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FMCSA Regulation FAQs


In the world of commercial driving, staying informed and compliant with regulations is crucial to ensuring safety and efficiency on the road. Whether you're a seasoned driver or new to the industry, understanding the intricacies of Federal Motor Carrier Safety Administration (FMCSA) regulations can make a significant difference in your operations. From ensuring proper paperwork is retained in vehicles to knowing the responsibilities associated with cargo security, navigating these regulations can be daunting. In this blog post, we’ll break down essential topics such as leasing vehicles, compliance responsibilities, and the implications of medical conditions on your ability to drive. Join us as we explore the key points you need to be aware of to keep yourself, your cargo, and your career on the right track.

In this issue:​​

  • FMCSA Question and Answers.

Read, share, and/or print this week's Safety Bulletin.​​​​
Check out past Idealease Safety Bulletins.​​​​

What paperwork needs to be retained in the vehicle for the units I have leased from Idealease to verify that they are rented or leased vehicles?

Answer: If the vehicle is subject to Federal Motor Carrier Safety (FMCSA) regulations (greater than 10,000 lbs. MGVWR), then documentation is required to be in the unit for the duration of the lease or rental.

Lease vehicles are subject to FMCSA regulation CFR 376.11(c), which states that a copy of the lease or a certified statement of lease with the required information must be kept in the unit during the lease period.

Rental vehicles are subject to FMCSA regulation CFR 390.21(e)(2)(iv), which states that a copy of the rental agreement must be carried in the unit for the duration of the rental.

If my driver, who is following ELD regulations, experiences a breakdown in their commercial vehicle and needs to use a rental unit, what ELD exemptions apply that would permit them to use paper logs while operating the rental?

  1. Drivers operating a rental vehicle for 8 days or fewer (must present FMCSA exemption letter if asked).
  2. Drivers using paper logs for up to 8 days within any 30-day period.
  3. Drivers conducting driveaway-towaway operations, where the vehicle being delivered is the product.
  4. Drivers of vehicles made before the 2000 model year.
  5. Drivers under the short-haul logbook exception (150 air-mile radius), complying 22 days in a rolling 30-day period.
  6. Intrastate operations (confirm with your state’s carrier enforcement agency).

I'm currently utilizing a driver leasing service. Who holds responsibility for ensuring compliance with Federal Motor Carrier regulations?

Answer: Driver services and leasing companies aren't considered motor carriers, so they aren't responsible for following FMCSA regulations. While they can help with tasks like driver qualification files and road tests under the motor carrier's direction, the motor carrier is still ultimately responsible for any compliance issues with FMCSA regulations.

driver

As a driver, am I responsible for ensuring that the cargo in my truck is properly secured even if I did not load it?

Answer: YES. FMCSA Regulation CFR 392.9(a)(1) states:

A driver may not operate a commercial motor vehicle—and a motor carrier may not require or permit a driver to operate a commercial motor vehicle—unless the cargo is properly distributed and adequately secured as specified in §§393.100 through 393.142.

Do I need a CDL to operate that truck?

Answer: The regulations addressing this question are found in FMCSA CFR 383.3.

  • 383.3 Applicability:

(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.

A Commercial Motor Vehicle (CMV) for this regulation is defined as a motor vehicle or combination of vehicles used in commerce to transport passengers or property if the vehicle:

(a) Has a GCWR of 11,794 kg (26,001 lbs) or more, inclusive of a towed unit(s) with a GVWR of more than 4,536 kg (10,000 lbs); or

(b) Has a GVWR of 11,794 kg (26,001 lbs) or more; or

(c) Is designed to transport 16 or more passengers, including the driver; or

(d) Is of any size and is used to transport hazardous materials as defined in this section.

What can disqualify a driver from getting approval for a Hazardous Materials endorsement during the Security Threat Assessment?

Conviction of any of the following crimes will disqualify a driver from being eligible for a hazmat endorsement:

  • Terrorism
  • Assault with intent to murder
  • Murder
  • Espionage
  • Sedition
  • Kidnapping or hostage-taking
  • Treason
  • Rape or aggravated sexual abuse
  • Extortion
  • Robbery
  • Arson
  • Bribery
  • Smuggling
  • Immigration violations
  • RICO violations
  • Unlawful possession, use, sale, distribution, or manufacture of an explosive device, firearm, or other weapon
  • Distribution, intent to distribute, possession, or importation of a controlled substance
  • Dishonesty, fraud, or misrepresentation (including identity fraud)
  • Crimes involving a severe transportation security incident
  • Improper transportation of a hazardous material
  • Conspiracy or attempt to commit any of these crimes

Drivers looking to renew or obtain a Hazardous Materials endorsement are required to undergo a Security Threat Assessment. It is advisable for them to start this process 90 days prior to their license expiration.

To start the process, visit:

https://www.tsa.gov/for-industry/hazmat-endorsement

What do FMCSA regulations state about a driver with a valid medical certificate who develops a medical condition that could impair their ability to safely operate a commercial motor vehicle?

Drivers are not allowed to start or continue driving a commercial motor vehicle (CMV) if they are fatigued, ill, or otherwise unable to drive safely. Even if they have a valid medical certificate, they can't drive if they develop a disqualifying medical condition. Once that condition is resolved, they need to get re-certified by a Medical Examiner before they can drive a CMV again.

Reference: FMCSA CFR 391.45

Is an employer required to check the Drug and Alcohol Clearinghouse for a driver-applicant under 49 CFR Part 382 before giving a road test as per 49 CFR 391.31?

Answer: An employer does not have to conduct a pre-employment Clearinghouse query before a road test. According to §382.701(a), this query is only necessary when hiring a driver for safety-sensitive roles. Since the road test happens before the driver is officially hired, employers can choose to conduct the query then, but it's not mandatory.

How do Medical Examiners differ from Medical Review Officers?

A Medical Review Officer (MRO) is a licensed doctor who reviews drug test results from an employer's program and assesses any medical reasons for those results. For more details, check the following source:

http://www.dot.gov/ost/dapc/mro.html

A Medical Examiner is a person licensed, certified, or registered under state laws to perform physical examinations. This includes, but is not limited to:

  • Doctors of medicine
  • Doctors of osteopathy
  • Physician assistants
  • Advanced practice nurses
  • Doctors of chiropractic

To find a certified medical examiner:

https://nationalregistry.fmcsa.dot.gov/home

*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards




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