Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
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 Wiseman
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
Brandon Wiseman
Trucksafe discusses proposed CSA changes with HDT Talks Trucking
Trucksafe's president Brandon Wiseman recently joined Heavy Duty Trucking's Talks Trucking podcast to discuss the FMCSA's proposed revisions to its Safety Measurement System (SMS) and what those changes could mean for regulated fleets. Catch the replay below or at this link. For an even more in-depth discussion of these changes, check out our recent episode of Trucksafe LIVE! on the topic:About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting
Top 5 personal conveyance mistakes
It’s 2023, and personal conveyance remains one of the most misunderstood and abused aspects of the Federal Motor Carrier Safety Regulations. It is one of the leading contributors to log falsification violations, roadside out of service orders, elevated hours-of-service scores, downgraded safety ratings, and civil penalties. In fact, personal conveyance misuse is so prominent that it has its own violation code in the Safety Measurement System (SMS) methodology.With so much at stake, it’s critical
Brandon WisemanNever Miss an Update
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