FMCSA Tag

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The Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse rule requires employers to monitor employees’ drug and alcohol violations.

Employers must have drug and alcohol violation queries pulled from the Drug and Alcohol Clearinghouse by Jan. 6, 2021.

The rule applies to employers and commercial driver’s license (CDL) drivers. The FMCSA considers owner-operators as both employers and employees, so they must conduct queries on themselves as well.

The FMCSA Drug and Alcohol Clearinghouse is an online database that allows employers to conduct queries on prospective and current CDL drivers. Queries are electronic checks used to determine whether CDL drivers are prohibited from performing safety-sensitive functions due to unresolved drug and alcohol program violations.

Legal Update HeaderDue to the ongoing coronavirus pandemic, the Federal Motor Carrier Safety Administration (FMCSA) has granted a waiver that extends and revises dates for commercial motor vehicle drivers’ (CMVs) licensing and medical certification.

Temporary Waivers

The waiver starts Oct. 1 and applies to certain commercial driver’s license (CDL), commercial learner’s permit (CLP), and medical certification requirements. This waiver provides the same relief as waivers that were granted on March 24 and June 15, 2020, but have since expired.

Legal Update HeaderThe Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service final rule became effective Sept. 29, 2020. The final rule revised the previous regulations on hours of service and affect the sleeper berth provision, adverse driving exception, short-haul exception and the 30-minute break rule.

The FMCSA says it believes these changes will provide more flexibility and allow for more productivity while ensuring safety.

Legal Update HeaderOn Sept. 11, 2020, the Federal Motor Carrier Safety Administration (FMCSA) extended yet again the emergency declaration that provides truck drivers an exemption from Parts 390 to 399 of the federal motor carrier regulations (including hours of service, vehicle inspection and driver qualification rules).

COVID-19 trucking exemptions were originally issued on March 13, 2020, but have been repeatedly expanded to remain in force throughout the current pandemic. This latest extension is set to expire on Dec. 31, 2020, or until the national state of emergency ends, whichever comes sooner.

Legal Update HeaderOn July 6, 2020, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice to assure motor carriers that they will be able to test drivers at a lower rate if they can prove that a deviation from current random testing rates was necessary because of the COVID-19 pandemic.

The notice is significant because the FMCSA doubled the testing rate for controlled substances in 2020 to 50 percent. The FMCSA is issuing this notice because the agency is aware that the pandemic has created, and may continue to create, major disruptions in the motor carrier industry.