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

Answer: If the vehicle is subject to Federal Motor Carrier Safety (FMCSA) regulations (greater than 10,000 lbs. MGVWR), then documentation is required to be in the unit for the duration of the lease or rental.

Lease vehicles are subject to FMCSA regulation CFR 376.11(c), which states that a copy of the lease or a certified statement of lease with the required information must be kept in the unit during the lease period.

Rental vehicles are subject to FMCSA regulation CFR 390.21(e)(2)(iv), which states that a copy of the rental agreement must be carried in the unit for the duration of the rental.

My driver is complying with ELD regulations and the commercial vehicle they are driving becomes disabled. They need to operate a rental. What are the ELD exemptions that would allow them to complete paper logs while operating a rental unit?

  1. Drivers who operate a rental vehicle for 8 days or less (FMCSA letter of exemption must be available to an officer upon request).

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  2. Drivers who use paper logs for no more than 8 days during any rolling 30-day period.

  3. Drivers who conduct driveaway–towaway operations, where the vehicle itself is the product being delivered.

  4. Drivers of vehicles manufactured before model year 2000.

  5. Drivers who operate under the logbook exception (short-haul 150 air-mile radius) and comply with the exception 22 days out of a rolling 30-day period.

  6. Intrastate operations (check with your state carrier enforcement agency).

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

Answer: Driver services and driver leasing companies are not motor carriers and are not responsible for compliance with FMCSA regulations. They may complete activities 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 any non-compliance with FMCSA regulations.

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

Answer: YES. FMCSA Regulation CFR 392.9(a)(1) states:

A driver may not operate a commercial motor vehicle—and a motor carrier may not require or permit a driver to operate a commercial motor vehicle—unless the cargo is properly distributed and adequately secured as specified in §§393.100 through 393.142.

Do I need a CDL to operate that truck?

Answer: The regulations addressing this question are found in FMCSA CFR 383.3.

§383.3 Applicability:

(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.

A Commercial Motor Vehicle (CMV) for this regulation is defined as a motor vehicle or combination of vehicles used in commerce to transport passengers or property if the vehicle:

(a) Has a GCWR of 11,794 kg (26,001 lbs) or more, inclusive of a towed unit(s) with a GVWR of more than 4,536 kg (10,000 lbs); or

(b) Has a GVWR of 11,794 kg (26,001 lbs) or more; or

(c) Is designed to transport 16 or more passengers, including the driver; or

(d) Is of any size and is used to transport hazardous materials as defined in this section.

What are the disqualifications that 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 will disqualify a driver from being eligible for a hazmat endorsement:

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• 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, distribution, or manufacture of an explosive device, firearm, or other weapon

• Distribution, intent to distribute, possession, or importation of a controlled substance

• Dishonesty, fraud, or misrepresentation (including identity fraud)

• Crimes involving a severe transportation security incident

• Improper transportation of a hazardous material

• Conspiracy or attempt to commit any of these crimes

All drivers who need to renew or apply for a Hazardous Materials endorsement must complete the Security Threat Assessment. It is recommended that drivers begin this process 90 days before their license expires.

To start the process, visit:

https://www.tsa.gov/for-industry/hazmat-endorsement

All drivers who need to renew or apply for a Hazardous Materials endorsement must complete the Security Threat Assessment. It is recommended that drivers begin this process 90 days before their license expires.

To start the process, visit:

https://www.tsa.gov/for-industry/hazmat-endorsement

What do the FMCSA regulations say about a driver who has a current medical certificate but develops a medical condition that may make operating a CMV unsafe?

FMCSA regulations prohibit a driver from beginning or continuing to operate a CMV if their ability or alertness is impaired by fatigue, illness, or any cause that makes driving unsafe.

Even with a valid medical certificate, a driver is prohibited from operating a CMV if they develop a medical condition that is disqualifying or may interfere with the safe operation of the vehicle.

Once the condition is resolved, the driver must obtain re-certification from a Medical Examiner before resuming CMV operation.

Reference: 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 under 49 CFR 391.31?

Answer: No. An employer is not required to conduct a pre-employment Clearinghouse query before administering a road test. Under §382.701(a), employers are required to query the Clearinghouse only when hiring a driver to perform safety-sensitive functions.

Since the road test occurs before the driver is hired, employers may conduct the query at that time, but it is not required.

How do Medical Examiners differ from Medical Review Officers?

medical review

A Medical Review Officer (MRO) is a licensed physician responsible for receiving and reviewing laboratory results from an employer’s drug testing program and evaluating medical explanations for test results. More information is available at:

http://www.dot.gov/ost/dapc/mro.html

A Medical Examiner is a person licensed, certified, or registered under state laws to perform physical examinations. This includes, but is not limited to:

• Doctors of medicine

• Doctors of osteopathy

• Physician assistants

• Advanced practice nurses

• Doctors of chiropractic

To find a certified medical examiner:

https://nationalregistry.fmcsa.dot.gov/home