What Do I Need to Get My Own Authority?
To transport freight across state lines, for hire, you will need to obtain your Interstate Authority. The requirements are based on the GVWR of the vehicles.
Vehicles under 10,000 lbs. GVWR: Vehicles 10,000 – 26,000 lbs. GVWR: Vehicles 26,001 lbs. and greater:
MC number US DOT number US DOT number
$300,000 Liability Insurance MC number - MC# MC number - MC#
UCR registration UCR registration
$ 750,000 Liability Insurance $750,000 Liability Insurance
BOC-3 process agent filing BOC-3 process agent filing
NY HUT (for 18,000 lbs GVWR and up) Apportioned License Plates (IRP)
IFTA (International Fuel Tax) License ( over 26,000 lbs)
State Permits:
Connecticut HUT (26,000 lbs and more)
New Mexico WDT (26,000 lbs and more)
New York HUT (18,000 lbs and more)
Oregon, Kentucky (for 60,000 lbs GVWR and up)
Private and Exempt for hire carriers are subject to all of the above registrations except for the MC number. Private carriers only transport their own products, goods or materials including tools and service trucks. Exempt for hire carriers only transport exempt or non-regulated commodities.
Are You Displaying the Right US DOT Number?
Owner-operator 'registrant' DOT numbers: The US DOT number issued to owner-operators leased to carriers is a "registrant” number, identifying you as an entity who registers commercial motor vehicles. It does not mean you have the operating authority to function as a carrier. This “registrant” number should not be displayed on your vehicle; when you are leased to a carrier, you are operating under and must display the authorized carrier/lessee's US DOT number. The registrant number is used only to obtain vehicle registration credentials.
Marking short-term lease/rentals: The regulations in Section 390.21(e) provide some options for vehicles leased for a short period of time — 30 days or less:
1. The vehicle may display the US DOT number and legal name of the lessee acquiring the use of the vehicle; or
2. The vehicle may display the US DOT number and legal name of the owner/lessor and carry the rental agreement between the lessee and lessor/owner. The rental agreement must comply with the requirements in Section 390.21(e) and Section 376.12. Lease Termination Agreement Sample.
Owner-operators as Motor Carriers: Some owner-operators are motor carriers — that is, they have their own US DOT number and operating authority (MC Number). These owner-operators are able to act as motor carriers and transport loads for-hire. However, if the carrier/owner-operator leases to another motor carrier entity, the vehicle must display the legal name and US DOT number of the lessee/motor carrier acquiring the use of the equipment for the duration of the lease agreement, as required by Section 376.11(c).
One US DOT number: The US DOT number is used by enforcement to determine who is legally responsible for the operation and safety of the vehicle. It is important to have a single US DOT number displayed so there is no confusion. It is possible to show another company name on the vehicle, as long as the name and US DOT number of the company operating the vehicle are also shown, preceded by the words "operated by":
XXX Company XXX Company
Operated by: Leased to:
ABC Company ABC Company
USDOT 123456 USDOT 123456
Is a clean LEVEL I RoadSide Inspection the equivalent of a FEDERAL PERIODIC INSPECTION?
Effective July 22, 2016, the FMCSA's interpretation of 49 C.F.R. §396.23, which provided that a clean CVSA Level I or Level V inspection was the equivalent to the federal periodic inspection required by 49 C.F.R. §396.17, was changed. The new interpretation provides that a clean CVSA Level I or Level V inspection IS NOT equivalent to the federal periodic inspection requirements.
If you are relying upon a clean Level I CVSA inspection conducted after July 22, 2016 to meet the federal periodic inspection requirements, you are in violation of 49 C.F.R. §396.17 and may be cited accordingly.
Who is required to have a DQ file?
The driver’s qualification (DQ) file is often thought to go hand-in-hand with the commercial driver’s license (CDL). This misperception has created confusion for many carriers. For interstate drivers, the need for a DQ file is based on the size and type of vehicle being driven. The applicable definition of commercial motor vehicle (per §390.5) includes both CDL and non-CDL drivers alike. Intrastate drivers would need to look at state-specific regulations to determine applicability.
Drivers operating the following vehicles in interstate commerce need to have a completed DQ file:
- Vehicles with a gross vehicle weight (GVW) or gross vehicle weight rating (GVWR), or gross combination weight (GCW) or gross combination weight rating (GCWR) of 10,001 pounds or more; or
- Vehicles designed to transport more than 15 people; or
- Vehicles transporting hazardous materials that require the vehicle to be placarded.
For intrastate drivers, it depends on what the state has adopted for the weight criterion. A number of states use the same 10,001 pound criterion as is found in the Federal Motor Carrier Safety Regulations. Other states have increased the weight limit to anywhere from 12,000 pounds up to 26,001 pounds (which does coincide with the CDL requirements). A few states also have grandfather clauses or other exemptions that may except certain drivers from certain portions of the DQ file, such as medical cards.
Does a copy of the current operator's license need to be included in the DQ file?
A copy of the driver’s current operator’s license is not a requirement of the Driver’s Qualification File. The contents of the file are listed in §391.51. The only time that a license would be required in the DQ file would be if you accept a copy of the CDL license in lieu of a road test per §391.33. You would keep this copy of the license that you accepted at the time of hire in the DQ file for the duration of employment and for three years after it ceases. The regulations do not require that you include a copy of the most recent license in this instance. You would just keep a copy of the original license accepted to show that the driver held a valid CDL license at the time that the road test would have been given. Refer to §391.51(b)(3) and §391.51(c). If you want to retain a copy of the current operator license (both CDL and non-CDL) under company policy, the FMCSRs do not prohibit it.
Who can administer a road test?
The regulations do not specify a title or training of the individuals who may monitor a road test. Sec. 391.31(b) states that the person who will review the driver’s abilities must be competent him/herself in order to evaluate and determine whether or not the driver being tested is capable of operating the kind of commercial motor vehicle in which he/she would be assigned. A carrier may use someone within the organization (veteran driver, supervisor, etc.) or someone from outside of the operation who is a “designated” person. The regulations also require a driver who is a motor carrier be given a test by someone other than him/herself.
Who must have a medical exam and certificate/DOT Medical Card?
The medical exam is often thought to go hand-in-hand with the commercial driver’s license (CDL). Only those drivers who need CDLs are subject to the medical exam requirements, right? Wrong! For interstate drivers, this is definitely not the case. For intrastate drivers, it may or may not be the case. Following are the requirements for who needs a medical exam.
Drivers operating the following vehicles in interstate commerce need to have a medical exam and carry a valid medical certificate/DOT Medical Card:
- Vehicles with a gross vehicle weight (GVW) or gross vehicle weight rating (GVWR), or gross combination weight (GCW) or gross combination weight rating (GCWR) of 10,001 pounds or more; or
- Vehicles designed to transport more than 15 people; or
- Vehicles transporting hazardous materials that require the vehicle to be placarded.
For intrastate drivers, it depends on what the state has adopted for the weight criterion. A number of states use the same 10,001 pound criterion as is found in the Federal Motor Carrier Safety Regulations. Other states have increased the weight limit to anywhere from 12,000 pounds up to 26,001 pounds (which does coincide with the CDL requirements). A few states also have grandfather clauses or other exemptions that may except certain drivers from the medical requirement.
Drivers who are subject to the medical exam requirement must have a valid medical certificate/DOT Medical Card in their possession while driving.* Carriers must also have a copy of that certificate in the driver’s qualification file.
Note: however, that a copy of the completed medical examination report is not required to be in the driver’s qualification file. Only the medical examiner’s certificate is required to be in the file.
*Beginning January 30, 2014, drivers required to hold a commercial driver’s license (CDL) and who are required to submit their medical examiner’s certificate to the state do not need to carry a copy of the certificate.
Can a driver carry a photocopy of a DOT medical card?
Yes, a driver may carry a legible copy of his or her medical examination certificate on his/her person. Sec. 391.41(a) states that a driver must be physically qualified and carry the original or a photographic copy of the medical examiner’s certificate on his/her person to demonstrate compliance.*
*Beginning January 30, 2014, drivers required to hold a commercial driver’s license (CDL) and who are required to submit their medical examiner’s certificate to the state do not need to carry a copy of the certificate.
Who is Tested?
Generally, all CDL drivers who operate commercial motor vehicles subject to the CDL requirements on public roads in the U.S. are performing safety-sensitive functions and are subject to DOT drug and alcohol testing (§382.103). This includes all full-time, part-time, intermittent, backup and international drivers.
What if I fail or refuse a test?
You fail a drug or alcohol test by testing positive to a drug test, or registering a 0.04 or greater alcohol content. Either of these results requires you to be immediately removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.
Your refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test. You must immediately be removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional. The DOT regulations outline refusals to test for drugs and alcohol. Some refusals are determined by medical review officers (49 CFR Part 40 Subpart G) and alcohol technicians (49 CFR Part 40 Subpart N). For others, the determination is the employer’s responsibility.
What to do if your driver failed a DOT Drug Test?
Once an employer has received a verified positive drug test result, the employer must immediately remove the employee from DOT covered safety sensitive functions. The employer should not wait for a written report from the Medical Review Officer or the results of a split specimen test (if one has been requested by the employee). A verified positive DOT drug or alcohol test is a direct violation of the federal drug and alcohol testing regulations.
Employers who are required to comply with DOT regulations must provide an individual who has tested positive for drugs or alcohol on a pre-employment (including an applicant or new employee), random, reasonable suspicion or post-accident test with information about qualified Substance Abuse Professionals (SAPs). Employers are not required to pay for the employees evaluation or treatment; however they must provide a list of locally available DOT SAPs. Employers may provide the list of SAPs through a Third Party Administrator (TPA) or other service agent such as American Substance Abuse Professionals.
In order to be eligible to perform safety sensitive duties, the employee in violation must successfully complete the DOT Return to Duty Process. This process involves being evaluated by a DOT qualified Substance Abuse Professional (SAP), completing treatment and/or education as recommended by the SAP, and a follow-up evaluation by the SAP. The time it takes to complete the DOT SAP process varies and depends upon the level of treatment and education recommended for the employee, as well as the employee’s dedication to the process. The SAP is not an advocate for the employee or the employer. Rather the SAPs function is to protect the public’s interest in safety.
It is important to note that only a DOT qualified SAP may provide the required evaluation, recommendations and determination of successful compliance required to become eligible for consideration for a return to safety sensitive duty by an employer. In order to be qualified to act as a DOT SAP, the SAP is required by federal regulations to have specialized training, maintain specific professional credentials and undergo continuing education.. They are also required to adhere to specific rules and regulations regarding facilities in which they recommend for treatment and education.
Once the employer has been notified by the DOT SAP in writing that an employee has successfully completed the recommendations, the employer may choose to return the employee to safety sensitive duty pending a negative return to duty test. The employer must also ensure that the employee is in follow-up testing as recommended by the SAP.
Download "Substance Abuse Professional Guidelines" Find DOT SAP Certified Organizations
What questions do we ask a previous employer to comply with §391.23?
Section 391.23 specifies the “safety performance history” information that must be obtained from previous DOT-regulated employers of a driver/applicant. The following information must be obtained from all previous employers of the applicant that employed the driver to operate a commercial motor vehicle within the previous three years:
- General driver identification and employment verification information.
- The data elements specified in §390.15(b)(1) (i.e., the accident register information) for accidents involving the driver that occurred in the three-year period preceding the date of the employment application. You must also ask for information about any accidents the previous employer may wish to provide that are retained pursuant to §390.15(b)(2), or pursuant to the employer's internal policies for retaining more detailed minor accident information, but previous employers are not required to provide this additional information.
- Whether, within the previous three years, the driver had violated the alcohol and drug prohibitions under Subpart B of Part 382, or 49 CFR Part 40.
- Whether the driver failed to undertake or complete a rehabilitation program prescribed by a substance abuse professional (SAP) pursuant to §382.605, or 49 CFR Part 40, Subpart O (If the previous employer does not know this information (e.g., an employer that terminated an employee who tested positive on a drug test), then you have to obtain documentation of the driver's successful completion of the SAP's referral directly from the driver).
- For a driver who had successfully completed a SAP's rehabilitation referral, and remained in the employ of the referring employer, information on whether the driver had the following testing violations subsequent to completion of a §382.605 or 49 CFR Part 40, Subpart O referral:
- Alcohol tests with a result of 0.04 or higher alcohol concentration;
- Verified positive drug tests;
- Refusals to be tested (including verified adulterated or substituted drug test results).
How often must an MVR be requested?A initial Motor Vehicle Report (MVR), covering the last three years of driving history, must be placed in the driver’s qualification file within 30 days of the date on which the driver’s employment begins. Any state in which the driver held a motor vehicle operator’s license or permit within the past three years must be contacted. If an MVR cannot be obtained, then the employer must maintain documentation of its “good faith effort” to obtain the information.
A copy of each state’s record, or response that a record does not exist, must be kept in the driver's qualification file for the course of employment and for three years after it ceases.
The regulations also require a motor carrier to obtain an MVR on each driver each following year, covering the past 12 months. A carrier could request MVRs more frequently, as the FMCSRs do not prohibit this. These annual state agency responses are retained in the DQ file for a minimum of three years from execution date.
Is the Fair Reporting Credit Act Disclosure Statement a part of the DQ file?
The Fair Credit Reporting Act Disclosure Statement is another form that a motor carrier fills out which often finds its way into the DQ file. It is not a DOT requirement, but other federal laws require a disclosure statement when personal information (for example an MVR) will be requested on someone.
Many drivers are wary of signing the FCRA Disclosure Statement, not understanding it encompasses more than just financial records. The disclosure is not a signed release to access information, but rather an informing of the driver that certain personal information will be requested pursuant to §382.413, §391.23, and §391.25. The FCRA disclosure statement no longer has to be signed; it just needs to be given to the driver as a means of disclosure. Signed disclosure statements are still a good recordkeeping practice as they provide proof the notification was made. For those motor carriers who hire applicants over the phone, a verbal disclosure is acceptable.
When can I accept a CDL in lieu of a road test?
The regulations allow a motor carrier the option of accepting a valid CDL in lieu of a road test if it is issued by a state which requires a road test for the type of vehicle the driver is to be assigned.
If the employer intends to assign the driver a vehicle necessitating the doubles/triples or tank vehicle endorsement on a CDL, the employer still needs to administer the road test in that type of vehicle.
If an employer accepts an operator's license in lieu of a road test, the employing carrier must retain a legible copy of the license in the driver's qualification file for the duration of employment and for three years after employment ceases.
When are post-accident testing procedures required?
_____________________________________________________________________________________
Type of accident involved Citation issued to CMV driver Test must be performed by employer
* Human fatality YES / NO YES / YES
* Bodily injury with immediate
medical treatment away from the scene YES / NO YES / NO
* Disabling damage to any motor
vehicle requiring tow away YES / NO YES / NO
_______________________________________________________________________________
Alcohol test is required to be administered within 8 hours following the accident.
If a test is not administered within two (2) hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
Controlled substance test is required to be administered within 32 hours following the accident.
If an employee is off work due to temporary lay-off, illness, injury or vacation, should that individual’s name be removed from the random pool?
No. The individual’s name should not be removed from the random pool so long as there is a reasonable expectation of the employee’s return.
Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre- employment drug tested each season when they return to work?
If the driver is considered to be an employee of the company during the extended (layoff) period, a pre-employment test would not be required so long as the driver has been included in the company's random testing program during the layoff period. However, if the driver was not considered to be an employee of the company at any point during the layoff period, or was not covered by a program, or was not covered for more than 30 days, then a pre-employment test would be required.
May a rubber stamp signature be used on a driver’s record of duty status?
No, a driver’s record of duty status must bear the signature of the driver whose time is recorded thereon.
Must drivers submit, and motor carriers retain, the driver vehicle inspection reports (DVIR)?
In a Final Rule published on December 18, 2014, the Federal Motor Carrier Safety Administration (FMCSA) rescinded the requirement that commercial motor vehicle (CMV) drivers operating in the United States in interstate commerce, except drivers of passenger-carrying CMVs, submit, and motor carriers retain, the driver vehicle inspection reports (DVIR) when the driver has neither found nor been made aware of any vehicle defects or deficiencies (no-defect DVIR).
However, this change applies to operations in the United States only. To continue to comply with Canadian National and Provincial regulations, U.S.-based motor carriers need to complete and retain DVIRs when operating in Canada regardless of whether or not defects are noted.
How should multiple short stops in a town or city be recorded on a record of duty status?
All stops made in any one city, town, village or municipality may be computed as one. In such cases the sum of all stops should be shown on a continuous line as on-duty (not driving). The aggregate driving time between such stops should be entered on the record of duty status immediately following the on-duty (not driving) entry. The name of the city, town, village, or municipality, followed by the State abbreviation where all the stops took place, must appear in the “remarks” section of the record of duty status.
If a driver’s record of duty status is not signed, may enforcement action be taken on the current day’s record if it contains false information?
Enforcement action can be taken against the driver even though that record may not be signed. The regulations require the driver to keep the record of duty status current to the time of last change of duty status (whether or not the record has been signed). Also, §395.8(e) states that making false reports shall make the driver and/or the carrier liable to prosecution.
What is Time Base to be used in log book?
You must use the time zone in effect at your home terminal. Even if you cross other time zones, record time as it is at your terminal. All drivers operating out of your home terminal must use the same starting time for the 24-hour period, as designated by your employer.
Must drivers, alternating between interstate and intrastate commerce, record their intrastate driving time on their record of duty status?
Yes, to account for all on-duty time for the prior 7 or 8 days preceding an interstate movement.
Is the Canadian bilingual or any other record of duty status form acceptable in the U.S.?
Yes, provided the grid format and specific information required are included.
May a motor carrier return a driver’s completed record of duty status to the driver for correction of inaccurate or incomplete entries?
Yes, although the regulations do not require a driver to submit “corrected” records of duty status. A driver may submit corrected records of duty status to the motor carrier at any time. It is suggested the carrier mark the second submission “CORRECTED COPY” and staple it to the original submission for the required retention period.
May a duplicate copy of a record of duty status be submitted if an original was seized by an enforcement official?
A driver must prepare a second original record of duty status to replace any page taken by an enforcement official. The driver should note that the first original had been taken by an enforcement official and the circumstances under which it was taken.
What regulation, interpretation, and/or administrative ruling requires a motor carrier to retain supporting documents and what are those documents?
Section 395.8(k)(1) requires motor carriers to retain all supporting documents at their principal places of business for a period of 6 months from date of receipt.
Supporting documents are the records of the motor carrier which are maintained in the ordinary course of business and used by the motor carrier to verify the information recorded on the driver’s record of duty status. Examples are: bills of lading, carrier pros, freight bills, dispatch records, electronic mobile communication/tracking records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, toll billing statements, port of entry receipts, cash advance receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, driver and vehicle examination reports, crash reports, telephone billing statements, credit card receipts, border crossing reports, custom declarations, traffic citations, and overweight/oversize permits and traffic citations. Supporting documents may include other documents which the motor carrier maintains and can be used to verify information on the driver’s records of duty status. If these records are maintained at locations other than the principal place of business but are not used by the motor carrier for verification purposes, they must be forwarded to the principal place of business upon a request by an authorized representative of the Federal Highway Administration (FHWA) or State official within 2 business days.
Is a driver who works for a motor carrier on an occasional basis and who is regularly employed by a non-motor carrier entity required to submit either records of duty status or a signed statement regarding the hours of service for all on-duty time as “on-duty time” as defined by §395.2?
Yes.
May a driver use “white-out” liquid paper to correct a record of duty status entry?
Any method of correction would be acceptable so long as it does not negate the obligation of the driver to certify by his or her signature that all entries were made by the driver and are true and correct.
Are drivers required to draw continuous lines between the off-duty, sleeper berth, driving, and on-duty (not driving) lines on a record of duty status when changing their duty status?
No. Under §395.8(h) the Federal Motor Carrier Safety Regulations (FMCSRs) require that continuous lines be drawn between the appropriate time markers within each duty status line, but they do not require that continuous lines be drawn between the appropriate duty status lines when drivers change their duty status.
What documents satisfy the requirement to show a shipping document number on a record of duty status as found in §395.8(d)(11)?
The following are some of the documents acceptable to satisfy the requirement: shipping manifests, invoices/freight bills, trip reports, charter orders, special order numbers, bus bills or any other document that identifies a particular movement of passengers or cargo.
In the event of multiple shipments, a single document will satisfy the requirement. If a driver is dispatched on a trip, which is subsequently completed, and then is dispatched on another trip on that calendar day, two shipping document numbers or two shippers and commodities must be shown in the remarks section of the record of duty status.
If a driver from a foreign country only operates in the U.S. one day a week, is he required to keep a record of duty status for every day?
A foreign driver, when in the U.S., must produce a current record of duty status, and sufficient documentation to account for his duty time for the previous 6 days.
Are drivers required to include their total on-duty time for the previous 7 to 8 days (as applicable) on the driver’s record of duty status?
No.
Can military time be used on the grid portion of the driver’s record of duty status?
Yes. The references to 9:00 A.M., 3:00 P.M., etc. in §395.8(d)(6) are examples only. Military time is also acceptable.
Section 395.8(d)(4) requires that the name of the motor carrier be shown on the driver’s record of duty status. If a company owns more than one motor carrier subject to the Federal Motor Carrier Safety Regulations (FMCSRs), may the company use logs listing the names of all such motor carrier employers ?
Yes, provided three conditions are met. First, the driver must identify his or her motor carrier employer by a method that would be visible on a photocopy of the log. A dark check mark by the carrier’s name would be acceptable. However, a colored highlight of the name would not be acceptable, since these colors are often transparent to photocopiers.
Second, the driver may check off the name of the motor carrier employer only if he or she works for a single carrier during the 24 hour period covered by the log.
Third, if the parent company uses Multi day Logs (Form 139 or 139A), the log for each day must list all motor carrier employers and the driver must identify his or her carrier each day.
Regulatory guidance issued by the Office of Motor Carriers states that a driver’s record-of-duty-status (RODS) may be used as the 100 air-mile radius time record “provided the form contains the mandatory information.” Is this “mandatory information” that required of a normal RODS under section 395.8(d) or that of the 100 air-mile radius exemption under section 395.1(e)(5)?
The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.
When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?
The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.
What is the carrier’s liability when its drivers falsify records of duty status?
A carrier is liable both for the actions of its drivers in submitting false documents and for its own actions in accepting false documents. Motor carriers have a duty to require drivers to observe the Federal Motor Carrier Safety Regulations (FMCSRs).
If a driver logs his/her duty status as “driving” but makes multiple short stops (each less than 15 minutes) for on-duty or off-duty activities, marks a vertical line on the grid for each stop, and records the elapsed time for each in the remarks section of the grid, would the aggregate time spent on those non-driving activities be counted against the 10-hour driving limit?
No. On-duty not driving time or off-duty time is not counted against the 10-hour driving limit.
When the driver’s duty status changes, do §§395.8(c) or 395.8(h)(5) require a description of on-duty not driving activities (“fueling,” “pre-trip,” “loading,” “unloading,”, etc.) in the remarks section in addition to the name of the nearest city, town or village followed by the State abbreviation?
No. Many motor carriers require drivers to identify work performed during a change of duty status. Part 395 neither requires nor prohibits this practice.
When must a driver complete the signature/certification of the driver’s record of duty status?
In general, the driver must sign the record of duty status immediately after all required entries have been made for the 24-hour period. However, if the driver is driving at the end of the 24-hour period,he/she must sign during the next stop. A driver may also sign the record of duty status upon going off duty if he/she expects to remain off duty until the end of the 24-hour period.
Is a driver (United States or foreign) required to maintain a record of duty status (log book) in a foreign country before entering the U.S.?
No. The Federal Highway Administration FHWA does not require drivers to prepare records of duty status while operating outside the jurisdiction of the United States. However, it may be advantageous for any driver (U.S. or foreign) to prepare records of duty status for short-term foreign trips. Upon entering the U.S., each driver must either: (a) Have in his/her possession a record of duty status current on the day of the examination showing the total hours worked for the prior seven consecutive days, including time spent outside the U.S.; or, (b) Demonstrate that he/she is operating as a “100 air-mile (161 air-kilometer) radius driver” under §395.1(e).
If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?
A driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.
May a driver use a computer to generate his or her record of duty status (log book) and then manually sign the computer printouts in lieu of handwritten logs?
A driver may use a computer to generate the graph grid and entries for the record of duty status or log books, provided the computer-generated output includes the minimum information required by §395.8 and is formatted in accordance with the rules. In addition, the driver must:
1.Be capable of printing the record of duty status for the current 24-hour period at the request of an enforcement officer.
2.Print the record of duty status at the end of each 24-hour period, and sign it in his or her handwriting to certify that all entries required by this section are true and correct.
3.Maintain a copy of printed and signed records of duty status for the previous 7 consecutive days and make it available for inspection at the request of an enforcement officer.
Who Is Exempt from ELD mandate?
- Drivers using paper RODS no more than 8 days out of every 30 day period, including short-haul drivers operating within 100/150 miles radius.
- Driveaway-towaway drivers who transport empty vehicles intended for sale, lease, or repair, as long as the vehicle they are driving is part of the shipment.
- Drivers of vehicles manufactured before model year 2000.
Are pets allowed in the truck?
The FMCSA has not issued any regulations regarding pets in the truck, as long as safety is not compromised.
Many trucking companies will allow their drivers to take pets in the truck with them, and may charge a refundable or non-refundable deposit, flat fees, and/or cleaning fees. Driver's should always carry proof of their pets' vaccination against rabies, at least, and many states require a Certificate Of Veterinary Inspection to bring animals across state lines. Generally, any damage that a pet does, or any additional cleaning necessary, will be charged against a driver's deposit, or deducted from their paycheck. Drivers will normally not be allowed to take a pet along for either CDL training school or while on the road in company training. Companies that operate mainly local, LTL , or regional routes will generally have a "no pets" policy, as will companies that primarily haul refrigerated freight. As trucking companies are constantly changing their policies on allowing drivers to bring animals on the road, and policies vary wildly from company-to-company, it is very important that drivers double-check with the companies themselves.
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