Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
2023 regulatory year-in-review & 2024 outlook
2023 was a big year for trucking and a fairly busy one for regulators. We saw a lot of new proposed rule changes from the Federal Motor Carrier Safety Adminstration (FMCSA), particularly around their various enforcement mechanisms like safety ratings and CSA scores. With 2023 coming to a close, we're taking a look back at the most significant DOT-related regulatory initiaves from the past year and looking forward to what's in store for next year. 2023 Year In ReviewAs noted, the FMCSA was fairly
Brandon Wiseman
Understanding FMCSA verifications of employment
Vetting commercial drivers to ensure they are properly qualified is one of the foundational regulatory obligations placed on motor carriers by federal and state safety regulations. As we've discussed in other articles, there's a lot that goes into qualifying drivers. But there's one aspect of driver qualification in particular that seems to cause quite a bit of confusion, and that's the so-called "verification of employment" or "safety performance history request" process. In this article, we br
Brandon Wiseman
FMCSA to enhance DataQs appeal process
The Federal Motor Carrier Safety Administration (FMCSA) has plans to overhaul its DataQs system to accommodate deeper levels of appeal, according to a recent notice from the agency. "Stakeholders from industry, CMV drivers, and the public have expressed concerns regarding the transparency and uniformity of addressing Requests for Data Review (RDRs), and specifically, RDR Reconsiderations. Stakeholders note that program offices do not have a uniform process for initial RDR reviews or for handling
Brandon Wiseman
FMCSA again considering substantial changes to safety ratings
**UPDATE: Since publishing this article, the FMCSA has scheduled an in-person listening session at the Texas Truck Show in Houston on June 29, 2024 to hear from the public on the proposal to modify the safety rating process. The agency also plans to hold additional virtual listening sessions in June and July 2024 on the topic. The Federal Motor Carrier Safety Administration (FMCSA) is once again contemplating significant changes to its Safety Fitness Determinations, commonly known as "safety rat
Brandon Wiseman
FMCSA soliciting waiver requests to reinstate meal & rest break laws
In what seems like an unprecedented move, the Federal Motor Carrier Safety Administration (FMCSA) is soliciting regulatory waiver requests from the public, which, if granted, could reinstate California's and Washington's meal and rest break rules as applied to regulated commercial drivers. In a notice published to the Federal Register on August 14, 2023, the FMCSA explained, "the Agency will consider petitions for waiver of its December 21, 2018, and January 13, 2020, decisions preempting the St
Brandon Wiseman
Understanding roadside inspection reports
If you or your commercial driver have been stopped for a roadside inspection, it’s likely you’ve received a Driver/Vehicle Examination Report (DVER), also known as a roadside inspection report. These DVERs are standardized reports prepared by law enforcement following a commercial vehicle and/or driver inspection, which detail the level of inspection performed and any violations discovered. The reports are important for many reasons, so we will break them down line by line in this article. Downl
Brandon Wiseman
FMCSA & NHTSA propose heavy vehicle automatic emergency brake rule
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) published a joint Notice of Proposed Rulemaking on June 22, 2023, which would mandate that all newly-manufactured heavy trucks and buses be equipped with Automatic Emergency Braking (AEB) systems. “Advanced driver assistance systems like AEB have the power to save lives,” said NHTSA Chief Counsel Ann Carlson. “Today’s announcement is an important step forward in improving safety
Brandon Wiseman
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
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 WisemanNever Miss an Update
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