2020 FMCSA Rules

#1 Drug and Alcohol Clearinghouse

All parties involved in the drug and alcohol testing process for CDL holders will be required to register, including motor carriers (employers), consortiums/TPAs, service agents, medical review officers/substance abuse professionals, and drivers – at least most of them over time. Not every driver will have to register (those who are long-time employees and who have never failed a drug/alcohol test probably won’t be required to register.)

Beginning Jan. 6, carriers will be required to query the system when hiring and annually for all current CDL holders in their employ. Carriers will conduct a limited query first, which only tells them if there is a record in the database on that driver. If the query comes back ‘yes, there’s info,’ then a full query is required.

Driver consent is required to query the database. That can be a consent form included in the application packet for limited queries, but for full queries, drivers must give their consent through the clearinghouse. Queries are $1.25 each – there are bundles offered, but there is no price break. Carriers have to have money in their account before they can query. There is a no-limit annual fee of $24,500, but only a few carriers in the country would need the unlimited plan.

Carriers have three business days to report violations, including refusals to be tested.

A record of each query and information obtained from the clearinghouse must be kept for three years. For the first three years, employers must both query the clearinghouse and conduct manual queries an applicant’s former employee, since it will take some time for the database to be populated with data. After Jan. 6, 2023, employers must only use the clearinghouse.

#2 Entry-Level Driver Training
Entry-level driver training rule is slated to take effect in February 2020 and requires new training rules applicable to those applying for a CDL, CDL upgrades (from Class B to Class A, or instance) or for S/P/H endorsements.

Those seeking a CDL are required to obtain training from a certified provider in order to take a CDL skills test.

This rule also requires CDL training providers to register with the FMCSA’s training provider registry (TPR). Training providers registered must deliver FMCSA’s required curriculum. It is believed that this rule was created to raise the “entry bar” for new drivers, which could affect the supply of drivers. The training is likely to be more expensive as well.

#3 Hours of Service Rule Changes
Among the changes are adjustments to the 30-minute rest break rule, changes to the sleeper berth rule, a change to the 14-hour running clock rule that would allow it to pause, or stop, between 30 minutes and 3 hours for break time, a change in the short haul-driver exception to 150 air miles and 14 consecutive hours versus the current 100 air miles and 12 consecutive house. There is a belief that this change could allow more drivers to be exempt from the EDL rule. Also, among the changes is proposal to extend the 14-hour on-duty window by two hours due to adverse driving conditions.

Many of these changes could end up being part of the HOS rule, but a few may not make the cut.

#4  CSA Changes
The CSA has been around for some time and has been plagued by problems from the beginning. An independent study in 2017 recommended wholesale changes with a new scoring model needed.

A revised model may have fewer BASICS and predicted that the industry probably would see a new CSA that focuses on violations that matter in terms of safety as opposed to those that don’t, such as paperwork violations. While such violations could still result in a citation, they would be included in the CSA score.

#5  Under-21 Driver Initiatives
There is a pilot program that allows 18- to 20-year-old drivers with military driving experience to obtain CDLs.

A better solution would be a graduated CDL that has limitations and restrictions, as those imposed in some states on auto drivers between 16 and 18 years old, with the limits gradually increased as the drivers gain experience.

2021 FMCSA Rules

Revisions to Civil Penalty Amounts
In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2020 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. In additional, this final rule makes conforming revisions to Federal Motor Carrier Safety Administration regulations to reflect inflationary adjustments to the statutorily-mandated civil penalties for violations of Federal law.

Rulemaking Procedures Update
In accordance with the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled “Regulatory Freeze Pending Review,” the Department delays the effective date of the final rule, “Rulemaking Procedures Update,” until March 21, 2021

Administrative Rulemaking, Guidance, and Enforcement Procedures
This final rule removes the Department’s internal policies and procedures relating to the issuance of rulemaking and guidance documents from the Code of Federal Regulations. In addition, this final rule removes regulations concerning the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.

Civil Penalty Amounts
In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2021 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. In addition, this rule amends the Federal Aviation Administration regulations to set forth the new civil penalties established in Division V, Title I of the Consolidated Appropriations Act, 2021. The rule also corrects a rounding error in an FAA penalty.

Extension of Compliance Date for Entry-Level Driver Training
FMCSA finalizes its February 4, 2020 interim final rule (interim rule), which revised a December 8, 2016, final rule, “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (ELDT final rule). This action finalizes the extension of the compliance date for the ELDT final rule from February 7, 2020, to February 7, 2022. This action provides FMCSA additional time to complete development of the Training Provider Registry (TPR) and provides State Driver Licensing Agencies (SDLAs) time to modify their information technology (IT) systems and procedures, as necessary, to accommodate their receipt of driver-specific ELDT data from the TPR.

General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also makes nondiscretionary, ministerial changes that are statutorily mandated and changes that merely align regulatory requirements with the underlying statutory authority. Finally, this rule contains two minor changes to FMCSA’s rules of agency procedure or practice that relate to separation of functions and allowing FMCSA and State personnel to conduct off-site compliance reviews of motor carriers following the same safety fitness determination criteria used in on-site compliance reviews.

Commercial Driver’s License Standards, Requirements and Penalties; Exclusively Electronic Exchange of Driver History Record Information
FMCSA codifies the statutory requirement that State driver licensing agencies (SDLAs) implement a system and practices for the exclusively electronic exchange of driver history record (DHR) information through the Commercial Driver’s License Information System (CDLIS), including the posting of convictions, withdrawals, and disqualifications. The rule aligns FMCSA’s regulations with existing statutory requirements set forth in the Moving Ahead for Progress in the 21st Century Act (MAP-21). The rule also establishes a date by which States must be in substantial compliance with this final rule.

Certification for Conducting Driver or Vehicle Inspections, Safety Audits, or Investigations
FMCSA incorporates by reference in its regulations the Commercial Vehicle Safety Alliance’s (CVSA) “Operational Policy 4: Inspector Training and Certification,” as required by the Fixing America’s Surface Transportation Act (FAST Act). The CVSA policy provides the current policy and practices for FMCSA employees, State or local government employees, and contractors to obtain and maintain certification for conducting driver or vehicle inspections. It has been Attachment A to FMCSA’s “Certification Policy for Employees Who Perform Inspections, Investigations, and Safety Audits.” Consistent with the requirements of the FAST Act, this rule substitutes the most recent version of the CVSA policy, reflecting revisions to the version referenced in the July 8, 2019 notice of proposed rulemaking (NPRM). The revisions include availability of inspector certification extensions under declared emergency situations adopted in response to the COVID-19 National emergency. This rule also replaces an interim final rule (IFR) in place since 2002.

Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License
FMCSA is amending its regulations to establish requirements for State Driver’s Licensing Agencies (SDLAs) to access and use information obtained through the Drug and Alcohol Clearinghouse (DACH or Clearinghouse), an FMCSA-administered database containing driver- specific controlled substance (drug) and alcohol records. SDLAs must not issue, renew, upgrade, or transfer a commercial driver’s license (CDL), or commercial learner’s permit (CLP), as applicable, for any individual prohibited under FMCSA’s regulations from performing safety- sensitive functions, including driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations. Further, SDLAs must remove the CLP or CDL privilege from the driver’s license of an individual subject to the CMV driving prohibition, which would result in a downgrade of the license until the driver complies with return-to-duty (RTD) requirements. This rule also requires States receiving Motor Carrier Safety Assistance Program (MCSAP) grant funds to adopt a compatible CMV driving prohibition applicable to CLP and CDL holders who violate FMCSA’s drug and alcohol program requirements and makes clarifying and conforming changes to current regulations. The final rule will help keep unsafe drivers off the road by increasing compliance with the CMV driving prohibition.

General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also makes nondiscretionary, ministerial changes that merely align regulatory requirements with the underlying statutory authority. Finally, FMCSA adds two new provisions for transparency relating to agency management and to FMCSA’s rules of organization, procedures, or practice, and makes corresponding changes to definitions, addresses, and employee titles throughout the FMCSRs.

Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Non-Issuance/Downgrade of Commercial Driver’s License; Correction
In a final rule published in the Federal Register on October 7, 2021, FMCSA amended its regulations to establish requirements for State Driver’s Licensing Agencies to access and use information obtained through the Drug and Alcohol Clearinghouse, an FMCSA- administered database containing driver-specific controlled substance and alcohol records. The final rule included amendatory instructions that need to be corrected because of a subsequent, unrelated rulemaking action affecting the same section of the Federal Motor Carrier Safety Regulations. This notice makes that correction.

Parts and Accessories Necessary for Safe Operation; Rear Impact Guards and Rear Impact Protection

FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to include rear impact guards on the list of items that must be examined as part of the required annual inspection for each commercial motor vehicle (CMV). In addition, FMCSA amends the labeling requirements for rear impact guards, and excludes road construction controlled (RCC) horizontal discharge trailers from the rear impact guard requirements, consistent with changes made by the National Highway Traffic Safety Administration (NHTSA) to the corresponding Federal Motor Vehicle Safety Standards (FMVSS). This final rule responds to rulemaking petitions, as well as a recommendation from the Government Accountability Office (GAO).

Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits
FMCSA amends its Hazardous Materials Safety Permits regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook containing inspection procedures and Out-of-Service Criteria (OOSC) for inspections of shipments of transuranic waste and highway route controlled quantities of radioactive material. The OOSC provide enforcement personnel nationwide, including FMCSA’s State partners, with uniform enforcement tolerances for inspections. Through this rule, FMCSA incorporates by reference the April 1, 2021, edition of the handbook.

Qualifications of Drivers; Vision Standard
FMCSA amends its regulations to permit individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle (CMV) in interstate commerce under specified conditions. Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from FMCSA. The new alternative vision standard replaces the current vision exemption program as the basis for determining the physical qualification of these individuals.

Commercial Driver’s License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test
FMCSA amends its regulatory guidance to explain that FMCSA’s current statutory authorities and regulations do not prohibit third party testers from administering the commercial driver’s license knowledge tests for all classes and endorsements. SDLAs may accept the results of knowledge tests administered by third party testers in accordance with existing knowledge test standards and requirements set forth in 49 CFR part 383, subparts G and H.

Qualifications of Drivers; Vision Standard; Correction
In a final rule published in the Federal Register on January 21, 2022, FMCSA amended its regulations to permit individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle in interstate commerce under specified conditions. The document included an incorrect date for grandfathered drivers who participated in a vision waiver study program to come into compliance with the provisions in the final rule.

Parts and Accessories Necessary for Safe Operation; Authorized Windshield Area for the Installation of Vehicle Safety Technology
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to increase the area on the interior of commercial motor vehicle (CMV) windshields where certain vehicle safety technology devices may be mounted. In addition, FMCSA adds items to the definition of vehicle safety technology. This final rule responds to a rulemaking petition from Daimler Trucks North America (DTNA).

Record of Violations
FMCSA amends its regulations to eliminate the requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record (MVR) for each driver it employs from every State in which the driver holds or has held a CMV operator’s license or permit in the past year. To ensure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority rather than by a State, the Agency amends the rule to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.

2022 FMCSA Rules

Record of Violations
FMCSA amends its regulations to eliminate the requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record (MVR) for each driver it employs from every State in which the driver holds or has held a CMV operator’s license or permit in the past year. To ensure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority rather than by a State, the Agency amends the rule to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.

Parts and Accessories Necessary for Safe Operation; Authorized Windshield Area for the Installation of Vehicle Safety Technology
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to increase the area on the interior of commercial motor vehicle (CMV) windshields where certain vehicle safety technology devices may be mounted. In addition, FMCSA adds items to the definition of vehicle safety technology. This final rule responds to a rulemaking petition from Daimler Trucks North America (DTNA).

Qualifications of Drivers; Vision Standard; Correction
In a final rule published in the Federal Register on January 21, 2022, FMCSA amended its regulations to permit individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle in interstate commerce under specified conditions. The document included an incorrect date for grandfathered drivers who participated in a vision waiver study program to come into compliance with the provisions in the final rule.

Commercial Driver’s License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test
FMCSA amends its regulatory guidance to explain that FMCSA’s current statutory authorities and regulations do not prohibit third party testers from administering the commercial driver’s license knowledge tests for all classes and endorsements. SDLAs may accept the results of knowledge tests administered by third party testers in accordance with existing knowledge test standards and requirements set forth in 49 CFR part 383, subparts G and H.

Qualifications of Drivers; Vision Standard
FMCSA amends its regulations to permit individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle (CMV) in interstate commerce under specified conditions. Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from FMCSA. The new alternative vision standard replaces the current vision exemption program as the basis for determining the physical qualification of these individuals.

2023 FMCSA Rules

Revisions to Civil Penalty Amounts
Revisions to Civil Penalty Amounts outlines the changes to civil penalty amounts for violations of the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act, among others. The revisions reflect inflationary adjustments stipulated in the Federal Civil Penalties Inflation Adjustment Act of 1990.
Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits
Incorporation by Reference outlines North American Standard Out-of-Service Criteria, as well as Hazardous Materials Safety Permits.
Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers
The Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers outlines how the regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA) apply to transportation of people, cargo, and hazardous materials. These regulations are designed to make sure that carriers of passengers and other commodities are held accountable for their safety and financial responsibilities. The document explains the different definitions, details the requirements for motor carriers and provides resources for further information.
Definitions of Broker and Bona Fide Agents
Definitions of Broker and Bona Fide Agents” provides definitions of the two terms, describing brokers as those that are involved in the buying and selling of goods, services, or property, while bona fide agents are those that act on behalf of a principle and owe fiduciary duties to that principle. Additionally, the link explains that brokers are not the same as agents, as agents act on behalf of an individual or business, while brokers are independent.
Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers
The Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers explains the requirements motor carriers of passengers must meet in order to be in compliance with the Federal Motor Carrier Safety Regulations. These requirements include registration, financial responsibility, and safety regulations.
General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
The General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations provides updates to the existing regulations pertaining to motor carriers and the transportation industry, including organizational changes and language corrections.
Fees for the Unified Carrier Registration Plan and Agreement
The Fees for the Unified Carrier Registration Plan and Agreement outlines the different fees required for carriers to register and remain compliant with the UCR agreement. The fees vary depending on the size of the carrier, ranging from $76 to $76,000.
Assessment of the Continued Need for COVID-19 Emergency Declaration, Regulatory Relief for Commercial Motor Vehicle Operations
The Assessment of the Continued Need for COVID-19 Emergency Declaration, Regulatory Relief for Commercial Motor Vehicle Operations provides an overview of the current need for emergency relief measures for the commercial motor vehicle industry due to the COVID-19 pandemic. It discusses the effects of the pandemic on the motor vehicle industry and presents a detailed analysis of the relief measures and how they have been used to protect public health and safety. The report also highlights the importance of continuing to provide relief to the commercial motor vehicle industry during the pandemic.
Fees for the Unified Carrier Registration Plan and Agreement
The Fees for the Unified Carrier Registration Plan and Agreement outlines the fee structure for motor carriers, brokers, freight forwarders, and leasing companies that operate within the US. The fees are dependent on the number of vehicles operated and range from $76 to $10,000.
Implementation of Household Goods Working Group Recommendations
The Implementation of Household Goods Working Group Recommendations focuses on improving the customer experience and care when transporting household goods by addressing customer service issues, ensuring fair and reasonable prices, and improving communication between customers and carriers.
Revisions to Civil Penalty Amounts
The Revisions to Civil Penalty Amounts set out the maximum amount for civil penalties for various violations under the Immigration and Nationality Act (INA). The new amounts range from $21,873 to $215,073 and are set out in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 and its subsequent amendments.
Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators; Correction
The Federal Motor Carrier Safety Administration has issued a correction to the Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, which clarifies the requirements for the knowledge and skills tests, as well as the minimum number of behind-the-wheel training hours.
Record of Violations
The Record of Violations is a report from the U.S. Department of Housing and Urban Development (HUD) documenting the violations of the Fair Housing Act committed by a Housing and Urban Development-assisted housing provider. The report contains details of all alleged violations, the actions taken to prevent recurrence, and any fines or penalties issued if found in violation.
Parts and Accessories Necessary for Safe Operation; Authorized Windshield Area for the Installation of Vehicle Safety Technology
The Parts and Accessories Necessary for Safe Operation; Authorized Windshield Area for the Installation of Vehicle Safety Technology link details the windshield area that is authorized for the installation of vehicle safety technology. It outlines the size, shape, and location for the installation of advanced driver assistance systems (ADAS). It also provides information about the proper use of camera and ultrasound sensors.
Qualifications of Drivers; Vision Standard; Correction
Qualifications of Drivers; Vision Standard; Correction outlines medical and visual requirements for drivers, including the legal requirements for vision and a correction procedure for those who fail the vision standard test.
Commercial Driver’s License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test
The Commercial Driver’s License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test provides guidance to third party testers on how to properly conduct the knowledge test required for a Commercial Driver’s License. This document outlines how to properly administer the test, as well as how to maintain the necessary records and records of results.