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NewsIndustry NewsVehicle inspector requirementsAnnual inspections - Motor CarrierIn-Depth ArticleUSAEnglishFocus AreaCMV Inspections
September
Bringing annual inspections in-house: A smart option for motor carriers
Many motor carriers rely on outside repair facilities to perform their required annual vehicle inspections. However, federal regulations allow carriers to conduct these inspections in their own maintenance facilities, provided they use properly qualified inspectors and maintain the required documentation. For fleets with an established shop operation, bringing annual inspections in-house can improve compliance, reduce costs, and provide greater control over vehicle maintenance programs.[PC1.1] Under Federal Motor Carrier Safety Administration (FMCSA) regulations, most commercial motor vehicles must undergo a periodic inspection at least once every 12 months. These inspections must meet the requirements found in 49 CFR 396.17 and the inspection criteria established in Part 393 and Appendix A to Part 396. Carriers are not required to outsource this process. Qualified employees can perform annual inspections in the carrier's own shop.
Key benefits of internal inspection programs
One of the primary benefits of conducting annual inspections internally is scheduling flexibility. Instead of waiting for service appointments at outside facilities, carriers can inspect vehicles as they become due, reducing downtime and helping prevent expiration-related violations. In-house inspections can also reduce inspection expenses, improve maintenance oversight, and allow fleets to identify defects before they become costly roadside violations or out-of-service conditions.
How do I choose the right inspector?
We often get questions about what certifications a mechanic must have to perform annual inspections. The FMCSA does not outline or require any specific certifications. To perform annual inspections, carriers must ensure inspectors meet the qualification requirements outlined in 49 CFR 396.19. Qualified inspectors must:
- Understand the inspection criteria contained in Part 393 and Appendix A;
- Be knowledgeable in the methods, tools, procedures, and equipment used during inspections; and
- Qualify through either a federal or state-sponsored training program, a state-issued inspection certification, or a combination of training and experience totaling at least one year.
Recordkeeping
Inspector qualification documentation is often overlooked. FMCSA requires carriers to retain evidence of an inspector's qualifications for the period the individual performs annual inspections and for one additional year after they stop performing inspections. Training certificates, resumes, employment records, and experience documentation are commonly used to demonstrate compliance. This documentation can be stored separately from the mechanic’s employment file. During a compliance review, audit, or investigation, this documentation will likely be requested.
Tracking inspection due dates and records
Carriers should also establish a reliable process for tracking inspection due dates and inspector qualification records. Many fleets use maintenance management software or electronic compliance systems that automatically generate reminders before annual inspections expire. Others maintain spreadsheets that track inspection dates and inspector credentials. Regardless of the method used, proactive tracking helps prevent lapses that can result in violations during audits or roadside inspections.
Annual inspection reports must also be retained. Under 49 CFR 396.21, carriers must keep the inspection report for at least 14 months from the date of inspection. The report must be available upon request and maintained where the vehicle is housed or maintained.
Key to remember: With the proper foundation in place, in-house annual inspections can become an efficient and cost-effective component of a carrier's overall maintenance and compliance strategy.
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2026-09-30T05:00:00Z
NewsIndustry NewsFleet SafetyHours of ServiceHours of ServiceFocus AreaIn-Depth ArticleEnglishTransportationUSA
Fuel carriers get temporary HOS relief as supply concerns grow
A lingering fuel supply crunch tied to ongoing instability involving Iran has prompted the DOT to temporarily ease hours-of-service requirements for carriers hauling gasoline and diesel fuel.
For fuel transporters, the waiver offers added flexibility, but it also comes with specific conditions — and risks — that carriers must understand before taking advantage of the relief.
Global disruptions
The Federal Motor Carrier Safety Administration (FMCSA) issued the hours-of-service (HOS) waiver on September 16, 2026. The agency says HOS flexibility is needed this fall to “address potential increases in transportation and agricultural harvesting demands,” particularly in light of the “current global supply chain disruptions.”
The waiver remains in effect through December 16, 2026.
What relief does it provide?
The waiver exempts qualifying motor carriers and drivers from the standard property-carrying HOS limitations found in 49 CFR 395.3 while transporting gasoline and diesel fuel. However, this is not a complete suspension of fatigue-management requirements. Among the conditions that must still be met:
- Drivers may not drive more than 16 hours in any 24-hour period (even if the driver claims an existing HOS exception found in 395.1).
- Drivers must take either:
- At least 6 consecutive hours in a sleeper berth during each 24-hour period, or
- At least 8 consecutive hours off duty if no sleeper berth is available.
- Drivers who need rest must be allowed to immediately stop and obtain at least 10 consecutive hours off duty before resuming operations.
How can you claim it?
There is no application process; the waiver applies automatically to qualifying operations, provided carriers and drivers comply with the stated conditions. To operate under the waiver, carriers and drivers should do all of the following:
- Confirm the load involves the interstate transportation of gasoline or diesel fuel.
- Verify the carrier is not operating under a conditional safety rating and that neither the carrier nor the driver is subject to an out-of-service order.
- Verify the driver holds a valid CDL with all required endorsements.
- Keep a physical or digital copy of the waiver in the vehicle and present it to enforcement personnel upon request. The waiver is available at https://bit.ly/3VYC9X1.
- Follow the waiver’s modified duty and rest requirements, including the 16-hour driving cap and required rest periods (including an immediate 10 hours off duty if the driver requests it).
- Maintain compliance with all other FMCSA, hazardous materials, CDL, drug-and-alcohol testing, insurance, and state requirements that are not specifically waived.
- Keep a tally of all drivers who use the waiver, in case the FMCSA asks for it.
- Report qualifying crashes to the FMCSA within 2 business days if a driver was operating under the waiver at the time of the accident. (Refer to the waiver for reporting requirements.)
Not a free pass
A common mistake during HOS relief periods is assuming all rules have been suspended. That’s not the case here; all other Federal Motor Carrier Safety Regulations continue to apply.
For intrastate operations that follow state rules rather than federal, the FMCSA says states have the option, but are not required, to adopt the same waiver with respect to intrastate commerce.
Key to remember: A new FMCSA waiver gives relief from the normal hours-of-service rules for drivers transporting gasoline or diesel fuel, through December 16, 2026, if certain conditions are followed.
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2026-09-30T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveTime offFamily and Medical Leave Act (FMLA)HR ManagementEnglishLeaveUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaHuman Resources
Employee fired for falsifying time clock records, not for taking FMLA leave
Laurie, an employee, had been working at the company for many years. In October 2021, Laurie gave Julie, her supervisor, and the HR manager notice that she would need time off to start chemotherapy treatment for her autoimmune disorder. Julie told Laurie to use her paid time off (PTO) before taking leave under the federal Family and Medical Leave Act (FMLA).
On November 24, 2021, an employee told Julie that Laurie was late for work. A week or so later, Julie was doing payroll and noticed that Laurie clocked in at 7:28 a.m. for her 7:30 shift on November 24. But because she had been told that Laurie was late that day, she investigated further by looking at timekeeping records from the company’s mobile timekeeping app. Those records showed that Laurie had clocked in 33 times from outside the office, even though the company prohibited employees from clocking in before they were physically in the office.
Julie showed the results of her investigation to Daniel, a company director, who decided Laurie should be terminated. The employer fired Laurie on January 28, 2022, and she sued, claiming that the employer violated her FMLA rights by encouraging her to use PTO instead of FMLA leave and not properly notifying her of her right to use FMLA leave.
The court found that Laurie didn’t suffer any harm from these employer actions. She was granted FMLA leave and hadn’t missed any medical treatments. Had she been given FMLA leave, the employer could legally require her to use PTO concurrently, so the result would have been the same.
Laurie also argued that less than a month after she began taking leave, she was late for work, and an investigation was initiated. Despite no disciplinary history, she was terminated. She claimed the employer didn’t ask her for an explanation before investigating her tardiness.
The employer, however, identified 33 occasions when Laurie clocked in off-site in violation of company policy. The court agreed with the employer that the policy violation, not the leave, was the reason the employer fired Laurie, and ruled in the employer’s favor.
Valentine v. Riverside Radiology and Interventional Associates, et al., Southern District of Ohio, No. 2:24-cv-357, June 11, 2026
Key to remember: Employers can successfully terminate employees while on leave as long as the reason isn’t directly related to the leave.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-09-29T05:00:00Z
NewsIndustry NewsHuman ResourcesHR GeneralistFocus AreaIn-Depth ArticleUSAAssociate RelationsEnglishHR ManagementDisabilities and ADADisabilities and ADAReasonable Accommodations
5 ADA myths and facts — What employers should know
Since 1990, the federal Americans with Disabilities Act (ADA) has prohibited covered employers from discriminating against applicants and employees with disabilities in many employment-related activities — from recruiting to advancement, to pay and benefits.
Over the decades, employers have developed some myths, or misunderstandings, about the ADA. Here are a handful, as well as the facts.
Myth #1: Job reassignment is the accommodation employers should consider first.
Fact: Job reassignment is an accommodation of last resort. Employers should first consider workplace changes that enable employees to continue to perform their job duties. Only after determining that no such accommodation is available should employers reassign workers.
Myth #2: The ADA forces employers to hire unqualified individuals with disabilities.
Fact: Applicants who are unqualified for a job cannot claim discrimination under the ADA. Under the ADA, to be protected from discrimination in hiring, an individual with a disability must be qualified, which means the person must meet all requirements for a job and be able to perform, with or without reasonable accommodation, its essential functions.
Myth #3: Employees with invisible disabilities must tell their employers about their disabilities.
Fact: An employee with an invisible disability isn’t required to tell an employer that they have a disability. If an employee has an invisible disability but it doesn't have any impact on their ability to perform job-related tasks, then the employee doesn't have to tell their employer.
Myth #4: Under the ADA, an employer may not fire an employee who has a disability.
Fact: Employers may fire workers with disabilities under three conditions:
- The termination is unrelated to the disability;
- The employee doesn’t meet legitimate requirements for the job, such as performance or production standards, with or without a reasonable accommodation; or
- Because of an employee's disability, they pose a direct threat to health or safety in the workplace.
Myth #5: Providing accommodations for people with disabilities is expensive.
Fact: Most workers with disabilities don’t need accommodations to do their jobs, and for those who do, the cost is usually minimal. According to the Job Accommodation Network (JAN), a service from the U.S. Department of Labor's Office of Disability Employment Policy, 58 percent of accommodations cost absolutely nothing to make, while the rest typically cost about $500. Tax incentives are also available to help employers cover the costs of accommodations, as well as modifications required to make their businesses accessible to persons with disabilities.
Key to remember: The ADA has garnered many myths since its inception. Employers can help dispel some myths about the ADA by learning the facts.
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2026-09-29T05:00:00Z
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyBusiness planning - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationBusiness planning - Motor CarrierRegistration
Not a “trucking company?” You may still need operating authority
Just because you aren’t hauling toilet paper or groceries doesn’t mean you don’t need a USDOT number. Landscapers, farmers, outdoor recreation companies, and even rock stars (tour buses) sometimes need operating authority, depending on their operations.
Examples of other “non-trucking companies” that may still need operating authority include:
- Universities;
- Blood donation vehicles,
- Home health agencies,
- Utility companies,
- Food trucks, and
- Event production companies.
How do you know if you need to apply for authority?
Per the Federal Motor Carrier Safety Administration (FMCSA), all interstate commercial motor vehicles (private, for-hire[TL1.1], and exempt) that meet the definition of commercial motor vehicle found in 390.5 must submit them online through Motus at https://motus.dot.gov and obtain a USDOT number before beginning operations.
The commercial motor vehicle definition includes a vehicle which operates in interstate commerce, and:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
- Is designed to transport more than 8 passengers (including the driver) for compensation;
- Is designed to transport 16 or more passengers including the driver, and isn’t used to transport passengers for compensation; or
- Is transporting hazardous materials in quantities requiring the vehicle to be placarded.
Not operating as an interstate carrier doesn’t mean you’re in the clear, as many states require USDOT numbers for intrastate carriers. If you fall into this category, it’s important to check your states' requirements.
How do you obtain operating authority?
If you don’t already have a USDOT number, you can obtain one by applying for authority through Motus. The registration process requires basic company demographics to be provided. This information isn’t directly used for safety scoring but does provide information that is helpful to the FMCSA for studies and investigations.
After being issued a new entrant registration, the carrier is subject to an 18-month safety-monitoring period. During this safety monitoring period, the carrier’s roadside safety performance will be closely monitored to ensure the carrier’s basic safety management controls are operating effectively. Also, during this safety-monitoring period, the motor carrier (MC) will receive a safety audit.
For those operating intrastate, the process may be different. Check with your state's department of transportation to learn more about what you need to do.
Why is this necessary?
Larger vehicles, as well as those carrying hazardous materials, pose a higher risk to both themselves and the motoring public. By regulating who may operate these vehicles, and for how long, the FMCSA prioritizes keeping the roadways safe for all who use them.
Key to remember: All companies who operate a commercial motor vehicle in interstate commerce are expected to adhere to the Federal Motor Carrier Safety Regulations — even those who don’t operate as a “traditional trucking company.”
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2026-09-29T05:00:00Z
NewsChange NoticesChange NoticeAssociate Benefits & CompensationCaliforniaAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman Resources
California bereavement leave expanded
Effective date: January 1, 2027
This applies to: California employers with five or more employees
Description of change: On September 27, California Gov. Gavin Newsom signed SB 1149, which expands the state law entitling employees to bereavement leave. The law will now allow employees to take bereavement leave for the death of a “designated person,” which means any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship.
Employees may identify a designated person when they request the leave.
Employers may limit employees to one designated person per 12-month period for bereavement leave.
The law still requires employees to have worked for the employer for at least 30 days before taking bereavement leave, and entitles employees to take up to 5 days of bereavement leave, which may be taken intermittently. If employers don’t have an existing bereavement leave policy, the bereavement leave may be unpaid, but employees may use their paid time off.
View related state info: FMLA - California
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.