Common DOT/FMCSA compliance questions

What are the requirements for Hours of Service (HOS) compliance?

• The FMCSA's Hours of Service (HOS) regulations (49 CFR Part 395) are designed to prevent driver fatigue by limiting the amount of time a driver can operate a commercial motor vehicle (CMV). Key provisions include:

  • 11-Hour Driving Limit: Drivers are allowed to drive for up to 11 hours after 10 consecutive hours off duty.

  • 14-Hour Limit: A driver cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. This limit applies even if the driver takes off-duty time during that 14-hour period.

  • 30-Minute Break: Drivers must take a 30-minute break after 8 cumulative hours of driving without at least a 30-minute interruption.

  • 60/70-Hour Limit: Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A 34-hour restart provision allows drivers to reset this calculation after taking 34 consecutive hours off duty.

  • Electronic Logging Devices (ELDs): As of December 18, 2017, most drivers are required to use ELDs to automatically record their driving hours, ensuring compliance with HOS regulations (49 CFR Part 395, Subpart B). ELDs replace paper logs and help prevent tampering with driving records​ (Vertical Identity)​ (InOut Labs)​ (Vertical Identity).

What do I need to know about drug and alcohol testing?

• FMCSA regulations (49 CFR Part 382) mandate drug and alcohol testing for all drivers who hold a commercial driver's license (CDL) and operate CMVs requiring a CDL. The types of tests required include:

  • Pre-Employment Testing: Before performing safety-sensitive functions, including driving, drivers must pass a drug test.

  • Random Testing: Drivers must be subject to random drug and alcohol testing throughout the year. The minimum annual percentage rates are set by the FMCSA, with a current rate of 50% for drug testing and 10% for alcohol testing.

  • Post-Accident Testing: Drivers must be tested for drugs and alcohol if they are involved in an accident resulting in a fatality, or if they receive a citation for a moving violation arising from the accident.

  • Reasonable Suspicion Testing: Employers must conduct drug and alcohol testing if a trained supervisor observes specific, contemporaneous physical, behavioral, or performance indicators of probable drug or alcohol use.

  • Return-to-Duty and Follow-Up Testing: After a violation, drivers must complete the return-to-duty process, including a negative test result, and undergo follow-up testing as directed by a Substance Abuse Professional (SAP).

  • Clearinghouse: The Drug and Alcohol Clearinghouse (49 CFR Part 382, Subpart G) is an online database that provides real-time access to information about CDL holders' drug and alcohol program violations. Employers must query the Clearinghouse for prospective and current employees during the hiring process and annually thereafter​ (Vertical Identity)​ (Drug & Alcohol Clearinghouse).

How should I handle vehicle maintenance and inspections?

• FMCSA regulations require rigorous maintenance and inspection protocols to ensure vehicle safety (49 CFR Part 396):

  • Pre-Trip Inspections: Drivers must inspect their vehicles before each trip, checking critical safety components such as brakes, lights, tires, steering, and coupling devices. The driver must document these inspections and ensure that any defects or deficiencies are addressed before the vehicle is operated.

  • Driver Vehicle Inspection Report (DVIR): After each trip, drivers must complete a DVIR, noting any defects or deficiencies that may affect the safety of the vehicle. The motor carrier must repair these issues before the vehicle is operated again.

  • Periodic Inspections: Vehicles must undergo an annual inspection by a qualified inspector. The results of this inspection must be documented and kept on file.

  • Record-Keeping: Motor carriers must maintain records of all inspections, repairs, and maintenance for at least one year, and for six months after a vehicle leaves the carrier's control. This documentation is critical for proving compliance during audits or inspections​ (InOut Labs)​ (Vertical Identity).

What documentation and records do I need to maintain?

• Accurate and comprehensive record-keeping is crucial for compliance with FMCSA regulations (49 CFR Part 390):

  • Hours of Service Records: Drivers must maintain logs of their hours of service (HOS) as required under 49 CFR Part 395. This includes logs maintained via ELDs, which must be kept for six months.

  • Driver Qualification Files (DQF): Each driver must have a DQF that includes the driver's employment application, motor vehicle records (MVRs) from each state where the driver held a license in the past three years, the annual review of driving records, the driver’s medical examiner’s certificate, and the certificate of road test.

  • Maintenance and Inspection Records: Records of all inspections, repairs, and maintenance must be kept for one year while the vehicle is under the carrier’s control and for six months after the vehicle leaves the carrier's control.

  • Drug and Alcohol Testing Records: Employers must maintain records of drug and alcohol testing, including test results, the chain of custody forms, and any documentation of refusals to test. These records must be kept for five years for positive test results and one year for negative results​ (InOut Labs)​ (Vertical Identity).

How does the Drug and Alcohol Clearinghouse impact me?

• The Drug and Alcohol Clearinghouse (49 CFR Part 382, Subpart G) is an FMCSA-administered online database that tracks CDL holders' violations of drug and alcohol testing regulations:

  • Registration Requirement: All CDL holders, including owner-operators, must register with the Clearinghouse. Employers are required to conduct pre-employment queries for prospective hires and annual queries for existing employees to check for any violations recorded in the Clearinghouse.

  • Violations: The Clearinghouse records positive test results, refusals to test, and any other violations related to the drug and alcohol testing program. It also tracks the completion of the return-to-duty process and follow-up testing requirements.

  • State Coordination: The Clearinghouse links drivers' violations across state lines, ensuring that a violation in one state is recognized even if the driver applies for a CDL in another state. This helps maintain the integrity of the drug and alcohol testing program nationwide.

  • Impact on Employment: Employers must check the Clearinghouse before hiring a driver and cannot hire drivers who have unresolved violations. Drivers must comply with any requirements for return-to-duty testing and follow-up testing as documented in the Clearinghouse​ (Drug & Alcohol Clearinghouse).