Back

FMCSA Regulations 2024

Dec. 6 2024 Safety By McCandless Idealease

Share

Welcome to this week’s edition of the Idealease Safety Bulletin, where we focus on essential aspects of driver compliance, vehicle documentation, and safety regulations crucial for all commercial trucking operations. Navigating the complexities of transportation regulations can be a daunting task, especially as new guidelines continue to emerge. In this installment, we tackle key questions about vehicle documentation for leased and rented units, the responsibilities of drivers regarding cargo security, and the implications of medical conditions on driving eligibility. Whether you’re a seasoned fleet manager, a driver, or part of a leasing company, understanding these regulations is vital for ensuring safety and compliance on the road. Join us as we delve into the latest updates and provide clarity on these important topics.

In this issue:

  • Driver Compliance, Vehicle Documentation, and Safety Regulations

Read, share, and/or print this week's Safety Bulletin.
Check out past Idealease Safety Bulletins. 

What documentation is required to be kept in the vehicle for units I have from Idealease, showing that the vehicle is leased or rented?

Vehicles governed by the Federal Motor Carrier Safety Administration (FMCSA) and having a Gross Vehicle Weight Rating (GVWR) above 10,000 lbs must have documentation kept in the vehicle throughout the entire lease or rental period.

  • Lease vehicles are subject to FMCSA regulation CFR 376.11(c), which requires a copy of the lease or a certified lease statement with the required information to be kept on the vehicle during the lease period.
  • Rental vehicles are subject to FMCSA regulation CFR 390.21(e)(2)(iv), which requires a copy of the rental agreement to be carried in the vehicle for the duration of the rental.

My driver complies with the ELD regulations, but the commercial vehicle they are driving becomes disabled, and they need to operate a rental. What ELD exemptions allow them to complete paper logs while operating a rental unit?

  • Drivers utilize a rental vehicle for 8 days or fewer (must have an FMCSA letter of exemption available for inspection by an officer).
  • Drivers who utilize paper logs up to 8 days within any 30-day rolling period.
  • Drivers engaged in driveaway-towaway operations, where the vehicle is the item being delivered.
  • Drivers of vehicles built before the 2000 model year.
  • Drivers who qualify for the logbook exception (i.e., short-haul within a 150 air mile radius) can adhere to this exception for 22 days within a rolling 30-day period.
  • Intra-state operations (consult your state’s carrier enforcement agency).

I am using a driver leasing company; who is responsible for compliance with the Federal Motor Carrier regulations?

Driver services and leasing companies are not motor carriers and are not responsible for compliance with regulations. The leasing company may complete tasks such as driver qualification files, annual reviews, road tests, etc., at the direction of the motor carrier. However, the motor carrier is ultimately responsible for non-compliance with FMCSA regulations.

As a driver, am I responsible for ensuring that the cargo in my truck is adequately secured, even if I did not load it?

YES! According to FMCSA regulations in CFR 392.9(a)(1), a driver is prohibited from operating a commercial motor vehicle unless the cargo is evenly distributed and secured appropriately, as outlined in §§ 393.100 through 393.142.

Do I need a CDL to operate that truck?

The regulations addressing this are found in FMCSA CFR 383.3.

  • §383.3 Applicability: The rules apply to anyone who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, all employers of such persons, and all States.
  • A commercial motor vehicle (CMV) is defined as a motor vehicle or combination used in commerce to transport passengers or property, if the vehicle:
  • Has a gross combination weight rating (GCWR) of 26,001 lbs. or more, including a towed unit over 10,000 lbs. GVWR;
  • Has a gross vehicle weight rating (GVWR) of 26,001 lbs. or more;
  • It is designed to transport 16 or more passengers, including the driver;
  • Is any size and used in transporting hazardous materials as defined by FMCSA.

What disqualifications would prevent a driver from receiving clearance in the security threat assessment process for a hazardous materials endorsement?

Conviction of any of the following crimes disqualifies a driver from eligibility for a hazardous materials endorsement:

  • Terrorism, assault with intent to murder, murder, espionage, sedition, kidnapping or hostage-taking, treason, rape or aggravated sexual abuse, extortion, robbery, arson, bribery, smuggling, immigration violations, RICO violations, unlawful possession, use, sale, or distribution of explosives, firearms, or weapons, controlled substance distribution or possession, dishonesty or fraud (including identity fraud), crimes involving severe transportation security incidents, improper hazardous material transportation, or conspiracy to commit any of these crimes.

To renew or apply for a new hazardous materials endorsement, all drivers must complete the “Security Threat Assessment” process. It is recommended that drivers initiate this process 90 days prior to the expiration of their license. To begin the assessment,visit the TSA Hazmat Endorsement Security Threat Assessment.

What do FMCSA regulations say about my driver, who has a current medical certificate but has developed a medical condition that may make operating a commercial motor vehicle (CMV) unsafe?

The FMCSA regulations state that a driver cannot operate a commercial motor vehicle (CMV) if their ability to drive is compromised due to fatigue, illness, or any other condition that could pose a safety risk. Even if a driver holds a valid medical certificate, they cannot operate a CMV if they have a medical condition that disqualifies them or affects their ability to drive safely. If a disqualifying medical issue is resolved, the driver must obtain re-certification from a Medical Examiner before they can resume operating a CMV (FMCSA CFR 391.45).

Is an employer required to conduct a pre-employment query of the Drug and Alcohol Clearinghouse for a driver-applicant subject to 49 CFR Part 382 before administering a road test by 49 CFR 391.31?

Employers are not obligated to perform a pre-employment query of the Clearinghouse before conducting a road test for a prospective driver under 49 CFR Part 382. According to § 382.701(a), employers are required to query the Clearinghouse when hiring a driver for safety-sensitive positions. Since the road test is conducted before the driver is officially hired, employers can carry out a pre-employment query at the time of the road test, but it is not mandatory.

How do Medical Examiners differ from Medical Review Officers?

A Medical Review Officer (MRO) is a licensed physician tasked with receiving and reviewing laboratory results from a company’s drug testing program and assessing medical reasons for those results. For further details about MROs, you can refer to the DOT MRO information.

A Medical Examiner is a licensed, certified, or registered professional authorized to conduct physical examinations per state laws and regulations. This category includes but is not limited to, medical doctors, osteopathy doctors, physician assistants, advanced practice nurses, and chiropractors. To find a certified Medical Examiner near you, visit: FMCSA National Registry.

*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.