Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
FMCSA to implement operating authority exemption for providers of recreational activities
According to a June 2023 Notice of Proposed Rulemaking, The Federal Motor Carrier Safety Administration (FMCSA) intends to publish new rules to implement a statutory exemption from the interstate for-hire operating authority requirement for certain providers of "recreational activities." This proposal comes on the heels of the agency's recent efforts to clarify what types of passenger operations implicate other aspects of its regulations. According to the agency, Section 23012 of Congress's Inf
Brandon Wiseman
FMCSA again declines to tackle double brokerage
In a notice to be published in the Federal Register in the next couple of days, the FMCSA issued its "final guidance" on its regulatory definitions of the terms "broker" and "bona fide agent." This final guidance comes on the heels of the agency's "interim guidance" on this same topic, which it published in November of 2022 and which we discussed in detail in this article. The FMCSA's brokerage guidance is a response to Congress' mandate in its Infrastructure Investment and Jobs Act (IIJA). Spec
Brandon Wiseman
When trucking regulations run amok
Regulations have been my profession, my life, for many years. Trucking regulations, to be precise. I’ve devoted my career to helping fleets better understand and comply with the hundreds of safety-related regulations that govern their operations. And I step in to defend those fleets when they inevitably run afoul of the rules. Trucking is a heavily regulated industry, understandably so. It’s dangerous. Thousands of people die in the U.S. each year in accidents involving large trucks and buses, n
Brandon Wiseman
Telematics for Trucking: A Guide to Choosing the Right Solution
The term "telematics," at least in trucking, is generally understood to mean use of electronic devices to collect and transmit data about commercial vehicles and drivers. This data can be used to improve safety, efficiency, and compliance. In a recent episode of the Trucksafe LIVE! podcast, we broke down that term, identified some of the most common types of telematics solutions, and discussed some of the benefits and pitfalls that fleets should consider when deciding whether to implement a part
Brandon Wiseman
Spotlight on fleet maintenance
In a recent episode of the Trucksafe LIVE! podcast, host Brandon Wiseman and Brian Runnels, VP of Safety at Reliance Partners, discussed the importance of fleet maintenance and some of the pitfalls when it is not handled appropriately. Wiseman and Runnels noted that fleet maintenance is essential for the safety of drivers and the public, as well as for the profitability of trucking companies. They pointed to recent cases where maintenance problems have led to accidents, injuries, and fatalities.
USDOT approves mouth swabs for regulated drug screens
The USDOT and its subagencies, including the Federal Motor Carrier Safety Administration, have amended their respective drug/alcohol testing regulations to add oral fluid as an authorized testing method for the presence of unlawful drugs. According to the Final Rule to be published in the Federal Register on May 2, 2023 and to become effective 30 days after, “this additional methodology for drug testing will give employers a choice that will help combat employee cheating on urine drug tests and
Brandon Wiseman
Trucksafe discusses the pitfalls of CBD use among drivers with PrePass
Trucksafe's president Brandon Wiseman recently joined PrePass's Eyes on the Road podcast to discuss the current regulatory landscape surrounding CBD use among commercial drivers and some of the pitfalls. Topics addressed in this episode include: (1) the distinction between marijuana and CBD; (2) how the USDOT and FMCSA regulate marijuana use; (3) how CBD can lead to positive DOT drug tests; (4) the implications of a positive test stemming from CBD use; and (5) what carriers and drivers should be
FMCSA to broaden Crash Preventability Determination Program
The Federal Motor Carrier Safety Administration (FMCSA) has plans to expand the federal program through which regulated motor carriers challenge the preventability of accidents in which their drivers are involved. According to its notice published on April 12, 2023, the FMCSA proposes to broaden its Crash Preventability Determination Program (CPDP), such that more types of accidents will be eligible for a preventability ruling. The agency first stood up the CPDP in May 2020, following industry c
Brandon Wiseman
FMCSA overhauls Clearinghouse notifications
The federal Drug & Alcohol Clearinghouse--a central repository for drug/alcohol testing data for CDL drivers--has now been in place for more than three years. As we addressed in another article, the Clearinghouse's three-year anniversary in January 2023 brought with it changes to the process that motor carriers must follow when first onboarding CDL drivers. But even more recently, in mid-March, the FMCSA overhauled the way that its Clearinghouse notifies employers (i.e., motor carriers) of any c
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