1.

Why is 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.

2.

What must I do to comply with the new requirements (76 FR 70661) for making my medical certification part of my CDL driving record?

Starting on January 30, 2012, when you:

• Apply for a CDL
• Renew a CDL
• Apply for a higher class of CDL
• Apply 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 your CDL.

3.

Must freight 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.

4.

Why is 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 buses.

5.

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.

6.

Employer record retention:
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?

Yes. 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 CFR 390.31.

7.

How do 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:

• 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 entered
• 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 #)

• 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

• 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

• E-mail: FMCSAOATransfers@dot.gov
• Mail:
  Office of Registration and Safety Information, MC-RS
  ATTN: Transfers
  Federal Motor Carrier Safety Administration
  US Department of Transportation
  Mailstop W65-205
  1200 New Jersey Ave., S.E.
  Washington, DC 20590

• The information about the transfer will be posted to the FMCSA Register
• The information about the transfer will appear in the FMCSA web sites as “inactive”
• You will receive a letter instructing you to pursue:
  • Financial responsibility (e.g., insurance)
  • Designating a process agent (BOC-3 form)

• 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

8.

What is the Unified Registration System?

The 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 registration process.

9.

Where do 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.

10.

Why did 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.

11.

When is it appropriate to report a name change for my operating authority rather than a transfer of operating authority?

Definition: 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. For more information on reporting a transfer of operating authority, please see our detailed FAQ: http://www.fmcsa.dot.gov/registration-licensing/transfer-oa-Faqs.aspx

There are several situations in which you would report a name change to the FMCSA:

• 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 of ownership

• If you are transferring operating authority to another person
  • Cousin
  • Aunt/uncle
  • Step- or half-siblings (or other distant relatives)
  • Non-related persons
• If you are selling the company to a person who is not immediate family (spouse, sibling, children)

12.

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?

Yes. 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.”

13.

When will the URS’s biennial update compliance requirements take effect?

The compliance 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 following schedule:

14.

Why is FMCSA concerned about truck and bus drivers’ use of GPS navigation systems?

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.

15.

Does a motor carrier that participates in freight interlining have to register as a broker?

No. 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 broker registration.

16.

How do 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 commerce?

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

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

Interstate Commerce:

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

Intrastate Commerce:

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

Step 3: Provide your 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

17.

How do I get the SaferBus app and how much does it cost?

The 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.

18.

What 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.

19.

What applications must I register with the FMCSA to operate in Interstate (your vehicle or your cargo cross State lines) Commerce:

1. Private 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)
2. Authorized For-Hire motor carriers must submit:
   • The Motor Carrier Identification Report (MCS-150)
   • Proper application for Motor Carrier Operating Authority, (OP-1 series):
   In addition to the OP-1 Application, you must also submit the following to complete the application process before Operating Authority will be granted:
   • BOC-3 (Process Agents)
   • Proof of Liability and/or Cargo Insurance
3. 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

20.

Where can I find consumer information about moving household goods?

http://www.fmcsa.dot.gov/about/outreach/consumers/moving.htm

21.

What are your latest statistics on truck crashes?

In 2004:

• 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:

1998: 5,395
1999: 5,380
2000: 5,282
2001: 5,111
2002: 4,939
2003: 5,036
2004: 5,190

Injuries in large truck crashes:

1998: 127,000
1999: 142,000
2000: 140,000
2001: 131,000
2002: 130,000
2003: 122,000
2004: 116,000

Large Truck Drivers Injured in Crashes [Source GES]

2000: 25,000
2001: 24,000
2002: 21,000
2003: 23,000
2004: 23,000

22.

When 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.

23.

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.

24.

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?

Yes. 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.

25.

What 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:

1. Revocation of registration
2. Assessment of the civil and/or criminal penalties prescribed in 49 U.S.C. 521 and 49 U.S.C. chapter 149

26.

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

27.

Can we obtain apportioned tags from the FMCSA web site?

No. License plates and stickers are State matters, and you should contact your State vehicle registration office for the requirements.

You can find an index of state government agencies at http://www.usa.gov/Agencies/State-and-Territories.shtml

28.

I am 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.

29.

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.

30.

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?

Yes, 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.

31.

How can I obtain the latest research on truck and bus safety?

http://www.fmcsa.dot.gov/facts-research/research-technology/saftresearch.htm

32.

Why Is FMCSA requiring a Hazardous Materials Safety Permit?

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.

33.

Can CMV drivers be qualified while being prescribed Provigil (Modafinil)?

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.

34.

To whom does this rule apply?

The rule applies to IEPs and to motor carriers and drivers operating IME.

35.

What if I don’t have an iPhone or iPad? How can I access the safety information?

Please 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.

36.

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.

37.

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.

38.

How often do trucks crash into bridges or have other incidents related to the use of navigation systems intended for passenger car drivers?

FMCSA's 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.

39.

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.

40.

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 No. 15.

41.

What is the FMCSA vetting program and how long does it take?

The 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.

42.

What is the Unified Carrier Registration (UCR) system and how do I sign up?

Created by the Unified Carrier Registration Act of 2005 (UCR Act - 49 United States Code (USC) section 14504a), it replaces the former system for registering and collecting fees from the operators of vehicles engaged in interstate travel – the Single State Registration System (SSRS).

Carriers can apply for their UCR and find more information at http://www.ucr.in.gov/.

43.

How do I get a commercial driver’s license (CDL)?

FMCSA does not issue commercial drivers’ licenses; they are issued by the individual state driver licensing agencies (SDLA).

You can find background information on the commercial driver’s license program at http://www.fmcsa.dot.gov/registration-licensing/cdl/cdl.htm.

You can find an index of state government agencies at http://www.usa.gov/Agencies/State-and-Territories.shtml.

44.

Who is 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.

45.

I applied for household goods operating authority in error. Can I get a refund?

FILING 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.

46.

Drug 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?

No. 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 CFR 382.103(d).

47.

How do you complete the biennial update?

Biennial updates can be completed online, by mail, by phone, or by fax.

• Online: If your USDOT Number is active, you may update your registration online at http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm. Go to the “Register or Update Now without Help” section and click on “Online Registration without Help.”
• By mail: Once you have completed the MCS-150 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.
• 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.
• By fax: you can fax your completed form to 703-280-4003.

48.

May a commercial motor vehicle be penalized for failing to comply with a posted route restriction, such as a sign along a roadway?

Yes. 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 score.

49.

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.

50.

After I provide my State Driver Licensing Agency (SDLA) with my unexpired medical examiner’s certificate, do I still have to carry an original or copy of my medical examiner’s certificate?

Yes. 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.

51.

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.”

52.

How do 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.

53.

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 17, 2009.
IEPs must mark their IME by December 17, 2010.

54.

What is the difference between interstate commerce and intrastate commerce?

Interstate 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 and substances.

55.

Is the 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.

56.

How can I obtain information about a motor carrier, broker, or freight forwarder's application, insurance, and process agent?

http://li-public.fmcsa.dot.gov

57.

What Hazardous Materials require a Hazardous Materials 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 gallons])
  • 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.

58.

What do you say to drivers who think wearing a safety belt isn't going to prevent injuries if they are in a crash?

Safety 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.

59.

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 at www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-2005.htm.

60.

Is there a Web site 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

61.

What happens after a motor carrier begins operations as a new entrant?
(§ 385.307)

The new entrant’s roadside safety performance will be closely monitored to ensure the new entrant has basic safety management controls that are operating effectively.

62.

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 (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 is greater;
• 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).

63.

What 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:

1. 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
2. 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
3. Being involved in, through action or omission, a hazardous materials reportable incident, as described under 49 CFR 171.15 or 171.16, involving—
   1. A highway route controlled quantity of certain radioactive materials (Class 7)
   2. Any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3)
   3. Any quantity of certain poison inhalation hazard materials (Zone A or B)
4. 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
5. Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests
6. Operating a commercial motor vehicle without the levels of financial responsibility required under part 387 of this subchapter
7. 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:

1. Carrier has not had a safety audit or compliance review, FMCSA will schedule the new entrant for a safety audit as soon as practicable
2. 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
   1. 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
   2. 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

64.

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..

1. 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
2. OP-1(FF) - Application for Freight Forwarder Authority
3. OP-1(P) - Application for Motor Passenger Carrier Authority
4. 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
5. OP-2 - Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 1302.

65.

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.

66.

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?

The issue 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.

67.

How can I learn about the Share the Road Safely program?

http://www.sharetheroadsafely.org

68.

How many carriers are expected to need a Hazardous Materials Safety Permits?

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.

69.

What medical conditions disqualify a commercial bus or truck driver?

The 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.

70.

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) identification number;
• 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 deficiencies.

71.

What should I do with the medical examiner’s certificate beginning on January 30, 2014?

After 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 certification.

72.

What 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:

• Assembles 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.

73.

What is the penalty for failing to comply with a posted route restriction along a roadway?

The 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).

74.

How do I get my Personal Identification Number (PIN)?

FMCSA 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.

You 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.

75.

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?

No. 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, Question 2

76.

How do I change the company name for my motor carrier operating authority (OP-1 series)?

There is a $14 fee for a name change.

There are several ways to request a name change:

• 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 to:
  • 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 information 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 must supply the following credit card information:
  • Number
  • Name on the card
  • Credit card company name
  • Expiration date
  • 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 change
  • 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 name)

77.

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 effect.

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.

78.

Why 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.

79.

How 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.

80.

Random alcohol testing:
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?

The 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.

81.

Can 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:

• Online: If your USDOT number is active, you can begin the online update process at: http://www.fmcsa.dot.gov/registration-licensing/online- registration/onlineregdescription.htm. Go to the “Register or Update Now without Help” section and click on “Online Registration without Help.” This process requires a credit card for identification purposes (there is no charge).
• By mail: Once you have completed the MCS-150 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
• By fax: 703-280-4003.

82.

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

83.

What 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, CA.

84.

What 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?

Your 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.

85.

Why isn’t the bus company I am looking for appearing when I search? Does this mean they are not allowed to operate?

No, 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.

86.

Does this final rule change other requirements?

Yes. The final rule also adds inspection requirements for motor carriers and drivers operating IME.

87.

Is a release form required to be completed in order for the employer to legally keep the medical certification card on file?

No. 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 CFR 391.51(b)(7))

88.

What 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).

89.

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.

90.

When are Level VI inspections required to be performed for international shipments of highway-route-controlled quantities of radioactive materials?

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 Hazardous Materials Safety Permit program does not impose any new requirements in the area of performing Level VI inspections.

91.

Where can I find the latest information about safety programs?

http://www.fmcsa.dot.gov/safety-security/safety-security.htm

92.

What 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.

93.

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.

1. 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
2. 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
   1. 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
   2. 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:
      1. 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
      2. A new entrant that transports passengers in a CMV designed or used to transport more than 15 passengers (including the driver)
      3. A new entrant that transports hazardous materials in a CMV as defined in the definition of a “Commercial Motor Vehicle” in § 390.5

94.

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)

The 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:

95.

I am a Mexico-domiciled motor carrier. Do I need an MX number if I’m just crossing the U.S. border occasionally?

Yes, every Mexico-domiciled 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.

96.

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.

97.

How can I change the name and address of my business online?

https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option

98.

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

The Hazardous Materials 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.

99.

Does the USDOT have a regulation requiring working safety belts on commercial vehicles?

Yes. 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.

100.

What are the definitions of common, contract, and broker authorities?

Common carriers 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.

Both common and contract motor carriers of household goods are required to file liability (BI&PD) insurance and cargo insurance.

Brokers arrange for the transportation of property by authorized motor carriers. Brokers are required to file either a surety bond or trust fund agreement.

101.

What is the age requirement for operating a CMV in interstate commerce?

A person must be at least 21 years old to drive a CMV in interstate commerce.

102.

Must an IEP do this work itself, or may it contract with others?

An 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.

103.

Are there other reasons why a bus company name may not appear when I search?

If 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.

104.

What should I do when my medical certificate and/or variance is about to expire?

You 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 variance. (§ 391.51(b)(8))

105.

Does FMCSA require an interline carrier to obtain operating authority?

FMCSA requires 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.

106.

What tips is FMCSA providing for the safe use of GPS navigation systems?

• Select 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
• Follow 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

107.

How does the SaferBus app help me select a safer bus company?

By 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.

SaferBus 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.

108.

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.

109.

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 Administration (FMCSA))?

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.

110.

How do I change the company address for my motor carrier operating authority (MC number)?

There are three ways to submit your address change request:

• 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

111.

What 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 carry.

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

112.

How do I get an MC Number (operating authority)?

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.

• 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.

113.

Where can I check the status of my name change and address change?

You can check to see if a name change or address change has been completed at http://safer.fmcsa.dot.gov

• 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”

114.

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) .]

115.

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.

116.

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 CDL privileges.

117.

Does 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).

118.

Is getting a medical certificate mandatory for all CMV drivers in the United States?

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.

119.

What do you say to drivers who think wearing a safety belt is a personal decision and doesn't affect anyone else?

First, 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.

120.

Does the HM Safety Permit requirements apply to U.S. territories such as Puerto Rico?

Yes. The Hazardous Materials Safety Permit requirements are enacted under the authority of the Hazardous Materials Law, which applies to U.S. Territories.

121.

Where can I file forms and pay fees for registration, insurance, and fines?

www.fmcsa.dot.gov/forms/public/online.htm

122.

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.

123.

I am a Mexico-domiciled motor carrier. Do I need an MX number if I’m just going one or two miles into the U.S.?

Yes, every Mexico-domiciled 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 regardless of the distance traveled into the U.S.

124.

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.

125.

What is a Private motor carrier?

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.

126.

What is a Private motor carrier of passengers(business), and what is a Private motor carrier of passengers(non-business)?

Private 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).

127.

I don’t have my MX number yet, but I’m supposed to make a trip tomorrow. May I still make the trip?

No, a Mexico-domiciled 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.

128.

What 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:

1. Day 61 from the notice date for new entrants subject to § 385.319(c)(1)
2. Day 46 from the notice date for new entrants subject to § 385.319(c)(2)
3. If an extension has been granted under § 385.323, the day following the expiration of the extension date

129.

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.

130.

What must I do to start a trucking business?

http://www.fmcsa.dot.gov/registration-licensing/registration-overview.htm

131.

Are government entities covered under the Hazardous Materials Safety Permit Regulations?

No. Government entities do not fall under the definition of a motor carrier. Private contractors working for a government entity are considered motor carriers and are covered by the HM Safety Permit regulations.

132.

What are the latest statistics on CMV driver deaths in truck crashes in 2004?

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%).

133.

Are CMV drivers who operate in interstate commerce required to have a medical certificate?

Drivers are required to have a DOT Medical Certificate:

If they operate a motor vehicle with a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (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 commerce.

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

134.

If an IEP or a motor carrier has questions or concerns about information in its inspection or accident reports, how can it contact FMCSA?

IEPs and motor carriers may use FMCSA’s DataQ’s system to electronically file questions or concerns at http://dataqs.fmcsa.dot.gov.

135.

How can I get back my commercial driver’s license (CDL) privileges?

If 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

136.

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.

137.

Part-time drivers:
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.]

138.

Who needs to get a USDOT number?

In general, a USDOT Number is required if you are operating in interstate commerce and:

• 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.

139.

What 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.

140.

How do I get a USDOT number?

To get a USDOT number you must complete the MCS-150 form (Motor Carrier Identification Report) either online or by mail.

• 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 for identification purposes (there is no charge).
• By mail: Once you have completed the MCS-150 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
• By fax: 703-280-4003.

141.

Random testing:
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.]

142.

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.

143.

What do I need to do to reinstate my motor carrier operating authority (make my MC number active)?

You 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:

• Online: If you have a docket PIN you can request reinstatement online at https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option
• E-Mail: FMCSAReinstatements@dot.gov
• Fax: 202-385-2422
• Mail: You may send a written request (this may take 2-3 weeks)

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

144.

When 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.”

Many 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.

145.

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.

146.

If a motor carrier or an IEP believes that a party subject to these rules is violating them, what should it do?

The 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.

147.

What is the protocol if the Medical Examiner's Certificate gets damaged, lost or unreadable?

A copy 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.

148.

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.

149.

Are carriers required to have their communications plan and routing contact phone number in place during the phase-in period after 1/1/05 but before they file the MCS-150B?

No. Carriers are not required to comply with the permitting requirements before they apply for their Hazardous Materials Safety Permit during the phase-in period. FMCSA recommends companies set up these systems ahead of applying for their HM Safety Permit to make sure they work and will be in compliance once the permit is issued.

150.

How do I report safety violations?

http://www.1-888-dot-saft.com

151.

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:

1. 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.
2. 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 oil wells.

152.

May 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:

1. Be made to the Field Administrator of the appropriate FMCSA Service Center
2. Explain the error the new entrant believes FMCSA committed in its determination
3. Include a list of all factual and procedural issues in dispute and any information or documents that support the new entrant’s argument

FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issues(s) in dispute. If the new entrant does not attend the conference or does not submit the requested data, FMCSA may dismiss the new entrant’s request for review.

1. 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
2. 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.

1. 45 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(1)
2. 30 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(2)

153.

How long does it take to get an MX number, Certificate of Registration and USDOT Number?

The time it takes to obtain an MX number varies depending on the application submitted and the means by which 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 the process.
• 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 Pre-authorization 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. This process takes approximately 4 months.
• 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.

154.

I have 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?

The 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 remains 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/intl-programs/nafta-rules/Carriers-beyond-U-S-commercial-zones.aspx.

155.

May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? (§ 385.329)

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:

1. Submit an updated MCS—150
2. 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
3. Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved
<

1. Submit an updated MCS—150
2. Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved
3. Submit to a safety audit

156.

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.

157.

Where can I find carrier safety ratings, inspections, and accident summary data?

http://safer.fmcsa.dot.gov

158.

Do you offer temporary Operating Authority?

Temporary Operating Authority is only issued for national disasters or emergency situations.

159.

What 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.

160.

How 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.

161.

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.”

162.

How can I suspend, put my operating authority (MC number) on hold or voluntarily make it inactive?

You cannot suspend your operating authority, but you can revoke it voluntarily. To request a voluntary revocation, you must:

• 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)
  W63-105
  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.

163.

Investigative authority over service agents:
Does the Federal Motor Carrier Safety Administration (FMCSA) have authority to investigate consortiums/third-party administrators and other service agents?

Yes. FMCSA 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).]

164.

I have already booked tickets with a bus company that is not allowed to operate. What should I do now?

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.

165.

What are the benefits of the new URS rule?

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.

166.

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)?

A 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.]

167.

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 at: http://www.fmcsa.dot.gov/registration-licensing/print-forms/print- forms.htm.

You can submit the form in one of two ways:

• 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.

168.

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:

• Online: You can get a copy of your company safety profile at http://safer.fmcsa.dot.gov/CSP_Order.asp
• E-mail a request to foia@fmcsa.dot.gov

169.

How 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.

170.

I have questions about the safety information being displayed in the SaferBus app. Where should I go for help?

If 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.

171.

What does the symbol indicate?

A 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/.

172.

What happens if an IEP is found to be in noncompliance during a roadability review?

Although FMCSA 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.

173.

What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service? (§ 385.331)

A 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.

174.

Can a driver receive a hearing waiver?

Currently, there is no waiver program for hearing.

175.

How can I find out if my Operating Authority (active MC Number) has been issued? Can I get a faxed copy?

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.

176.

How can I obtain a motor company's safety profile?

http://safer.fmcsa.dot.gov

177.

How is the "Top 30%" OOS, Hazmat violations, and crash ratings calculated?

The "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 Hazardous Materials.

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.

178.

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.

179.

I have two companies, one domiciled in the U.S. and one domiciled 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 $300 application fee for each application.

180.

I read in the paper that the border was opened to Mexico-domiciled trucks. Does this mean that all Mexico-domiciled trucks can go anywhere in the U.S. that they want?

Not all of the provisions of the North American Free Trade Agreement (NAFTA) have been implemented, so, no, a Mexico-domiciled motor carrier cannot simply send trucks across the border and travel anywhere in the U.S. The Mexico-domiciled motor carriers must apply and receive the proper operating authority issued by FMCSA. Travel beyond the U.S. commercial zones is only available by applying to participate in the U.S.-Mexico Cross-Border Long-Haul Pilot Program, which is scheduled to close in October 2014.

181.

What is the difference between interstate commerce and intrastate commerce?

1. 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 motor vehicles.

2. 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.

182.

What are carriers required to do to obtain and keep a Hazardous Materials Safety Permit?

Carriers 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 (according to section 49 CFR Part 172, Subpart I) and associated training (according to section 49 CFR 172.704(a)(4) & (a)(5)) 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 (currently required)
• 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.

183.

Where can I find statistics and analysis regarding the truck and bus industry?

http://ai.fmcsa.dot.gov

184.

How 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.

185.

Can I operate outside of my base State now that I have applied for Operating Authority?

If 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.

186.

When 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.

187.

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.

188.

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.

189.

What revisions have been made to § 395.1(k), the hours-of-service exception available for agriculture-related transportation?

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. Eligible transportation includes:

• 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.

190.

I submitted my application for a name change and paid the fee online, but my company profile information still is not changed.

A 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.

191.

Substance abuse professionals (SAP):
How do I find U.S. Department of Transportation (DOT)-qualified SAPs in my area?

Employers 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.]

192.

Pre-employment testing:
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?

If 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.]

193.

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.

194.

How 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" target="_blank"https://dataqs.fmcsa.dot.gov.

195.

What 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.

196.

How should IEPs mark their IME?

Each 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).

197.

How does a motor carrier apply for a safety permit? (§ 385.405) Application form(s). (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.

Application form(s).

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

198.

What 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.

199.

What is a waiver? An exemption?

A 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.

200.

How do I obtain a USDOT Number?

www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdescription.htm.

201.

What 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.

202.

Where 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.

203.

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.

204.

What happens if I operate without authority?

A number of things could happen if you operate without authority. Regulations found at 49 CFR 392.9a(b) require 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.

205.

What is the commercial zone?

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 instructions have a list of the border crossings and associated commercial zones.

206.

How do I apply for a Hazardous Materials 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.

207.

What 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.

208.

Where can I find information about the transportation of Hazardous Materials?

http://hazmat.dot.gov

209.

Will my employer have access to my medical evaluation?

Although 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: 1-866-627-7748.

210.

I perform both For-hire and private carriage. Will I be able to operate once I get my USDOT Number?

Once 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).

211.

Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA? (§ 385.421)

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)).

212.

How does the rule change part 385, Safety Fitness Procedures?

The 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.

213.

What is a “covered farm vehicle” (CFV)?

As defined in § 390.5, a “covered farm vehicle” (CFV):

• 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,
  
  
• Transports 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
  Either
  • 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.

214.

What documents must I register with the FMCSA to operate in interstate commerce?

In 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

To download the appropriate form, go to: http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm

215.

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.

216.

Substance 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 CFR 40.295.]

217.

Follow-up testing:
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 CFR 40.307(e).]

218.

I am 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

219.

What sections of the Federal Motor Carrier Safety Regulations (FMCSRs) do not apply to a “covered farm vehicle” (CFV) and its operator?

A “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)
  
  
• Part 391 (Subpart E - Physical Qualifications and Examinations)
  
  
• Part 395 (Hours of Service of Drivers)
  
  
• Part 396 (Inspection, Repair, and Maintenance)

220.

What does it mean if the company has a particular BASIC status of “inconclusive” or “insufficient data”?

“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.

221.

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.”

222.

Where can I obtain information about Federal safety regulations and interpretations?

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.htm

223.

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.

224.

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.

225.

When do I need to have my HM Safety Permit?

AFTER JANUARY 1, 2005, registered motor carriers that are required to have a Hazardous Materials 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).

226.

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.

227.

What 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.

228.

May a Mexico-domiciled carrier lease its equipment to a U.S. company for operations in the United States?

A Mexico-domiciled motor carrier may lease its equipment to a U.S. motor carrier only for operations wholly 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. If found engaged in activities beyond the scope of the regulations, the Mexico-domiciled motor carrier risks loss of its existing U.S. operating authority and fines.

229.

Is Anhydrous Ammonia covered under the Hazardous Materials Safety Permit Program?

Yes. 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).

230.

May 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 off-duty.

Prior Regulatory Guidance (§ 395.1 Question 19) on this subject no longer applies to property-carrying drivers.

231.

What 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)

232.

What do I need to do to reinstate my Operating Authority (make my MC Number active)?

You can 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.

233.

Who signs the medical certificate?

The Medical Examiner who performs the medical examination must sign the Medical Certificate.

234.

How does the rule change part 390, Federal Motor Carrier Safety Regulations, General?

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 carrier.
• 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).

235.

Are there overlapping exemptions available for the operation of some commercial motor vehicles for agricultural purposes?

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.

236.

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.

237.

I have found consumer information about bus companies on other search engines. Is the SaferBus app the same as these?

Popular 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.

238.

I am having difficulty with technical aspects of the SaferBus app. Where should I go for help?

Please send an email to SaferBus@dot.gov.

239.

What 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 CFR 390.5):

• 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

240.

How does this rule affect provisions related to commercial driver’s licenses (CDLs)?

Under 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.

241.

How 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;
• Tires;
• Coupling devices;
• Rails or support frames;
• Tie down bolsters;
• Locking pins, clevises, clamps, or hooks; and
• Sliders or sliding frame lock.

242.

Who is required to have a copy of the Medical Certificate?

Section 391.43(g) requires 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.

243.

What forms do I complete to become a broker?

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).
Application Processing 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.

244.

How can I locate the nearest field office?

http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp

245.

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.

246.

Are shipments of LPG covered under the Hazardous Materials Safety Permit Program?

No. Only shipments of flammable gas containing at least 85% methane content are covered by the HM Safety Permit program.

247.

Can a U.S. company lease its equipment to a Mexico-domiciled company for operations in the United States?

Yes, there is no prohibition against a U.S. company leasing its equipment to a Mexico-domiciled company for operations in the United States. The company would need to comply with the leasing regulations in 49 CFR 376, Subpart B, and comply with the limitations of the Mexico-domiciled motor carrier’s authority to operate in the United States.

248.

Can a Mexico-domiciled carrier lease its equipment to another Mexico-domiciled company for operations in the United States?

Yes. They would need to comply with the leasing regulations in 49 CFR 376, Subpart B.

249.

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.

250.

How would you summarize the 100 air-mile radius HOS provision in § 395.1(e)(1)?

The 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.

251.

Why 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.

252.

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.

253.

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.

254.

Who should I contact if I have further questions?

For 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.

For 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.

255.

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).

256.

What 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 insurance
• 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

257.

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.

258.

Is Narcolepsy disqualifying?

The guidelines recommend disqualifying a CMV driver with a diagnosis of Narcolepsy, regardless of treatment because of the likelihood of excessive daytime somnolence.

259.

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 is permissible if you comply with the requirements under Section 376.11.

260.

May a "100 air-mile radius" driver utilize the "16-hour duty period" exception in Part § 395.1(o)?

Yes. 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.

261.

Once a Mexico-domiciled carrier has submitted an application, can it begin operating in the U.S.?

No, the carrier must wait until it receives the Certificate of Registration for commercial zone operations or an Operating Authority for operations beyond the commercial zone. Until such documentation is issued, the carrier may not operate.

262.

May a Mexico-domiciled carrier operate in the U.S. with a copy of the completed OP-2 application in the vehicle and be in compliance with the regulations?

No, that is not sufficient. The requirement is for the carrier to have on board the vehicle a copy of the complete Certificate of Registration or Operating Authority.

263.

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.

264.

Now that I have determined that I will be operating in interstate commerce, what do I need to do to begin?

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.

265.

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.

266.

Does the rule preempt State and local laws and regulations on the inspection, repair, and maintenance of IME?

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.

267.

What 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).

268.

What is a private motor carrier of passengers (business) and what is a private motor carrier of passengers (non-business)?

Private 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). (49 CFR 390.5)

269.

Will 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.

270.

How can I suspend or put my Operating Authority (MC Number) on hold?

The 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.

271.

Who can serve as a Medical Examiner and perform DOT physical exams?

Federal 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.

272.

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.

273.

Does 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. FMCSA requires that the carrier have the complete Certificate of Registration available for inspection.

274.

I am a Mexico-domiciled carrier and 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?

Yes, the size or type of the vehicle is irrelevant if the vehicle is transporting freight in commerce from Mexico to the U.S.

275.

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.

276.

Can you transfer Operating Authority (MC Number) on the Web site?

No. Transfer 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 you.

277.

Can a driver be qualified if he is taking Methadone?

No. CMV drivers taking Methadone cannot be qualified.

278.

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.

279.

What is an exempt for-hire (exempt commodities) motor carrier?

An 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.

For a partial listing of exempt and non-exempt commodities, please refer to Administrative Ruling 119.

280.

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 property broker.

281.

Does this new rule apply to IEPs in Puerto Rico, the U.S. Virgin Islands, or other Territories?

The 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.

282.

Can I apply for an exemption from the hypertension standard?

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

283.

I share 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.

284.

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.

285.

I have 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 marking requirement exists for display of either the MX number of the Mexico-domiciled carrier or the MC number of the U.S. carrier. The vehicle must be marked in accordance with 49 CFR 390.21(a) that requires the legal name or a single trade name of the motor carrier operating the self-propelled CMV, and the identification number issued by FMCSA to the motor carrier preceded by the letters “USDOT.” For the Mexico-domiciled motor carrier, the USDOT identification number must be followed by either the distinctive “X” denoting commercial zone operations or the “Z” denoting operations beyond the commercial zone, depending on the type of authority the company has received.

If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the legal name or a single trade name of the motor carrier operating the self-propelled CMV, the identification number issued by FMCSA to the motor carrier preceded by the letters “USDOT and be preceded by the words “operated by”.

286.

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.

287.

Where do I go to find out if a company has interstate Operating Authority (active MC Number)?

The 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.

288.

What 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 examination.

289.

Does an IEP located outside the United States need to mark IME that will be operated in the United States?

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.

290.

Does FMCSA offer temporary operating authority?

Temporary operating authority is granted only for national disasters or emergency situations.

291.

How can I find out if my operating authority (active MC number) has been issued (granted)? Can I request a copy?

To check whether your operating authority has been issued(granted), go to http://li-public.fmcsa.dot.gov

• 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

292.

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?

The Form MCS-150C requires a "Principal Address," which is where the company's safety records are maintained. FMCSA will use this address for on-site visits to intermodal equipment providers for the purpose of conducting roadability reviews. It seems likely that the records required by § 396.12 and other provisions of the 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.

293.

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.

294.

If 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?

Medical 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.

295.

May a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?

As 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.

296.

I have a bus company in Mexico and I want to provide service to all areas in California and to Las Vegas, NV. Do I need Operating Authority, and how long will it take to get 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 are implemented.

297.

How do I change the type of authority I have (for Mexico-domiciled carriers)?

Once an MX Number has been issued and an Operating Authority or Certificate of Registration has been granted, you would need to submit a new OP-1(MX) (for U.S. long-haul operations) or OP-2 (for U.S. commercial zone-only operations) application and pay the $300 fee that is indicated on the application to obtain another Operating Authority. Registration forms can be found at http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm.

298.

When 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.

299.

Is Sleep Apnea disqualifying?

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.

300.

Will 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.

301.

Must a driver complete a written pre-trip inspection form for intermodal equipment?

Although § 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 the FMCSRs.

302.

Can I operate outside of my base state now that I have applied for operating authority?

You 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.

303.

I perform both for-hire and private motor carrier operations. Will I be able to operate once I get my USDOT number?

Once 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).

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.

• 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

304.

Why does the rule refer to intermodal equipment and trailers, rather than by the common term "chassis?"

Although 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.

305.

How do I change my address?

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.

306.

May I request reconsideration if I am found not qualified for a medical certificate?

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.

307.

Does any period of 34 consecutive hours off-duty automatically restart the calculation of the 60/70-hour on-duty period?

Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour calculation.

308.

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: http://www.fmcsa.dot.gov/registration-licensing/print-forms/print-forms.htm.

309.

A driver with residence in Mexico drives for a U.S. company. Does that driver need a state-issued commercial driver’s license?

No, the driver may hold a valid license for the type of vehicle operated that is issued by the Mexico’s Secretaría de Comunicaciones y Transportes (SCT). Licensing is not dependent on place of employment.

310.

If 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?

No. Performing compensated work for a person not a motor carrier is considered on-duty time, which would interrupt the 34-hour period.

311.

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

312.

I am 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 at http://safer.fmcsa.dot.gov.

313.

If 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?

No. 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).

314.

Why was my operating authority application dismissed? How can I have it “undismissed?”

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 never granted.

To have your operating authority undismissed you must:

• Be in compliance with insurance and Form BOC-3 requirements
• Fax a written request for undismissal to 202-366-3477, ATTN: Licensing
• Include the following information:
  • Company MC number
  • Company name
  • Statement requesting that your operating authority be undismissed

315.

Why are brokers not listed by MC numbers at the SAFER website, http://safer.fmcsa.dot.gov?

The 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.

316.

In 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.

317.

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?

You can call our toll-free number at 1-800-832-5660 to have the information corrected.

318.

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?

This 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.

319.

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.

320.

Are “Records of Duty Status” required for Mexico-domiciled drivers of commercial vehicles, when operating in Mexico?

Mexico-domiciled drivers are not required by Mexico to prepare Records of Duty Status while operating in Mexico but they are subject to hours of service limitations and must record their hours of work. The Secretaría de Comunicaciones y Transportes (SCT) regulates motor carrier operations in Mexico. You might want to consult the SCT web site for more information on hours of service and record keeping while in Mexico: http://www.sct.gob.mx.

321.

Must a driver from Mexico have a record of duty status available for inspection when operating in the United States?

Yes, a driver from Mexico is subject to the same record of duty status requirements as any other driver operating in the United States.

322.

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.

323.

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.

324.

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).

325.

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.

326.

I share 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 authority.

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?”

327.

If 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?

If 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.

328.

Where 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.

329.

How soon may a driver be certified after coronary artery bypass grafting (CABG) surgery?

The 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

330.

How 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.

331.

I want to deliver freight into the interior of Mexico. What do I need?

The Secretaría de Comunicaciones y Transportes (SCT) regulates truck traffic in Mexico and it has established a program to allow U.S. motor carriers to provide long haul trucking services. The requirements for registering and contact information may be found at http://www.sct.gob.mx.

332.