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.
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
2022-09-29T05:00:00Z
The FMCSA has made another series of what it calls “technical corrections” to its safety regulations.
Though such changes are typically minor and go unnoticed, the latest round includes some impactful revisions, including:
- Clarification of the type of test results you may use after a crash, and
- Changes to the hours-of-service exemption for agricultural operations.
Some changes were required by Congress in the Infrastructure Improvement and Jobs Act, so the FMCSA was not required to provide any advance warning before amending the rules.
Also included were a variety of small grammatical and procedural changes throughout the Federal Motor Carrier Safety Regulations, with no effect on compliance.
Most changes went into effect on the day they were published: September 29, 2022.
Significant changes
As part of the changes, the FMCSA:
- Revised the hours-of-service exemption for agricultural operations to specify (as required by Congress) that the hours-of-service rules do not apply to drivers transporting livestock within a 150 air-mile radius from either the source of the livestock or its final destination. The exemption is limited to the state’s planting and harvesting season (see §395.1(k)).
- Clarified that motor carriers may use the results of post-accident tests conducted by “federal, state, or local officials” only if they are “law enforcement or public safety officials.” The FMCSA says this change is consistent with the original intent of the rules. See §382.303(g).
- Clarified that entry-level training providers may use the Training Provider Registry website to remove themselves from the list of registered providers.
- Increased the length of time that a restricted CDL issued to a driver employed in a farm-related service industry will remain valid to 210 days, up from 180 days.
- Clarified that when a state learns that a driver is listed as “prohibited” in the Drug & Alcohol Clearinghouse, the driver’s CDL or permit privileges must be revoked; the driver cannot merely be restricted to in-state driving.
- Amended the list of “acute” violations in Appendix B to Part 385 to clarify that paragraph 382.305(a) is the correct citation for motor carriers that fail to implement a random testing program. The acute violations are among those that can affect a carrier’s safety rating after an audit.
- Increased the length of time the states may use grant money to enforce federal safety regulations and clarified when grants may be used to combat human trafficking.
No DVIR change
One change required by Congress didn’t make it into this round of corrections: the addition of rear impact guards to the list of critical components to be included on a post-trip inspection report.
Congress gave the FMCSA until November 15, 2022, to make that change to §396.11. There’s no word on why it was not included among the agency’s latest technical corrections, or when the change will be made.
Key to Remember: The FMCSA has made a variety of changes to the Federal Motor Carrier Safety Regulations, most technical in nature but some having an impact on compliance.
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
2022-09-29T05:00:00Z
The FMCSA has made another series of what it calls “technical corrections” to its safety regulations.
Though such changes are typically minor and go unnoticed, the latest round includes some impactful revisions, including:
- Clarification of the type of test results you may use after a crash, and
- Changes to the hours-of-service exemption for agricultural operations.
Some changes were required by Congress in the Infrastructure Improvement and Jobs Act, so the FMCSA was not required to provide any advance warning before amending the rules.
Also included were a variety of small grammatical and procedural changes throughout the Federal Motor Carrier Safety Regulations, with no effect on compliance.
Most changes went into effect on the day they were published: September 29, 2022.
Significant changes
As part of the changes, the FMCSA:
- Revised the hours-of-service exemption for agricultural operations to specify (as required by Congress) that the hours-of-service rules do not apply to drivers transporting livestock within a 150 air-mile radius from either the source of the livestock or its final destination. The exemption is limited to the state’s planting and harvesting season (see §395.1(k)).
- Clarified that motor carriers may use the results of post-accident tests conducted by “federal, state, or local officials” only if they are “law enforcement or public safety officials.” The FMCSA says this change is consistent with the original intent of the rules. See §382.303(g).
- Clarified that entry-level training providers may use the Training Provider Registry website to remove themselves from the list of registered providers.
- Increased the length of time that a restricted CDL issued to a driver employed in a farm-related service industry will remain valid to 210 days, up from 180 days.
- Clarified that when a state learns that a driver is listed as “prohibited” in the Drug & Alcohol Clearinghouse, the driver’s CDL or permit privileges must be revoked; the driver cannot merely be restricted to in-state driving.
- Amended the list of “acute” violations in Appendix B to Part 385 to clarify that paragraph 382.305(a) is the correct citation for motor carriers that fail to implement a random testing program. The acute violations are among those that can affect a carrier’s safety rating after an audit.
- Increased the length of time the states may use grant money to enforce federal safety regulations and clarified when grants may be used to combat human trafficking.
No DVIR change
One change required by Congress didn’t make it into this round of corrections: the addition of rear impact guards to the list of critical components to be included on a post-trip inspection report.
Congress gave the FMCSA until November 15, 2022, to make that change to §396.11. There’s no word on why it was not included among the agency’s latest technical corrections, or when the change will be made.
Key to Remember: The FMCSA has made a variety of changes to the Federal Motor Carrier Safety Regulations, most technical in nature but some having an impact on compliance.
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
02/22/2023
NewsIndustry NewsIndustry NewsFleet SafetyEnglishFederal Motor Carrier Safety Administration (FMCSA), DOTHours of ServiceHours of ServiceOut-of-service criteria - Motor CarrierFocus AreaEnforcement - DOTRoadside InspectionsTransportationUSA
Out-of-service criteria changes coming soon
TransportationPre-Trip InspectionsWheels and RimsReflectorsParking/Hand BrakeTrailer Brake ConnectionsHornTiresSteering Wheel/MechanismVehicle Lights and LampsPost-Trip InspectionsWindshield WipersDriver InspectionsMaintenance InspectionsPre Trip InspectionsEmergency EquipmentPost Trip InspectionsVehicle MaintenanceEn Route InspectionsRearview/Rear-Vison MirrorsService BrakesCoupling DevicesSMS TrialEncompass PremiumSMS EssentialEncompass EssentialSMS AdvancedSMS Trial EnterpriseSMS PremiumEncompass Advanced
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
01/09/2023
NewsPost-accident drug and alcohol testing - Motor CarrierIndustry NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleEnglishTransportationUSA
Don’t crash your safety rating because of failing to post-accident test
TransportationControlled SubstancesConsortiumPre Employment TestingMedical Review OfficersTestingRandom TestingPost Accident TestingSAPsTPAsSubstance Abuse ProfessionalsProhibitionsMROsReasonable SuspicionThird Party AdministratorsSMS PremiumSMS Trial EnterpriseEncompass PremiumEncompass EssentialSMS AdvancedSMS EssentialEncompass AdvancedSMS Trialr49CFR382.30349 CFR 382.30349 CFR 382.303 Post-accident testing.
12/15/2022
NewsIndustry NewsIndustry NewsFleet SafetyElectronic logging device (ELD)Federal Motor Carrier Safety Administration (FMCSA), DOTHours of ServiceElectronic logging device (ELD)Hours of ServiceDriver's record of duty statusFocus AreaEnglishTransportationUSA
Is your ELD in danger of dying along with 3G?
Transportation14-Hour On-Duty RuleELDs60-Hour/7-Day LimitSleeper-Berth ProvisionSplit-Sleeper Option11-Hour Daily Driving LimitRecord of Duty StatusAdverse Driving ConditionsHOS150-Air-Mile Non-CDL Provision70-Hour/8-Day Limit100-Air-Mile Exception100-Air-Mile Radius Driver16-Hour Short Haul Exception34-Hour Restart ProvisionMandatory Break ProvisionOilfield Exception10-Hour Off-Duty RuleSMS TrialSMS AdvancedEncompass EssentialSMS Trial EnterpriseEncompass PremiumSMS PremiumSMS EssentialEncompass Advancedr49CFR395.3449 CFR 395.3449 CFR 395.34 ELD malfunctions and data diagnostic events.
12/08/2022
NewsIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTHours of ServiceHours of ServiceFocus AreaEnglishTransportationUSA
FMCSA proposes narrowing the scope of emergency declarations
TransportationOilfield ExceptionHOS100-Air-Mile Exception100-Air-Mile Radius DriverSplit-Sleeper Option70-Hour/8-Day LimitAdverse Driving Conditions34-Hour Restart Provision16-Hour Short Haul Exception60-Hour/7-Day Limit11-Hour Daily Driving LimitSleeper-Berth ProvisionMandatory Break ProvisionRecord of Duty Status14-Hour On-Duty Rule150-Air-Mile Non-CDL Provision10-Hour Off-Duty RuleSMS Trial EnterpriseSMS PremiumEncompass AdvancedSMS AdvancedEncompass PremiumEncompass EssentialSMS TrialSMS Essentialr49CFR390.23r49CFR395.3r49CFR390.25r49CFR390.549 CFR 390.2349 CFR 395.349 CFR 390.2549 CFR 390.549 CFR 390.23 Relief from regulations.49 CFR 395.3 Maximum driving time for property-carrying vehicles.49 CFR 390.25 Extension of relief from regulationsemergencies.49 CFR 390.5 Definitions. [Suspended]
09/08/2022
NewsIndustry NewsEnglishFleet SafetyHours of ServiceHours of ServiceInternational Registration Plan (IRP)Focus AreaIn-Depth ArticleUSAFleet TaxesInternational Fuel Tax Agreement (IFTA)TransportationRegistration and Permits - Motor CarrierRegistration
Avoid this common error: HOS exemptions do not apply to IFTA or IRP
09/01/2022
NewsIndustry NewsIndustry NewsFleet Safety70-hour 8-day limitFederal Motor Carrier Safety Administration (FMCSA), DOTHours of ServiceHours of Service60-hour 7-day limit14-hour rule11-hour driving ruleFocus AreaEnglishTransportationUSA
FMCSA again extends COVID-19 emergency exemption
TransportationMandatory Break ProvisionSplit-Sleeper Option100-Air-Mile Exception60-Hour/7-Day Limit14-Hour On-Duty RuleRecord of Duty Status16-Hour Short Haul Exception34-Hour Restart ProvisionAdverse Driving Conditions11-Hour Daily Driving Limit10-Hour Off-Duty Rule150-Air-Mile Non-CDL Provision70-Hour/8-Day LimitSleeper-Berth ProvisionOilfield Exception100-Air-Mile Radius DriverHOSSMS EssentialSMS PremiumSMS TrialEncompass AdvancedSMS AdvancedEncompass EssentialSMS Trial EnterpriseEncompass Premiumr49CFR395.349 CFR 395.349 CFR 395.3 Maximum driving time for property-carrying vehicles.
RELATED TOPICS
['150 air-mile radius exception']
Introduction
['30-minute break rule']
Introduction
['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
['11-hour driving rule']
Introduction
['Hours of service - Canada']
Introduction
['8-hour off-duty rule']
Introduction
['Adverse driving conditions']
Introduction
['On-duty time - Motor Carrier']
Introduction
['Hours of Service']
Introduction
['Federal Motor Carrier Safety Regulations']
Introduction
['14-hour rule']
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.