§382.403 Reporting of results in a management information system

Question 1: The Federal Motor Carrier Administration (FMCSA) regulations are written on an annual calendar year basis. Will foreign motor carriers, using this system, work from July 1 to June 30, or is everything to be managed on a six-month basis for the first year and then fall into annual calendar years subsequently?

Guidance: All motor carriers must manage their programs and report results under §382.403, if requested by Federal Motor Carrier Administration (FMCSA), on a January 1 to December 31 basis. This means that foreign motor carriers will report July 1 to December 31 results the first applicable year.

Question 2: Annual MIS Requirements: Do motor carriers need to report their drug and alcohol results to FMCSA every year?

Guidance: Motor carriers submit management information system (MIS) drug and alcohol reports to FMCSA upon request. Every motor carrier shall prepare and maintain their previous year’s drug and alcohol MIS report in a safe and secure location, with controlled access, and make them available for inspection when requested by authorized personnel. These records should be maintained for a period of 5 years. Every year FMCSA randomly selects a group of motor carriers to report their MIS results. If you are selected, you are required to formally submit your previous year’s MIS drug and alcohol results to FMCSA, and you will receive a notice with a username and password to file your MIS results online. FMCSA expects a 100% response rate from motor carriers selected to report their previous year’s drug and alcohol testing results. Motor carriers that don’t respond to the notice requesting submission of MIS results may be subject to civil penalties of up $1,000 dollars per day that the motor carrier fails to comply. See 49 CFR §382.401 and §382.403 for more information.