of two ways:
- Mail: Send the updated MCS-150 form to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
Licensing Team, 6th Floor
Washington, D.C. 20590
- Fax the document to 703-280-4003
medical criteria are required to obtain a medical certificate?
qualification regulations for CMV drivers in interstate commerce are found at Section 391.41(b) of the FMCSRs. Instructions
to Medical Examiners performing physical examinations are found at Section 391.43. Advisory criteria under 391.41 are recommendations.
They are accessible on the FMCSA's Web site at http://www.fmcsa.dot.gov/rules-regulations/administration/medical.htm.
FMCSA has published medical conference reports as recommendations to assist Medical Examiners determine whether a driver is
qualified under Section 391.41(b). The conference
reports may be accessed on the FMCSA Web site.
How long will it take the agency to respond to my request for a waiver?
agency will issue a final decision within 180 days of the date it receives your completed application. However, if you leave
out required information, it takes longer to complete your application.
Can I get a waiver if I have had a single unprovoked seizure?
who have had one unprovoked seizure by definition do not have epilepsy (2 or more unprovoked seizures). Drivers who are seizure-free
and off anticonvulsant medication(s) for at least 5 years after a single unprovoked seizure can be certified. Earlier return
to work may be considered for drivers with a normal EEG who have no epileptic-form activity and normal examination by a neurologist
specializing in epilepsy.
an agent is filing an MCS-150 registration
form for a motor carrier, should they put their own principal (physical) address or the motor carrier’s principal (physical)
address on the form?
An agent should enter the physical address where the motor carrier maintains their
safety records. FMCSA will use this address for on-site visits to motor carrier for the purpose of conducting safety audits,
compliance reviews, and other activities. For this reason, do not enter a P.O. Box as the principal (physical) address, or
processing of the company’s application will be delayed.
not have a credit card; can I use someone else's credit card to apply for a USDOT Number?
The FMCSA uses a credit card to verify the identity of the individual submitting the application. The FMCSA systems have the
necessary security controls to prevent unauthorized access to the credit card information.
The exception to this
rule is if an agent is filing a motor carrier's applications, the agent may use his or her credit card to sign the MCS-150/MCS-150B.
If you don’t use a credit card, you will have to mail or fax your MCS-150/MCS-150B applications.
submit the MCS-150/150B form without a credit card in one of two ways:
- Mail: Send the updated MCS-150 form to:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information (MC-RS)
Washington, D.C. 20590
- Fax the document to 703-280-4003
I do not want to use my credit card to apply for a USDOT Number. Where
do I mail or fax my MCS-150/MCS-150B application?
You may mail your completed
Federal Motor Carrier Safety Administration
Office of Information Management, MC-RIO
1200 New Jersey Avenue SE,
Washington, DC 20590
Or you may fax to 703-280-4003.
PLEASE DO NOT MAIL AND FAX YOUR APPLICATIONS. Please do either one or the other.
And please do keep a
copy of the applications for your records.
When completing the MCS-150
form, should the mailing address, and principal (physical) address, and company names be the same as the information on
the operating authority (MC number) applications?
Yes. When completing the MCS-150 form and the OP-1 application for operating authority
(MC number), the information must be consistent, including the company name,
doing business as name, principal (physical) address, mailing address,
and etc. Ensure that the operating authority (MC number) information matches the MCS-150 form.
does the medical examination involve?
The driver must be medically examined
and certified in accordance with Section
391.43 of the FMCSRs.
the FMCSA set any guidelines for Medical Examiner fees associated with conducting medical examinations?
There is no fee schedule.
a motor carrier based in Mexico, and I see that the online FMCSA registration process is not available to me. How should I
go about applying for a USDOT Number so that I can operate in the U.S.?
The online FMCSA registration process is not available to motor carriers based
in Mexico. To obtain a copy of the MCS-150 form: More guidance for Mexican carriers can be found at http://www.fmcsa.dot.gov/rules-regulations/topics/nafta/nafta.htm
a broker and/or freight forwarder. Where can I look up my company’s record online?
Information on motor carrier authorities for brokers or freight forwarders can
be found at http://li-public.fmcsa.dot.gov.
does the PDF of the applications appear blank when I click on it from your Web site? I have Adobe Acrobat 5.0 installed?
may have something to do with the way you have your system configured. Some configurations of Acrobat Reader do not support
viewing documents over the Internet. In this situation, it is best to right click on the link for the PDF and select "Save
Target As..." This will allow you to save a copy of the PDF onto your hard drive. Then you can open the PDF from where you've
saved it and enter your information in the form.
IMPORTANT NOTE: With Adobe Acrobat Reader you will not be able to save any changes you make. Therefore you will need to
print out your information and fax or mail (do not do both) to the proper address.
Is Meniere's Disease disqualifying?
Disease – a condition associated with severe and unpredictable bouts of dizziness (vertigo) is disqualifying. This recommendation
can be found in the Conference on Neurological Disorders and Commercial Drivers.
Can carriers set their own standards for CMV drivers who operate in interstate
CFR Section 390.3(d) gives employers the right to adopt stricter medical standards. Motor Carriers (companies) cannot
set less restrictive standards. In addition, the employer can require the driver to perform ancillary duties as a condition
a motor carrier based in Mexico, and I see that the online FMCSA Registration Process is not available to me. How should
I go about applying for a USDOT Number so that I can operate in the U.S.?
the online FMCSA Registration Process is not available to Mexico-based motor carriers. Motor Carriers based in Mexico can
call the main FMCSA number, 1-800-832-5660.
Does a broker process loss and damage claims?
No, a broker assumes no responsibility for the shipment and does not touch the
shipment. A claim must be filed with the appropriate motor carrier, which usually would be the delivering carrier or the carrier
causing the loss. Brokers may, however, assist shippers in filing claims with the motor carrier on the shipper’s behalf.
we obtain apportioned tags from the FMCSA web site?
No. License plates and
stickers are State matters, and you should contact your State department of motor vehicles for the requirements.
What is the effect
on driver certification based on FMCSA hypertension stages?
A driver with a
diagnosis of hypertension on treatment should have at least an annual certification.
A CMV driver with a Blood pressure (BP) 140/90 may be certified for 2 years.
First time BP elevated:
Stage 1 - BP 140-159/90-99 Certification Period 1 year
Stage 2 - BP 160-179/100-109 Certification Period 3 months as one time certification. Within the 3 months, if the blood
pressure is below 140/90, the driver may receive 1 year certification.
Stage 3 - BP Reading >180/110 Disqualified. When the blood pressure is less than 140/90, the driver can be certified at
6 month intervals.
are the criteria used to determine if a driver with lung disease can be certified?
the initial and follow-up examination, the Medical Examiner can use general certification criteria:
What are the effects of the lung disease on pulmonary function?
Is the disease contagious?
Can the driver safely use therapy while working?
Can the driver safely perform both driving and ancillary duties?
Is the disease progressive? A driver with a pulmonary disease that may progress or affect their ability to drive safely
should be certified at least annually.
Additional criteria for the specific respiratory problem:
Certification for most chronic lung diseases is based on the clinical course. The examiner must decide if additional testing
is required. The medical certification form states that the examiner may need to order a chest x-ray or pulmonary function
you know where I could possibly get the UCR Application form?
The UCR Application form can be obtained from https://www.ucr.in.gov
What is the minimum
level of financial security that a broker must maintain on file with FMCSA?
Currently, a general freight broker must maintain a surety bond or trust fund
agreement in the amount of $10,000 to comply with FMCSA’s financial security requirements and brokers of household goods must
Beginning October 1, 2013, a broker will need to obtain and file with FMCSA a surety bond or trust
fund agreement in the amount of $75,000 to comply with FMCSA’s financial security requirements.
are the differences between the medical standards and the medical advisory criteria and the medical guidelines?
Medical Examiner must follow the standards found in 49
CFR 391.41. In the case of vision, hearing, epilepsy and diabetes requiring any use of insulin, the FMCSRs standards are
absolute and allow no discretion by the Medical Examiner.
FMCSA also provides medical advisory criteria and medical guidelines to assist the Medical Examiner determine if a person
is physically qualified to operate a commercial bus or truck. The Medical Examiner may or may not choose to use these guidelines.
These guidelines are based on expert review and considered practice standards. The examiner should document the reason(s)
for not following the guidelines.
long does it take to get my medical certificate once my medical examination is complete?
FMCSRs do not specify that the Medical Examiner must give a copy of the Medical Examiner's Certificate to the driver immediately
following the examination. The Medical Examiner may require additional medical tests or reports from your treating physician.
Can a driver who
has a condition that causes excessive daytime sleepiness be certified?
and sleep apnea account for about 70% of EDS. EDS lasting from a few days to a few weeks should not limit a driver's ability
in the long run. However, persistent or chronic sleep disorders causing EDS can be a significant risk to the driver and the
public. While most of these diseases are usually disqualifying, The examiner should consider these general certification criteria
at the initial and follow-up examinations:
Underlying condition causing the EDS.
Severity of and frequency of EDS
Presence or absence of warning of attacks
Possibility of sleep during driving
Degree of symptomatic relief with treatment
Compliance with treatment
After the initial evaluation, the examiner can decide if additional testing is required. Generally, drivers with excessive
EDS need further evaluation to determine the cause and certification.
medical certificate is still valid. Am I prohibited from operating a CMV if I have a medical condition that developed after
my last medical certificate was issued?
FMCSA regulations prohibit a driver
from beginning or continuing to drive if their ability and/or alertness is impaired by: fatigue, illness, or any cause that
makes it unsafe to begin (continue) to drive a commercial vehicle.
Even if a driver currently has a valid medical certificate, the driver is prohibited from driving a CMV with any medical
condition that would be disqualifying or may interfere with the safe operation of a CMV. Once a disqualifying medical condition
is resolved, and before resuming operation of CMVs, a driver is responsible for obtaining re-certification from a Medical
is a satisfactory exercise tolerance test?
A satisfactory ETT requires exercising
to a workload capacity of at least six METS (through Bruce Stage II or equivalent) attaining a heart rate of >85% of predicted
maximum (unless on beta blockers), a rise in SBP>20mmHg without angina, and having no significant ST segment depression or
Stress radionuclide or exercise echocardiogram should be performed for symptomatic individuals, individuals with an abnormal
resting electrocardiogram, or individuals who fail to meet the ETT requirements.
I still get a medical certificate if I have a medical condition that is being treated by a physician?
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.
a Medical Examiner, can I disclose the results of my medical evaluation to a CMV driver's employer?
CFR 391.43 “Instructions to the Medical Examiner” do not address or prohibit the sharing of medical information. Refer
to the HIPAA regulations for guidance.
Where can I find the FMCSRs?
All of the FMCSRs are
listed numerically on the FMCSA's Web site at
May a driver who has non-insulin
treated diabetes mellitus (treated with oral medication) be certified for 2 years?
all cases, clinical judgment is required. The Medical Examiner decides if the driver's diabetes is adequately controlled,
which determines certification, length of certification or disqualification. FMCSA guidelines recommend performing annual
examination for vision, neurological function and cardiovascular disease, including hypertension. In general, the diabetic
driver should have annual re-certification examinations.
Do drivers need to carry the medical certification when driving a CMV?
Drivers must carry a current copy of a medical examination certificate.
Is the driver required to provide a copy to the employer?
the motor carrier (employer) is required to keep a copy of the medical card (certificate) on file and the driver is required
to keep the medical certificate (and supporting documents as required) with him while driving.
Can I report a driver operating
without a medical certificate? What protection can I expect as a whistleblower and to Whom would I report it?
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).
Am I required to have a medical certificate if I only operate a CMV in my home State (intrastate commerce)?
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.
determines if a pilot program should be initiated?
Generally, pilot programs
are initiated by the FMCSA when the agency determines that there may be an effective alternative to one or more of the requirements
in the FMCSRs, but does not have sufficient research data to support the development of a notice of proposed rulemaking to
change the regulation. 381.400
What is the basis of FMCSA's recommendations regarding high blood pressure?
medical guidelines for hypertension are based on the Sixth Report of the Joint National Committee on Prevention, Detection,
Evaluation and Treatment of High Blood Pressure (JNC 6 - 1997). The prior cardiovascular guidelines were based on an earlier
The medical standard (49
CFR 391.41 (b) (6) permits qualification of CMV drivers if the driver has no current clinical diagnosis of high blood
pressure likely to interfere with his/her ability to operate a motor vehicle safely. FMCSA provides guidelines to assist the
Medical Examiner in determining if a person is physically qualified to operate a motor vehicle.
do I request a waiver/exemption?
For exemptions from Federal standards other
than Diabetes or Vision, please refer to the FMCSRs in Section 381.210
Does my driving record affect my
eligibility for a medical certificate?
What is a pilot program?
pilot program collects specific data to evaluate alternatives to the regulations or innovative approaches to safety while
ensuring that the safety performance goals of the regulations are satisfied.
In a pilot program, temporary regulatory relief from one or more FMCSR is given to a person or class of persons subject
to the regulations or to a person or class of persons who intend to engage in an activity that would be subject to the regulations.
The number of participants in the pilot program must be large enough to ensure statistically valid findings. 381.400
NOTE: FMCSA is not conducting medical pilot programs at the time.
CMV Drivers required to be CPR certified?
No. There is no regulation that requires
CMV drivers to be CPR certified.
What medications disqualify a CMV driver?
A driver cannot
take a controlled substance or prescription medication without a prescription from a licensed practitioner.
If a driver uses a drug identified in 21 CFR 1308.11 (391.42(b)(12)) or any other substance such as amphetamine, a narcotic,
or any other habit forming drug, The driver is medically unqualified.
There is an exception: the prescribing doctor can write that the driver is safe to be a commercial driver while taking
the medication. In this case, the Medical Examiner may, but does not have to certify the driver.
Any anti-seizure medication used for the prevention of seizures is disqualifying.
Methadone use is disqualifying.
The Medical Examiner has 2 ways to determine if any medication a driver uses will adversely affect safe operation of a
1. Review each medication - prescription, non-prescription and supplement
2. Request a letter from the prescribing doctor
What is the ANSI Standard?
When the audiometric device
is calibrated to the American National Standard (formerly the American Standard Association (ASA) Z24.5-11951. Since the prescribed
standard under the FMCSRs is the American National Standards Institute (ANSI), it may be necessary to convert the audiometric
results from the ISO standard to the ANSI standard. Instructions are included on the Medical Examination Report form.
If a driver has
had surgery for Meniere's Disease, is the condition disqualifying?
surgery for Meniere's Disease. The FMCSA is now reviewing this issue in relation to certification.
Who should I contact if I have questions
about the status of my application for a Vision or Diabetes exemption?
contact the Office of Bus And Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
The telephone number is 1-703-448-3094.
would a motor carrier that also brokers loads apply for broker authority?
seeking broker authority must file a Form OP–1 and submit
it to FMCSA. Companies with existing motor carrier authority should include their current USDOT Number on the OP–1 form but
leave the MC Number field blank. FMCSA will issue a separate MC Number for the broker authority. While MAP–21 requires FMCSA to establish an indicator of the type of transportation or service for which the
USDOT registration number is issued, including whether the registration number is issued for registration of a motor carrier,
freight forwarder, or broker, FMCSA will implement this provision at a later time. Source: 78 FR 54720.
is the civil penalty for a broker or freight forwarder who engages in interstate operations without the required operating
A broker or freight forwarder who knowingly engages in
interstate brokerage or freight forwarding operations without the required operating authority is liable to the United States
for a civil penalty not to exceed $10,000 and can be liable to any injured third party for all valid claims regardless of
the amount (49 U.S.C. 14916(c)). The penalties and liability to injured parties apply jointly and severally to all corporations
or partnerships involved in the transportation and individually to all officers, directors, and principals of these business
forms (49 U.S.C. 14916(d)). Under 49 U.S.C. 14901(d)(3), a broker of household goods (HHG) who engages in interstate operations without
the required operating authority is liable to the United States for a civil penalty of not less than $25,000 for each violation.
a CMV driver be disqualified for using a legally prescribed drug?
driver has a legal prescription, he/she may be disqualified if the medication could adversely affect the driver's ability
to drive a CMV safely.
may I request a waiver/exemption?
You may request a waiver if one or more of
the FMCSRs would prevent you from using or operating CMVs or make it unreasonably difficult to do so, during a unique, non-emergency
event that will take no more that three months to complete. You may apply for an exemption if one or more FMCSRs prevents
you from implementing more efficient or effective operations that would maintain a level of safety equivalent to or greater
than the level achieved without the exemption.
May I use group surety bonds or trust funds to satisfy FMCSA’s financial responsibility requirement?
Although FMCSA is authorized, pursuant to 49 U.S.C. 13906(b) and (c), to accept group financial security products to meet property broker and freight
forwarder financial responsibility requirements on the condition that those products otherwise meet the requirements set forth
in 49 U.S.C. 13906 and 49 CFR part 387, the Agency is not required to accept these group financial security products. At this
time, FMCSA is considering the enforcement implications of group sureties as well as the effect on small entities and new
entrants. FMCSA is committed to reexamining this issue as part of its enforcement phase-in plan described under section C,
FMCSA Implementation and Enforcement Timelines of 78 FR 54720.
my surety bonding company or trustee previously filed Forms BMC–84 or BMC–85, do I need to file a new one reflecting the new
$75,000 minimum financial security requirement?
Yes. All brokers and freight forwarders
subject to FMCSA jurisdiction must file new BMC–84 or BMC–85
forms reflecting the new minimum financial security amount of $75,000 as of October 1, 2013. FMCSA will develop new BMC forms
for use by surety bonding companies and trust fund institutions in advance of the October 1, 2013, deadline. Source: 78 FR 54720.
I drive a commercial vehicle after having angioplasty/stents inserted into my heart?
Drivers who have uncomplicated, elective Percutaneous Coronary Intervention (PCI), with or without stenting, to treat stable
angina may return to work as soon as one week after the procedure. Criteria for return to work after PCI include:
Examination and approval by the treating cardiologist;
No injury to the vascular access site;
ETT three to six months post PCI. In the CMV driver this requires exercising to workload capacity of at least six METS
(through Bruce Stage II or equivalent), attaining a heart rate >85% of predicted maximum (unless on beta blockers), a rise
in SBP >20mmHg without angina, and having no significant ST segment depression or elevation. Stress radionuclide or echocardiography
imaging should be performed for symptomatic individuals, individuals with an abnormal resting echocardiogram, or those drivers
who fail to obtain the minimal standards required from the standard ETT;
Annual medical qualification examination;
Negative ETT at least every other year (criteria above) and
Tolerance of all cardiovascular medication. The driver should not experience orthostatic symptoms, including light-headedness;
a resting SBP<95mmHg systoloc; or a systolic blood pressure decline > 20mmHg upon standing.
it possible to get exemptions for some medical conditions?
Under 49 United States
Code 31315 and 31136(e), the FMCSA may grant an exemption from the FMCSRs if the agency determines it is in the public interest
and would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with
the safety regulation. Section 381.300 through 381.330 of the FMCSRs describes procedures applicants must follow to apply
for exemptions and can be viewed at 49
CFR 381.330. FMCSA currently has exemption programs for vision and insulin-treated diabetes mellitus, and offers a certificate
program for drivers with limb impairments. FMCSA also has a special certification program for drivers with missing and/or
impaired limbs (49 CFR
company has both broker and freight forwarder authority. Is one $75,000 bond or trust fund sufficient or do I need 2 separate
One $75,000 bond or trust fund is sufficient as long as the
legal entity holding the authorities is the same. Your company will need to file separate BMC–84/BMC–85 forms for the broker and freight forwarder operations. However, the underlying bond or trust fund
can be the same for both operations. If your broker and freight forwarder operations are conducted under separate but affiliated
companies, each entity must have a separate bond or trust fund. Source: 78 FR 54720.
happens if my bonding company or trust fund institution does not file new BMC–84 or BMC–85 forms reflecting the new $75,000 minimum financial security requirement beginning October 1, 2013?
"Section C: FMCSA Implementation and Enforcement Timelines in 78 FR 54720.
government employees exempt from routine/yearly physical examinations?
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
a CMV in the United States but reside outside of the United States. Can I use my foreign medical certificate?
if you are a resident of Mexico or Canada. Drivers certified in Canada are certified to drive in the United States, providing
they meet U.S. requirements. For Mexican drivers, the medical examination is part of the Licencia Federal. It is not necessary
for Mexican drivers to carry a separate medical certifying document.
A CMV operator from Canada or Mexico who has been issued a valid commercial driver’s license by a Canadian Province or
the Mexican Licencia Federal is no longer required to have a medical certificate. The driver’s medical exam is part of the
driver’s license process and is proof of medical fitness to drive in the United States. However, Canadian and Mexican drivers
who are insulin-using diabetics, who have epilepsy, or who are hearing-and-vision impaired are not qualified to drive CMVs
in the United States. Furthermore, Canadian drivers who do not meet the medical fitness provisions of the Canadian National
Safety Code for Motor Carriers but who have been issued a waiver by one of the Canadian Provinces or Territories are not qualified
to drive CMVs in the United States. Similarly, Mexican drivers who do not meet the medical fitness provision of The Licencia
Federal de Conductor but who have been issued a waiver by The Licencia Federal de Conductor are not qualified to drive CMVs
in the United States.
says that I have to use a surety bond company that is approved by the U.S. Treasury Department. How do I know whether my surety
bond company is approved by the Treasury Department?
The Treasury Department’s
Financial Management Service maintains a list of certified surety bond companies at http://fms.treas.gov/c570/index.html. This and other information about certified surety bond companies
can be obtained from:
U.S. Department of the Treasury
Financial Management Service
Surety Bond Branch
3700 East West Highway
Hyattsville, MD 20782,
Telephone (202) 874–6850
Fax (202) 874–9978
MAP–21 revised 49 U.S.C. 13906(c)(3)(C) to state that FMCSA may require freight forwarders to provide cargo insurance.
How do I know if this applies to me?
Existing regulations at 49 CFR 387.403 require household goods freight forwarders to obtain cargo insurance in the amount of $5,000
for loss of, or damage to, household goods carried on any one motor vehicle; and $10,000 for loss of, or damage to, or the
aggregate of losses or damages of, or to, household goods occurring at any one time and place. Non-household goods freight
forwarders are not required to obtain cargo insurance. FMCSA did not make any changes to these requirements as a result of
should I contact if I have questions about the information I am required to submit to the FMCSA to obtain a waiver or exemption?
should contact the Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590.
The telephone number is 703-448-3094.
a driver be qualified if taking prescribed medical marijuana?
No. Drivers taking
medical marijuana cannot be certified.
MAP–21 instituted a new requirement that surety bond and trust fund institutions "provide electronic notification"
to FMCSA at least 30 days before a surety bond or trust fund is cancelled. How do these institutions provide this electronic
Surety bond and trust fund institutions should send their electronic notification
of cancellation through:
existing surety bonds be cancelled and replaced by the new surety bonds? Alternatively, will the existing surety bonds remain
in place and be revised by rider or endorsement?
Pursuant to 49 CFR 387.307(a), a surety bond "for the full limits of liability prescribed" must be in effect before
FMCSA will issue property broker or household goods broker operating authority. Riders/ endorsements are a permissible means
of complying with the new $75,000 financial responsibility requirement, provided that a new BMC–84 form for the full limits
of liability is on file with FMCSA. Source: 78 FR 54720.
there a "grandfathering" provision for the Vision and Diabetes standards?
not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation
of CMVs by drivers with visual impairment in one eye; provided: (1) The driver is physically examined every year, including
examination by an ophthalmologist or optometrist attesting to the fact that the driver: (i) Is otherwise qualified under 391.41; and (ii) Continues to measure
at least 20/40 (Snellen) in the better eye. (2) The driver provides a copy of the ophthalmologist or optometrist report to
the Medical Examiner at the time of the annual medical examination. (3) The driver provides a copy of the annual medical certification
to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person
while driving for presentation to an authorized federal, state or local law enforcement official. The grandfathering provision
is no longer available.
tests are used to determine if a driver has adequate hearing to drive safely?
tests are either the forced whisper test or audiometry. For the whispered voice test, the driver should be 5 feet from the
examiner with the ear being tested turned toward the examiner. The other ear is covered. Using the breath which remains after
a forced expiration, the examiner whispers words or random numbers such as 66,18.23. The examiner should not use only sibilants
(s-sounding test materials). If the individual fails the whisper test, the audiometric test should be administered.
Can a Canadian
driver apply for a Skill Performance Evaluation (SPE) certificate to drive in the United States?
reciprocity agreement between the United States and Canada does not permit drivers who do not meet the medical fitness requirements
of Canada to drive in the United States. Both countries agree that Canadian drivers who do not meet the medical provisions
in the National Safety Code of Canada but have a waiver by one of the Canadian Provinces or territories would not be qualified
to operate a CMV in the United States. The National Safety Code states that a driver must wear a prosthesis and demonstrate
his/her ability in an on-road test. Some of the Canadian provinces have not adopted the National Safety Code. If a driver
has no prosthesis when entering the United States., the driver is not qualified to operate here.
It is not necessary for a Canadian driver to apply for a Skill Performance Evaluation certificate to drive in the United
States. A valid commercial driver’s license issued by a Canadian Province or Territory is proof of medical fitness to drive.
If a Canadian driver is required to wear prosthesis, the driver must wear the prosthesis while operating a commercial vehicle
in the U.S. If a driver has no prosthesis when entering the U.S., the driver is not qualified to operate here.
Is the employer
legally responsible for paying for the DOT medical examination?
The FMCSRs do
not address this issue.
motor carriers legally obligated to provide air conditioning in commercial motor vehicles?
FMCSRs do not address this issue.
As a Medical Examiner, can I disclose the results of my medical evaluation to a commercial motor vehicle
391.43 “Instructions to the Medical Examiner” do not address
or prohibit the sharing of medical information. Refer to the HIIPA regulations for guidance.
How can I get more information or
apply to serve on the Medical Review Board (MRB)?
Contact the MRB staff on (202)
366-4001 or firstname.lastname@example.org
What is the Medical Review Board?
The Medical Review
Board (MRB) is a nationally recognized standing board of licensed physicians established by FMCSA to provide expert advice
to the Secretary of Transportation on matters related to physical qualifications of drivers, medical standards and guidelines,
materials for training medical examiners, functional tests for drivers with multiple disabilities and identifying risks of
happens if a driver is not truthful about his/her health history on the medical examination form?
FMCSA medical certification process is designed to ensure drivers are physically qualified to operate commercial vehicles
safely. Each driver is required to complete the Health History section on the first page of the examination report and certify
that the responses are complete and true. The driver must also certify that he/she understands that inaccurate, false or misleading
information may invalidate the examination and medical examiner's certificate.
FMCSA relies on the medical examiner's clinical judgment to decide whether additional information should be obtained from
the driver's treating physician. Deliberate omission or falsification of information may invalidate the examination and any
certificate issued based on it. A civil penalty may also be levied against the driver under 49 U.S.C. 521(b)(2)(b), either
for making a false statement of for concealing a disqualifying condition.