FMCSA Launches New Task Force to Combat Predatory Leasing Practices
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the nine members who will serve on the Truck Leasing Task Force (TLTF) chartered by Transportation Secretary Pete Buttigieg. TLTF will evaluate lease agreements in the industry and their potential safety and financial impacts on owner-operators. TLTF is established as a statutory committee under the authority of Section 23009 of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58 (2021), in accordance with the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2.
TLTF will address areas that have long needed intense focus. It will be tasked with providing best practices to assist drivers in assessing the impacts of a leasing agreement prior to entering into such agreement and recommendations on changes to laws to promote fair leasing agreements. TLTF’s work will contribute to FMCSA’s efforts to ensure that drivers have access to fair leasing agreements.
“At a time when our country needs truck drivers more than ever, we must do everything we can to support the men and women who work in this vital industry,” said U.S. Transportation Secretary Pete Buttigieg. “The Truck Leasing Task Force is taking a hard look at leasing agreements as part of our effort to ensure every truck driver in this country has good working conditions and can make a good living.”
Truck leasing is an important step that many owner-operators in the trucking industry take to get started in the business. Leases that contain terms that are inequitable to drivers may discourage safe drivers from continuing to work in the industry.
TLTF members include representatives from labor organizations, motor carriers, consumer protection groups, owner-operators, and other businesses, as well as attorneys and educators.
The nine members who will serve on FMCSA’s Truck Leasing Task Force are:
- Tamara Brock, Brock Logistics, LLC and Lewis & Lewis Logistics, LLC (Independent Owner-Operator)
- Paul Cullen, The Cullen Law Firm, PLLC (Attorney)
- Troy Hawkins, TTOH Consulting & Logistics, LLC (Independent Owner-Operator)
- Jim Jefferson, Owner-Operator Independent Driver Association (Consumer Protection)
- Joshua Krause, OTR Leasing, LLC (Business)
- Kaitlyn Long, International Brotherhood of Teamsters (Labor Organization)
- Steve Rush, Carbon Express Inc. (Carrier)
- Lesley Tse, Of counsel to Getman, Sweeney & Dunn, PLLC (Attorney)
- Steve Viscelli, Ph.D., University of Pennsylvania (Economic Sociologist)
“The Truck Leasing Task Force addresses one of trucking’s great challenges. Leasing can have a major impact on people choosing trucking as their career, and protecting drivers is of the utmost importance,” says FMCSA Administrator Robin Hutcheson. “FMCSA is committed to addressing issues that may impact the recruitment and retention of drivers in the trucking industry.”
FMCSA Launches Operation Protect Your Move, A Nationwide Crackdown on Moving Scams
The Federal Motor Carrier Safety Administration (FMCSA) today announced the launch of Operation Protect Your Move, a nationwide crackdown on scam movers ahead of the busy summer moving season. Through Operation Protect Your Move, FMCSA is deploying dozens of investigators across the country in an enforcement sweep to address the significant uptick in complaints of movers holding household possessions hostage to extort exorbitant additional charges from consumers. It will also address complaints against moving companies and brokers that are not in compliance with federal safety and consumer protection regulations and statutes while transporting household goods. The Operation covers both movers and the brokers that purport to connect consumers to local movers but instead facilitate fraud by promoting scams.
“Moving is stressful enough without having to worry about being scammed by your moving company, so we’re cracking down on moving companies that hold people’s possessions hostage, and the brokers who facilitate that fraud,” said U.S. Transportation Secretary Pete Buttigieg. “If you’re planning a move, we encourage you to visit protectyourmove.gov for more information to help protect yourself from moving scammers.”
“FMCSA takes its responsibilities very seriously to help protect consumers when moving their household valuables from one state to another,” says FMCSA Administrator Robin Hutcheson. “Consumers should feel confident they can trust the company hired to transport their possessions.”
Frequent complaints have been filed with FMCSA alleging companies of using deceptive business practices that are causing consumers to pay higher fees, experience delays in receiving their household goods, or in some cases not receiving their possessions at all. FMCSA is making every effort to protect consumers from these moving scams. The agency will formally document violations and has the authority to review and revoke the licenses of movers and brokers. Cases involving potential criminal misconduct may be referred to the U.S. Department of Justice for further investigation. Additionally, FMCSA will work directly with consumers to guide them through the process and help get their money and goods back.
The Operation is the first of many efforts planned over the next several months to address non-compliant household goods moving companies and brokers. In addition to ramped up investigations, FMCSA is taking several actions to crack down on mover scams, including doubling the number of investigators assigned to moving complaints and enhancing partnerships with consumer protection and attorney general offices across the country.
FMCSA also provides important information on its website at www.ProtectYourMove.gov for consumers planning an interstate move. Consumers can download a moving checklist, view videos on spotting red flags, confirm a mover or broker’s registration with FMCSA, and check the number of complaints against a particular company. Consumers can also file a complaint against a company regulated by FMCSA by visiting the agency’s National Consumer Complaints Database (NCCDB) at https://nccdb.fmcsa.dot.gov.
FMCSA has Removed ALL-WAYS TRACK, LLC’s “All-Ways Track” ELD from List of Registered ELDs
The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has removed All-Ways Track ELD from the list of registered Electronic Logging Devices (ELD). FMCSA has placed All-Ways Track ELD on the Revoked Devices list due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A, effective March 27, 2023.
FMCSA will be sending an industry email to let motor carriers know that all who use All-Ways Track ELD must take the following steps:
- Discontinue using the revoked ELD(s) and revert to paper logs or logging software to record required hours of service data.
- Replace the revoked ELD(s) with compliant ELD(s) from the Registered Devices list before May 26, 2023.
Motor carriers have a period of up to 60 days to replace the revoked ELD(s) with compliant ELD(s). If the ELD provider corrects all identified deficiencies, FMCSA will place the ELD back on the list of registered devices and inform the industry and the field.
During this period, safety officials are encouraged not to cite drivers using All-Ways Track ELDs for 395.8(a)(1) – “No record of duty status” or 395.22(a) – “Failed to use a registered ELD.” During this time, safety officials should request the driver’s paper logs, logging software, or use the All-Ways Track ELD display as a back-up method to review the hours of service data.
Beginning May 26, 2023, motor carriers who continue to use the revoked ELD listed above would be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked ELD on or after May 26, 2023 should cite 395.8(a)(1), and place the driver out-of-service (OOS) in accordance with the Commercial Vehicle Safety Alliance OOS Criteria.
FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time.
For more information on ELDs, visit FMCSA’s ELD implementation website.
International Roadcheck To Take Place May 16-18 with Emphasis on ABS and Cargo Securement
The Commercial Vehicle Safety Alliance (CVSA) has announced May 16-18 as this year’s International Roadcheck. This year, inspectors will focus on anti-lock braking systems (ABS) and cargo securement to highlight the importance of those aspects of vehicle safety. Although ABS violations are not out-of-service violations, ABS play a critical role in reducing the risk of collisions by preventing the wheels from locking up or skidding, allowing a driver to maintain control of the vehicle while braking. In addition, improper cargo securement poses a serious risk to drivers and other motorists by adversely affecting the vehicle’s maneuverability, or worse, causing unsecured loads to fall, resulting in traffic hazards and vehicle collisions.
During International Roadcheck, inspectors will conduct their usual roadside safety inspections of commercial motor vehicles and drivers. Data will be gathered from those three days and shared later this year, as a snapshot of the state of commercial motor vehicle and driver safety.
International Roadcheck also provides an opportunity to educate the motor carrier industry and general public about the importance of safe commercial motor vehicle operations and the North American Standard Inspection Program.
During a routine North American Standard Level I Inspection, inspectors focus on two areas – driver and vehicle safety compliance.
Vehicle safety – Inspectors will ensure the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, fuel and exhaust systems, frames, lighting devices, steering mechanisms, suspensions, tires, wheels, rims, hubs and windshield wipers are compliant with regulations. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, seating, and electrical cables and systems in the engine and battery compartments.
Driver safety – Inspectors will check the driver’s operating credentials, hours-of-service documentation, status in the drug and alcohol clearinghouse, seat belt usage, and for alcohol and/or drug impairment.
Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a CVSA decal, which is valid for three months. If the inspector does identify critical vehicle inspection item violations, as outlined in the North American Standard Out-of-Service Criteria, the vehicle will be restricted from operating until the identified out-of-service conditions have been corrected. Inspectors may also restrict the driver from operating if the driver is found to have driver out-of-service violations, such as not possessing a valid or necessary operating license or exhibiting signs of impairment.
CVSA’s law enforcement member jurisdictions in cities, states, districts, provinces and territories in Canada, Mexico and the U.S. participate in International Roadcheck with support from trucking associations, transportation safety organizations and federal agencies, such as the Federal Motor Carrier Safety Administration, Transport Canada and Mexico’s Ministry of Infrastructure, Communications and Transportation.
What is the International Roadcheck?
International Roadcheck is a high-visibility, high-volume 72-hour inspection and enforcement event where CVSA-certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers at weigh/inspection stations, designated inspection areas and along roadways.
FMCSA Announces Proposed Improvements to Its Safety Measurement System to Prevent Crashes
The Federal Motor Carrier Safety Administration (FMCSA) announced proposed changes to its Safety Measurement System (SMS) to reduce and prevent crashes. The SMS uses data from roadside inspections, crash reports, and investigations to identify and prioritize for intervention the motor carriers that pose the greatest risk to safety. As part of FMCSA’s commitment to continually improve how the Agency uses data to focus enforcement, these proposed changes aim to better identify the companies needing the most intervention and also will help companies better understand how to use this data to influence safer behaviors.
“Safety is FMCSA’s core mission. The proposed changes are part of the Agency’s continued commitment to enhancing the fairness, accuracy, and clarity of our prioritization system,” said FMCSA Administrator Robin Hutcheson.
Some of the proposed changes include reorganizing the SMS’s safety categories (currently known as “BASICs”); organizing roadside violations into violation groups for prioritization purposes; simplifying violation severity weights; adjusting some of the Intervention Thresholds that identify companies for possible intervention; and more changes aimed at comparing similar motor carriers to each other.
A new website, the Compliance Safety Accountability (CSA) Prioritization Preview, which is now live, is the first phase of planned updates to the Agency’s SMS. Motor carriers can visit the website to preview how their data would appear under the proposed changes. Companies are encouraged to preview these results and submit feedback on the proposed changes to FMCSA at the Federal Register website. Other users will be able to view sample pages.
FMCSA strongly encourages stakeholders to participate in the preview and submit their comments to the public docket.
The proposed changes to the Agency’s SMS are explained in a Federal Register notice (2023-02947). Feedback on the proposed changes must be submitted to the Federal Docket Management System (https://www.regulations.gov/), Docket ID Number: FMCSA-2022-0066. The 90-day comment period will begin on February 15, 2023 and are due by May 16, 2023. FMCSA will hold four public online question and answer webinars, during which participants will be able to ask questions about the preview and proposed changes and receive real-time answers, time permitting. Registration is required.
Visit the CSA Prioritization Preview website for more information.
Drug and Alcohol Clearinghouse: New Regulations For 2023
As of January 6, 2023, a pre-employment Clearinghouse query satisfies the requirement to investigate a prospective driver’s previous drug and alcohol program violations, as set forth in 49 CFR 391.23(e)(4) and 382.413(b).
Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)(1)-(3) and 382.413(a)).
As of today, January 6, 2023, three years of violation data is now stored in the Drug and Alcohol Clearinghouse. This means that prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements.
NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 382.413(c), since this information is not reported to the Clearinghouse.
Annual query requirements have not changed.
Employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ (see § 382.701(b)). This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2021, it is time to conduct the next round of annual queries.
Employers must obtain 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).
Are you up-to-date on your annual queries?
Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.
USDOT Hosts Historic First Meeting of Women of Trucking Advisory Board with a Focus on Driver Safety
The U.S. Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA) hosted the inaugural meeting of the Women of Trucking Advisory Board (WOTAB), where members discussed the results of a new FMCSA report on driver safety. The new Advisory Board, created by the Bipartisan Infrastructure Law, is composed of 16 founding members with diverse backgrounds in the industry, and is focused on recruiting, retaining, supporting, and ensuring the safety of women commercial motor vehicle (CMV) drivers and strengthening the trucking industry as a whole. Collectively, WOTAB members have more than 80 years of driving experience with trucks, motorcoaches, and ports and more than 275 years in trucking and other modes of transportation. Currently, women make up just seven percent of all truck drivers on the road today.
“Truck drivers are the lifeblood of American supply chains, yet at a time when America needs truck drivers more than ever and can’t afford to leave any talent on the table, women are still vastly underrepresented in the industry,” said U.S. Transportation Secretary Pete Buttigieg, who kicked off the first Women of Trucking Advisory Board meeting. “Everyone deserves to feel safe in the workplace, and we’re grateful to this first Women of Trucking Advisory Board for helping address safety and other industry challenges to ensure these good, vital careers are accessible to all.”
“Safety is FMCSA’s number one priority, and all truckers should feel safe in this industry,” said FMCSA Administrator Robin Hutcheson. “It’s so important to have a diverse board of women trucking professionals who will help make the industry safer and a more appealing career option not only to women but to everyone who has been underrepresented in the industry.”
FMCSA conducted its survey, Crime Prevention for Truckers, to better understand the nature and prevalence of harassment and assaults against truckers, specifically women and minorities. The report details harassment, threats of harm, or actual physical harm perpetrated against truckers, their possessions, vehicles, or cargo.
The survey found that female truck drivers are exposed to more sexual harassment at their companies or by their trainers than their male counterparts. In addition, roughly half of the harassment incidents go unreported due to concerns that reporting the incident would not make a difference.
The Women of Trucking Advisory Board will use the results of this survey and other data, as well as the firsthand experience of its 16 women members, to make recommendations and discuss the next steps regarding the findings on harassment, assaults, and crimes being committed against women truckers.
“The survey information will contribute to better understanding obstacles to joining the industry, and to implementing best practices moving forward. Addressing the results and recommendations of the study will be the first of many opportunities for WOTAB to make an impact,” said Administrator Hutcheson.
President Biden’s Bipartisan Infrastructure Law created the Advisory Board to review and report on policies that provide education, training, mentorship, and outreach to women in the trucking industry and identify barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking.
WOTAB is part of the Biden Administration’s Trucking Action Plan that is focused both on recruiting and retaining more drivers. In addition to WOTAB, DOT is also undergoing a driver compensation study, establishing a truck leasing task force, working with the U.S. Department of Labor to establish more driver apprenticeship programs, providing more funding to make Commercial Driver’s License processing more efficient, and more.
Read more about the WOTAB here.
Pre-employment Investigations for Drug and Alcohol Program Violations
Beginning January 6, 2023, a pre-employment Clearinghouse query will satisfy the requirement to investigate a prospective driver’s previous drug and alcohol program violations, as established by 49 CFR 391.23(e).
Employers of CDL drivers are required to conduct background investigations before hiring a driver. This process includes determining if the driver has violated the drug and alcohol regulations of any Department of Transportation (DOT) mode within the past three years (see 49 CFR 391.23(e)(1)-(3) and 382.413(a)). Currently, this requires employers or their designated consortia/third-party administrators (C/TPAs) to conduct both electronic queries in the Clearinghouse and manual inquiries with previous employers to meet the three-year time frame.
Beginning January 6, 2023, when three years of violation data is stored in the Clearinghouse, prospective employers must conduct a pre-employment query of the Clearinghouse, as set forth in § 382.701(a), to comply with the inquiry requirement in §§ 382.413(b) and 391.23(e)(4), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements.
NOTE: The Clearinghouse contains only information about drivers employed by FMCSA-regulated employers. If a prospective employee was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.) during the three-year time frame, prospective employers will still be required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 382.413(c), since this information is not reported to the Clearinghouse.
Annual query requirements have not changed.
Employers of CDL drivers must conduct a query in the Clearinghouse at least once a year for each CDL driver they employ (see § 382.701(b)). This annual query requirement applies on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2021, it is time to conduct the next round of annual queries.
Employers must obtain 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).
Are you up-to-date on your annual queries?
Log in to the Clearinghouse and visit your Query History page to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.
Maryland’s Move Over Law — Effective October 2022
Maryland motorists must move over when approaching emergency, law enforcement, tow truck, utility, and transportation vehicles while they are stopped, standing, or parked on a highway with their red, amber, or yellow lights flashing. If it’s not safe or feasible to move over, motorists must slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.
THE LAW — Beginning October, 2022, the Move Over Law in Maryland requires motorists to make a lane change or slow down when approaching any stopped, standing, or parked vehicle displaying warning signals – including hazard warning lights, road flares, or other caution signals including traffic cones, caution signs, or non-vehicular warning signs. The expanded law is in place to protect law enforcement, emergency responders, and any motorist that may encounter a roadside emergency and must stop near travel lanes.
The Consequences — Violating the law is a misdemeanor carrying a $110 fine and 1 point on your license. If the violation causes a crash, the fine is $150 and 3 points. If there is a death or serious injury, the fine is $750 and 3 points.
Maryland Department of Transportation (MDOT) Announces Event Promoting Transportation Career Opportunities
September 20, 2022
Maryland Department of Transportation (MDOT) Secretary James F. Ports, Jr., will lead a Skilled Trades Partnering Event at MDOT Headquarters in Hanover to discuss MDOT job opportunities and how apprentice programs, internships and partnerships can help students and others train for rewarding careers in transportation with good salaries and benefits. Organizations invited to attend include community colleges, trade schools and high schools with vocational education programs. Secretary Ports will be joined by State Sen. James Rosapepe (District 21, Prince George’s and Anne Arundel), an advocate for workforce development and apprenticeship programs. Representatives of MDOT business units also will attend, and several MDOT employees who started their careers in apprentice or internship programs will share their stories.
The event will take place at 9 AM on September 22, 2022 at MDOT Headquarters, located at 7201 Corporate Center Drive, Hanover, MD 21076.
The initiative was established to address the immediate need to recruit and train skilled workers across many state agencies and private industries. MDOT has hundreds of skilled worker jobs available for mechanics, electricians, carpenters, masons, plumbers, HVAC technicians, aircraft service workers and others. MDOT has utilized apprentice and internship programs to provide many Marylanders with rewarding careers, and is hoping to enlist additional partners to help create the state’s future transportation workforce. Careers in transportation can offer packages that include a competitive salary, health benefits, retirement plan, paid leave, tuition reimbursement, on-the-job training and more.
CVSA Releases 2022 International Roadcheck Results
September 20, 2022
Over the three days of the Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck commercial motor vehicle inspection and enforcement initiative, CVSA-certified inspectors conducted 59,026 inspections. They placed 12,456 commercial motor vehicles and 3,714 commercial motor vehicle drivers out of service.
A commercial motor vehicle is placed out of service when an inspector finds critical vehicle inspection item out-of-service violations, which are outlined in CVSA’s North American Standard Out-of-Service Criteria, during a roadside inspection. Being placed out of service means the driver or vehicle is prohibited from operation for a specified period of time or until the violation is corrected.
Out of the 48,966 Level I and II Inspections conducted in Canada and the United States, 11,181 vehicles were placed out of service, which is a 22.8% vehicle out-of-service rate, and 3118 drivers were placed out of service, which is a 6.4% driver out-of-service rate.
Each year, CVSA highlights a certain aspect of the roadside inspection. This year, the focus was on wheel ends. Out of the top 10 vehicle out-of-service violations, tires ranked second and wheels came in seventh. Of the 18,213 total vehicle out-of-service violations, there were 3,374 tire out-of-service violations, accounting for 18.5% of all vehicle out-of-service violations, and there were 784 wheel out-of-service violations, which is 4.3% of all vehicle out-of-service violations. Combined, wheel end (tire and wheel) violations accounted for 22.8% of all out-of-service vehicle violations throughout North America.
View the full 2022 International Roadcheck results press release for much more data and information.
FMCSA Announces High-Priority Grants to Increase Safety for Commercial Drivers
September 13, 2022
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced $80,714,223 in grant awards under the High Priority (HP) Grant Program. The HP Grants provide funding to strengthen commercial motor vehicle safety initiatives under the Motor Carrier Safety Assistance Program (MCSAP). Furthermore, the grant program invests in innovative technology, supports research, and funds other projects that positively impact Commercial Motor Vehicle (CMV) safety.
The HP Grant Program provides financial assistance to supplement motor carrier safety activities and projects, including those that:
- improve the safe and secure movement of hazardous materials;
- improve safe transportation of goods and persons in foreign commerce;
- demonstrate new technologies to improve CMV safety;
- technology advancements to enhance CMV operator awareness of roadway hazards and truck parking availability;
- support participation in performance and registration information systems management;
- conduct safety data improvement projects;
- increase public awareness and education on CMV safety;
- target unsafe driving of CMVs in areas identified as high-risk crash corridors, including roadway work zones;
- otherwise improve CMV safety and compliance with CMV safety regulations.
HP grant funds are awarded to States, local governments, Federally recognized Native American tribes, political jurisdictions, non-profit organizations, institutions of higher education, and other eligible groups to carry out high priority activities and projects that strengthen commercial motor vehicle safety. Individuals and for-profit organizations are not eligible to apply.
High Priority activities also support the efforts outlined in the President’s Bipartisan Infrastructure Law (BIL) that makes historic investments in our nation’s infrastructure and competitiveness. In addition, the CMV safety and research investments conducted under the HP program and funded through BIL advance the Department’s National Roadway Safety Strategy (NRSS), a comprehensive approach to improve safety on our nation’s roadways.
This is one of many actions that the Administration and DOT are taking to support truck drivers – including investing in community colleges to train veterans to get CDLs, investing in improvements to CDL processing, standing up the Women of Trucking Advisory Board, studying the impacts of driver detention time, and starting the truck predatory leasing task force.
All HP applications undergo a series of reviews before award selection. See the FMCSA’s grant program page for additional information on the discretionary application announcement, review and approval process. For a full list of FY 2022 HP grant awards, click here.
National Truck Driver Appreciation Week: September 11-17
This is an initiative designed to celebrate professional truck drivers for their hard work and commitment in undertaking one of our economy’s most demanding and important jobs. Almost every aspect of daily life in America is impacted by our truck drivers as these 3.5 million professional men and women not only deliver our goods safely, securely, and on time, they also keep our highways safe.
Making Connections: The Search For Qualified CDL Drivers
DOT Compliance Consultants, LLC has several clients in the transportation industry that are currently seeking experienced CDL (Class A & B) and non-CDL Drivers for immediate work in our area. If you’re a dedicated professional looking for great opportunities offering competitive pay, flexible home time, and great benefits — We’d love to help make the connection. Contact us today for more information!
Women of Trucking Advisory Board (WOTAB) Gears Up To Bring More Women into Trucking
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the appointment of members to the Women of Trucking Advisory Board (WOTAB) to recruit, retain, support, and ensure the safety of women commercial motor vehicle (CMV) drivers and strengthen the trucking industry as a whole.
The Women in Trucking Advisory Board includes 16 founding members, all women, with diverse backgrounds and experiences to provide balanced points of view on addressing the challenges facing women in the industry. Of these members, five are current CMV drivers and four are former CMV drivers, others are trainers, executives and authors. WOTAB’s members hail from 11 states and work for small, medium, and large trucking companies and as independent owner-operators, non-profit organizations, trucking business associations, and institutions of higher education. Collectively, WOTAB members have more than 80 years of driving experience with trucks, motorcoaches, and ports and more than 275 years in trucking and other modes of transportation.
WOTAB’s launch is another key initiative mandated by the Bipartisan Infrastructure Law and is part of the Biden-Harris Trucking Action Plan that is focused on improving job quality and recruiting more people into the truck driving profession.
“America needs truck drivers like never before, yet women–half the American people–have long been underestimated and underrepresented behind the wheel and in jobs across this sector. Getting to know women in trucking, I have heard about their passion for the job as well as the challenges they face, and this experienced Women in Trucking Advisory Board will help us address these issues directly,” said U.S. Transportation Secretary Pete Buttigieg. “We thank the members for serving and look forward to working together to bring more women into trucking and to enhance job quality in this important career.”

Recruiting and supporting women in transportation is a key priority for the Biden-Harris Administration. “Women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation jobs,” said FMCSA Deputy Administrator Robin Hutcheson. “We anticipate many great ideas from the advisory board that will help expand equity and safely provide access to careers in trucking for women across the industry.” In March, Hutcheson discussed truck driver challenges firsthand in a ride along with an experienced driver.
WOTAB will coordinate with trucking companies, nonprofit organizations, and trucking associations to support women in trucking. The Board will provide recommendations to the FMCSA Administrator and the U.S. Secretary of Transportation, as well as tackle many issues, including:
- Evaluating barriers and trends that impact women in trucking across the country and ways to support women pursuing careers in trucking
- Identifying opportunities to expand roles for women and increase the number of women in the trucking industry
- Advising on policies that provide education, training, mentorship, or outreach to women in the trucking industry
- Reviewing opportunities to enhance safety, training, mentorship, and education for women in the trucking industry.
FMCSA Issues Temporary Hours of Service Exemption (Illinois, Indiana, Michigan, and Wisconsin) in Response to the Unanticipated Shutdown of the BP Whiting Refinery
The U.S. Department of Transportation (USDOT) announced today as part of the federal government’s response to the shutdown of the BP Whiting refinery, that the USDOT’s Federal Motor Carrier Safety Administration is taking steps to create more flexibility for motor carriers and drivers.
FMCSA is issuing a temporary hours of service exemption that applies to those transporting gasoline, diesel, jet fuel and other refined petroleum products to Illinois, Indiana, Michigan, and Wisconsin.
USDOT’s top priority is safety, and while current circumstances dictate providing industry flexibility, FMCSA has notified and will work closely with its state and industry partners to monitor driver work hours and conditions for the duration of the exemption.
The full text of FMSCA’s action can be found here.
DOT Awards Funding to Community Colleges to Prepare Veterans for Jobs in Trucking Industry
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has awarded $3.1 million to community colleges and training institutes through the Commercial Motor Vehicle Operator Safety Training (CMVOST) Grant Program. These grants will assist current and former members of the Armed Forces who want to pursue careers in trucking to get commercial driver’s licenses (CDLs) and the training they need to enter the profession.
“Veterans know how to get things where they need to go safely. At a time when our supply chain depends on having more qualified truck drivers, this program will give those who have served in uniform a new and important way to contribute, and benefit, by launching a new career in this vital industry,” said U.S. Transportation Secretary Pete Buttigieg.
The CMVOST grant program has three goals: to expand the number of CDL holders possessing enhanced operator safety training; to provide opportunities for current or former members of the United States Armed Forces (including National Guard members and reservists) and their spouses to enter trucking or bussing; and help increase training opportunities for candidates from underserved communities, as identified in the President’s Executive Order 13985.
In FY 2022, FMCSA paved the way for a broader range of institutions to apply for CMVOST grants as the Agency did not require applicants to propose a local matching share of funding. This expansion will allow more qualified candidates from across the country to more easily be able to afford the training and licensing needed to join the trucking profession commercial motor vehicle drivers.
In addition to these grants, the Biden-Harris Administration announced the Trucking Action Plan earlier this year that has created new apprenticeship programs to recruit more truck drivers, as well as a compensation study and truck leasing task force to improve retention in the truck driving profession.
A list of CMVOST grants can be found here.
The President’s Bipartisan Infrastructure Law, also known as the Investment in Infrastructure and Jobs Act, is the Biden-Harris Administration’s plan for building a better America with a $1.2 trillion investment in our nation’s infrastructure and competitiveness. This Bipartisan Infrastructure Deal will rebuild America’s roads, bridges and rails, upgrade and expand public transit, modernize the nation’s ports and airports, improve safety, tackle the climate crisis, advance environmental justice, and invest in communities that have too often been left behind. It will drive the creation of good-paying union jobs and grow the economy sustainably and equitably to help everyone get ahead for decades to come.
Biden Administration’s Bipartisan Infrastructure Law Boosts Investment in Commercial Driver’s License Programs
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced that the Biden Administration is following through on its Trucking Action Plan commitment by awarding more than $44 million in grants that will enhance road safety and make the process to obtain a Commercial Driver’s License (CDL) more efficient. Thanks to President Biden’s Bipartisan Infrastructure Law, States and other entities will be able to improve their CDL programs by reducing wait times, ensuring conviction and disqualification data is electronically exchanged, implementing regulatory requirements, and combatting human trafficking. These grants, awarded through the Commercial Driver’s License Program Implementation, will help get more qualified drivers on the road who can help meet supply chain demands.
The Department of Transportation made significant progress working with states to reduce CDL backlogs and wait times. Now through this funding, the Administration will create long-term resilience and avoid future delays for those who want to join this workforce.
“The Biden-Harris Administration has made it a priority not only to retain truck drivers in their important careers, but also to get more qualified truck drivers on the road,” said U.S. Transportation Secretary Pete Buttigieg. “Now, using funds from the Bipartisan Infrastructure Law, we are helping States bring safe, well-trained truck drivers into the workforce and ease pandemic-driven supply chain disruptions.”
President Biden’s Bipartisan Infrastructure Law included a 74% increase in CDLPI program funds, which will also help address the rising number of roadway fatalities–a key component in the U.S. Department of Transportation’s National Roadway Safety Strategy.
“FMCSA’s core mission is safety, and we’re proud to make investments that support the U.S. Department of Transportation’s ambitious goal of zero fatalities on our roadways,” said FMCSA Deputy Administrator Robin Hutcheson. “The grants we are announcing today are an important tool for reducing large truck crashes and supporting critical safety programs in every State.”
In total, nearly 60 percent of FMCSA’s annual budget provides States and local communities with grant funding to enhance commercial vehicle safety.
In addition to improving the process for CDLs, Secretary Buttigieg and President Bidens’s Supply Chain Disruption Task Force have also been focused on the issue of truck driver retention as part of the Trucking Action Plan. Due to pay, parking shortages, and other challenges in the profession, retaining truck drivers has been a major challenge. As part of that effort, the Department has announced that it will undertake a driver compensation study and form a truck leasing task force, and also has clarified what programs in President Biden’s Bipartisan Infrastructure Law can be used to address truck parking.
Read more about FMCSA’s grants and financial assistance.
DOT Compliance Consultants, LLC Announces Florida Expansion!
It is with great excitement that DOT Compliance Consultants, LLC would like to share that we are expanding. Commercial vehicle safety is a nationwide concern and one that we take seriously. With over twenty-six years of experience in commercial vehicle compliance, our current teams in Maryland, Virginia, and Delaware have spent countless hours working side by side with commercial vehicle companies to ensure their businesses can grow and thrive successfully while still in compliance with all FMCSA rules and regulations. That is why we are so excited to announce our expansion along the east coast into the great state of Florida.
Our Florida team will begin servicing companies in July 2022 in our office located in Stuart, Florida. This team, trained by the owner, retired Master Trooper of Maryland State Police Commercial Motor Vehicle Enforcement Division, Troy Smith, is prepared to continue to provide the highest level of commercial vehicle knowledge and the most up-to-date FMSCA information to companies in and around Florida.
We are most excited that, as we continue to grow, business owners and commercial vehicle drivers supported by DOT Compliance Consultants, LLC can reduce their liabilities that come with owning and driving commercial motor vehicles along nationwide roadways. We look forward to working with all the companies that will soon become part of our team as we work together to make the east coast region a safer, more productive system for us all.
Explore our website to learn more about how our Services and Packages can benefit your company or contact our Florida team today at 772-256-3568.
FMCSA Declares Connecticut Motor Carrier to be an Imminent Hazard to Public Safety
The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Alvarez Transport LLC, USDOT No. 2484230, a motor carrier located in Orange, CT, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations. The motor carrier was served the Federal order on June 23, 2022.
FMCSA’s imminent hazard order states that the basis for finding that Alvarez Transport, LLC, “pose[s] an imminent hazard to the public is [its] continued widespread noncompliance with Federal safety regulations including regulations in 49 CFR Part 382 (Controlled Substances and Alcohol Use and Testing), 49 CFR Part 383 (Commercial Driver’s License Standards; Requirements and Penalties), 49 CFR Part 391 (Qualifications of Drivers), and 49 CFR Part 396 (Vehicle Inspection, Repair, and Maintenance).”
During a Compliance Investigation that began on May 25, 2022, FMCSA safety investigators discovered extensive acute and/or critical violations in almost every part of the FMCSRs that they reviewed, including 49 CFR Parts 382, 383, 391, and 396. Cumulatively, these violations demonstrated the motor carrier’s lack of effective safety management controls and significantly increased the likelihood of death or serious injury if not discontinued immediately.
Moreover, while the Compliance Investigation was ongoing, on or about June 2, 2022, Alvarez Transport, LLC dispatched driver Dante C. Elliott to drive a commercial motor vehicle (CMV) for which a commercial driver’s license is required in interstate commerce from New Haven, CT to Williamstown, VT. At the time of dispatch, the motor carrier had in its records a copy of Mr. Elliott’s driver’s license that showed it was expired. While attempting to navigate a sharp curve on Vermont Route 64 in this CMV, Mr. Elliott left the traveled portion of the roadway, the CMV slid into a ditch, overturned, and then came to a position of uncontrolled rest on its roof. Both Mr. Elliott and his passenger were killed in the crash. Witnesses reported that the CMV’s brakes were smoking before the crash, and a post-crash inspection discovered several out-of-service vehicle conditions. Local law enforcement is still in the process of investigating this crash.
Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893. Knowing and/or willful violations may result in criminal penalties.
A copy of the imminent hazard order issued to Alvarez Transport, LLC, is available here.
DOT, DOL Announce Expansion of Trucking Apprenticeships, New Boards To Improve Working Conditions of Truck Drivers
January 18, 2022
In December, as part of Administration’s approach to strengthen America’s supply chains, address bottlenecks, and lower prices for Americans, the U.S. Department of Transportation (DOT) and the U.S. Department of Labor (DOL) announced the Biden-Harris Trucking Action Plan, Today, to uphold the 30-day commitments made in the Trucking Action Plan, DOT and DOL are announcing next steps on several new initiatives that will support drivers and improve driver retention while expanding access to quality driving jobs now and in the years ahead. These initiatives include:
- Expanding Registered Apprenticeship programs — more than 100 employers and industry partners have stepped forward to work to expand Registered Apprenticeships in the last 30 days.
- Creating the Women of Trucking Advisory Board mandated in the Bipartisan Infrastructure Law.
- Creating a new task force, mandated by the Bipartisan Infrastructure Law, to investigate predatory truck leasing arrangements with DOL and the Consumer Financial Protection Bureau.
- Beginning two studies to explore the issues of truck driver pay and unpaid detention time.
- Launching the Safe Driver Apprenticeship Pilot –an under-21 pilot program for truck drivers mandated in the Bipartisan Infrastructure Law.
- Over $32 million in funding to states to improve CDL licensing process.
“In some parts of the trucking industry, 90% of drivers turn over each year. Making sure truck drivers are paid and treated fairly is the right thing to do, and it will help with both recruiting new drivers and keeping experienced drivers on the job,” said U.S. Transportation Secretary Pete Buttigieg.
“In the 30 days since the Administration’s Driving Good Jobs Initiative was launched, there is new energy and enthusiasm behind the effort to ensure jobs in the trucking industry are good, safe and sustainable jobs attractive to new generation of truck drivers who will remain in the industry over the long term,” said Secretary of Labor Marty Walsh. “Industry has to and is stepping up to partner and in the last month, we are already working with more than 100 employers to expand Registered Apprenticeships for drivers, an important step to making this shift a reality.”
“Too many American truckers are set up to fail with financing schemes or coerced into paying junk fees. To keep our economy moving, we must ensure that truckers who work hard don’t face financial ruin,” said CFPB Director Rohit Chopra.
Last summer, Secretary Buttigieg and Secretary Walsh co-wrote an op-ed that detailed high turnover in the trucking profession and ways to address it. Today’s announcement marks key next steps for the federal government to begin to address some of the challenges truck drivers face in their profession, while expanding access to quality driving jobs now. Below are more details on what’s being announced today:
Registered Apprenticeship Accelerator
- The Departments of Labor and Transportation launched the 90 Day Trucking Apprenticeship Challenge to accelerate the expansion of Registered Apprenticeships as a proven workforce strategy for helping employers and organized labor partners develop and retain a skilled workforce.
- Since the launch of the Challenge just 30 days ago, more than 100 employers and industry partners have stepped forward to expand Registered Apprenticeships.
- For example, more than 20 employers are already close to launching brand new apprenticeships, which will put thousands of new skilled and safe drivers on the road in good trucking jobs trained using the ‘earn while you learn’ Registered Apprenticeship model.
- Over the next 60 days the Departments of Labor and Transportation and industry partners will continue to host informational meetings and work with employers, industry groups and labor organizations to further support the development of Registered Apprenticeships across the industry.
Women of Trucking Advisory Board
- The Advisory Board will help inform efforts to increase the number of women in trucking by reviewing and reporting on the current challenges facing woman drivers and those interested in joining the profession, such as barriers to entry, on-the-job safety risks, mentorship, quality training, and opportunities for advancement.
- USDOT’s Federal Motor Safety Carrier Administration (FMSCA) will begin soliciting nominations for the Advisory Board to ensure that the composition of the Board represents a cross section of women in the trucking industry.
- This week, the White House is convening a virtual roundtable to gather input on how to build a more inclusive and equitable workplace for women in the trucking industry.
Truck Leasing Task Force
- Along with FMCSA, the DOL and the Consumer Financial Protection Bureau (CFPB) will form a Truck Leasing Task Force that will review leasing arrangements to identify actions that could make leases more equitable and transparent.
- The Task Force will be focused on reviewing and reporting on:
- Common truck leasing arrangements, with a specific focus on inequitable terms and transparency.
- Truck leasing arrangements for ports that involve a requirement for trucks to convert to zero emissions.
- Loans and other arrangements between incoming driver trainees and training schools and/or trucking companies to understand the extent to which these result in outsized and unanticipated debt for incoming drivers.
- Looking into predatory truck leasing arrangements with DOL and in coordination with the CFPB.
Detention Time Study
- FMCSA released a scope of work to begin a study on driver detention time and its impact on safety and compensation.
- Unlike past studies on the impact of driver detention time, this study will use a cross section of electronic logging device data to provide a much more detailed understanding of wait times for drivers across jurisdictions and industry sectors. Data used will be aggregated and anonymized to ensure driver privacy.
- In addition to quantifying detention time the study will also review how detention time influences the likelihood of a crash or an hours-of-service violation.
Compensation Study
- FMCSA has begun partnering with the Transportation Research Board to conduct a study of the impacts of various methods of driver compensation on safety and driver retention.
- Specifically, the study will review the safety effect of payments made to truck drivers per load or per mile versus payments per hour. The study will also review the amount of time a truck driver spends away from home, driving and detained to determine true working hours, and then determine true hourly wages.
Safe Driver Apprenticeship Pilot (“SDAP”)
- FMCSA notified the public that it will be screening motor carriers to determine their eligibility to participate in the SDAP if they meet strict safety standards.
- In the coming days, FMCSA will publish a Federal Register Notice that outlines the program safety requirements, including a requirement that participants meet the qualification standards of the Department of Labor’s Registered Apprenticeship program.
- FMCSA will also conduct outreach to motor carriers with excellent safety records inviting their participation in the program.
Funding to States for CDL Licensing
- DOT and FMCSA are supporting state departments of motor vehicles as they return to—or even exceed—pre-pandemic commercial driver’s license (CDL) issuance rates, which is helping bring more truck drivers into the field.
- As part of the Trucking Action Plan 30-day commitments, FMCSA announced over $30 million in funding available to help states expedite CDLs.
- The FMCSA has also sent all 50 states a toolkit detailing specific actions they can take to expedite licensing and will work hand-in-hand with states to address challenges they are facing.
Source: Federal Motor Carrier Safety Administration
MDOT MVA Bills Impacting Commercial Trucking Industry Takes Effect In October
October 1st, 2021
The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) is highlighting several new bills taking effect October 1 that address the commercial trucking industry, traffic safety and driver penalties.
Introduced by MDOT MVA leadership, passed by the Maryland General Assembly and signed into law earlier this year by Governor Larry Hogan, Senate Bill 291 accommodates truck platooning – a practice that utilizes vehicle-to-vehicle communications technology hosted by radar, GPS and Wi-Fi to allow two or more vehicles to be electronically synced with one another.
Other bills going into effect on October 1 that are related to motor vehicle operations and the MDOT MVA include:
• HB 519: Vehicle Equipment – Safety Glass – Replacement Standards requires MDOT MVA to establish standards and requirements for aftermarket safety glass replacement.
• HB 0115/SB 0020: Vehicle Laws – Canceled, Revoked and Suspended Driver’s Licenses – Penalties alters certain penalties for a person who displays a canceled, revoked or suspended driver’s license, and requires that a person who violates certain sections of the law must appear in court and may not prepay the fine.
• SB 0681: Motor Vehicles – Inspection Certificates – Exception allows transfer of a used vehicle from a business to a majority owner of the business without the need to obtain a motor vehicle safety inspection certificate, if the vehicle is primarily driven by the majority owner and the business has been dissolved or is in the process of dissolution.
THE FOLLOWING BILL HAS AN IMPACT ON ALL COMPANIES:
• HB 1074/SB 0140: Vehicle Laws – Commercial Motor Carriers – Safety, Inspection, Performance and Insurance Information, also known as James Cohran’s Law, requires employers of commercial motor vehicle drivers to provide certain information to a prospective employee driver. This law ensures prospective employees receive information on an employer’s safety record and crash data. Companies will be held accountable via civil penalties if they do not comply.
New State Laws Impacting Truckers To Take Effect In Maryland In October
September 9th, 2021
As we roll into the Fall of 2021, there are two new state laws set to impact ALL companies operating trucks in Maryland.
The new requirements, starting October 1st, 2021, will be:
Preventive Maintenance Inspections for Trucks:Current Maryland laws require an annual Preventive Maintenance Inspection for registered commercial motor vehicles to be done annually or every 25,000 miles, whichever comes first.
• Annually or every 35,000 miles (whichever comes first) for Class F tractors that are no more than 5 years old.
• Annually or every 50,000 miles (whichever comes first) for Class E straight trucks that are no more than 5 years old and are powered by a zero-emission fuel source (e.g., electric or hydrogen).
• Vehicles that are older than 5 years will continue to need a PM inspection annually or every 25,000 miles consistent with current law.
Mandatory Information Sharing with Prospective Drivers:FMCSA regulated employer with more than one driver and a place of business in the state must provide a driver with its U.S. DOT number and the URL for FMCSA’s Safety and Fitness Records system (https://safer.fmcsa.dot.gov/) when it makes an offer of employment. This applies to any driver of a commercial motor vehicle over 10,000 lbs.
There are several ways in which companies can comply with these regulations. These methods include printing your company’s DOT number and the SAFER web address (https://safer.fmcsa.dot.gov/) and including them with your application, offer letter, or other documentation given to a prospective driver.
DOT Compliance Consults, LLC Announces New Location In Crofton, MD
Troy Smith of DOT Compliance Consultants, LLC is pleased to announce the official opening the company’s new office in Crofton, Maryland. The new office, strategically located in the central business district of Delmarva region, brings the company closer to its clients in Delaware, Maryland and Virginia, while strengthening the company’s overall presence.
“We are excited about our new office in Crofton, and we’re ready to enhance our offerings to the region.” —Troy Smith, DOT Compliance Consultants, LLC
Our team of experts is the region’s leading experts in the safety of commercial vehicles and drivers. We offer the commercial vehicle industry peace of mind in meeting all rules and regulations pertaining to FMCSA’s requirements. The services provided by our DOT Compliance Consultants, LLC will assure your company is maintaining the proper paperwork, meeting all trucking and driver safety requirements, and providing you with the most up-to-date information in rules and regulations. Our highly certified consultants have built a reputation as one of the leading agencies in the commercial vehicle industry.
For more information regarding the new Crofton office, contact us at 443-829-5937.