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COVID-19 Updates
COVID-19 - Emergency Declaration
In accordance with 49 CFR § 390.25, this extension of the expanded modified Emergency Declaration No. 2020-002 is effective at 12:00 A.M. (ET), February 17, 2021 and shall remain in effect until 11:59 P.M. (ET), May 31, 2021, or until the revocation of the declaration of national emergency whichever is sooner.
The Federal Motor Carrier Safety Administration (FMCSA) declares that the continuing national emergency warrants extension of the expanded modified Emergency Declaration No. 2020-002. The extension of the expanded modified Emergency Declaration continues the exemption granted from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the fifty States and the District of Columbia as set forth below.
By execution of this extension of the expanded modified Emergency Declaration No. 2020-002, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 public health emergency are granted emergency relief from Parts 390 through 399 of the FMCSRs, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies related to COVID-19 during the emergency.
The extension of the expanded modified Emergency Declaration No. 2020-002 provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to COVID-19 and is limited to transportation of
(1) Livestock and livestock feed;
(2) Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
(3) Vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
(4) Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; and
(5) Food, paper products and other groceries for emergency restocking of distribution centers or stores.
Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.[1]
For a full release and a complete list of restrictions and limitations refer to the FMCSA release @
COVID-19 - Driver's License
Waiver in Response to the COVID-19 National Emergency – For States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles
February 16, 2021
SUMMARY: FMCSA permits, but does not require, States to extend the validity of commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs) and to waive the 14-day waiting period and grants other waivers from certain regulations applicable to interstate and intrastate CDL and CLP holders and to other interstate drivers operating commercial motor vehicles (CMVs). FMCSA has initiated this action in response to the March 13, 2020 declaration of a national emergency under 42 U.S.C. § 5191(b) and the public health emergency declared on January 31, 2020 related to the coronavirus disease 2019 (COVID-19). The Agency issued similar waivers on March 24, June 15, September 18, and December 15, 2020.
The FMCSA furthers waives certain requirements for both CDL and non-CDL drivers regarding proof of medical certification provided the drivers have proof of a valid medical certification or medical variance that expired on or after December 1, 2020.
DATES: This waiver is effective March 1, 2021 and expires on May 31, 2021 or upon the revocation of the Declaration of National Emergency under 42 U.S.C. § 5191(b) concerning the COVID-19 public health emergency, whichever s sooner.
The Full Text of the waiver may be found at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2021-02/FMCSA%20CDL%20and%20MEC%20Waiver%20-%20Feb%2016%202021.pdf
COVID-19 - Controlled Substance and Alcohol Regulations
Updated December 18, 2020
Controlled Substance and Alcohol Regulations
As a DOT-regulated employer, you must comply with applicable DOT training and testing requirements. However, DOT recognizes that compliance may not be possible in certain areas due to the unavailability of program resources, such as collection sites, Breath Alcohol Technicians (BAT), Medical Review Officers (MRO) and Substance Abuse Professionals (SAP). You should make a reasonable effort to locate the necessary resources. As a best practice at this time, employers should consider mobile collection services for required testing if the fixed-site collection facilities are not available. You should also have regular communications with service agents regarding the service agent’s availability and capability to support your DOT drug and alcohol testing program.
FMCSA has issued guidance on how to handle disruptions to controlled substance and alcohol testing during the emergency. This guidance is in effect until June 30, 2020.
Pre-Employment Testing
In several instances FMCSA is not granting any latitude. You may not allow a new hire to perform safety sensitive functions until you have received a negative pre-employment test result in compliance with 49 CFR 382.301(a) or (b). The 30-day requirement of §382.301(b) has been waived and a 90-day requirement has been put in place until September 30, 2020. Drivers who need a return to duty test cannot perform safety sensitive functions until you have received a negative return to duty test result.
Random Testing
The regulations for Random Alcohol and Controlled Substances Testing require that testing be equally spaced throughout the year. Carriers should continue random selections as required. However If due to disruptions caused by the COVID-19 national emergency, you are unable to perform random selections and tests sufficient to meet the random testing rate for a given testing period in order to achieve the required 50% rate for drug testing, and 10% for alcohol testing, you should make up the tests by the end of the year. You should document in writing the specific reasons why you were unable to conduct tests on drivers randomly selected, and any actions taken to locate an alternative collection site or other testing resources
Post-Accident Testing
You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 hours following the accident, due to disruptions caused by the COVID-19 national emergency, you must document in writing the specific reasons why the test could not be conducted, as currently required.
Follow Up Testing
If testing cannot be completed, you should document in writing the specific reasons why the testing could not be conducted as in accordance with the follow-up testing plan; you should include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. You should conduct the test as soon as practicable.
Reasonable Suspicion
You should document in writing the specific reasons why the test could not be conducted as required; include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. This documentation should be provided in addition to the documentation of the observations leading to a test, as required by 49 CFR 382.307(f).
Follow current regulations addressing situations in which reasonable suspicion testing is not conducted, set forth in 49 CFR 382.307(e)(1), (2). This is extremely important. A driver who has exhibited observable signs of alcohol use sufficient to require a reasonable suspicion test cannot be placed back in service if a test is not performed. The regulation cited previously requires that they not perform safety sensitive functions for 24 hours. There may also be company policies which come into play in this situation.
Refusal to Test
It is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i). However, as the COVID-19 outbreak poses a novel public health risk, DOT asks employers to be sensitive to employees who indicate they are not comfortable or are afraid to go to clinics or collection sites. DOT asks employers to verify with the clinic or collection site that it has taken the necessary precautions to minimize the risk of exposure to COVID-19. Also, as mentioned earlier, consider the use of mobile collection service.
For more information on drug and alcohol testing, visit this link:
https://www.fmcsa.dot.gov/emergency/fmcsa-covid-19-drug-alcohol-testing-guidance
COVID-19 - General Guidance
General Discussion on FMCSA Waivers
As the Federal Motor Carrier Safety Administration continues to issue and modify waivers of compliance from certain regulations in response to Covid-19 it is appropriate to discuss, in general terms, what these waivers mean from a regulatory sense.
49 CFR 390.23 allows certain officials to exempt certain regulated parties from Parts 390-399 of the Federal Motor Carrier Safety Regulations when providing direct assistance to an emergency. The subpart explains that relief ends when the direct assistance ends. 49 CFR 325 allows for extensions of the declared relief efforts. The exemptions may be narrow in scope to define who and what is exempted.
When a carrier is exempted from Parts 390-399 they are exempted from hours of service, vehicle maintenance requirements, and driver qualification. Please refer to FAQs https://www.fmcsa.dot.gov/emergency/general-emergency-faqs. The current Covid-19 waivers bring back certain subparts contained in §392 dealing with rules of the road and prohibitions on texting and using a hand-held mobile telephone.
49 CFR 383, CDL requirements and 49 CFR 382, Drug and Alcohol requirements are outside of the general relief requirements and therefore additional notices are necessary when dealing with these subjects.
Vehicle registration, overweight permits, etc. are state issues and outside of the FMCSA authority to grant relief. State Drivers Licensing Agencies have their own set of regulations to follow (49 CFR 384). Federal regulatory exemptions waivers are broken up to address issues that apply to CDL drivers and the agencies that issue the licenses, which explains why often what looks like repition is actually direction to multiple audiences.
General FAQs
Do I need to comply with FMCSA regulations?
If you only operate intrastate (i.e. you do not cross state lines), then different regulations may apply. Contact NTCI to determine what regulations may apply in your state.
If I don’t need a CDL, am I still subject to the FMCSA regulations?
What is needed to comply with DOT regulations?
The following reflect some of the items most often required (additional items may be required) for DOT compliance:
· USDOT Number (if you cross state lines)
· State DOT Number (if you only stay within your state)
· Medical Examiner’s Certificate
· Driver Qualification File
· Accident Register (for recordable crashes)
· Annual / Periodic Vehicle Inspections
· Vehicle Maintenance Files
· Hours of Service Records
· Pre-Trip & Post-Trip Inspections
To determine what Federal and/or State DOT regulations affect you, contact NTCI and take away the guesswork.
Why do I need to comply with DOT regulations?
Regulations can be costly, resulting in fines, increased scrutiny, and ratings downgrades that can impact your reputation, cause you to lose business, and increase your insurance costs. It can even lead to the revocation of your fleet’s operating authority and put you out of business.
If you don’t know what Federal and/or State DOT regulations affect you, contact NTCI. You’ll be glad you did!
What is CSA?
When the program is fully rolled out we will have a new nationwide system that will make the roads safer for motor carriers and the public alike. We offer the following educational programs to learn and understand CSA:
· Complete training for CSA
· Analysis of how SMS (Safety Measurement System) results impact a carrier
· Development of safety programs to improve compliance
· Analysis of data to identify root causes
· Training to correct problem behavior
Driver Qualification & Hiring FAQs
Do I need to comply with FMCSA regulations?
The Federal Motor Carrier Safety Regulations govern anyone who operates a commercial motor vehicle in interstate commerce (i.e. across state lines). The regulations apply to commercial motor vehicles that have a gross vehicle or combination (i.e. truck and trailer combined) weight or weight rating of 10,001 lbs. or more. In other words, if your truck, or your truck and trailer combined, has a gross vehicle weight rating of 10,001 pounds or more, you are subject to the regulations when you are using the vehicle(s) in the furtherance of a commercial enterprise.
If you only operate intrastate (i.e. you do not cross state lines), then different regulations may apply. Contact NTCI to determine what regulations may apply in your state.
Is it possible to get exemptions for some medical conditions?
Is my Medical Certification limited to my current employment or job duties?
Am I required to have a medical certificate if I only operate a commercial motor vehicle in intrastate commerce in my home state?
Can a Commercial Motor Vehicle driver be medically qualified if that driver uses a legally prescribed drug?
Yes. A driver may use a non-schedule I drug or substance that is identified in 21 CFR 1308 if the substance is prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that the prescribed substance will not affect the drivers ability to safely operate a commercial vehicle.
How do I find a qualified Medical Examiner to obtain my DOT medical card?
The list of certified medical examiners including physicians, nurse practitioners, physician assistants and chiropractors, is available on the National Registry website
I have a CDL but do not drive a CDL vehicle. Do I have to be drug tested and be in the random selection pool?
No, you are only subject to the drug and alcohol testing when you possess a CDL and operate a CDL vehicle.
CSA Scores FAQs
What is FMSCA and what do they analyze?
Roadside Intervention Effectiveness: Analyzing the FMCSA Program Results
The Federal Motor Carrier Safety Administration (FMCSA) has developed an analytic model to measure the effectiveness of roadside inspections and traffic enforcements in terms of the number of crashes prevented, injuries prevented, and lives saved. This model provides FMCSA management with the information needed to address the requirements of the Government Performance and Results Act of 1993, which requires Federal agencies to measure the effectiveness of their programs as part of the budget cycle process. It also provides FMCSA and State safety program managers with a quantitative basis for optimizing the allocation of safety resources in the field.
That’s taken from the first paragraph of a report issued in February discussing the positive impacts created by FMCSA’s program of roadside inspection and traffic enforcement. Anytime someone releases a study there’s almost certain to be questions asked about the validity of the methodology. However, for the moment, let’s take a look at the report’s findings without questioning how they arrived at the conclusions.
For the five year period ending in 2012 the number of roadside inspections increased by 17% to just over 3 million. During that same period the number of crashes, injuries and deaths prevented only rose at one half that rate. For the same five year period the number of traffic enforcements dropped by 32% and the number of crashes, injuries and deaths prevented dropped by a slightly higher percentage.
If we expand the time period to ten years, the number of roadside inspections goes from 2,253,070 to 3,071,817, an increase of 36%. Yet, during the same period, the number of crashes prevented only increases by 21% while the number of injuries and deaths prevented actually drops. If we take a look at traffic enforcement over the last ten years, the number of stops has dropped by 33% while crashes prevented have dropped 30%, injuries prevented have fallen 43%, and deaths prevented have fallen by 53%.
What is striking is that the 36% increase in roadside inspections has only produced a smaller increase in crash prevention and has had a negative impact on injury and death prevention. It seems that roadside inspections have hit a level of diminishing returns. That’s not surprising since it seems highly unlikely that a violation for a burned out license plate light in any way corresponds to crash risk. Yet, the underlying assumption by FMCSA is “each inspection that uncovers and corrects at least one violation is interpreted as having reduced crash risk.” Unfortunately, FMCSA’s own statistics don’t validate that assumption.
On the other hand, the sharp drop in traffic enforcements has been accompanied by an even higher reduction in injuries and deaths prevented. There doesn’t seem to be any mystery in that. It makes sense from a safety and countermeasures point of view to focus on stopping drivers whose driving habits bring them to the attention of police. It just makes sense to put the priority back into traffic enforcement which intuitively and statistically will lead to better outcomes.
Safety Ratings FAQs
Why be concerned about a safety rating?
What does a Satisfactory, Conditional or Unsatisfactory Safety Rating mean?
(1) Satisfactory safety rating means that a motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standard prescribed in §385.5. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.
(2) Conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in violations of the Federal Motor Carrier Safety Regulations.
(3) Unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard, which has resulted in violations of the Federal Motor Carrier Safety Regulations.
When a motor carrier receives a Satisfactory Safety Rating, no action is required and the rating becomes final on the date of issue. A Conditional Rating may be appealed when the carrier has made sufficient corrective actions to warrant a Satisfactory Rating. Carriers with a Conditional Rating may continue to operate. Carriers who receive an Unsatisfactory Rating must submit evidence to the FMCSA of corrective actions. Unsatisfactory Rated carriers will be prohibited form interstate and intrastate transportation.
Today’s regulatory enforcement activities are driven toward paying attention to motor carriers as identified by high SMS scores and less than Satisfactory safety ratings. This prioritizes your trucks for an increased level of roadside inspections, which potentially increases the number of violations discovered and further deteriorates your ratings.
The Conditional or Unsatisfactory rating usually is the result of a compliance review conducted by a state or federal enforcement officer. The officer determines the violations and a rating is assigned based on the following categories:
1. Adequacy of safety management controls.
2. Frequency and severity of regulatory violations.
3. Frequency and severity of driver/vehicle regulatory violations.
4. Number and frequency of out–of–service driver/vehicle violations.
5. Increase or decrease in similar types of regulatory violations.
6. Frequency of accidents; hazardous materials incidents; accident rate per million miles; indicators of preventable accidents; and whether such accidents, hazardous materials incidents, and preventable accident indicators have increased or declined over time.
7. Number and severity of violations of CMV and motor carrier safety rules, regulations, standards, and orders.
How do I develop a path to improvement?
Once that task is complete, you need to convince FMCSA that you now deserve a rating upgrade to Satisfactory. A motor carrier must base their request on evidence that they have taken the corrective action identified in their safety management controls, as well as developed and implemented a sustainable plan to bring the company into compliance.
FMCSA is overbooked with other rating upgrades and compliance reviews. Therefore, getting the rating upgrade approved takes time. You do not want the FMCSA to delay your rating upgrade because your request was not complete. NTCI has the experience and expertise to develop a comprehensive safety management plan. Do not run the risk of your plan being denied or delayed. Contact NTCI to develop your safety management plan and rating upgrade request.
Why is it important to forge a strong partnership with NTCI?
An examination of business practices has also led many national companies to outsource key safety and compliance functions to NTCI. Some of the benefits are:
· More efficient handling of your safety and compliance program
· Support from qualified people in all phases of safety, compliance, and regulations
· Reduced personnel costs
· Allow you more time to focus on your core business
· When you partner with NTCI, we are not just your consultant, but also your partner in safety and compliance, providing you with a customized safety and compliance program that reduces your safety and regulatory exposure.