Creating workplaces where we all watch out for each other

Creating workplaces where we all watch out for each other

Biden-Harris Administration Announces Grants to Improve the Commercial Driver’s Licensing Process and Get More Safe Truck Drivers on the Road

Historic funding under the Bipartisan Infrastructure Law helps streamline CDL issuance and expand opportunities to Veterans and in underserved communities

WASHINGTON – Today, the U.S. Department of Transportation’s (USDOT) Federal Motor Carrier Safety Administration (FMCSA) announced it will award approximately $48 million in grant funding to increase commercial driver’s license (CDL) driver training opportunities and continue to improve the process to obtain a CDL. This funding is aimed at improving the resiliency of our national supply chain and strengthening America’s trucking workforce. It is one of the many ways the Biden-Harris Administration is demonstrating its continued commitment to its Trucking Action Plan.

“Every day, we all count on food, clothing, medicine, and other goods that reach us thanks to America’s truck drivers,” said U.S. Transportation Secretary Pete Buttigieg. “With these grants, we are helping states bring more well-trained drivers into this essential field, strengthening our supply chains for years to come.”

FMCSA is awarding more than $44 million to states and other entities to operate national CDL programs through the Commercial Driver’s License Program Implementation (CDLPI) grant. This will help states expedite CDL issuance and renewals and ensure states electronically exchange conviction and disqualification data. (Note: This data pertains primarily to motor vehicle traffic control-related convictions and other convictions and disqualifications outlined in 49 CFR 383.51 not all conviction data). It will also implement regulatory safety requirements supporting the National Roadway Safety Strategy and develop human trafficking outreach and education materials for CDL drivers. Examples of projects funded include hiring state personnel to reduce CDL skills testing delays, improving CDL reporting, maintaining accurate driver records, and training CDL skills test examiners.

Thanks to the more than $3 million investment from President Biden’s Bipartisan Infrastructure Law, Commercial Motor Vehicle Operator Safety Training grant (CMVOST) recipients will also increase their capacity to train veterans and their family members, individuals from underserved and refugee communities, and other Americans to safely operate CMVs, obtain their CDLs, and enter the truck and bus driving profession.

“This essential funding provided through the CMVOST grant program will help expand and diversify the pool of trained drivers, with an important focus on attracting Veterans and individuals from underserved and refugee communities,” said FMCSA Administrator Robin Hutcheson. “We’re proud that these grants are giving priority to current and former members of the U.S. Armed Forces, including National Guard, Reservists, and their family members, to pursue a commercial driver’s license.”

Read more about FMCSA’s grants and financial assistance.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Original article published by FMCSA

Clearinghouse Annual Queries

First published by FMCSA

FMCSA homepage link
Clearinghouse Questions Answered

                                                                       Photo: FMCSA

ANNUAL QUERIES: Are you up-to-date?

Employers of CDL drivers must conduct a query in the Clearinghouse at least once per year for each CDL driver they employ (for more details on employer requirements, see 49 CFR 382.701). A limited query satisfies the annual query requirement. The annual query is tracked on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2020, it is time to conduct your next round of queries.

Log in to the Clearinghouse and visit your Query History page (under My Dashboard > Queries) to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.

What do employers need to do to satisfy the annual query requirement?Employers must obtain a general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form). Employers may obtain a multi-year general consent from the driver for limited queries; if an employer obtained such a consent in 2020, the employer does not need to obtain the driver’s consent again in 2021.

Employers can log in to the Clearinghouse and conduct annual queries today.

What if an employer conducted a pre-employment query within the past 12 months?The pre-employment query satisfies the annual query requirement for that driver. Employers are not required to query the driver until one year after that pre-employment query. To learn more about queries and consent requests, download the Queries and Consent Requests Factsheet.

What is a query plan?

Before an employer can conduct queries in the Clearinghouse, the employer must purchase a query plan. Download the How to Purchase a Query Plan job aid for full instructions.

LOG IN TO THE CLEARINGHOUSE →

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

House Bill 2173 Extends CDL renewal period from 5 years to 8 years

First published by ATA.
ATA Commends the Passage and Signing of House Bill 2173
ATA Commends The Passage And Signing Of House Bill 2173

Legislation allows commercial drivers to renew their CDL every eight years instead of five

Tolleson, AZ – Yesterday, Arizona Governor Doug Ducey signed House Bill 2173 into law, Commercial Driver Licenses; Renewal Time (HB2173). HB2173 passed both the House of Representatives and the Senate with unanimous support.

HB2173 adds three years to the renewal period for a person possessing a commercial driver license, increasing the renewal period from five years to eight years. Medical certificates and hazmat endorsement remain the same.

“Truck drivers often spend long periods of time away from home and during this pandemic they have been on the frontlines delivering necessary food, supplies, medicine, and more,” stated ATA President and CEO, Tony Bradley. “HB2173 makes it easier on drivers to renew their CDLs now and in the future by extending the renewal period from five to eight years. ATA and its membership are grateful for the overwhelming bi-partisan support we received from legislators. We would like to thank our primary sponsor Rep. Frank Carroll in addition to our co-sponsors Rep. Leo Biasiucci, Rep. Judy Burges, Rep. Tim Dunn, Rep. Gail Griffin, Rep. Brett Roberts, Rep. Ben Toma, and Rep. Justin Wilmeth. Finally, we would like to thank Governor Ducey for signing this important legislation,” continued Bradley.

The text of HB2173 can be found at: https://www.azleg.gov/legtext/55leg/1R/bills/HB2173H.pdf

The new law will take effect on the General Effective date, which is 90 days after the legislature adjourns sine die.


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Lawmakers reintroduce bill to allow young drivers to operate CMVs interstate

First published by Safety+Health an NSC publication.

Lawmakers reintroduce bill to allow young drivers to operate CMVs interstate

Washington — Bipartisan legislation reintroduced March 10 in the House and Senate would allow commercial motor vehicle drivers younger than 21 to operate across state lines.

The Developing Responsible Individuals for a Vibrant Economy Act, or DRIVE-Safe Act (S. 659 and H.R. 1745) are sponsored by two Indiana Republican lawmakers, Sen. Todd Young and Rep. Trey Hollingsworth.

Press releases from Young’s office and the American Trucking Associations note that 49 states and the District of Columbia allow 18- to 20-year-olds to obtain commercial drivers’ licenses and operate large commercial vehicles.

“This issue is particularly problematic in regions like our southern Indiana area where an emerging driver would be prohibited from making a quick trip from New Albany, IN, across the river to Louisville, KY,” a release from Hollingsworth’s office states. “But, the same driver could haul a load from New Albany, IN, to South Bend, IN, nearly 260 miles away.”

The DRIVE-Safe Act, the release continues, “would allow employers to provide CDL holders below the age of 21 with an extensive training program that will allow them to safely participate in interstate commerce upon completion.”

According to ATA, that training program would require drivers to complete at least 400 hours of on-duty time and 240 hours of driving time accompanied by an experienced driver.

The Senate bill was referred to the Commerce, Science, and Transportation Committee. The House bill is with the Highways and Transit Subcommittee.

The co-sponsors of the Senate bill from the other side of the aisle are Sens. Jon Tester (D-MT), Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ), as well as Sen. Angus King (I-ME). The other Republican co-sponsors are Sens. Tom Cotton (AR), James Inhofe (OK) and Jerry Moran (KS).

The house bill has four Democrats and four Republicans listed as co-sponsors, all from different states.

“This bill has strong, bipartisan backing because it’s both common sense and pro-safety,” ATA President and CEO Chris Spear said in the organization’s release. “It raises the bar for training standards and safety technology far above what is asked of the thousands of under-21 drivers who are already legally driving commercial vehicles in 49 states today.

“The DRIVE-Safe Act is not a path to allow every young person to drive across state lines, but it envisions creating a safety-centered process for identifying, training and empowering the safest, most responsible 18- to 20-year-olds to more fully participate in our industry. It will create enormous opportunities for countless Americans seeking a high-paying profession without the debt burden that comes with a four-year degree.”

The DRIVE-Safe Act has been introduced in the House and Senate a combined four times since the beginning of 2018. None of the bills made it out of the Senate Commerce, Science, and Transportation Committee or the House Highways and Transit Subcommittee.

ATA contends the industry will need to hire 1.1 million drivers, or 110,000 a year, over the next decade “to keep up with demand.” However, the Owner-Operator Independent Drivers Association, among other organizations, has contended that the impetus for the previous bills – a driver shortage – doesn’t exist.


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

COVID-19 pandemic: FMCSA extends waiver for certain preemployment drug tests

purple-semi.jpg

Photo: DakotaSmith/iStockphoto

Washington — The Federal Motor Carrier Safety Administration has granted to recently furloughed commercial motor vehicle drivers a 90-day waiver from certain preemployment drug testing requirements, in response to the COVID-19 pandemic.

Effective June 5 and set to expire Sept. 30, the waiver amends current regulations requiring drivers to undergo preemployment drug testing and produce a negative test result to their employer before performing safety-sensitive functions, which includes operating a CMV. The regulation offers an exception to drivers who have participated in a testing program within the past 30 days and either:

  • Were tested for controlled substances within the past six months
  • Participated in the random controlled substances testing program for the previous 12 months.

Under the waiver, the exemption period is extended to 90 days from 30.

“As employers begin to recall drivers who were furloughed, laid off or otherwise not working for the company for more than 30 days, the cost and logistical barriers of testing a large influx of drivers in a short time frame are significant, at a time when the commercial trucking and motor coach industry is facing unprecedented economic challenges,” the waiver states. “This problem is further compounded by the reduced availability of controlled substances testing resources due to continued facility closures or other testing impediments caused by the COVID-19 public health emergency.”

FMCSA says offering “temporary regulatory relief from this burden” is possible “without negatively impacting safety.” Further, the agency “reserves the right to revoke” the waiver as a result of drivers’ involvement in incidents or employers’ inability to comply with terms.

The waiver comes in response to President Donald Trump’s Executive Order No. 13924 – Regulatory Relief to Support Economic Recovery, issued May 19.

Marijuana tops list of substances identified in CMV drivers’ failed drug tests: FMCSA

red-semi_wet-road.jpg

Photo: vitpho/iStockphoto

Washington — The first report to use data from the Federal Motor Carrier Safety Administration’s new Drug and Alcohol Clearinghouse shows that, from the database’s Sept. 28 launch through May, marijuana was the most common substance found in positive drug and alcohol tests among commercial motor vehicle drivers.

The national online database – aimed at enhancing road safety by providing, in real time, the names of CMV drivers who fail drug and alcohol tests – identified 10,388 positive tests for marijuana. Cocaine (3,192) and methamphetamine (2,184) were the next most common substances detected.

Under federal regulations, motor carriers must conduct pre-employment drug testing in addition to random testing. Employees who test positive are prohibited from performing safety-sensitive functions, which includes operating a CMV.

According to the report, 19,849 CMV drivers had at least one violation and were unable to operate until completing the return-to-duty process – including 15,682 drivers who had yet to begin the process.

In an article published June 15 in the Owner-Operator Independent Drivers Association’s Land Line magazine, Amber Schweer, supervisor of OOIDA’s drug and alcohol consortium, said the legalization of marijuana for medicinal and/or recreational use in numerous states may be complicating the problem.

“There is a huge misconception that just because it is legal on the state level that it will be OK on the federal level,” Schweer said. “That is not the case.”

CBD products also figured to factor into the findings, Schweer added. In a Feb. 18 policy and compliance notice, the Department of Transportation cautioned that CBD products may contain higher levels of THC – the main psychoactive ingredient in marijuana – than DOT allows in a controlled substance. DOT added that CBD use is not a “legitimate medical explanation” for a safety-sensitive employee who tests positive for marijuana.

“There are so many companies that claim you won’t test positive using their product when in reality they cannot guarantee that,” Schweer said. “Drivers are not heeding the warnings that are put out there and, unfortunately, are facing expensive and detrimental consequences to their career.”

Overall, the clearinghouse observed 21,156 positive tests for substance misuse among CMV drivers during the reporting period. Multiple substances can appear in positive tests, FMCSA notes in the report, which does not include the total number of tests conducted. Future reports are set to be released monthly. Employers made more than 905,000 queries into the clearinghouse since it was fully implemented Jan. 6.

FMCSA Grants Temporary 90-Day Waiver for Certain Pre-Employment Testing Requirements

On June 5, 2020, the Federal Motor Carrier Safety Administration (“FMCSA” or “Agency”) issued a three-month waiver in response to the “economic emergency” created by the Covid-19 pandemic, relieving employers of the obligation to conduct pre-employment drug testing of commercial motor vehicle drivers who have been furloughed for more than 30 but less than 90 days.

Normally, if the driver has been furloughed or laid off for more than 30 days and was not subject to random controlled substances testing, the employer must conduct another pre-employment test before placing the driver in a safety sensitive position. Now, the employer can forego the testing, provided certain other standard requirements are still met.

As they say, the devil is in the details. Employers wishing to take advantage of this waiver are encouraged to read the FMCSA’s web post closely to insure they are complying with its terms, conditions and restrictions. The FMCSA was able to justify issuing this waiver from a safety perspective because of the existence of the Clearinghouse, which went live in January 2020, as it provides employers with “a useful new tool for identifying drivers’ drug and alcohol program violations that did not exist at the time the Agency enacted the original 30-day limit for the exception found in § 382.301(b).”

This 90-day waiver expires September 30, 2020. After that, employers will need to revert to following the original 30-day rule.

Operation Safe Driver Week slated for July 12-18

osd.jpg
Photo: Commercial Vehicle Safety Alliance

Greenbelt, MD — Law enforcement officers are expected to keep an extra sharp watch for commercial and passenger vehicle drivers engaging in unsafe behaviors July 12-18 during the Commercial Vehicle Safety Alliance’s annual Operation Safe Driver Week.

Officers will be looking for drivers who are texting, following too closely, not wearing seat belts or maneuvering in otherwise unsafe manners, while placing added emphasis on speeding.

A May 12 CVSA press release cites recent findings from the Governors Highway Safety Association showing that state highway officials nationwide “are seeing a severe spike in speeding” as traffic volume has decreased as a result of quarantines and stay-at-home orders related to the COVID-19 pandemic. Preliminary estimates from the National Safety Council show that, in March, the rate of motor vehicle deaths in the United States was 14% higher than in March 2019 despite fewer drivers being on the road.

CMV and passenger vehicle drivers in North America received nearly 47,000 citations and around 88,000 warnings during last year’s Operation Safe Driver Week, per data collected from law enforcement personnel. Citations and warnings related to speeding were most common, with CMV drivers receiving 1,454 citations and 2,126 warnings, and passenger vehicle drivers receiving 16,102 citations and 21,001 warnings.

“It’s essential that this enforcement initiative, which focuses on identifying and deterring unsafe driving behaviors such as speeding, go on as scheduled,” CVSA President John Samis said in the release. “As passenger vehicle drivers are limiting their travel to necessary trips and many [CMV] drivers are busy transporting vital goods to stores, it’s more important than ever to monitor our roadways for safe transport.”

FMCSA seeks to close ‘loophole’ that lets CMV drivers who fail drug, alcohol tests get licenses

failed-drug-test.jpg

Photo: KLH49/iStockphoto

Washington — The Federal Motor Carrier Safety Administration is seeking input on a proposed rule that would ban states from issuing commercial driver’s licenses to operators with existing drug or alcohol violations, in an effort to eliminate a “regulatory loophole.”

The proposed rule, published in the April 28 Federal Register, also would prohibit state driver’s licensing agencies from renewing, upgrading and transferring CDLs for those operators.

FMCSA contends that although its online Drug and Alcohol Clearinghouse – fully implemented in January – provides real-time national data on commercial motor vehicle drivers who have failed drug and alcohol tests, most states remain unaware that the violations have occurred.

“Consequently, there is no federal requirement that SDLAs take any action on the license of drivers subject to that prohibition,” FMCSA states. “As a result, a driver can continue to hold a valid [commercial learner’s permit] or CDL, even while prohibited from operating a CMV under FMCSA’s drug and alcohol regulations.”

Provisions of the clearinghouse require employers and medical review officers to report information about drivers who test positive for drugs or alcohol, or who refuse to comply with testing. Substance misuse professionals must report information about drivers who participate in the return-to-duty drug and alcohol rehabilitation process.

The proposal outlines two possible methods for determining the process by which SDLAs would access driver-specific information from the clearinghouse:

  • Require SDLAs to initiate a mandatory downgrade of the CLP and CDL driving privilege. Drivers would be required to complete the [return-to-duty] process and comply with any state-established procedures for reinstatement of the CMV driving privilege.
  • Provide SDLAs with optional notice of a driver’s prohibited status from the clearinghouse. The states would decide whether and how they would use the information under state law and policy to prevent a driver from operating a CMV.

Under the second alternative, SDLAs could choose to receive “push notifications” from the clearinghouse when drivers licensed in their state are prohibited from operating CMVs because of violations of drug or alcohol regulations.

Comments on the proposed rule are due June 29.

FMCSA final rule amends trucker hours-of-service regulations

semis-on-highway.jpg

Photo: vitpho/iStockphoto

Washington — The Federal Motor Carrier Safety Administration has unveiled a highly anticipated final rule the agency claims will add flexibility to hours-of-service regulations for commercial truck drivers.

Under the rule, announced in a May 14 agency press release and slated to take effect 120 days after publication in the Federal Register, FMCSA will:

  • Change the short-haul exception to 150 air miles from 100, and 14 hours on duty from 12, to be consistent for rules with long-haul truck drivers.
  • Extend the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions.
  • Revise the current mandatory 30-minute break for truck drivers after eight hours of continuous driving.
  • Reinstate the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks equipped with sleeper berth compartments.

On the heels of multiple delays, FMCSA published a proposed rule in the Aug. 22 Federal Register and set an initial comment deadline of Oct. 7. The comment period later was extended to Oct. 21. FMCSA weighed nearly 8,200 comments on the proposed rule and, on March 2, submitted the proposal to the White House Office of Management and Budget for review.

The final rule does not include a proposed provision that would have allowed covered commercial motor vehicle operators one rest break of up to three consecutive hours during every 14-hour on-duty period.

Secretary of Transportation Elaine Chao addressed the final rule in a May 14 video published to the Department of Transportation’s YouTube channel.

“These new commonsense rules give truckers more options when planning their days,” Chao says. “They will help drivers reach their destination safely without feeling like they’ve got to race against the clock to comply with federal mandates. They will also help truckers get the rest they need when they need it. When safety rules make sense, drivers are better able to comply, and that benefits everyone.”