Experience Everything Compliance Network Has to Offer
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyFocus AreaIn-Depth ArticleEnglishTransportationBusiness planning - Motor CarrierUSA
25 DOT rules in the works for this year and beyond
2023-01-05T06:00:00Z
Changes to drug-testing procedures, cargo securement rules, fines, and fees are all on the way, according to the DOT’s latest rulemaking plan.
Though a few rule changes are expected to be finalized in 2023 — such as new rules allowing the use of saliva for drug testing — many more are still in the early stages of development. The DOT expects to propose about 20 rule changes this year affecting commercial vehicle safety, and the public will be given the chance to weigh in.
The following key actions appear on the agency’s latest roadmap, listed in the order in which they’re expected to arrive. Items listed as “overdue” were expected in December 2022 but are running late.
| Topic | Description | Next Step |
| Oral fluid testing | This rulemaking would give DOT-regulated employers the option to test saliva instead of urine for drugs. | Final rule: overdue |
| Stability control | The FMCSA will update its rules to require motor carriers to maintain their electronic stability control systems. | Proposed rule: overdue |
| Tank endorsement | The FMCSA intends to update its “tank vehicle” definition to clarify the need for a tank endorsement. | Final rule: overdue |
| UCR fees | This annual rule will adjust the Unified Carrier Registration fees for 2024 and beyond. | Proposed rule: overdue |
| CDL testing | The FMCSA intends to allow states to give a CDL knowledge test prior to issuing a learner’s permit and a CDL skills test to permit holders from other states. | Proposed rule: Jan. 2023 |
| Vehicle automation | The FMCSA plans to update its regulations to account for commercial vehicles equipped with automated driving systems. | Proposed rule: Jan. 2023 |
| Cargo securement & vehicle defects | This change would further harmonize cargo securement rules with Canada, alter the rules for securing lumber, and add specificity to violations grouped under §396.3(a)(1). | Proposed rule: Feb. 2023 |
| Drug & Alcohol Clearinghouse | The FMCSA intends to revise its Clearinghouse rules to improve error-correction procedures, queries, and consent requirements. | Proposed rule: March 2023 |
| Emergency brakes | The DOT plans to require and/or establish performance standards for automatic emergency braking systems on heavy trucks. | Proposed rule: March 2023 |
| Bus exits | The FMCSA intends to amend the rules for determining the location, type, size, and number of emergency exits required on buses. | Proposed rule: March 2023 |
| Safety rating process | The FMCSA will be reevaluating its safety rating process, including its acute/critical violation lists, its three-tier rating system, and how it unearths unfit carriers. | Info-gathering: March 2023 |
| Self-insurance | The FMCSA will be amending the fees collected for processing new self-insurance applications and for ongoing monitoring of self-insurance requirements. | Proposed rule: April 2023 |
| Test refusals | The DOT plans to establish an appeals process for drivers accused of refusing a drug or alcohol test. | Proposed rule: May 2023 |
| Speed limiters | The FMCSA intends to require the use of speed limiters on interstate CDL-class vehicles. | Second proposed rule: June 2023 |
| Drug/alcohol records | The DOT is planning to update its drug/alcohol testing rules in Part 40 to allow electronic recordkeeping. | Proposed rule: Aug. 2023 |
| Bus accessibility | The DOT will be adopting new accessibility guidelines for buses and vans under 36 CFR 1192. | Proposed rule: Oct. 2023 |
| ELD update | The FMCSA will be “streamlining and improving the clarity” of its electronic logging device (ELD) rules. | Proposed rule: Nov. 2023 |
| CMV identification | This rule change would require all CMVs to be equipped with an electronic device that can send a unique vehicle ID to a roadside system, allowing enforcement to better track and target unsafe carriers. | Proposed rule: Nov. 2023 |
| Recreational activities | This change will add an exemption for 9- to 15-passenger vehicles used within a 150-air-mile radius for recreational activities. | Proposed rule: Nov. 2023 |
| Recordkeeping | The FMCSA intends to propose changes to the record retention rules in Appendix A to Part 379 to remove overlapping and unnecessary requirements. | Info-gathering: Nov. 2023 |
| Rules of practice | The FMCSA will update the rules governing enforcement proceedings to enhance due process and make the rules more understandable. | Proposed rule: Nov. 2023 |
| Emergency exemptions | The DOT wants to limit the rules from which drivers may be exempted during declared emergencies and add reporting requirements for such drivers. | Proposed Dec. 2022; Final rule not yet scheduled |
| Technical amendments | The FMCSA will issue its annual list of technical corrections to the Federal Motor Carrier Safety Regulations and will incorporate the latest edition of the Out-of-Service Criteria. | Final rule not yet scheduled |
| Broker/freight forwarder insurance | The FMCSA will raise the financial security amount for brokers from $10,000 to $75,000 and, for the first time, establish insurance rules for freight forwarders. | Proposed Jan. 2023; Final rule not yet scheduled |
| Fines | The FMCSA will increase its fines for inflation, which it’s required to do annually. The last increase occurred on January 6, 2023. | Final rule in late 2023/early 2024 |
Long-term actions
The FMCSA is working on other rule changes that have an uncertain future. This includes:
- Removal of the rules governing drivers’ employment applications.
- A rule to allow buses and hazmat carriers to obey traffic control devices at railroad crossings, rather than stopping at every one.
- Updates to the Unified Registration System.
- Changes to the New Entrant program to ensure applicants know the safety rules.
Key to remember: The DOT is planning numerous rule changes for 2023 and beyond. Stay tuned for rulemaking actions from the FMCSA and other DOT agencies, and weigh in when public comments are sought.
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyFocus AreaIn-Depth ArticleEnglishTransportationBusiness planning - Motor CarrierUSA
25 DOT rules in the works for this year and beyond
2023-01-05T06:00:00Z
Changes to drug-testing procedures, cargo securement rules, fines, and fees are all on the way, according to the DOT’s latest rulemaking plan.
Though a few rule changes are expected to be finalized in 2023 — such as new rules allowing the use of saliva for drug testing — many more are still in the early stages of development. The DOT expects to propose about 20 rule changes this year affecting commercial vehicle safety, and the public will be given the chance to weigh in.
The following key actions appear on the agency’s latest roadmap, listed in the order in which they’re expected to arrive. Items listed as “overdue” were expected in December 2022 but are running late.
| Topic | Description | Next Step |
| Oral fluid testing | This rulemaking would give DOT-regulated employers the option to test saliva instead of urine for drugs. | Final rule: overdue |
| Stability control | The FMCSA will update its rules to require motor carriers to maintain their electronic stability control systems. | Proposed rule: overdue |
| Tank endorsement | The FMCSA intends to update its “tank vehicle” definition to clarify the need for a tank endorsement. | Final rule: overdue |
| UCR fees | This annual rule will adjust the Unified Carrier Registration fees for 2024 and beyond. | Proposed rule: overdue |
| CDL testing | The FMCSA intends to allow states to give a CDL knowledge test prior to issuing a learner’s permit and a CDL skills test to permit holders from other states. | Proposed rule: Jan. 2023 |
| Vehicle automation | The FMCSA plans to update its regulations to account for commercial vehicles equipped with automated driving systems. | Proposed rule: Jan. 2023 |
| Cargo securement & vehicle defects | This change would further harmonize cargo securement rules with Canada, alter the rules for securing lumber, and add specificity to violations grouped under §396.3(a)(1). | Proposed rule: Feb. 2023 |
| Drug & Alcohol Clearinghouse | The FMCSA intends to revise its Clearinghouse rules to improve error-correction procedures, queries, and consent requirements. | Proposed rule: March 2023 |
| Emergency brakes | The DOT plans to require and/or establish performance standards for automatic emergency braking systems on heavy trucks. | Proposed rule: March 2023 |
| Bus exits | The FMCSA intends to amend the rules for determining the location, type, size, and number of emergency exits required on buses. | Proposed rule: March 2023 |
| Safety rating process | The FMCSA will be reevaluating its safety rating process, including its acute/critical violation lists, its three-tier rating system, and how it unearths unfit carriers. | Info-gathering: March 2023 |
| Self-insurance | The FMCSA will be amending the fees collected for processing new self-insurance applications and for ongoing monitoring of self-insurance requirements. | Proposed rule: April 2023 |
| Test refusals | The DOT plans to establish an appeals process for drivers accused of refusing a drug or alcohol test. | Proposed rule: May 2023 |
| Speed limiters | The FMCSA intends to require the use of speed limiters on interstate CDL-class vehicles. | Second proposed rule: June 2023 |
| Drug/alcohol records | The DOT is planning to update its drug/alcohol testing rules in Part 40 to allow electronic recordkeeping. | Proposed rule: Aug. 2023 |
| Bus accessibility | The DOT will be adopting new accessibility guidelines for buses and vans under 36 CFR 1192. | Proposed rule: Oct. 2023 |
| ELD update | The FMCSA will be “streamlining and improving the clarity” of its electronic logging device (ELD) rules. | Proposed rule: Nov. 2023 |
| CMV identification | This rule change would require all CMVs to be equipped with an electronic device that can send a unique vehicle ID to a roadside system, allowing enforcement to better track and target unsafe carriers. | Proposed rule: Nov. 2023 |
| Recreational activities | This change will add an exemption for 9- to 15-passenger vehicles used within a 150-air-mile radius for recreational activities. | Proposed rule: Nov. 2023 |
| Recordkeeping | The FMCSA intends to propose changes to the record retention rules in Appendix A to Part 379 to remove overlapping and unnecessary requirements. | Info-gathering: Nov. 2023 |
| Rules of practice | The FMCSA will update the rules governing enforcement proceedings to enhance due process and make the rules more understandable. | Proposed rule: Nov. 2023 |
| Emergency exemptions | The DOT wants to limit the rules from which drivers may be exempted during declared emergencies and add reporting requirements for such drivers. | Proposed Dec. 2022; Final rule not yet scheduled |
| Technical amendments | The FMCSA will issue its annual list of technical corrections to the Federal Motor Carrier Safety Regulations and will incorporate the latest edition of the Out-of-Service Criteria. | Final rule not yet scheduled |
| Broker/freight forwarder insurance | The FMCSA will raise the financial security amount for brokers from $10,000 to $75,000 and, for the first time, establish insurance rules for freight forwarders. | Proposed Jan. 2023; Final rule not yet scheduled |
| Fines | The FMCSA will increase its fines for inflation, which it’s required to do annually. The last increase occurred on January 6, 2023. | Final rule in late 2023/early 2024 |
Long-term actions
The FMCSA is working on other rule changes that have an uncertain future. This includes:
- Removal of the rules governing drivers’ employment applications.
- A rule to allow buses and hazmat carriers to obey traffic control devices at railroad crossings, rather than stopping at every one.
- Updates to the Unified Registration System.
- Changes to the New Entrant program to ensure applicants know the safety rules.
Key to remember: The DOT is planning numerous rule changes for 2023 and beyond. Stay tuned for rulemaking actions from the FMCSA and other DOT agencies, and weigh in when public comments are sought.
Recent Industry highlights
Manufacturing (31/Food/Textiles)Waste ManagementWholesale DistributionPersonal ServicesWarehousingProfessional ServicesRepair ServicesEntertainmentHealthcareMiningConstructionReal EstateRetailTransportationPublic AdministrationManufacturing (32/Non-Durable)Manufacturing (33/Durable)UtilitiesRecyclingTrashListed WasteCAAClean Air ActPrecious MetalsUsed BatteriesOily RagsHazWasteConditionally Excluded WasteCathode Ray TubesWaste BurnersResource Conservation and RecoveryWaste BurningGarbageSolvent Contaminated WipesIndustrial FurnacesMunicipal Solid WastePharmaceutical WasteCharacteristic WasteShop RagsCRTsAcute WasteLandfillingBoilersSolvent WasteRCRAHazardous Secondary MaterialsNon-Acute WasteSMS Trial EnterpriseSMS AdvancedSMS PremiumSMS TrialSMS Essentialr40CFR60.17r40CFR63.1208r40CFR63SubpartAAAAAAAr40CFR60AppendixA-7r40CFR266.104r40CFR60.2125r40CFR63.1625r40CFR60.2690r40CFR63.84940 CFR 60.1740 CFR 63.120840 CFR 63 Subpart AAAAAAA40 CFR 60 Appendix A-740 CFR 266.10440 CFR 60.212540 CFR 63.162540 CFR 60.269040 CFR 63.84940 CFR 60.17 Incorporations by reference.40 CFR 63.1208 What are the test methods?40 CFR 60 Appendix A-7 Appendix A-7 to Part 60 - Test Methods 19 through 25E40 CFR 266.104 Standards to control organic emissions.40 CFR 60.2125 How do I conduct the initial and annual performance test?40 CFR 63.1625 What are the performance test and compliance requirements for new, reconstructed, and existing facilities?40 CFR 60.2690 How do I conduct the initial and annual performance test?40 CFR 63.849 Test methods and procedures.
Popular Industry highlights
NewsIndustry NewsEnglishHAZWOPER Emergency ResponseSafety & HealthInjury and Illness RecordkeepingGeneral Industry SafetyMaritime SafetyOil Spill PreventionHAZWOPEREnvironmentalIn-Depth ArticleWater QualityUSAOil SpillsFocus AreaInjury and Illness Recordkeeping
2023-03-15T05:00:00Z
Will OSHA require records for flu-like illness in oil-spill workers?
RELATED NEWS
01/26/2023
NewsIndustry NewsFederal Motor Carrier Safety RegulationsVehicle inspector requirementsFleet SafetyDriver qualificationsDriving RecordsDriver qualification and hiringFocus AreaIn-Depth ArticleUSAEnglishTransportationBusiness planning - Motor CarrierCMV Inspections
5 DOT records you may have overlooked
09/29/2022
NewsPost-accident drug and alcohol testing - Motor CarrierIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyHours of ServiceHours of ServiceDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleEnglishTransportationBusiness planning - Motor CarrierUSA
‘Technical’ but significant rule changes may affect you
03/24/2022
NewsIndustry NewsIndustry NewsFederal Motor Carrier Safety RegulationsEnglishFederal Motor Carrier Safety Administration (FMCSA), DOTFines and penalties - Motor CarrierFocus AreaFleet OperationsEnforcement - DOTTransportationBusiness planning - Motor CarrierUSA
DOT increases penalties
TransportationSMS PremiumSMS Trial EnterpriseEncompass AdvancedSMS AdvancedEncompass PremiumEncompass EssentialSMS EssentialSMS Trialr49CFR386AppendixAr49CFR386AppendixB49 CFR 386 Appendix A49 CFR 386 Appendix B49 CFR 386 Appendix A Penalty Schedule: Violations of Notices and Orders49 CFR 386 Appendix B Penalty Schedule: Violations and Monetary Penalties
03/10/2022
NewsIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety RegulationsFederal Motor Carrier Safety Administration (FMCSA), DOTDriver qualificationsAnnual MVR reviewFocus AreaEnglishTransportationBusiness planning - Motor CarrierUSA
FMCSA eliminates the annual list of violations
12/15/2021
NewsEnforcement - DOTCompensationElectronic logging device (ELD)Electronic logging device (ELD)CMV drivingCompensationBrakesTransportationHuman ResourcesCMV Parts and MaintenancePassenger carriersEnglishBusiness planning - Motor CarrierIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety RegulationsAccident responseAccident investigation - Motor CarrierHR GeneralistFocus AreaUSA
Infrastructure bill includes numerous trucking safety provisions
12/14/2021
NewsIn-Depth ArticleCustoms and border protection (CBP)Operating AuthorityFleet TaxesTransportationRegistration and Permits - Motor CarrierRegistrationUnified Carrier Registration Agreement (UCR)Designation of process agents (BOC-3)EnglishBusiness planning - Motor CarrierIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyTransportation SecurityVehicle Registration PermitsFocus AreaUSA
Plan ahead for commercial vehicles traveling into the U.S.
11/17/2021
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyCommercial learners permit CLPFederal Motor Carrier Safety RegulationsDrug and Alcohol Testing - DOTDriver qualificationsCommercial drivers license CDLFocus AreaUSAEnglishTransportationBusiness planning - Motor CarrierDrug and Alcohol Clearinghouse - Motor Carrier
States will deny or downgrade CDLs and CLPs based on Drug and Alcohol Clearinghouse violations
10/26/2021
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyDrug and alcohol policy - Motor CarrierDrug and Alcohol Testing - DOTDrug testing - Motor CarrierReturn-to-duty drug and alcohol testing - Motor CarrierRandom alcohol and drug testing- Motor CarrierFocus AreaIn-Depth ArticleSupervisor alcohol and drug training - Motor CarrierUSAEnglishDrug and Alcohol Clearinghouse - Motor CarrierTransportationBusiness planning - Motor CarrierReasonable suspicion drug and alcohol testing - Motor Carrier
Sharp increase in positive results should inspire you to check your program
10/13/2021
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety RegulationsCommercial drivers license CDLFocus AreaEnglishTransportationBusiness planning - Motor CarrierUSA
FMCSA awards more than $76 million in grants to improve commercial motor vehicle safety
10/13/2021
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety RegulationsCommercial drivers license CDLFocus AreaEnglishTransportationBusiness planning - Motor CarrierUSA
FMCSA awards more than $76 million in grants to improve commercial motor vehicle safety
08/13/2021
NewsIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety RegulationsTransportation SecurityTransportation SecurityBusiness policies and procedures - Motor CarrierFocus AreaEnglishTransportationBusiness planning - Motor CarrierUSA
Exceeding the FMCSRs through corporate policies
RELATED TOPICS
['Revenue - Motor Carrier']
Introduction
['Reports - motor carrier financial']
Introduction
['New entrant requirements - Motor Carrier']
Introduction
['Insurance and risk management - Motor Carrier']
Introduction
['Cost management and strategy - Motor Carrier']
Introduction
['Claims and lawsuits filing deadlines - Motor Carrier']
Introduction
['Cargo liability']
Introduction
['Cabotage - point to point transportation']
Introduction
['Business policies and procedures - Motor Carrier']
Introduction
['Business planning - Motor Carrier']
Introduction
['Federal Motor Carrier Safety Regulations']
Introduction
['Trip planning']
Introduction
['Company growth - Motor Carrier']
Introduction
['Equipment specing and purchasing - Motor Carrier']
Introduction
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.