Road Check 2023

Road Check 2023 is May 16-17-18. Be sure all drivers’ credentials and all truck permits and equipment are in compliance.

Dismissed ICC Rule Change

Effective August 1, 2023 FMCSA will no longer accept requests to un-dismiss Interstate Operating authority applications. An application is dismissed if the motor carrier fails to file the required insurance with the FMCSA within 90 days. After August 1 all dismissed applicants will have to refile for their operating authority and pay the $300 application fee again if they wish to secure their interstate operating authority. If you have an interstate operating authority application currently in a "dismissed" status call us @ 1-877-722-8059 or click here to have Permits Plus Inc file to have your application reinstated.

CDL Driver 150 Air Mile Log Exemption

The '150 air mile' rule exempts a driver with a commercial driver's license from completing a daily log and having supporting documents within 150 air miles of their daily starting location.

The driver must go off-duty within 14 hours of his or her start time and must report to the same work location every day in order to qualify. This driver must also comply with the 11-hour maximum of driving time during the 14-hour period.

Furthermore, the driver of a property-carrying commercial vehicle must also have at least 10 consecutive hours off before starting their next on-duty period. Whereas a driver of a passenger-carrying commercial vehicle must take at least 8 consecutive hours off before starting their next on-duty period.

Pre-employment Clearinghouse change starting January 6, 2022

Beginning January 6,2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective CDL driver's previous drug and alcohol program violations, as established by 49 CFR 391.23(e).

Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years. Currently, this requires employers or their designated consortia/third-party administrators (C/TPAs) to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame.

Beginning January 6, 2023, when three years of violation data is stored in the Clearinghouse, prospective employers must not conduct manual inquiries. In accordance with 382.413(b) and 391.23(e)(4), beginning January 6, 2023, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in 382.701(a), to comply with the inquiry requirement in 391.23(e) as it pertains to FMCSA-regulated employers.

NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii), since this information is not reported to the Clearinghouse.

New Connecticut Highway Use Fee
effective January 1, 2023

As of January 1, 2023, a Highway Use Fee will be imposed on certain carriers operating multi-unit motor vehicles on any highway in Connecticut. Carriers required to register for the CT Highway Use Fee must do so by January 1, 2023.

The first monthly Highway Use Fee Return is due by February 28, 2023. Tax filings will be required to be filed on a monthly basis. Permits Plus Inc will be providing a tax filing service if needed. For more information on who must register click here.

Chain of Custody Forms

Drug and Alcohol Testing Chain of Custody Forms are a required part of the DOT drug and alcohol testing process. A copy of these forms MUST be kept by motor carriers for 5 years along with their corresponding Drug and/or Alcohol Test Results. DOT auditors may ask for them during an audit.

UCR 2023 Fees

UCR 2023 fees as listed in the Sept. 1st Federal Register filing.

Personal Conveyance

"A driver may record time operating a commercial motor vehicle for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the motor carrier at that time. Personal conveyance does not reduce a driver's or motor carrier's responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden."

Annual Certification Change

Effective May 9th, 2022, drivers will no longer be required to complete an annual certification of violations form as part of the annual review process.

Free Tool: Calculate Time For US DOT Number Bi-Annual Update

Federal Regulations mandate that all USDOT numbers must be updated every 2 years. To see when you must update your USDOT Number, click the link below:

Free Tool: Calculate when you must complete a US DOT Number Bi-Annual Update

Click here to have Permits Plus file your Bi Annual Update

FMCSA's Pending Medical Exam Forms

Changes are still pending for FMCSA's new medical exam forms. In the meantime, medical examiners, drivers, and motor carriers should continue to use the forms dated 11/30/2021.

Pandemic Emergency hours-of-service waiver extended

The FMCSA has extended its pandemic emergency hours-of-service waiver through the end of February, as well as CDL and medical card waivers.

See the full waiver here: FMCSA Waiver

FMCSA to add rear guards to annual inspections

The Federal Motor Carrier Safety Administration will add rear impact guards to the list of items that must be inspected annually for commercial motor vehicles. The new rule will go into effect on Dec. 9, 2021.

New rules for entry-level CDL driver training will start on February 7, 2022

Drivers will need to pass required classroom and behind-the-wheel training from an FMCSA-registered training provider before:

• Obtaining a Class A or Class B commercial driver's license (CDL) for the first time;
• Upgrading an existing Class B CDL to a Class A CDL; or
• Obtaining a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.

Drivers will still be able to take the knowledge test needed to obtain a commercial learner's permit (CLP) without entry-level training, but will need training before taking a CDL or endorsement skills test. For more on this new training requirement click on the link below:

https://www.fmcsa.dot.gov/registration/commercial-drivers-license/entry-level-driver-training-eldt

Drug Testing

A commercial driver is required to go through the DOT return-to-duty process if they tested positive on a DOT drug test, failed a DOT alcohol test or refused a DOT-required drug or alcohol test.

Before renewing your NYS HUT you must:

1) Pay all NYS related taxes including personal income tax, Highway Use taxes, IFTA, sales tax and withholding taxes. A NYS HUT renewal will not be issued if you owe NYS taxes.

2) File all delinquent NYS HUT tax returns.

3) Make sure your vehicle registration information is current and accurate.

4) You will need an active USDOT# and NYS taxpayer identification number

For assistance with your USDOT# or delinquent HUT tax filings call 1-877-722-8059. Use the following link https://www.nypermitsplus.com/nyHutNew for Permits Plus online HUT renewal application.

Medical Card Ruling Delayed Three More Years

The FMCSA has delayed parts of the Medical Examiner's Certification Integration Rule. FMCSA has pushed the implementation date to June 23, 2025. For the next three years, drivers and motor carriers should continue operating as they have been with no changes to their DOT Physical or medical card process. Drivers should continue to carry a copy of their DOT medical card when they are operating a commercial motor vehicle.

Connecticut Truck Mileage Tax Signed Into Law

A bill to impose highway user fees on Class 8 through Class 13 trucks in Connecticut has been signed into law.

Starting Jan. 1, 2023, tax rates are scheduled for trucks starting at 26,000 pounds. Rates per mile will range from 2.5 cents per mile to 10 cents per mile based on the trucks gross vehicle weight.

Specifics on how this new tax will be implemented are not available at this time but we will be advising you as more information becomes available.

CDL Waivers Extended

FMCSA announced on Wednesday, May 26, that it was extending waivers on CDLs and medical certificates through Aug. 31. The waivers were initiated in response to the COVID-19 national emergency declaration on March 13, 2020. Click here to read the complete waiver.

Entry Level Driver Training

Mandatory Entry Level Driver Training is slated to start February 7, 2022. For more information: https://tpr.fmcsa.dot.gov

The Commercial Vehicle Safety Alliance (CVSA) Annual Road Check

The Commercial Vehicle Safety Alliance (CVSA) annual road check is to take place Tuesday, May 4 through Thursday, May 6 2021.

This year, inspectors' priorities will be lighting and hours of service compliance. As for hours-of-service enforcement, inspectors will look at drivers' consecutive hour and consecutive day limits, driving breaks, sleeper berth breaks, adverse driving condition exemptions and air-mile radius exemptions.

Lighting inspections will include headlamps, turn signals, and tail, clearance, license plate, side marker, and stop lights. Inspections will include checking for proper color, operation, mounting and visibility. The condition and location of reflectors and retroreflective sheeting will be inspected, as well.

Inspectors will also be looking for any critical vehicle inspection item violations - including brake systems, cargo securement, coupling devices, driveline components, steering, exhaust and fuel systems, tires, wheels, and windshield wipers. Non-compliant vehicles will be put out of service. Those that successfully pass inspection will receive a CVSA inspection decal.

CDL & Medical Card Renewal Extensions

Effective March 1, 2021, FMCSA will permit, but will not require, States to extend the validity of commercial driver's licenses (CDLs) and commercial learner's permits (CLPs) and to waive the 14-day waiting period and grants other waivers from certain regulations applicable to interstate and intrastate CDL and CLP holders and to other interstate drivers operating commercial motor vehicles (CMVs). FMCSA has initiated this action in response to the March 13, 2020 declaration of a national emergency under 42 U.S.C. 5191(b) and the public health emergency declared on January 31, 2020 related to the coronavirus disease 2019 (COVID-19). The Agency issued similar waivers on March 24, June 15, September 18, and December 15, 2020. DATES: This waiver is effective March 1, 2021 and expires on May 31, 2021 or upon the revocation of the Declaration of National Emergency under 42 U.S.C. 5191(b) concerning the COVID-19 public health emergency, whichever is sooner.

The complete order from the FMCSA is available here: View complete FMCSA order

The FMCSA Drug & Alcohol Clearinghouse

The FMCSA Drug & Alcohol Clearinghouse provides the ability for a motor carriers to see whether a new hire has a history of drug and alcohol violations. No longer will a driver be able to easily hide a drug violation by not providing their full employment history. (Read more click here)

Over the next two years, the DACH will help the safety performance history investigation process by allowing motor carriers to check the FMCSA Clearinghouse for prior drug and alcohol violations rather than relying on information from past employers.

• Until January 7, 2023, employers will need to check both the FMCSA Clearinghouse for a new hire’s drug and alcohol violations AND contact the driver’s employers from the past three years regarding their Drug & Alcohol violations history.
• After January 7, 2023, employers can rely solely on information in the Clearinghouse.
• Employers will still need to contact prior employers about other violations. Accidents and other moving violations won’t be recorded in the FMCSA Clearinghouse so prior employer verification will still be necessary.

Updated COVID-19 Exemptions - December 2020

On December 1, 2020, the emergency declaration that created the COVID-19 exemptions was updated and extended until February 28, 2020.  For more details go to: https://www.fmcsa.dot.gov/emergency/expansion-and-extension-modified-emergency-declaration-no-2020-002-under-49-cfr-ss-39025

FMCSA's Clearinghouse

Motor Carriers have informed us that they are experiencing difficulties registering for FMCSA's Drug & Alcohol Clearinghouse. FMCSA's Clearinghouse website lists 1-800-724-2811 as the number to call for those who need assistance.

Agricultural Transportation

Drivers transporting agricultural commodities, including livestock, from the source of the commodities to a location within 150 air miles of the source, during harvest and planting seasons, are exempt from the hours-of-service requirements. In addition, the hours-of-service requirement for a 30-minute rest break does not apply to drivers transporting livestock in interstate commerce while the livestock are on the commercial motor vehicle.

Definition of 'Agricultural Commodity'

FMCSA Clarifies Definition of 'Agricultural Commodity' for Drivers Hours of Service Regulations. To view the Interim Final Rule click here: https://www.fmcsa.dot.gov/regulations/hours-service/hours-service-drivers-definition-agricultural-commodity-0

Owner Operator Query Deadline

The deadline for owner-operators operating under their own authority to run their first query with FMCSA's Drug & Alcohol Clearinghouse is Jan. 5. Owner-operators are required to conduct queries on themselves.

Personal Conveyance

Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the motor carrier at that time. Personal conveyance does not reduce a driver's or motor carrier's responsibility to operate a CMV safely.

CVSA Road Check 2020 will run from Sept. 9 thru Sept 11 2020.

FMCSA will exercise its enforcement discretion to not take enforcement action for the following: Expired CDL, CLP, Non CDL drivers' license and medical certification. This enforcement discretion shall expire 6-30-20.

1. 49 CFR 383.23(a)(2) - a CLP or CDL holder operating a CMV with an expired license, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020.

2. 49 CFR 383.37(a) -a motor carrier that allows a CLP or CDL driver to operate a CMV during a period in which the driver does not have a current CLP or CDL, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020.

3. 49 CFR 391.11(b)(5) - a CMV driver (i.e., CLP, CDL, or non-CDL license holder) or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver's operator license has expired, but only if the driver's license was valid on February 29, 2020, and expired on or after March 1, 2020, and the driver is otherwise qualified to drive under 391.11.

4. 49 CFR 391.45(b) - a CMV driver or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver does not have the current medical certificate as required by 49 CFR 391.45(b), but only if the driver has evidence of a medical certification that was valid on February 29, 2020 and expired on or after March 1, 2020.

FMCSA Emergency Declaration
Temporary Operating Authority

An expanded Emergency Declaration has been declared by the FMCSA which provides regulatory relief to truck drivers providing direct assistance in transporting emergency items. To view the Emergency Declaration click on the link below:
FMCSA EXPANDED EMERGENCY DECLARATION

One of the provisions of the Expanded Emergency Declaration issued by the FMCSA is an option for Temporary (Interstate) Operating Authority. This operating authority will only apply to motor carriers providing direct assistance supporting emergency relief efforts transporting supplies and equipment. For more information on applying for Temporary Operating Authority call us at 1-877-722-8059. To apply for Temporary Operating Authority click here to Apply for Temporary Operating Authority.

Ohio has issued a Special Blanket Permit for highways and bridges maintained by the Ohio Department of Transportation. This special permit will allow carriers providing direct assistance in transporting emergency items. There are no fees for this permit. Be sure to also print out form OS 1/A 1/18 which must accompany each of these Special Blanket Permits in every power unit utilizing these permits. BOTH LINKS BELOW are needed to print out these two required forms.
Download Ohio Special Blanket Permit
Download Ohio Form OS 1/A 1/18

Compliance Corner Reminder

The FMCSA CDL Drug and Alcohol Clearinghouse has been plagued by problems. If you are having trouble registering the FMCSA has suggested that if you are hiring a driver and cannot conduct a full query on the driver applicant, to continue using the current process of sending a Performance History Record Request (Background Check) to all qualifying previous employers (which must be done until 2023 whether or not you are able to conduct a full query on the DACH) and then follow up with a clearinghouse query once you are able to access your clearinghouse account. Be sure to note on all returned previous employer background checks the reason for the delayed query for each driver applicant.

Random Drug Testing Change

Effective January 1, 2020 the minimum annual random drug testing rate for CDL drivers has been raised from 25%to 50%. The minimum annual random test rates for alcohol will remain at 10%.

Compliance Corner Reminder

The FMCSA CDL Drug and Alcohol Clearinghouse portal is now accepting registrations. Motor carriers employing CDL drivers will need an account to perform the required investigations of drivers via the clearinghouse, and CDL drivers may need an account depending on the type of query. Carriers must be registered by January 6, 2020. Register by going to the clearing house portal @ https://clearinghouse.fmcsa.dot.gov/Register

Employment History

CDL drivers completing an application for employment must provide 10 years of employment history while non CDL drivers must provide 3 years of employment history. All employment history must include driving and non-driving positions for the required employment reporting period.

CDL Drug and Alcohol Clearinghouse Portal

The FMCSA CDL Drug and Alcohol Clearinghouse portal is now accepting registrations. Motor carriers employing CDL drivers will need an account to perform the required investigations of drivers via the clearinghouse, and CDL drivers may need an account depending on the type of query. Carriers must be registered by January 6, 2020. Register by going to the clearing house portal @ https://clearinghouse.fmcsa.dot.gov/Register

Proof Of Financial Responsibility

All motor carriers (except private non haz mat carriers) must have an MCS-90 on file in their office as proof of financial responsibility.

Maintaining A USDOT Compliant Accident Register

For the purpose of maintaining a USDOT compliant accident register, a DOT recordable accident is defined as an occurrence involving a commercial motor vehicle operating on a public road which results in at least one of the following:

• 1) A fatality
• 2) Bodily injury requiring immediate medical treatment away from the scene of the accident
• 3) Disabling damage to one or more motor vehicles requiring the vehicle to be towed from the scene

Proposed Hours Of Service Revisions Released

The proposed changes to the hours-of-service regulations are:

• The limits for the short haul exemption would increase from 12 to 14 hours and from 100 air miles to 150.
• The adverse driving provision would allow a driver up to a 16-hour window in which to complete up to 13 hours of driving if the driver encounters adverse conditions.
• The 30-minute break requirement would be modified, prohibiting driving for more than eight consecutive hours without at least one 30-minute change in duty status. This would allow 30 minutes of on-duty, not driving time, off-duty time, or sleeper-berth time to qualify as a break.
• In addition to splits of 10/0 and 8/2, drivers would be allowed a split-sleeper option of 7/3.
• Drivers would have the option of stopping the clock a minimum of 30 minutes and up to three hours consecutively once per duty period.

Electronic Logging Device Requirements

The Federal Motor Carrier Safety Administration denied an application for an exemption from the electronic logging device requirements for motor carriers with fewer than 50 employees. At this point, all carriers, regardless of size, will be required to use ELDs unless they fall under a previously issued exemption.

New Driver Background Checks

When conducting a new driver Safety Performance History Records Request (background check) be sure to contact all DOT Regulated Employers that employed the driver applicant for the previous 3 years.

Awaiting Hours of Service Changes

The proposed Hours of Service changes have not yet been published in the Federal Register. We will be forwarding this information once it is made public.

Free Tool: Calculate Time For US DOT Number Bi-Annual Update

Federal Regulations mandate that all USDOT numbers must be updated every 2 years. To see when you must update your USDOT Number, click the link below:

Free Tool: Calculate when you must complete a US DOT Number Bi-Annual Update

Click here to have Permits Plus file your Bi Annual Update

Hours of Service Changes Are Coming

FMCSA has announced that updates to the hours of service regulations are to be published in the Federal Register on June 7, 2019. We will be reviewing these changes when they are published and will be advising you of them ASAP. Stay tuned!!

USDOT# Bi Annual Updates

Several of our customers report receiving a spam email notice regarding their USDOT# updates. These email notices are advising the carrier that their bi-annual (to be filed every 2 years) updates are due. When we checked the carriers USDOT# to see if a bi-annual update was due, in most cases they were not. If you receive one of these notices and want to verify if your update is due feel free to call us @ 1-877-722-8059 for a free verification. If you need to file a USDOT# bi-annual update, use the link below to access our USDOT# update service.

USDOT Bi-Annual Updates Application

DOT Required Emergency Equipment for all commercial motor vehicles with a GVW or GVWR over 10,000 pounds

Fire Extinguishers

• Haz Mat Carriers must be equipped with a fire extinguisher with an Underwriters Laboratories rating of 10 B:C or more.
• Non Haz Mat Carriers must be equipped with either 1 fire extinguisher with a minimum rating of 5B:C or more or 2 fire extinguishers with a minimum rating of 4B:C or more.
• Each fire extinguisher must be marked by the manufacturer with its UL rating.
• The fire extinguisher must be filled, securely mounted and must permit a visual determination that it is fully charged.

Spare Fuses

• At least one spare fuse of each type/size required to operate any required parts and accessories of the power unit.

Warning Devices for stopped vehicles

• Three emergency reflective triangles that conform with Federal Motor Vehicle Standard No. 125.

Changes For Drivers Taking Insulin

FMCSA recently announced it will no longer require insulin-dependent truckers to acquire an exemption from the agency to operate in interstate commerce.

Rather, the agency will now allow a treating clinician who manages and prescribes insulin for the treatment of diabetes to decide if the driver meets the physical standards to drive a truck.

Supervisors Drug & Alcohol Reasonable Suspicion Training

All supervisors that are designated to supervise CDL drivers (operators of vehicles over 26000 pounds) must undergo a one-time 2-hour training requirement. The training must include at least 60 minutes of alcohol misuse training and 60 minutes of controlled substance use training, which will enable supervisors to recognize signs of drug and alcohol use.

Exemption: If you are an owner-operator employing only yourself as the only driver you are exempt from this requirement.

If you have any questions regarding this requirement please call us @ 1-877-722-8059. Do not assume that you are required to comply simply because you receive a notice via text or email from a training company.