fmcsa record keeping requirementsfmcsa record keeping requirements

Question 15: Is it permissible to use the back of a record of duty status (daily log) as a DVIR? (2) If FMCSA grants expedited treatment, it will subsequently inform the driver of its decision in writing within 14 days of receipt of a complete petition. ). Specifically, the new rule allows carriers to generate, certify, sign, maintain and exchange records electronically if the electronic records: On Apr. Verified positive, adulterated, or substituted drug test result. Under this subpart a refusal would also include a refusal to undergo a medical examination or evaluation to substantiate a qualifying medical condition. (d) Prohibition. 382.103 Applicability. 521(b). Records shall be submitted to the FMCSA upon request. 405, 830; and 49 CFR 1.87. How many supporting documents must be retained by motor carriers, and when must drivers submit them to the motor carrier? No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication in the Federal Register. contact the publishing agency. Guidance: Yes, but the retention requirements of 396.11 and 395.8 must be met. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under 382.307. (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. Each employer shall provide educational materials that explain the requirements of this part and the employer's policies and procedures with respect to meeting these requirements. 81 FR 87725, Dec. 5, 2016, unless otherwise noted. After January 30, 2015, and through June 22, 2025, a motor carrier may use a copy of the driver's current medical examiner's certificate that was submitted to the State for up to 15 days from the date it was issued as proof of medical certification. 382.503 Required evaluation and testing, reinstatement of commercial driving privilege. USCG - Maritime : (2) On or after November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver's licensing official of a State must obtain the driver's record from the Clearinghouse if the driver has applied for a commercial driver's license or commercial learner's permit from that State. PDF Record Keeping Requirements: FMCSA Motorcoach Safety Compliance If an alcohol test required by this section is not administered within eight hours following the determination under paragraph (a) of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (b) An employer's use of information received from the Clearinghouse is limited to determining whether a prohibition applies to a driver performing a safety-sensitive function with respect to a commercial motor vehicle. [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023]. DOT Recordkeeping Requirements | FMCSA Registration The driver qualification file, or DQF, is an FMCSA record-keeping requirement that trucking companies must meet for every employed driver. No employer shall permit a driver who has engaged in conduct prohibited by subpart B of this part to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of part 40, subpart O, of this title. result, it may not include the most recent changes applied to the CFR. FTA - Transit : 49 CFR part 655.71 . PDF FMCSA Fact Sheet Exception: When an employee who is subject to follow-up testing has not successfully completed all follow-up tests, employers must request the employee's follow-up testing plan directly from the previous employer in accordance with 40.25(b)(5) of this title. (c) The exceptions contained in 390.3(f) of this subchapter do not apply to this part. 1200 New Jersey Avenue SE Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. [81 FR 87724, Dec. 5, 2016, as amended at 86 FR 35639, July 7, 2021]. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool. For each controlled substance test performed under this part, the employer shall provide the following information, which must be recorded as follows: (1) The driver's commercial driver's license number and State of issuance in Step 1, section C of the CCF. (d) Notice of decision. (vii) A copy of each annual calendar year summary required by 382.403. (g) Subsequent notification to employers. Record Keeping As a general rule, drivers are required to keep a daily log book . 382.703 Driver consent to permit access to information in the Clearinghouse. (iv) Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances. This document is available in the following developer friendly formats: Information and documentation can be found in our 382.713 Duration, cancellation, and revocation of access. C/TPAs are not employers for purposes of this part, except as provided in 382.705(c). If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. will bring you directly to the content. If the employer cannot verify that the driver is participating in a controlled substances testing program in accordance with this part and part 40 of this title, the employer shall conduct a pre-employment controlled substances test. The motor carrier must retain the original or a copy of the periodic inspection report for 14 months from the report date. Background and more details are available in the Who Must Comply with the FMCSRs and HMRs? Here are 8 requirements for an FMCSA Driver Qualification File. All motor carriers and drivers must comply with the supporting documents requirements starting December 18, 2017. Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) means the FMCSA database that subpart G of this part requires employers and service agents to report information to and to query regarding drivers who are subject to the DOT controlled substance and alcohol testing regulations. (1) Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced. Required evaluation and testing, reinstatement of commercial driving privilege. (i) For drivers not required to have a CDL, a note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by 391.23 (m) (1) . (v) Certification that any training conducted under this part complies with the requirements for such training. (b) The qualification file for a driver must include: (1) The driver's application for employment completed in accordance with 391.21; (2) A copy of the motor vehicle record received from each driver's licensing authority pursuant to 391.23(a)(1); (3) The certificate of driver's road test issued to the driver pursuant to 391.31(e), a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test pursuant to 391.33, or the original of the written statement providing that the motor carrier determined the driver is not required by 391.44(d) to complete a road test pursuant to 391.44(d)(3)(ii)(A) and the original, or a copy, of the driver's certification required by 391.44(d)(3)(i); (4) The motor vehicle record received from each driver's licensing authority to the annual driver record inquiry required by 391.25(a); (5) A note relating to the annual review of the driver's driving record as required by 391.25(c)(2); (i) The medical examiner's certificate as required by 391.43(g) or a legible copy of the certificate. 382.415 Notification to employers of a controlled substances or alcohol testing program violation. (6) Administrative records related to alcohol and controlled substances testing: (i) Agreements with collection site facilities, laboratories, breath alcohol technicians, screening test technicians, medical review officers, consortia, and third party service providers; (ii) Names and positions of officials and their role in the employer's alcohol and controlled substances testing program(s); (iii) Semi-annual laboratory statistical summaries of urinalysis required by 40.111(a) of this title; and. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. Even if you are your trucking company's only driver, you . This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see 40.61(a) of this title); (2) Fail to remain at the testing site until the testing process is complete. After January 30, 2015, a non-excepted, interstate CDL holder without medical certification status information on the CDLIS motor vehicle record is designated not-certified to operate a CMV in interstate commerce. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or. As used in this section, traffic citation means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances. Exception: No driver may be required to pay a fee to access his or her own information in the Clearinghouse. [66 FR 43103, Aug. 17, 2001, as amended at 77 FR 4483, Jan. 30, 2012]. Who is Required to Run DOT Background Checks? Any employer or driver who violates the requirements of this part shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part. (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. (a) Except as expressly authorized in this subpart, no person or entity may access the Clearinghouse. Federal Motor Carrier Safety Administration (FMCSA), RegisteringObtaining a U.S. (d) Nothing in this part shall prohibit FMCSA from accessing information about individual drivers in the Clearinghouse for research, auditing, or enforcement purposes. PDF FMCSR Recordkeeping Requirements FMCSA will cancel Clearinghouse registrations for anyone who has not queried or reported to the Clearinghouse for 2 years. Carriers must maintain records for each vehicle they control through ownership or lease for 30 consecutive days. Driver consent to permit access to information in the Clearinghouse. [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 57069, Oct. 14, 2021]. (1) Employers must report the following information about a driver to the Clearinghouse by the close of the third business day following the date on which they obtained that information: (i) An alcohol confirmation test result with an alcohol concentration of 0.04 or greater; (ii) A negative return-to-duty test result; (iii) A refusal to take an alcohol test pursuant to 49 CFR 40.261; (iv) A refusal to test determination made in accordance with 49 CFR 40.191(a)(1) through (4), (a)(6), (a)(8) through (11), or (d)(1), but in the case of a refusal to test under (a)(11), the employer may report only those admissions made to the specimen collector; and. (1) Employer Clearinghouse registration must include: (ii) USDOT number, except if the registrant does not have a USDOT Number, it may be requested to provide other information to verify identity; and. The employer must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 40.26 and appendix J to part 40). Below are the available interpretations for the given section. Record-Keeping Requirements 9 Post-Trip Inspection Report 9 Pre-Trip Inspection Report 10 Periodic Inspection 10 Driver Safety Requirements 11 . A1. (ii) Records concerning a driver's compliance with recommendations of the substance abuse professional. In order to ensure reliability of the data, the FMCSA Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry positive rate. or existing codification. Please do not provide confidential [66 FR 43103, Aug. 17, 2001, as amended at 86 FR 35639, July 7, 2021]. 32934 of Pub. (2) Except as provided in paragraphs (f) through (h) of this section, the minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions. (b) All foreign-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations in the United States. To view the regulations text, use the link below. To return to the list of parts, use the Parts link above. Each employer shall maintain the records in accordance with the following schedule: (1) Five years. Bodily injury with immediate medical treatment away from the scene, iii. (12) The requirement that the following personal information collected and maintained under this part shall be reported to the Clearinghouse: (i) A verified positive, adulterated, or substituted drug test result; (ii) An alcohol confirmation test with a concentration of 0.04 or higher; (iii) A refusal to submit to any test required by subpart C of this part; (iv) An employer's report of actual knowledge, as defined at 382.107: (A) On duty alcohol use pursuant to 382.205; (B) Pre-duty alcohol use pursuant to 382.207; (C) Alcohol use following an accident pursuant to 382.209; and. 390.31 Copies of records or documents: Acceptable formats: scanned, microfiche, photocopies. Organization and Purpose (d) The driver used alcohol prior to a post-accident alcohol test in violation of 382.209. Bipartisan Infrastructure Law; Climate and Sustainability; Equity; Safety; Transformation; Federal Motor Carrier Safety Administration (FMCSA) published the Hours of Service final rule that revises the . Each person holding a commercial driver's license and subject to the DOT controlled substances and alcohol testing requirements in this part who has violated the alcohol and controlled substances prohibitions under part 40 of this title or this part without complying with the requirements of part 40, subpart O, must notify in writing all current employers of such violation(s). guide. The employer shall promptly provide the records requested by the driver. (2) FMCSA will provide access to information in the Clearinghouse concerning drivers who are involved with the crash under investigation. Procedures for correcting certain information in the database. Employers must update any changes to this information within 10 days. (b) FMCSA must notify a driver when information concerning that driver has been released from the Clearinghouse to an employer and specify the reason for the release. (c) Revocation. [66 FR 43103, Aug. 17, 2001, as amended at 86 FR 55741, Oct. 7, 2021]. Words or phrases used in this part are defined in 386.2 and 390.5 of this subchapter, and 40.3 of this title, except as provided in this section. ( 1) The driver's application for employment completed in accordance with 391.21; ( 2) A copy of the motor vehicle record received from each driver's licensing authority pursuant to 391.23 (a) (1); No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions. These individuals may be: (i) Operators of a farm vehicle which is: (B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; (C) Not used in the operations of a for-hire motor carrier, except for an exempt motor carrier as defined in 390.5 of this subchapter; and. For the purposes of this section, conviction has the same meaning as used in 49 CFR part 383. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. (3) Identification of the C/TPA or other service agent used to comply with the requirements of this part, if applicable, and authorization for the C/TPA to query or report information to the Clearinghouse. (4) Employers must report the following violations by the close of the third business day following the date on which the employer obtains actual knowledge, as defined at 382.107, of: (i) On-duty alcohol use pursuant to 382.205; (iv) Controlled substance use pursuant to 382.213. Navigating DOT/FMCSA Background Checks: Guide for Employers | DISA (2) While participating in that program, either: (i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or, (ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and. The Administrator may designate means (e.g., electronic program transmitted via the Internet), other than hard-copy, for MIS form submission. Title 49 was last amended 6/22/2023. (1) A driver may request expedited treatment to correct inaccurate information in his or her Clearinghouse record under paragraph (a)(1) of this section if the inaccuracy is currently preventing him or her from performing safety-sensitive functions, or to remove employer reports under paragraph (a)(2) of this section if such reports are currently preventing him or her from performing safety-sensitive functions. (h) Exception. (a) FMCSA must notify a driver when information concerning that driver has been added to, revised, or removed from the Clearinghouse. The contents may not be relied upon as a substitute for the Agencys, United States Department of Transportation, The Federal Motor Coach Safety Administration. (d) Driver information remains available. (d) Each employer, and each service agent who maintains records for an employer, must make available copies of all results for DOT alcohol and/or controlled substances testing conducted by the employer under this part and any other information pertaining to the employer's alcohol misuse and/or controlled substances use prevention program when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. Regs. eCFR :: 49 CFR 390.5T - eCFR :: Home 382.405 Access to facilities and records. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). It is meant to serve as a guide only and the Agency does not assume responsibility for any omissions, errors, or ambiguity contained herein. By partnering with DISA, businesses can meet their DOT/FMCSA . The FMCSA requires that your truck maintenance program document all activities including repairs, service schedules, maintenance checklists, and more. Federal Motor Carrier Safety Administration (FMCSA), DOT. Safety-sensitive functions shall include: (1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer; (2) All time inspecting equipment as required by 392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All time spent at the driving controls of a commercial motor vehicle in operation; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 393.76 of this subchapter); (5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and. Admin. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request. SEE MORE OF WHAT'S NEW. (b) Required content. (vi) The results of any tests taken within the previous six months and any other violations of subpart B of this part. PDF MISSOURI TRUCKING GUIDE - Home Page | Missouri Department of Transportation The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. An employer, employee, MRO, or service agent who violates any provision of this subpart shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. Duration, cancellation, and revocation of access. No person may report inaccurate or misleading information to the Clearinghouse. (1) A driver may request FMCSA to conduct an administrative review if he or she believes that a decision made in accordance with paragraph (d) or (e) of this section was in error. and have been assigned OMB control number 21260012. (ii) Records of driver verified positive controlled substances test results.