Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
5 things to understand about new entrant audits
If you're starting up a new trucking business, you undoubtedly have a lot on your plate! But some things you can't afford to ignore are your compliance-related obligations under the Federal Motor Carrier Safety Regulations (FMCSRs) and any applicable state regulations. Indeed, most newly registered motor carriers end up going out of business within the first year of operations, and too often, noncompliance is the culprit.Highway transportation remains one of the most heavily regulated industries
Brandon Wiseman
The mechanics of a DOT audit (and practical tips for surviving one)
In a recent webinar, Trucksafe's Brandon Wiseman and Jerad Childress discussed the Federal Motor Carrier Safety Administration's (FMCSA's) auditing methodology, including how the agency prioritizes motor carriers for investigation, what types of audits it conducts, what records it requests, what types of violations it looks for, and the consequences of a "bad" audit. Check out the replay below. As discussed in the webinar and in our prior article, it's important for fleets to proactively examine
5 things fleets should know about DOT audits
No motor carrier expects to be audited, and most do little to prepare until it’s too late. But simply understanding the process goes a long
Brandon Wiseman
What is the split sleeper berth rule?
One of the more confusing aspects of the federal hours-of-service rules, at least for some drivers, is the so-called “split sleeper berth” rule. Used correctly, this rule offers some decent flexibility to drivers whose trucks are equipped with a sleeper berth, particularly when it comes to times they are detained at shipper or receiver facilities. But the rule isn’t all that intuitive, unfortunately, so in this article, we will break down the split sleeper rule. But generally speaking...The spli
Brandon Wiseman
FMCSA to increase civil penalties for regulatory violations
The Federal Motor Carrier Safety Administration (FMCSA) is increasing the fine amounts for certain violations of its Federal Motor Carrier Safety Regulations. In a notice to be published in the Federal Register on March 21, 2022, the agency announced its annual inflation adjustments to its civil penalty schedule. These penalties appear in 49 CFR Part 386, Appendix A, and are generally assessed following the discovery of egregious safety violations. Generally speaking, the civil penalty amounts l
Brandon Wiseman
FMCSA withdraws third-party and out-of-state CDL testing rulemakings
In two separate notices to be published on March 9, 2022, the Federal Motor Carrier Safety Administration (FMCSA) is formally withdrawing CDL-related rulemakings that would have provided some flexibility to the knowledge and skills testing process. In the first notice, the agency is withdrawing a proposed rule that would have allowed driver applicants to take the commercial driver’s license (CDL) general and specialized knowledge tests in a state other than the applicants state of domicile. That
Brandon Wiseman
FMCSA to eliminate certificate of violations requirement
In a Final Rule to be published on March 9, 2022, the Federal Motor Carrier Safety Administration (FMCSA) is doing away with the regulatory requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. According to the agency, this requirement "is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicl
Brandon Wiseman
FMCSA to allow greater flexibility for installation of interior CMV safety technology
In a Final Rule expected to be published to the Federal Register on March 7, 2022, the Federal Motor Carrier Safety Administration (FMCSA) is amending certain provisions of its Federal Motor Carrier Safety Regulations (FMCSRs) to increase the area on the interior of commercial motor vehicle (CMV) windshields where certain "vehicle safety technology" devices may be mounted. In addition, the agency has added items to the list of qualifying vehicle safety technologies. Under existing rules (49 CFR
Brandon Wiseman
DOT proposes to allow oral fluid drug testing
In a notice published to the Federal Register on February 28, 2022, the United States Department of Transportation (USDOT) is proposing to revise its existing drug and alcohol testing rules in 49 CFR Part 40 to, among other things, expand the allowable methods for DOT drug testing to include oral fluids. According to the agency, "this will give employers a choice that will help combat employee cheating on urine drug tests and provide a more economical, less intrusive means of achieving the safet
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