While every effort has been made to ensure that Secure .gov websites use HTTPS switch to eCFR drafting site. Language was added to require information regarding whether the applicant was subject to the FMCSRs while employed by each previous employer, and whether the job was designated as a safety sensitive function in any DOT regulated mode subject to alcohol and controlled substances testing requirements. ATA recommended that motor carriers that wish to verify employment status beyond the required 3 years should be allowed to do so, but given the dearth of information available and the inefficiency of gathering it, this should not be required (see page 12 of ATA's December 1, 2017, comment, which is available in the docket for this ANPRM). Use the PDF linked in the document sidebar for the official electronic format. FHWA stated, however, that completing and furnishing an employment application were not driver qualification standards, but rather actions that enable motor carriers to evaluate the competence of applicants for CMV driver positions. Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information: (1) The name and address of the employing motor carrier; (2) The applicant's name, address, date of birth, and social security number; (3) The addresses at which the applicant has resided during the 3 years preceding the date on which the application is submitted; (4) The date on which the application is submitted; (5) The issuing driver's licensing authority, number, and expiration date of each unexpired commercial motor vehicle operator's license or permit that has been issued to the applicant; (6) The nature and extent of the applicant's experience in the operation of motor vehicles, including the type of equipment (such as buses, trucks, truck tractors, semitrailers, full trailers, and pole trailers) which he/she has operated; (7) A list of all motor vehicle accidents in which the applicant was involved during the 3 years preceding the date the application is submitted, specifying the date and nature of each accident and any fatalities or personal injuries it caused; (8) A list of all violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the 3 years preceding the date the application is submitted; (9) A statement setting forth in detail the facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle that has been issued to the applicant, or a statement that no such denial, revocation, or suspension has occurred; (i) A list of the names and addresses of the applicant's employers during the 3 years preceding the date the application is submitted. . Comment also is sought on ways the requirement for an employment application could be changed to reduce the associated paperwork burdens for drivers and motor carriers, including but not limited to the complete elimination of the requirement. regulatory information on FederalRegister.gov with the objective of 2263; and 49 CFR 1.87. The statutory requirement to provide 10 years of employment history is implemented through 383.35 and, as a result, 391.21(b)(11) may not be necessary to comply with the statutory mandate. The Motor Carrier Safety Planner - Transportation Finally, the Administrator of FMCSA is delegated authority under 49 CFR 1.87 to carry out the functions vested in the Secretary by 49 U.S.C. Share sensitive information only on official, secure websites. Section 114 requires a motor carrier, at minimum, to investigate a driver's accident record and alcohol and controlled substances history from all employers the driver worked for within the previous 3 years. Speak and read English satisfactorily to: Make legible entries on reports and records. L. 103311, 108 Stat. Additionally, FMCSA seeks comment Start Printed Page 8500on available alternatives to an employment application that could provide a driver's employment history operating a CMV requiring a CDL in the past 10 years consistent with the prevailing statutory mandate. Advance notice of proposed rulemaking (ANPRM). Comments on this ANPRM must be received on or before May 7, 2019. The Motor Carrier Safety Improvement Act of 1999 created the Federal Motor Carrier Safety Administration (FMCSA) as a separate administration within the U.S. Department of Transportation on January 1, 2000. It is not an official legal edition of the Federal Please enable JavaScript in your web browser; otherwise some parts of this site might not work properly. FMCSA-E-06-006 June 2013. Section 204(a) of the 1935 Act (Pub. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. www.fmcsa.dot.gov. The proposal to remove an employment application as a driver qualification standard in 391.11(b) was not intended to affect the responsibility of CMV drivers to complete and furnish the motor carriers that employ them with employment applications containing certain information as required by 391.21 (see 62 FR 3858). On October 2, 2017, DOT published a Notification of Regulatory Review and stated that it was reviewing its existing regulations and other agency actions to evaluate their continued necessity, determine whether they are crafted effectively to solve current problems, and evaluate whether they potentially burden the development or use of domestically produced energy resources (82 FR 45750). These include epilepsy and anti-seizure medication, heart disease, diabetes and high blood pressure. Learn more about the eCFR, its status, and the editorial process. When considering salary ranges, please make sure to check the Locality adjustment on the OPM.gov : Policy, Data, Oversight : Pay & Leave site. Additionally, the employer must notify the driver in writing of certain due process rights regarding the information received as the result of the inquiries to the prior employers. The primary mission of FMCSA is to reduce crashes, injuries, and fatalities involving large trucks and buses. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 4. Drivers must be physically and mentally capable of handling themselves in the road to protect themselves, passengers and other drivers.When you apply for jobs, they may ask you to take another medical exam. The contents may not be relied upon as a substitute for the Agencys, United States Department of Transportation, The Federal Motor Coach Safety Administration. Meet with FMCSA at a Career Fair near you. An official website of the United States government Here's how you know. The 1984 Act provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. An official website of the United States government Here's how you know. DOT solicits comments from the public to better inform its rulemaking process. is available with paragraph structure matching the official CFR daily Federal Register on FederalRegister.gov will remain an unofficial That section requires a prospective driver to provide, and the employer to request, at the time of application for employment the same information requested in 391.21(b)(11) regarding a driver's experience operating a CMV that requires a CDL during the prior 10 years. or existing codification. If you have questions or comments regarding a published document please FMCSA is considering changes to the requirement to have prospective drivers complete an employment application. Is the assumption used in the 2016 Supporting Statement that a job opening will result in a motor carrier receiving five employment applications on average reasonable? (A) Applicant was subject to the FMCSRs while employed by that previous employer. If you need additional information, you can contact us. Washington, DC 20590 This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated. For more information, go toAbout Ussection on the FMCSA Web site. Job boards, like Indeed, often feature opportunities for a number of carriers, including small companies and nationally recognized companies.Before you sign on to a trucking company, make sure you thoroughly research them online. The Agency already concluded in 1998 that the act of completing and providing an application for employment is merely the presentation of a recordkeeping document and does not determine whether a driver is qualified to operate a CMV. Relevant information about this document from Regulations.gov provides additional context. If you want to make a difference and save lives, we want you to join us. You may submit comments bearing the Federal Docket Management System Docket ID (FMCSA-2018-0247) using any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov. DOT drug tests look for marijuana, opioids, phencyclidine (PCP), amphetamines and methamphetamines.If you are on any prescription medications that may cause your drug test to return positive, make sure you inform the trucking company ahead of time and bring proof of a medical prescription from a licensed doctor.Some health conditions and medications will disqualify you from being a truck driver. Paragraph (b)(10) required that a prospective driver must include on the employment application a list of the names and addresses of the applicant's employers during the 3 years preceding the date the application was submitted, the dates employed, and the reason for leaving each employer. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. PDF Driver Qualification Checklist - Transportation United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Apply for a New USDOT Number and/or Authority, Pocket Guide to Large Truck and Bus Statistics. If FMCSA's estimate of the burden hours associated with the requirement to have prospective drivers complete an employment application is correct, the possible proposal to change or eliminate the requirement could lead to the promulgation of a major rule. The PRA requires Federal agencies to minimize the burden on the public resulting from their information collections, and to maximize the practical utility of the information collected. Federal Motor Carrier Safety Administration. ATA believed the deletion of the driver qualification standard would prevent motor carriers from gathering information to determine applicants' qualifications in accordance with 391.21 (63 FR 33260, June 18, 1998). DOT Number (390.200T, 390.19T, 385.301T, 392.9a), Updating Registration Information Biennially, New Entrant Safety Assurance Program (385.307), Monitoring After the New Entrant Period (385.333), Compliance, Safety, Accountability (CSA) Program, Identifying Carriers that Pose a Safety Hazard, Addressing Carriers that Pose a Safety Hazard, Correcting a Motor Carriers Safety Data (DataQs), Safety Fitness Standard for Motor Carriers (385.5), Factors that Affect the Safety Rating (385.7), How a Carrier is Notified of Its Safety Rating (385.11), Conditional and Unsatisfactory Safety Ratings, Requesting a Review or Change of Safety Rating, Relief from Regulations in Emergencies (390.23), Carriers Responsibility for Drivers (390.11), Biennial Update (Motor Carrier Identification Report) (390.19T), Marking of CMVs and Intermodal Equipment (390.21T), Location of Records or Documents (390.29), Insurance: Minimum Levels of Financial Responsibility (Part 387), Financial Reporting Requirements (Part 369), Accident Recordkeeping (Accident Register) (390.15), How Crashes Affect Carrier Safety Interventions by FMCSA, Crash Preventability Demonstration Program, Crash Preventability Determination Program (CPDP), Parts and Accessories Needed for Safe Operation (393), Lighting Devices and Reflectors (393 Subpart B), Inspection, Repair, and Maintenance (Part 396), CDL Driver Training and Standards (Parts 380 and 383), Hazardous Materials Endorsement (383.141), Drug and Alcohol Testing: Implied Consent (383.72), Notifying Employer of Convictions (383.31), Special Training for LCV and Entry-Level Drivers (Part 380), Requirements While Driving CMVs (Part 392), Equipment, Inspection, and Use (392.7392.9), Electronic Devices/Mobile Phones (392.80392.82), Drivers Record of Duty Status (RODS) (395.8), Controlled Substances and Alcohol Use and Testing (Part 382), Collecting Driver Drug and Alcohol Records, Testing Types and Requirements (49 CFR 382, Subpart C), Carrier Reporting Responsibilities When a Driver Tests Positive, Return-to-Duty Process and Testing (Under Direct Observation), Follow-Up Testing (Under Direct Observation), Drug and Alcohol Convictions While Operating a Non-commercial Vehicle, Private Motor Carrier of Passengers (PMCP), Common Questions About PMCPs (Non-business), Applicability of Regulations to School Bus Transportation, Minimum Insurance Levels on Passenger Carrier Operations, Americans with Disabilities Act Requirements for Over-the-Road Bus Companies (OTRB), Applying for a Certificate of Registration, Long-Haul CarriersObtaining Operating Authority, The Pre-Authorization Safety Audit (PASA) Process, Operating with Standard Operating Authority. On April 16, 2018, FMCSA issued a final rule amending its regulations to allow the use of electronic records and signatures to satisfy FMCSA's regulatory requirements (73 FR 16210). Schedule a demo today to see how Truckbase can help you run your back office, so that you can expand your company. Under section 5202 of the Fixing America's Surface Transportation (FAST) Act (Pub. 2, Pub. If you submit a comment, please include the docket number for this ANPRM (FMCSA-2018-0247), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. Federal Motor Carrier Safety Administration, $136,908.00 ( a) Each motor carrier shall maintain a driver qualification file for each driver it employs. FMCSA requires, however, that the application contain the following information: 1. 8. Federal Register provide legal notice to the public and judicial notice that agencies use to create their documents. Federal Register :: Qualification of Drivers; Employment Application L. 103-311, 108 Stat. The possible proposal to amend FMCSA's regulations to change or eliminate 49 CFR 391.21, which includes the requirement to have prospective drivers complete an employment application, is based on the authority of the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Act of 1984 (1984 Act), both as amended. CFR 391.15. They take around 4 weeks to complete.The FMCSA requires all new truck drivers to complete entry-level driver training at a reputable institution. Department of Transportation Washington, District of Columbia 06/20/2023 to 07/05/2023 $112,015.00 - $145,617.00 Permanent | Full Time GS 13 Information Technology Management Supervisory Program Manager (Division Administrator/Field Administrator) - DIRECT HIRE (Open to both U.S. Citizens and Federal Employees) Read answers to frequently asked questions. Any commentary FMCSA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. If you have questions for the Agency that issued the current document please contact the agency directly. This content is from the eCFR and may include recent changes applied to the CFR. [FR Doc. What is the Federal Motor Carrier Safety Administration? These markup elements allow the user to see how the document follows the There are many options available, but make sure that the school you choose meets the FMCSA requirements. Be physically qualified to perform all duties of a driver. informational resource until the Administrative Committee of the Federal Although the Agency is seeking comment on whether to revise or eliminate 391.21 and its requirement for an employment application with specific information, FMCSA emphasizes that it is not seeking comment on whether to eliminate the underlying notification and investigation requirements associated with the employment process that are required by parts 383 and 391. Knowing there are notification and investigation requirements that would not be removed by changing or eliminating the requirement for an employment application, for example, 383.35, 391.23, and 391.53, how would an employer and driver demonstrate compliance with each requirement in the absence of an employment application for both CDL and non-CDL CMV drivers? 4. Document page views are updated periodically throughout the day and are cumulative counts for this document. If you have questions on viewing or submitting material to the docket, contact Docket Services at (202) 366-9826. The Clearinghouse contains information about holders of commercial drivers licenses (CDLs) and commercial learners permits (CLPs) who are covered by FMCSAs Drug and Alcohol Testing Program. As a An official website of the United States government. FMCSA is headquartered in . The Agency intends to use the methodology described in the 2016 Supporting Statement to estimate the burden hours drivers and motor carriers would no longer incur if 391.21 is changed or eliminated; however, more current data would be used in the estimate. Is the requirement in 391.21(b)(11) that drivers provide their employment history operating a CMV that requires a CDL during the prior 10 years when applying to operate such a CMV necessary, obtainable, or burdensome? CMV owner-operators must comply with both rules that apply to motor carriers and rules that apply to drivers. PSP Monitoring is an optional new service that automatically informs drivers when their PSP data changes. Watch this brief video to learn more about how different users will record or access information in the Clearinghouse. Motor carriers are required to maintain a qualification file for each of their drivers. 202-366-4000, Information Collection #: OMB Control No. Transporting 70% of the entire countrys goods means truck drivers are some of the most valuable and important workers in America.If you want to become a part of this $700-billion-dollar industry, this guide is for you. L. 74-255, 49 Stat. Please do not select parts of existing links, highlights or bookmarks. United States. 49 U.S.C. The Agency seeks comments and data from the public in response to this ANPRM. Because FMCSA requires that certain information be provided as part of the employment application, the requirement that a prospective driver complete and provide an employment application to a motor carrier constitutes an information collection subject to the Paperwork Reduction Act of 1995 (PRA). Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information: ( 1) The name and address of the employing motor carrier; ( 2) The applicant's name, address, date of birth, and social security number; ( 3) The addresses at which the applicant has resided during the 3 years . This content is from the eCFR and is authoritative but unofficial. The remaining statutory factors and requirements in section 31136(a), to the extent they are relevant, are also satisfied here. Have only one valid commercial motor vehicle operators license issued by one State or jurisdiction. 32934, Pub. Accordingly, the Agency is publishing this ANPRM in accordance with the FAST Act. will bring you to those results. Each document posted on the site includes a link to the Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. developer tools pages. better and aid in comparing the online edition to the print edition. This feature is not available for this document. Navigate by entering citations or phrases Federal government websites often end in .gov or .mil. The term major rule does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act. Regulation Y July 2017 Clear and trustworthy driver settlements for the modern carrier. The requirement that a driver complete an employment application and provide the information specified by FMCSA may limit flexibility for prospective drivers and motor carriers and be overly prescriptive. Secure .gov websites use HTTPS (b) The application for employment shall be made on a form furnished by the motor carrier. This brochure is only intended to provide general . 18 million employment applications per year submitted to motor carriers, which is the product of an estimated 3.6 million job openings per year and 5 applications received by motor carriers for each job opening; 3. 1200 NEW JERSEY AVENUE, SE 31136(a)(1)). If so, what is the information and what are the sources? Federal Motor Carrier Safety Administration (FMCSA), DOT. What are Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs) and Where are They Published? L. 112141, 126 Stat. Everyone should be on the same page, and as a driver, you should always feel like you get the respect your time and skills deserve.When you're ready to take the next step in your career to become an owner-operator, Truckbase can assist you in handling your paperwork, enabling you to spend more time on the things that matter, being on the road and more time at home.Schedule a demotoday and find out why so many truckers are moving to Truckbase! Before an agency undertakes a collection of information, OMB must review and approve the burden imposed on the public by such an information collection. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov,, as described in the system of records notice (DOT/ALL 14FDMS), which can be reviewed at https://www.transportation.gov/privacy/. Language was added to require the prospective employer to notify the driver in writing of his or her due process rights as specified in 391.23(i) regarding information received as a result of the investigations. - $183,500.00, $64,957.00 The addresses at which the applicant has resided during the 3 years preceding the date on which the application is submitted; 4. 11. The Agency also assumed that some of the regulatory requirements in 391.21 would be employed by any hiring entity, including hiring motor carriers, even if the FMCSRs did not exist. FMCSA requests that commenters address their comments specifically to the questions below, and that commenters number their comments to correspond to each question. Do they result in a reasonable estimate of the 63 percent turnover rate? PART 387 - FINANCIAL RESPONSIBILITY . If you want to become a truck driver, youre in for a treat. ET, Monday through Friday, except Federal holidays. Drivers who subscribe for the free monitoring service will receive an email each time their PSP record changes. To drive a CMV in interstate commerce, drivers must comply with the general qualifications outlined in 49 CFR 391.11, including: A disqualified driver must not drive a commercial motor vehicle for any reason. CMV owneroperators must comply with both rules that apply to motor carriers and rules that apply to drivers. The official, published CFR, is updated annually and available below under A driver's qualification file may be combined with his/her personnel file. Email 6.1 Hiring Qualified Drivers (Part 391) Motor carriers must ensure and verify that their CMV drivers meet the minimum requirements specified in 49 CFR 391 before operating a vehicle. edition of the Federal Register. This web site is designed for the current versions of 35 FR 6460, Apr. The Agency considered such elements of the application process, whether required of applicants or hiring motor carriers, to be exempt from PRA estimates under the usual and customary practices exception (5 CFR 1320.3(b)(2)). Read the second Clearinghouse final rule. The nature of the crime and time that has passed since your offense will also impact the final decision.In addition to your criminal history, trucking companies also look at your employment and driving history. 2126-0057. (c) A motor carrier may require an applicant to provide information in addition to the information required by paragraph (b) of this section on the application form. OMB oversees agency information collection activities under the PRA. The applicant's name, address, date of birth, and social security number; 3. Getting Your Commercial Drivers License (CDL), Proof of address for tax and mailing purposes. The Motor Carrier Safety Improvement Act of 1999 created the Federal Motor Carrier Safety Administration (FMCSA) as a separate administration within the U.S. Department of Transportation on January 1, 2000. Pressing enter in the search box L. 11494, 129 Stat. has no substantive legal effect. Longer Combination Vehicle (LCV) Driver Training Certificate, Safety Performance History - Records Request, Longer Combination Vehicle (LCV) Certificate Of Grandfathering, Safety Performance History - Correction of Errors Request, Safety Performance History - Driver/Applicant Rebuttal, Driver's Road Test Certificate or Equivalent, Inquiry to State Agencies: Request for Driver's Motor Vehicle Record, Pre-Employment Drug and Alcohol Questionnaire, Hour of Service Record for First Time or Intermittent Drivers, Skills Performance Evaluation Certificate Program. | Full Time, $155,700.00 In its comments to the 1997 proposal, the American Trucking Associations, Inc. (ATA) opposed removing the requirement in 391.11(b) that a CMV driver furnish the employing motor carrier with an employment application. 1312, 1534, Dec. 4, 2015), FMCSA is required to publish an ANPRM or conduct a negotiated rulemaking if a proposed rule is likely to lead to the promulgation of a major rule[1]