Frequently Asked Questions
Driver Qualifications

Road Test FAQs

Post Employment FAQs


Driver Qualification Files FAQ


Road Tests FAQs


Medical Qualifications FAQs


Driver’s Licenses FAQs

  • 1. What do I have to do when I review my prospective employee’s driving record?
    The motor carrier must consider as much information about the driver’s experience as is reasonably available. This would include all known violations, whether or not they are part of an official record maintained by a state, as well as any other information that would indicate the driver has shown a lack of due regard for the safety of the public. Violations of traffic and criminal laws, as well as the driver’s involvement in motor vehicle accidents, are such indications and must be considered. A violation of size and weight laws should also be considered.

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  • 2. Do we still have to complete a Prior Employer Verification form if the driver had his or her own business prior to this current position?
    Yes, with one exception. The only drivers who are “grandfathered” (exempt from some of the regulations per 49 CFR 391.61) are those who since January 1, 1971 have been continuously employed by a single motor carrier. These drivers do not need an application for employment, prior employer verification or road test. You must verify prior employers of all drivers who have not continuously worked for a single employer from January 1, 1971.

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  • 3. My new employee says that his prior employer is out of business. How do I conduct the prior employer verification?
    The DOT requires that you make a good faith effort to complete the verification process for all regulated prior employers. The best way to do this is to send the request for information by certified mail. If the company responds, great. If the mail is undeliverable, keep the returned letter as proof of an attempt to verify an individual’s employment history. Keep in mind that at least two different attempts to contact each previous employer must be made. Telephone, fax, email and letter are all acceptable methods for contacting previous employers.

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  • 4. When do I check the Motor Vehicle Record (MVR) for a new hire? How many years back must I check?
    An MVR must be placed in an employee’s driver qualification file (DQF) within 30 days of the date the driver’s employment begins. The pre-employment inquiry must go back three years and must include every state in which the employee had a motor vehicle operator’s license or permit.

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  • 5. I terminated a driver. How many years must I keep his Safety Performance History (SPH) file?
    You must retain the driver’s Safety Performance History (SPH) information for three years after the driver leaves your employ.

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  • 6. How long do I need to keep Driver Qualification Files?
    Per 49 CFR Part 391.51, you must keep the Driver Qualification Files for three years after a driver leaves your employ.

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  • 7. I received a drug and alcohol inquiry for a prior employee. This request does not have my company name on it — it just says ‘To Whom it May Concern.’ Should I provide the info?
    No. An employer is prohibited from using a “blanket” request form. An employer requesting info of a prior employer MUST include the prior employer’s name on the request.

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  • 8. What is the fine or penalty for employers who refuse or fail to provide 49 CFR Part 382 testing information to a subsequent employer?
    Title 49 U.S.C. 521(b)(2)(A) provides for civil penalties not to exceed $500 for each instance of refusing or failing to provide the information required by 382.405. Criminal penalties may also be imposed under 49 U.S.C. 521(b)(6).

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  • 9. I own the company. Why do I have to maintain all this paperwork?
    Owner-operators are responsible for employer as well as employee responsibilities since they are both the driver and the motor carrier. There are requirements that the “driver” needs to meet (e.g., have a current medical card, driver’s license, etc.), and other requirements that the employer must meet (e.g., document maintenance and random testing program participation, etc.).

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  • 10. If a motor carrier maintains complete Driver Qualification Files, but cannot produce them at the time of the review or within two business days, is it in violation of 391.51?
    Yes. Driver Qualification Files must be produced on demand. Producing Driver Qualification Files after the completion of the review does not negate a recordkeeping violation.

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  • 11. My drivers don’t have CDLs. Why do they need driver files?
    Driver Qualification Files relate to the class of vehicle, not the type of license. Per 49 CFR Part 391, Driver Qualification Files must be maintained for anyone who operates a Commercial Motor Vehicle (CMV). In 49 CFR Part 390.5, a CMV is defined as a vehicle involved in interstate commerce with a gross vehicle weight rating or gross combination weight rating, of 10,001 pounds or more, or that is designed to transport more than 8 people for hire or more than 15 people not for hire, or that transports hazardous materials in a quantity that requires placards.

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  • 12. Can I keep a driver’s drug and alcohol information in his Driver Qualification File?
    Drug and alcohol information should be kept in a separate confidential file with limited access.

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  • 13. My state auditor says I am missing certain documents in my Driver Qualification Files (DQF). I thought your paperwork was all I needed to be compliant. How can this be happening?
    CFDS’s forms and programs are based on Federal DOT requirements. As such, we have provided you with all of the DQF forms needed for compliance with Federal requirements. Your state may have additional requirements that go above and beyond the Federal requirements.

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  • 14. Who must complete the road test?
    Anyone driving a double/triple trailer or tanker vehicle needs to complete a road test and receive a Certificate of Road Test upon successful completion. If the individual will operate a vehicle that is not a double/triple trailer or tanker, the driver’s state-issued CDL will allow him or her to operate the specific category of Commercial Motor Vehicles designated on his or her license. In such an instance, the employer may accept a copy of the driver’s license in lieu of conducting a road test.

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  • 15. Where can my driver have his physical completed?
    Although we do not track the additional services our medical facilities offer, we can provide you with the names of some facilities that you can check with.

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  • 16. Can my primary care physician complete my DOT-required physical exam?
    Yes. As long as your primary care physician (PCP) is certified and/or registered in accordance with applicable state laws and regulations, he or she can perform a DOT physical exam. If your PCP cannot perform DOT physicals, we may be able to help you find a collection site in your area that performs the required exams.

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  • 17. How long will my card be valid?
    The regulations state that a physical examination card cannot exceed two years from the date of the exam. The medical examiner may shorten the time between exams if he or she feels the driver needs to be monitored for a health issue. Generally, medical cards may be valid for any of the following time periods: three months, six months, one year or two years.

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  • 18. My driver has been in and out of work due to illness that resulted in surgery. He is now able to return to work, his medical certificate was issued prior to his illness and is still current. Do the regulations require him to undergo a new physical examination? Can I require him to undergo a new exam?
    The FMCSRs do not require an examination in this case unless the injury or illness has impaired the driver’s ability to perform his or her normal duties. However, the motor carrier may require a driver returning from ANY illness or injury to take a physical examination. In all situations, the motor carrier has the obligation to determine if an injury or illness renders a driver medically unqualified.

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  • 19. Which CMV drivers are excluded from CDL requirements?
    49 CFR Part 383.3 makes exceptions for individuals who operate CMVs for military purposes. A state, at its discretion, may exempt farm vehicle operators, firefighters and other emergency vehicles, as well as drivers removing snow and ice.

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  • 20. Are the FMCSRs applicable to drivers employed by and vehicles operated by municipalities?
    49 CFR Part 390.3(f)(2) exempts transportation performed by a state or a political subdivision including any agency of state or locality from the FMCSRs. However, this exemption does not apply to the CDL requirements in Part 383 nor the drug and alcohol testing requirements in Part 382. Government employers and drivers are exempt from compliance with Parts 325, 385, 387, and 390 through 399.

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  • 21. Do tow-truck operators who hold a commercial driver’s license (CDL) require endorsements to tow ‘endorsable’ vehicles?
    For CDL endorsement purposes, the nature of the tow-truck operations determines the need for endorsements. Here is how to determine whether or not an endorsement is needed:
    ■ If the driver’s towing operations are restricted to emergency “first moves” from the site of a breakdown or accident to the nearest appropriate repair facility, then no CDL endorsement of any kind is required.
    ■ If the driver’s towing operations include any “subsequent moves” from one repair or disposal facility to another, then endorsements requisite to the vehicles being towed are required.
    Exception: Tow-truck operators need not obtain a passenger endorsement.

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  • 22. Does the age requirement in 49 CFR Part 391.11 apply to CMV drivers involved entirely in intrastate commerce?
    No. Neither the CDL requirements in 49 CFR Part 383 nor the regulations outlined in 49 CFR Parts 390-399 require drivers engaged purely in intrastate commerce to be 21 years old. States may set lower age thresholds for intrastate drivers.

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  • 23. My driver had his personal vehicle license suspended, but his CDL Class A is still valid. Can he still drive for me?
    Yes. However, the driver is prohibited from operating a vehicle between 10,001 and 26,000 pounds. During the suspension, the driver may not operate a “smaller” CMV (or box truck). The driver’s Class A CDL only allows him or her to operate a vehicle that is 26,001 pounds and over with a trailer in excess of 10,001 pounds.

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  • 24. My driver came in this morning and told me that he was stopped over the weekend and received a DUI. What do I do now?
    First, was he in his personal vehicle or a Commercial Motor Vehicle (CMV)? If he was in his personal vehicle, did the authorities physically take his license from him? If not, he can still drive for you. You want to speak with him and advise him that once he goes to court, he MUST tell you the outcome. They may suspend his license — it is ultimately up to the court to decide because it was in his personal vehicle. If he was in a CMV, then he has violated 49 CFR Part 391.15(c) (2) (i). Once the driver is “convicted” for this disqualifying offence, he will automatically be disqualified from driving for the period specified in the regulations.

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Drugs & Alcohol

Drug & Alcohol Prohibitions FAQ

Drug and Alcohol Testing Programs FAQ

Drug and Alcohol Testing FAQ

Drug and Alcohol Test Results FAQ

Small Companies and Owner-Operators FAQ

Drug and Alcohol Testing Forms FAQ

Pre-Employment Testing FAQ

Reasonable-Suspicion Testing FAQ

Post-Accident Testing FAQ

Random Testing FAQ

Follow-Up Testing FAQ

FTA Testing FAQ

Non-DOT Testing and DOT-Regulated Employees FAQ

Substance Abuse Professionals FAQ

Medical Review Officers FAQ

Shy Bladder Situations FAQ

TRAINING FAQ
  • 1. What are the Drug and Alcohol Prohibitions for drivers under FMCSA rules?
    ■ 382.201 — Alcohol concentration of 0.04 or greater.
    ■ 382.205 — On-duty use of alcohol.
    ■ 382.207 — Pre-duty use of alcohol (within four hours).
    ■ 382.209 — Use following an accident.
    ■ 382.211 — Refusal to submit.
    ■ 382.213 — Drug use at any time (without valid prescription).
    ■ 382.215 — Positive or adulterated controlled substances test result.


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  • 2. Is it O.K. for me to drink alcohol during my off hours even if I am subject to Random alcohol testing?
    Yes. Alcohol is a legal substance and employees who choose to consume alcohol during their personal time are free to do so. To comply with the regulations, safety-sensitive employees must not consume alcohol for 4 hours before reporting for duty, and cannot have an alcohol concentration of 0.02 or greater at any time they are available to work.

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  • 3. An individual, who has been consuming alcohol while on call, is called into work. Would the driver be guilty of a prohibited conduct event if his or her alcohol concentration is greater than 0.04?
    No. The driver has not violated any Federal regulations by drinking while on call. (Drinking while on call may be a violation of company policy, but that is another issue.) Upon reporting for duty, the driver should tell his employer that he has consumed alcohol within the last four hours and therefore is not permitted to drive. If the driver shows up for work, doesn’t disclose that he or she has been drinking and then begins safety-sensitive functions, he or she would be in violation of the prohibitions for drinking within four hours of reporting for duty.

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  • 4. Is possession of drugs prohibited under 49 CFR Part 382 with 49 CFR Part 40 consequences?
    No. Possession of drugs is prohibited under 49 CFR Part 391, not 49 CFR Part 382. Safety-sensitive employees regulated by the Federal Motor Carrier Safety Administration (FMCSA) who violate this rule are subject to disqualification, but are not required to complete the 49 CFR Part 40 Return-to-Duty process.

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  • 5. What regulation requires a detailed drug and alcohol testing policy for truck drivers?
    The Federal Motor Carrier Safety Regulation that requires a detailed drug and alcohol testing policy is 49 CFR Part 382.601.

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  • 6. What must be included in my drug and alcohol testing policy?
    ■ 49 CFR Part 382.601 details what must be included in a drug and alcohol testing policy for safety-sensitive employees regulated by the FMCSA. The materials made available to employees shall include a detailed discussion of prohibited driver conduct, circumstances and procedures for testing, an explanation of what constitutes a refusal to submit, consequences for policy violation and more.

    ■ An effective drug and alcohol testing policy covers all the required material and is written in plain English so that employees can understand their rights and responsibilities.

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  • 7. In my policy, can I state that I will terminate an employee after the first positive drug test result yet after the second positive alcohol test result?
    Yes. The DOT regulations do not address employee terminations for prohibited drug- and alcohol-related conduct. The employer can establish a policy to terminate after the first prohibitive conduct event, second event or not at all. The regulations only require that employers continue to meet the regulatory requirements after a violation by removing the individual from safety-sensitive functions and making sure the employee completes the Substance Abuse Professional (SAP) evaluation and recommended treatment, receives a negative Return-to-Duty test result and complies with the SAP’s Follow-Up testing program.

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  • 8. What are the six DOT testing situations?
    ■ Pre-Employment.
    ■ Random.
    ■ Post-Accident.
    ■ Reasonable-Suspicion.
    ■ Return-to-Duty.
    ■ Follow-Up.


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  • 9. What drugs are tested in the DOT Drug and Alcohol Testing Program? Part 40 DOT 5-Panel Notice
    The DOT testing at HHS-certified laboratories will continue to be a 5-panel drug test regimen, on and after October 1, 2010. The 5-panel regimen will remain:
    ■ Marijuana (THC).
    ■ Cocaine.
    ■ Amphetamines.
    ■ Opiates.
    ■ Phencyclidine (PCP).

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  • 10. Where are DOT-regulated employees tested for substance abuse?
    A collection site is the simple answer. As long as it meets the applicable Department of Transportation (DOT) requirements, a collection site may be in a medical facility, mobile facility, a dedicated collection facility or any other location. Per DOT regulations, the facility must employ qualified collectors and provide the donor with substantial privacy while urinating. Collection sites must also have all the necessary personnel, supervision, materials, equipment and facilities to provide for the temporary storage and shipping of the specimen to the laboratory.

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  • 11. How long does it take to get a test result?
    Results are generally reported to the MRO and then the client within 24 to 72 hours after the lab received the specimen.

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  • 12. I was supposed to have a drug and alcohol testing program years ago, but I never implemented one. It’s now August 15. What do I need to do to start a program so that I can be in compliance?
    You could join a consortium pool managed by a Consortium/Third-Party Administrator, such as CFDS. This would allow you to meet your annual testing requirement before the end of the calendar year. However, you would still not be able to satisfy the part of the regulation that requires testing to be spread throughout the year.

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  • 13. Do I have to be in this program? I know other guys who own their own trucks and they say I’m crazy for being in a program. They’ve never had any trouble from the DOT.
    According to DOT regulations, you must be in a comprehensive drug and alcohol testing program including Random testing. Both you and the other companies are being closely monitored by the Federal Motor Carrier Safety Administration’s CSA2010 safety measurement system and trouble in the drug and alcohol or any other DOT compliance category could trigger a review of your company at any time. Once FMCSA discovers that your acquaintance does not have a program, the fines will add up quickly.

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  • 14. All of our supervisors have commercial driver’s licenses (CDLs) in case we need them to drive. Do they need to be in our DOT drug and alcohol testing program?
    Yes. The Federal Motor Carrier Safety Regulations (FMCSRs) state that employees who are available to drive if needed must be in a Drug and Alcohol Testing Program. The fact that they are available to perform safety-sensitive functions requires them to be in a program.

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  • 15. I have three employees who have CDLs, but they rarely drive vehicles over 26,000 pounds. Do they need to be in the Random testing program?
    Yes. The Federal Motor Carrier Safety Administration (FMCSA) requires that anyone “available to drive” a vehicle over 26,000 pounds must be in a Random testing program.

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  • 16. My employees drive trucks with gross vehicle weight (GVW) ratings of 28,000 pounds, and they also paint gas pipelines. What type of drug and alcohol testing program do they need to be in?
    Your employees must be in a program that complies with both Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) rules. The FMCSA regulations apply because your employees drive trucks with a GVW rating greater than 26,000 pounds and the PHMSA regulations apply because they work on pipelines.

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  • 17. I have a part-time driver who is in a drug and alcohol testing program with his full-time employer. Does he have to be in my program also?
    FMCSA has issued an interpretation stating that a driver must be covered in each employer’s program for which the driver drives unless the employers have an agreement to share drug and alcohol testing program information. Essentially, the other company must agree in writing to provide you with the driver’s Random testing events as well as any other pertinent drug and alcohol testing program information. We find that most employers are reluctant to enter this type of agreement and that it is often less time consuming and less costly to merely add the part-time driver to your program.

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  • 18. Do Mexican and Canadian employers need to have a Drug and Alcohol Testing Program if they have drivers who drive into the United States?
    Yes. All safety-sensitive employees who drive in the United States — including drivers from Canada and Mexico — must meet the requirements of Part 40.

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  • 19. Are 49 CFR Part 382 alcohol and drug testing requirements applicable to firefighters in a state that gives them the option of obtaining a CDL or a noncommercial Class A or B license restricted to operating fire equipment only?
    No. The applicability of Part 382 is coextensive with Part 383 — the general commercial driver’s license (CDL) requirements. Only those persons required to obtain a CDL under Federal law and who actually perform safety-sensitive duties are required to be tested for drugs and alcohol.

    The Federal Highway Administration (FHWA) has granted states the option of waiving CDL requirements for firefighters. A state that gives firefighters the option of obtaining either a CDL or a non-commercial license has exercised the option not to require CDLs. 49 CFR Part 382 is not applicable to firefighters who obtained their driver’s licenses from states that do not require a CDL for firefighters.

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  • 20. I had an employee who was out under Family Medical Leave Act (FMLA) for six months. During this time he was removed from the Random pool. Now that he is ready to return to work, should he be tested?
    Yes. The employee must take a Pre-Employment test, and you as the employer must have a negative test result on file before he can resume safety-sensitive duties. All employees regulated by the Federal Motor Carrier Safety Administration (FMCSA) must take a Pre-Employment test if they have been out of the employer’s Random testing pool for more than 30 days. Employers should not confuse this test with the Return-to-Duty test, which is administered before an employee can return to safety-sensitive duties following a violation of the DOT drug and alcohol regulations.

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  • 21. When may I, as the employer, release the driver’s test information kept under the drug and alcohol testing program if I do not have the driver’s written permission?.
    You may release drug and alcohol testing program information when it is:
    1. Required by a DOT agency.
    2. as part of a lawsuit, grievance or other proceeding initiated by the driver.

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  • 22. How does blind specimen testing work?
    An employer or Consortium/Third Party Administrator (C/TPA) with a total of 2,000 or more DOT-regulated employees must send blind specimens to the laboratories that process its drug tests. The blind specimens, which are known positives, negatives, adulterated and substituted specimens, are sent to the laboratory with fictitious identifiers so that the laboratory can not distinguish them from employee specimens. They are submitted for quality control purposes.

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  • 23. What is the only authorized confirmation method for drugs?
    GC/MS – Gas Chromtolography Mass Spectrometry.

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  • 24. Why didn’t I receive a statistical summary report from my Consortium/Third Party Administrator?
    DOT regulation [49 CFR Part 40.111] states that an employer with fewer than five test results in a six-month period will not receive a statistical report. This is to avoid the possibility that information about an employee’s test result will be inferred.

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  • 25. What do my employees need to take with them to the testing facility?
    - At a minimum, employees must bring a photo ID, such as a driver’s license, to the collection facility. However, if the employee fails to bring an acceptable photo ID to the collection site, the employee’s Designated Employer Representative (DER) can positively identify him or her over the telephone. Though not required, employers may also want to provide the necessary Custody and Control Form (CCF) for their employee drug tests.

    - What’s to keep an individual from substituting someone else’s urine for his in the drug urine collection process?

    - Keep in mind that your drug testing program is primarily one of deterrence, although, it has a significant detection result. As a part of the collection process, there are several safeguards in place to help prevent a substitution from going undetected. The urine specimen must be within a specific temperature range (90° to 100° F). If the urine collected is outside that temperature range, a directly observed collection is conducted to ensure that the urine comes directly from the donor’s body.

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  • 26. Can an individual add something to his urine specimen that will hide his drug use and produce a negative test result?
    Many people believe they can get a negative test result by adulterating their urine specimen. However, such efforts to produce a negative test result are generally revealed in validity testing conducted by laboratories. Sometimes individuals using adulterants self-identify. We have had situations where an individual says that he couldn’t have a positive test result because he used a guaranteed adulterant.

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  • 27. I just received a canceled test result. Do I have to send my driver for another test?
    If a second collection were required, it would have been indicated on the MRO verification statement. What was the reason for the canceled test? If it was a Random test, no recollection is required or allowed. However, in the case of a Pre-Employment, Return-to-Duty or Follow-Up test, the driver must submit to a recollection. For these three test types, the regulations require that an employee has a negative result before performing safety-sensitive duties.

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  • 28. Can I release an employee’s positive test information in an unemployment hearing?
    49 CFR Part 40.323 allows you, as an employer, to release information pertaining to an employee’s drug or alcohol test without the employee’s consent in certain legal proceedings. These proceedings include a lawsuit, grievance or administrative proceeding (e.g., unemployment compensation hearing) brought by, or on behalf of, an employee and resulting from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results).

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  • 29. I talked to my driver about his positive drug test result. He apologized and explained the situation. He said that he was at a party and did something foolish. He promised me that he’s fine and it won’t happen again. I really don’t think he needs treatment. Can’t I just send him in for another test?
    No. Your driver violated the DOT drug and alcohol prohibitions, and he must complete the Return-to-Duty process. DOT regulations do not differentiate between one-time and reoccurring substance abuse problems. If he wants to return to work as a driver, he must contact a Substance Abuse Professional (SAP) and complete the Return-to-Duty process — even if he will not continue in your employment. Whether or not the driver remains in your employ will be determined by your company’s drug and alcohol testing policy since terminations are not a regulatory issue.

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  • 30. I’m an owner-operator with no other drivers. Do I need a drug and alcohol testing program?
    Yes. Not only do the regulations require that you have a program, they specifically state that you must participate in a drug and alcohol testing consortium.

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  • 31. I am a small company. Why do I need a Consortium/Third Party Administrator when I can adequately manage my company’s Drug and Alcohol Testing Program?
    There are no rules or regulations stating that you cannot run your own DOT drug and alcohol testing program. However, there are so many regulatory requirements — such as a policy, a certified MRO, Reasonable-Suspicion training for supervisors, Post-Accident training, etc. — that it is often difficult for a small company to manage its own program. An effective Consortium/Third Party Administrator will also keep you informed of regulation changes and provide required reports.

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  • 32. In our company, my husband is the only one who drives. Does he really have to read the policy and sign the acknowledgement form?
    The regulations require that every driver receives a policy containing specific information. The regulations also require employers to maintain a receipt signed by the driver to verify that he has been told about the drug and alcohol program requirements. These rules apply to all employers, even owner-operators. [49 CFR Part 382.601].

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  • 33. Is there any difference in the drug and alcohol testing requirements for small companies and those for companies with large fleets?
    The drug and alcohol testing regulations address and apply to motor carriers of all sizes equally, whether there is only one driver or many drivers. [49 CFR Part 382]

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  • 34. What is a Custody and Control Form?
    A Custody and Control Form, often called a CCF, is a five-part carbon copy form used to document the information pertaining to a drug test.

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  • 35. How do I know what type of testing form I have?
    To determine whether you have a Federal, Non-Federal or Forensic form, look at the identifier on the top of the form. For example, a Federal Form — the type of form used for all DOT testing – says “Federal Drug Testing Custody and Control Form.” A Non-Federal Form simply says “Custody and Control Form” with “Do Not Use this Form for DOT Collections” underneath. The name of the laboratory (Quest Diagnostics, LabCorp, Advanced Toxicology Network (ATN), MedTox, etc.) is found in the upper right corner.

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  • 36. Please send me Custody and Control Forms (CCFs) coded for XYZ Company. Can you also print my information on it?
    We can provide CCFs that are coded for a specific company. However, we do not print medical facility or collection site information on CCFs.

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  • 37. My driver is on the road, but doesn’t have a CCF. Can you please give me the name of a collection facility in XYZ city?
    If the driver has been selected for a Random test, you may want to wait for him or her to return to your area so that he or she can get a CCF. When a driver does not bring a CCF to the collection site, the chance of a glitch in the testing process is greatly increased. However, remember that your driver must complete the Random selection within the current testing period (quarter).

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  • 38. Someone told me it’s illegal to change anything on a CCF. Is that true?
    No. In fact, 49 CFR Part 40.45 specifically permits altering a CCF. Please call us at 800-253-5506, and we will fax you step-by-step instructions for altering a Federal CCF.

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  • 39. Where can I get an Alcohol Testing Form (ATF) for employee alcohol tests?
    Collection sites keep the required Alcohol Testing Forms (ATFs) on hand, therefore, employees do not need to bring an ATF to a collection site. Employees should, however, bring Custody and Control Forms (CCFs) to collection sites for drug tests.

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  • 40. Is it O.K. for me to let my new employee perform safety-sensitive functions before I have written verification of the negative drug test result?
    Yes. According to the DOT, a verbal communication of a negative test result is an acceptable notification. Be sure to maintain a record of the date and time you were notified of the negative result.

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  • 41. I ‘hired’ this driver and sent him for his Pre-Employment drug test. The collection site called and told me he never showed up. Do I need to report to someone that he ‘refused to submit’?
    Actually, he did not violate the drug and alcohol prohibitions. Since this was a Pre-Employment test, it is not considered a refusal-to-submit since he never “began the collection process.” If he had gone to the site, started the collection process and then left, it would be considered a refusal to submit and he would now need to comply with the Return-to-Duty requirements before driving for any employer. Note: For any other type of test, not showing up is considered a refusal since the employee has been told to proceed to the site for testing.

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  • 42. Why can’t I let an employee work for awhile before doing the Pre-Employment test? The testing costs a lot of money and sometimes new employees quit after just a month.
    The DOT requires that an individual have a negative drug test result on file before beginning safety-sensitive functions. Pre-Employment testing also helps you – the employer — identify drug users before you hire them. Some employers have applicants pay for their own Pre-Employment tests (in states where it is not prohibited) and then reimburse the cost of the test after the employee has worked at the company for a period of time (e.g., six months).

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  • 43. An employee who has been off duty and not subject to Random testing for 30 days or more refuses to take a Pre-Employment test arguing that he or she is already an employee. Is a Pre-Employment test required?
    Yes. A Pre-Employment drug test is actually a pre-safety-sensitive duty test.

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  • 44. Must a supervisor complete a statement indicating why a Reasonable-Suspicion drug test was performed? What about for a Reasonable-Suspicion alcohol test?
    Supervisors must document the contemporaneous indicators that were used to determine the need for a Reasonable-Suspicion drug test. This documentation must be completed before the test result is received. However, the regulations do not require such documentation for a Reasonable-Suspicion alcohol test.

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  • 45. Is ‘possession’ of marijuana a sufficient reason to conduct a DOT Reasonable-Suspicion drug test?
    No. The employer’s determination that a reasonable suspicion exists to require testing for controlled substances must be based on specific, contemporaneous, articuable observations concerning the appearance, behavior, speech, or body odors of the driver.

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  • 46. I have an employee who is getting out of rehab. He did not go into rehab due to a positive test result (or other prohibited drug- or alcohol-related conduct). Does he need to be tested before he returns to driving? If yes, is this a Reasonable-Suspicion test?
    49 CFR Part 382.121 (4) states that an employer must conduct a Return-to-Duty test before an employee, who has admitted to alcohol and/or drug misuse, can return to a safety-sensitive function. Since it’s a Return-to-Duty test, the employee needs a verified negative result to return to work. You would not perform a Reasonable-Suspicion test on an employee getting out of rehab, because this situation does not meet the specific criteria required for a Reasonable-Suspicion test.

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  • 47. My drivers have been with me for 20 years. Why do I need supervisor training?
    The regulations require that all persons who supervise drivers receive 60 minutes of education on alcohol misuse and 60 minutes of education on substance abuse in order to be able to make Reasonable-Suspicion determinations. [382.603]

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  • 48. How much supervisor Reasonable-Suspicion training is mandated?
    The Federal Motor Carrier Safety Administration (FMCSA) requires one hour of training on controlled substances use and one hour of training on alcohol use.

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  • 49. If a driver undergoes a Reasonable-Suspicion test for drugs, when may he or she return to work?
    The FMCSRs do not specify when a driver may return to work after a Reasonable-Suspicion test for drugs. We advise our clients to drive the employee home and not to allow the employee to return to work until a negative Reasonable-Suspicion test result has been received. If the test does come back negative, reimburse the employee for back pay.

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  • 50. When a driver is visibly impaired and no alcohol test can be completed, may the driver continue to perform safety-sensitive functions?
    No. A visibly impaired individual may not perform safety-sensitive functions until a test has been conducted or 24 hours have passed.

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  • 51. When is Post-Accident testing required under FMCSA?
    ■ Any fatality (except for the driver).
    ■ Citation for moving violation and disabling damage to any involved vehicle.
    ■ Citation for moving violation and medical treatment away from the scene.


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  • 52. My driver was just in an accident. The incident didn’t meet the DOT requirements, but I want to do a drug and alcohol test as a precaution.
    We strongly advise against performing any DOT Post-Accident drug or alcohol testing unless DOT criteria are met. However, if your policy clearly states that you require Post-Accident drug and alcohol testing for any accident or incident, you would conduct the testing using a Non-Federal custody and control form and a Non-Federal alcohol testing form.

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  • 53. One of my drivers was in a minor accident. There weren’t any injuries or citations, but the truck was towed. Do I need to send him for a Post-Accident test?
    If your driver is regulated by the Federal Motor Carrier Safety Administration (FMCSA), you do not need to send him for a Post-Accident test. In situations where there is disabling damage to a motor vehicle or bodily injury with immediate medical treatment away from the scene, the driver is subject to Post-Accident testing only if he receives a citation. Post-Accident testing must always be conducted in the event of a human fatality. Employers with a general drug and alcohol policy that requires post-incident testing may conduct a non-Federal test.

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  • 54. If an employer fails to conduct a FMCSA Post-Accident test within two hours what must be done?
    When required, Post-Accident tests must be conducted as soon as practicable. If a test is not administered within two hours, the employer must prepare and maintain a file stating the reasons why a test was not promptly conducted. The employer must also continue to attempt to administer a Post-Accident alcohol test for up to eight hours and the Post-Accident controlled substances test for up to 32 hours after an incident. You must document the failure to conduct a Post-Accident test on your MIS report.

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  • 55. If a FMCSA Post-Accident alcohol test is not completed within eight hours, what must be done?
    After eight hours has passed, the employer should cease all attempts to complete the alcohol test. The employer must record the failure to test in the file that was created when the test was not completed at the two-hour mark. The failure must also be documented in the employer’s MIS report.

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  • 56. My driver just told me he was in an accident on Friday night. It’s now Monday morning. Do I need to send him for a Post-Accident test?
    No. Even if the accident meets the Federal Motor Carrier Safety Administration (FMCSA) definition of an accident requiring testing, it is too late. The FMCSRs state that drivers who have been in an accident requiring Post-Accident testing must be tested for controlled substance and alcohol use as soon as practicable following an incident. If an alcohol test is not administered within 8 hours following the accident, the employer shall cease all attempts to administer a test. Similarly, a substance abuse test must be administered within 32 hours of an accident.

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  • 57. May a blood alcohol test conducted by Federal, state, or local authorities be used by an employer for Post-Accident testing?
    Yes. If you are able to obtain a blood alcohol test result from the authorities, you may use it to satisfy your Post-Accident testing requirements. Often, it is easier for employers to administer their own tests.

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  • 58. May an employer use a blood drug test for a Post-Accident drug test result?
    FMCSA requires a urine test to detect the use of controlled substances.

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  • 59. I have 11 commercial drivers. How many Random tests must be done in a calendar year?
    If your drivers are in a separately managed pool of 11, you must do six Random drug tests and two Random alcohol tests to meet the minimum Random testing requirements of 50% for drugs and 10% for alcohol. However, if your drivers are in a consortium pool for Random selections, the group needs to meet the minimum testing requirements for drugs and alcohol. All you need to do to be in compliance with your Random requirement is to send your employees in for testing when you receive a Random selection.

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  • 60. How do I know when to send my drivers for Random testing?
    If you are a CFDS client, you will receive written notification from our Random Administrators identifying the individuals to be tested, the testing they are to complete and the testing date. Although you are not required to complete the test on the specific date, you should try to schedule the test as close to the assigned date as possible.

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  • 61. Once notified to go for a Random test, may the driver drive a CMV to the collection site?
    Yes. The only time an individual is not allowed to drive himself or herself to the collection site is for Pre-Employment or Reasonable-Suspicion testing.

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  • 62. We have a Saturday safety meeting coming up. Since the drivers come to work just for the meeting, they won’t be doing any driving. Can I do Random drug and alcohol testing that day?
    You may conduct drug testing in conjunction with your Saturday meeting since drug use is prohibited at all times. However, you may not conduct alcohol testing since Random alcohol tests must be done just before, during or after a driver has performed safety-sensitive functions (e.g., drive). Wait until a regular work day to send the employee for a Random alcohol tests.

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  • 63. One of my drivers was selected for a Random test at the end of June. I just received another selection for him for July 10th. Is that possible?
    Yes. An employee can be randomly selected multiple times during a calendar year. Employees have an equal chance of being selected in each selection period, regardless of prior selections. In this case, the driver was selected in two different selection periods.

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  • 64. One of my employees has been selected three times, but the rest of my employees have never been chosen. The employee feels like he is being unfairly targeted. What should I tell him?
    Explain to him that Random selections are derived from a computer-generated, unbiased selection process. As such, every employee in the testing pool has an equal chance of being selected during each selection period. Some employees are selected multiple times during the calendar year, while others may not be selected at all.

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  • 65. One of my employees keeps getting Random selections. Can I send another employee to be tested instead?
    No. The employee who was randomly selected must be tested, per the DOT. You cannot get an alternate selection or send another employee simply because an individual has been selected multiple times.

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  • 66. Can I tell my driver on Friday afternoon that he has to go for a Random before work on Monday?
    No. You are not to provide any advanced notification of a Random selection. The key to Random testing is that the tests are unannounced.

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  • 67. My boss was selected for Random testing. He says he doesn’t need to go because he owns the company and only drives occasionally. Can I get another Random selection?
    No. If your boss is available to drive, he must be in a Random selection program and report for testing when selected. By regulation, another selection cannot be substituted for your boss’s selection.

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  • 68. One of my drivers just had surgery and is on pain medication. He doesn’t want to take his Random test because he’s afraid that he will have a positive test result. Can we pick someone else this time?
    Is the individual driving now or is he out on worker’s comp or medical leave? If he is not presently working and available to perform safety-sensitive functions, he should not go for testing at this time. If the individual is driving, or available to drive, did the doctor who prescribed the medication know that he drives for a living? (The doctor may decide he shouldn’t drive while on the pain medication or may be able to prescribe something different that won’t affect his driving.)

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  • 69. The guy you chose only works for me on weekends a couple of times a month. Do I really need to send him for testing?.
    You do need to send him for his Random testing. Check whether your collection site offers weekend hours. If not, we will try to find a collection site in your area that has hours that will fit with your employee’s work schedule.

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  • 70. I think my driver may be using drugs. He’s a family friend so I don’t want to send him for a Reasonable-Suspicion test. Can I arrange for him to be randomly tested?
    If you have a reasonable suspicion that a DOT-regulated safety-sensitive employee is using drugs, you are required to send him for a Reasonable-Suspicion drug test. Your determination to test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The supervisor making the Reasonable-Suspicion determination must be trained in reasonable suspicion. The regulation specifies 60 minutes of alcohol and 60 minutes of controlled substances Reasonable-Suspicion training.

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  • 71. What is the minimum number of Follow-Up tests required after a successful return-to-duty test?
    The Substance Abuse Professional (SAP) may request any number of Follow-Up tests in a Follow-Up plan. However, there must be a minimum of six tests within the first 12 months of the employee’s return to safety-sensitive functions.

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  • 72. My driver, who is regulated by the Federal Transit Administration (FTA), didn’t provide a urine specimen because the collection site asked him to sign its internal authorization form. Is that a refusal to submit?
    Yes. CFDS has a written response from Jerry Powers, FTA Drug Manager, and he states that this does qualify as a refusal to submit. If the authorization merely informs the employee that USDOT drug testing is not subject to the same privacy generally experienced in the Health Insurance Portability and Accountability Act HIPAA) of 1996, the authorization would not constitute a consent, release, waiver of liability, or indemnification under 49 CFR Part 40.355.

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  • 73. I just received a verified positive non-Federal drug test result for my driver who is in the DOT testing program. What do I do now?
    Under 49 CFR Part 391.41(b)(12), the driver is to be removed from driving duties and is medically unqualified for the duration of the prohibited drug use. Before he or she can resume driving, the driver must be examined by a doctor chosen by the employer, who may determine that the driver needs to see a Substance Abuse Professional (SAP), complete a drug rehab program and/or have a negative drug test result. Once the doctor has determined that driver is drug free, the driver may return to safety-sensitive duties. Since this is a non-Federal drug test, the requirements of 49 CFR Parts 382 and 40 do not come into play.

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  • 74. Who is responsible for paying a Substance Abuse Professional (SAP) used in the return-to-duty process?
    DOT regulations do not specify who is responsible for paying for SAP services. Who pays for such services may be determined by employers and employees and may be governed by existing management-labor agreements and could be covered by health care benefits. Many employers pass the costs associated with the return-to-duty process to the employee. However, an employer may choose to cover these costs.

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  • 75. May a Substance Abuse Professional (SAP) who conducted the evaluation also perform treatment?
    As a general rule, the answer is “no.” There are, however, certain situations when it is acceptable for an SAP to evaluate and treat an individual going through the return-to-duty process.

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  • 76. Can my personal doctor operate as my Medical Review Officer (MRO)?
    It depends, but probably not. The DOT regulations require MROs to be certified. Unless your doctor is a certified MRO, he or she may not act as a Medical Review Officer.

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  • 77. How long can a donor stay at the collection site to provide a urine specimen?
    49 CFR Part 40 requires that a donor be allowed up to three hours after an initial failed attempt to produce a sufficient urine specimen. During this time, the donor may drink up to 40 ounces of fluid.

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  • 78. If an employee is not able to provide a sufficient volume of urine during the collection process, and the employee must undergo a medical examination to determine if there is a legitimate medical explanation for the “shy bladder,” can the employer make arrangements for the employee to see an employer-designated physician?
    Yes. When an employee is not able to produce a sufficient volume of urine for a drug test, the employer is required to direct the employee to obtain a medical evaluation from a licensed physician who is acceptable to the Medical Review Officer (MRO) and has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. The employer can facilitate the medical evaluation by scheduling an appointment for the employee with a MRO-approved physician.

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  • 79. Must a supervisor complete a statement indicating why a Reasonable Suspicion drug test was performed? What about for a Reasonable Suspicion alcohol test?
    Supervisors must document the contemporaneous indicators that were used to determine the need for a Reasonable-Suspicion drug test. This documentation must be completed before the test result is received. However, the regulations do not require such documentation for a Reasonable Suspicion alcohol test.

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  • 80. Is ‘possession’ of marijuana a sufficient reason to conduct a DOT Reasonable-Suspicion drug test?
    No. The employer’s determination that a reasonable suspicion exists to require testing for controlled substances must be based on specific, contemporaneous, articuable observations concerning the appearance, behavior, speech, or body odors of the driver.

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  • 81. I have an employee who is getting out of rehab. He did not go into rehab due to a positive test result (or other prohibited drug- or alcohol-related conduct). Does he need to be tested before he returns to driving? If yes, is this a Reasonable Suspicion test?
    49 CFR Part 382.121 (4) states that an employer must conduct a Return-to-Duty test before an employee, who has admitted to alcohol and/or drug misuse, can return to a safety-sensitive function. Since it’s a Return-to-Duty test, the employee needs a verified negative result to return to work. You would not perform a Reasonable Suspicion test on an employee getting out of rehab, because this situation does not meet the specific criteria required for a Reasonable Suspicion test.

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  • 82. My drivers have been with me for 20 years. Why do I need supervisor training?
    The regulations require that all persons who supervise drivers receive 60 minutes of education on alcohol misuse and 60 minutes of education on substance abuse in order to be able to make Reasonable Suspicion determinations. [382.603]

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  • 83. How much supervisor Reasonable Suspicion training is mandated?
    The Federal Motor Carrier Safety Administration (FMCSA) requires one hour of training on controlled substances use and one hour of training on alcohol use. A CFDS training program will fulfill both these requirements.

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  • 84. If a driver undergoes a Reasonable Suspicion test for drugs, when may he or she return to work?
    The FMCSRs do not specify when a driver may return to work after a Reasonable Suspicion test for drugs. We advise our clients to drive the employee home and not to allow the employee to return to work until a negative Reasonable Suspicion test result has been received. If the test does come back negative, reimburse the employee for back pay.

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  • 85. When a driver is visibly impaired and no alcohol test can be completed, may the driver continue to perform safety-sensitive functions?
    No. A visibly impaired individual may not perform safety-sensitive functions until a test has been conducted or 24 hours have passed.

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Hours of Service
  • 1. What is driving time?
    The Federal Motor Carrier Safety Administration (FMCSA) defines driving time as the time spent at the driving controls operating a commercial motor vehicle.

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  • 2. What is on-duty time?
    On-duty time encompasses all the time a driver begins to work or is required to be ready to work until the driver is relieved from work and all responsibility for performing work. It includes driving time, inspection time, loading and unloading time, etc.

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  • 3. May a driver remain on duty for more than 14 hours?
    Yes. A driver may remain on duty for more than 14 consecutive hours. However, the driver is prohibited from driving a CMV after the 14th hour. The total time accumulated will reduce available time under the 60-/70-hour rule.

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  • 4. Are there any penalties for violating the Hours-of-Service rules?
    Yes. Drivers and motor carriers who violate Hours-of-Service rules face serious penalties, up to and including out-of-service orders, fines, civil penalties and even criminal charges.

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  • 5. Does any period of 34 hours of consecutive off-duty restart the 60/70 hour on-duty period?
    Yes. Any time a driver spends 34 hours off-duty the 60/70 hour calculation will restart.

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  • 6. Are exceptions to Hours-of-Service rules made for adverse weather conditions?
    A driver may exceed the 10- or 11-hour driving limit by no more than two hours due to adverse weather conditions. However, the adverse weather exception doesn’t allow a driver to exceed the 14- or 15-hour daily limit or the 60- or 70-hour weekly limit. In order to use an adverse weather exemption, the driver must be involved in a trip that could normally have been completed without an HOS violation and that the adverse driving conditions developed after the driver began the trip.

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  • 7. Are Hours-of-Service rules waived during an emergency?
    Yes. Certain regulations, including Hours-of-Service rules, may be temporarily waived for motor carriers and drivers participating in an emergency relief effort. Emergency declarations may be issued by the President, governors of state or FMCSA.

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  • 8. Who is affected by an emergency waiver?
    Only drivers and motor carriers who are providing direct emergency relief to, from or within the areas covered by the emergency declarations are temporarily exempt from 49 CFR Part 390-399 requirements. Before providing assistance, individuals and companies should coordinate with state and Federal officials.

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  • 9. What other rules are affected during emergency waivers?
    Per 49 CFR 390.23 of the Federal Motor Carrier Safety Regulations (FMCSRs), certain safety regulations (49 CFR Parts 390-399) are temporarily lifted for those participating in relief efforts. In addition to the Part 395 Hours-of-Service rules, these regulations cover:
    ■ General Federal Motor Carrier Safety Regulations (Part 390).
    ■ Driver Qualifications (Part 391).
    ■ Driving Commercial Motor Vehicles (Part 392).
    ■ Parts and Accessories for Safe Operation (Part 393).
    ■ Inspection, Repair and Maintenance (Part 396).
    ■ Transportation of Hazardous Materials (Part 397).
    ■ Transportation of Transportation Workers (Part 398).
    ■ Employee Safety and Health Standards (Part 399).
    The Federal exemptions during a declared emergency do not apply to CDL, drug and alcohol testing, registration and tax requirements.

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  • 10. Can I use an electronic device to keep track of my Hours-of-Service?
    Yes, the regulations allow you to use an Electronic On-Board Recording Device (EOBR)

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  • 11. Do I have to use an EOBR?
    Not normally. However, recently FMCSA announced that it would be making the use of EOBRs mandatory for motor carriers who have more than a 10% error rate on their hours-of-service documentation (such as log books). The regulations governing the technical specifications go into effect on June 4, 2012.

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  • 12. Will EOBRs become mandatory for new entrants and others?
    Currently no-one else is required to have an EOBR. However, FMCSA has announced a new rulemaking session to expand the new EOBR regulations to include ALL:
    ■ New interstate entrants.
    ■ Passenger carriers.
    ■ Hazardous materials carriers.


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Audit & CR is correct
  • 1. Who is subject to a DOT Safety Audit?
    All New Entrant motor carriers are subject to DOT Safety Audits. Upon issuance of a Federal USDOT number, motor carriers are granted temporary operating authority and automatically enrolled in the DOT’s New Entrant Safety Program – which requires a Safety Audit.

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  • 2. What if I fail my Safety Audit?
    New Entrants who fail a Safety Audit cannot obtain permanent operating authority without first correcting any areas of non-compliance found during the Safety Audit.

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  • 3. When will my Safety Audit occur?
    Safety Audits usually occur within the first three to six months after a New Entrant begins operating under its USDOT number. Expect to be contacted around your third month of operation. As a best practice, you will want to ensure compliance with all applicable regulations from day one.

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  • 4. Where will my Safety Audit take place?
    Your Safety Audit will either occur at your primary business location, or at a local facility, such as a hotel or conference center, along with other New Entrants from the area.

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  • 5. Who will conduct my Safety Audit?
    To complete the volume of audits it must conduct each year, the Federal Motor Carrier Safety Administration deploys Federal and state officials as well as representatives from private compliance companies.

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  • 6. What key areas will my Safety Audit focus on?
    While other areas may be examined, your Safety Audit will focus on six key areas:
    ■ Driver Qualifications.
    ■ Driver Duty Status/Hours-of-Service.
    ■ Vehicle Maintenance.
    ■ Accident Registers and Documentation.
    ■ Controlled Substances and Alcohol Use Testing.
    ■ Hazardous Materials Requirements.

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  • 7. How will FMCSA notify me of my upcoming Safety Audit?
    You will be notified of an upcoming audit by mail. The letter will instruct you to call FMCSA and set up a day and time for your audit. Once you’ve been notified, you have 90 days to schedule your audit.

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  • 8. What if I don’t respond to the first Safety Audit notice
    If you fail to schedule your Safety Audit within 90 days of notification, you will receive a second letter. You have 10 days from the date of this letter to schedule your audit. If you do not respond in time, your operating authority will be revoked.

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  • 9. How will FMCSA notify me of my upcoming Safety Audit?
    You will be notified of an upcoming audit by mail. The letter will instruct you to call FMCSA and set up a day and time for your audit. Once you’ve been notified, you have 90 days to schedule your audit.

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  • 10. What is a compliance review?
    A compliance review is an on-site examination of motor carrier operations to determine whether a motor carrier is meeting the safety fitness standard. Compliance reviews cover the full spectrum of compliance areas, such as drivers’ hours of service, maintenance and inspection, driver qualification, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records.

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  • 11. When and why are compliance reviews conducted?
    A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by motor carriers, or to investigate complaints, or other evidence of safety violations. The compliance review may result in the initiation of an enforcement action.

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  • 12. What is the difference between a Satisfactory, Conditional and Unsatisfactory rating?
    Satisfactory safety rating means that a motor carrier has in place and functioning safety management controls that are appropriate for the size and type of operation of the particular motor carrier.

    A Conditional safety rating means a motor carrier does not have adequate safety management controls in place, and this could result in violations.

    An Unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance, and this has resulted in violations.

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  • 13. Why is my company considered an Unrated carrier?
    This simply means that FMCSA has not assigned a safety rating to your company

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  • 14. When is a motor carrier safety rating issued?
    Under most circumstances, the safety rating will be issued to the motor carrier within 30 days following the completion of a compliance review.

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  • 15. How is a carrier notified of deficiencies following a compliance review?
    As soon as practicable, but no less than 30 days after the review, the carrier will receive a written notice of the outcome. A letter will be issued from FMCSA’s headquarters office and will include a list of FMCSR and HMR compliance deficiencies which the motor carrier must correct.

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  • 16. How may a carrier improve upon on conditional or unsatisfactory rating?
    A carrier that has taken action to correct deficiencies that resulted in a poor safety rating may request a rating change at any time. The request must be made in writing to the FMCSA Service Center for the geographic area where the carrier maintains its principal place of business.

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  • 17. I’m a New Entrant. I don’t have to worry about a Compliance Review until after my 18-month Safety Monitoring Period, right?
    Wrong. Once you are on the road you may be subject to a full Compliance Review even before you receive your New Entrant Safety Audit. Compliance Reviews may be triggered by roadside inspection outcomes or by an accident involving one of your vehicles. There is no excuse for non-compliance and the consequences can be severe. FMCSA expects you to comply with all applicable safety regulations starting from your first day in business.

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  • 18. I’m not expecting an audit. Why should I enroll in your service?
    Just because you are not expecting an audit does not mean that that you won’t be hearing from the DOT. FMCSA, the DOT agency charged with ensuring motor carrier safety, conducts thousands of audits each year, and your turn may be right around the corner.

    Also, our Audit Assurance Program will help you get into compliance and maintain it on an ongoing basis. Our program will help improve your safety compliance, thus making your operation safer.

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  • 19. What type of pre-audit support do your provide for Audit Assurance Program clients?
    Once notified of an upcoming audit, we kick it into high gear to make sure our Audit Assurance Clients are fully prepared for the auditor. We conduct a compliance analysis via telephone covering all of the areas investigated by auditors. Clients will also receive documentation and technical support for any of CFDS’s products and/or services the company is enrolled in. Additionally, CFDS will provide limited support for services offered by other providers.

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  • 20. What type of in-audit support do your provide for Audit Assurance Program clients?
    The CFDS Audit Team is available five days a week from 8:30 a.m. to 5 p.m. EST for clients needing in-audit support. If necessary, a rep will speak directly to an auditor to provide information about products and services provided by CFDS. The team can also prepare custom documentation to satisfy an auditor’s request.

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  • 21. What type of post-audit support do your provide for Audit Assurance Program clients?
    Our post-audit support will help clients through any issues related to non-compliance. This includes, if necessary, a letter explaining audit results along with any required or recommended compliance action. We may also assist with the preparation of corrective action letters, extension and administrative review requests, and other post-audit correspondence. In the event of a shut down, we will work closely with the motor carrier to get the company back up and running.

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  • 22. Can you really guarantee that I will pass my audit?
    CFDS will do everything we can to help you achieve a successful audit outcome. However, please be advised that getting into and maintaining compliance with the DOT regulations requires you to complete ongoing activities in a timely manner.

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  • 23. How do I enroll in your Audit Assurance Program?
    Call CFDS OFFICE for more information or to enroll in our Audit Program.

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Start Up Information is correct
  • 1. Who needs a U.S. DOT Number?
    You’ll need a US DOT Number if your company operates commercial motor vehicles that transport passengers or hauls cargo in interstate commerce, or if you are a commercial interstate or intrastate carrier who hauls hazardous materials in quantities that require placarding.

    Certain states require all Commercial Motor Vehicle registrants to get a U.S. DOT Number. These include Alabama, Alaska, Arizona, Colorado, Connecticut, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, New York, Nebraska, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming.

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  • 2. What are the different types of operating authority issued by the Federal Motor Carrier Safety Administration (FMCSA)?
    A FMCSA operating authority include:
    ■ Motor Common Carrier of Property except Household Goods.
    ■ Motor Contract Carrier of Property except Household Goods.
    ■ Motor Common Carrier of Household Goods.
    ■ Motor Contract Carrier of Household Goods.
    ■ Broker of Property except Household Goods.
    ■ Broker of Household Goods.
    ■ United States Based Enterprise Owned or Controlled By Persons of Mexico Providing Truck Services For The Transportation of International Cargo (Except Household Goods).
    ■ United States Based Enterprise Owned or Controlled By Persons of Mexico Providing Truck Services For The Transportation of International Household Goods
    ■ Freight Forwarder Authority.
    ■ Motor Passenger Carrier Authority.
    ■ Mexico-based Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border.
    ■ Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 1302.

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  • 3. Why is my company being billed for more than one operating authority
    Safety Audits usually occur within the first three to six months after a New Entrant begins operating under its USDOT number. Expect to be contacted around your third month of operation. As a best practice, you will want to ensure compliance with all applicable regulations from day one.

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  • 4. How long will it take to obtain my operating authority?
    Once all the forms have been submitted, it typically takes the Federal Motor Carrier Safety Administration (FMCSA) between three and four weeks to set up a new authority.

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  • 5. Why do I need to complete a BOC-3?
    Motor carriers, freight forwarders, and brokers must have a current BOC-3, Designation of Agent for Service of Process, on file with FMCSA to secure operating authority and maintain active operating status.

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  • 6. How do I check my Unified Carrier Registration filing status?
    You can check your current UCR filing status on the SAFER site. Click here and enter your US DOT, MC/MX or FF Number to check if your registration is current.

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  • 7. What is the International Registration Plan (IRP)?
    The International Registration Plan (IRP) is a registration reciprocity agreement between the 48 contiguous United States and several Canadian provinces. IRP is designed to fairly distribute licensing and registration fees among states and provinces based on the number of miles a qualified vehicle travels through a jurisdiction.

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  • 8. How do I determine if I should register with the IRP?
    ■ IRP registration is required for vehicles that are used for transporting passengers or property in two or more jurisdictions that.
    ■ Have a registered gross vehicle weight or actual weight or combination weight in excess of 26,000 pounds; or.
    ■ Are power units with three or more axles regardless of weight.


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  • 9. What must be included on an Individual Vehicle Distance Record to meet the requirements of IRP?
    Carriers are responsible for ensuring that their drivers maintain detailed Individual Vehicle Distance Records (IVDRs) for each IRP-registered vehicle in their fleet. The record must include the following:
    ■ Date of trip (starting and ending).
    ■ Trip origin and destination.
    ■ Driverʼs name or signature.
    ■ Total trip distance.
    ■ Distance by jurisdiction.
    ■ Routes traveled and odometer reading (beginning and ending).
    ■ Registrantʼs name.
    ■ Fleet number.
    ■ Unit number or VIN.
    ■ Plate number.


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IFTA is correct
  • 1. What’s IFTA?
    The International Fuel Tax Agreement (IFTA) is a cooperative effort of the lower 48 states and 10 Canadian provinces to simplify fuel tax reporting and payment. Under the agreement, motor carriers register and file with their base jurisdiction, which makes the appropriate financial adjustments and distributes tax monies to the proper jurisdictions.

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  • 2. Who Must Register for IFTA?
    Motor carriers who operate an IFTA-qualified motor vehicle in commerce must participate in IFTA. A qualified motor vehicle is one used, designed or maintained to transport property or persons that is:
    ■ Three or more axles regardless of weight, or.
    ■ Two axles with a gross vehicle weight over 26,000 pounds; or.
    ■ Used in combination with a total gross vehicle weight over 26,000 pounds.

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  • 3. I am only registered as Intrastate. Do I still have to register with IFTA and do the quarterly filings?
    No. However, you should check to see if your state has a fuel tax license requirement.

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  • 4. How do I get registered with IFTA?
    CFDS can help you obtain the forms you need to apply for your IFTA license and vehicle decals. You will need to complete this form and submit it, along with any fees, to your IFTA jurisdiction office. The annual license, which is valid for the calendar year, expires on December 31.

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  • 5. Which states do I register with?
    You only need to register with one state — your base jurisdiction. Under IFTA, a motor carrier’s base jurisdiction is the state or province:
    ■ Where its qualified motor vehicles are registered.
    ■ Where it maintains operational control and operational records of its qualified vehicles, and That qualified motor vehicles travel in.

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  • 6. Do most people register to be able to travel in every state?
    There is no need to register with multiple states. Your IFTA Fuel Tax license authorizes your vehicles to travel in all member jurisdictions.

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  • 7. Am I required to renew my IFTA license?
    Motor carriers who operate IFTA-qualified vehicles must meet annual licensing requirements. The IFTA license must be renewed each year.

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  • 8. Where should I keep my IFTA license?
    The original copy of the license must be stored in the office along with business records, and copies must be kept in all IFTA-qualified vehicles. Motor carriers must also display IFTA decals on both sides of a vehicle’s cab.

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  • 9. Do I need to keep proof of IFTA registration in my vehicle?
    Yes. You will need to keep copies of your current IFTA license in all IFTA-qualified vehicles. You are also required to display IFTA decals on both sides of the vehicle’s cab.

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  • 10. I’ve registered with IFTA. How often must I file tax reports?
    In most jurisdictions, motor carriers are required to file fuel tax returns with their IFTA jurisdiction office each quarter. To avoid penalties, IFTA returns, along with any payment for taxes due, must be postmarked on or before the deadlines listed below.
    ■ Quarter 1: April 30.
    ■ Quarter 2: July 31.
    ■ Quarter 3: October 31.
    ■ Quarter 4: January 31.
    You must file a return even when no miles were traveled or no taxable fuel was used during the quarter.

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  • 11. I did not leave my home state this quarter, do I still have to file?
    Yes. You must file a completed IFTA return each quarter. Under the International Fuel Tax Agreement, you are required to file a tax return if you do not travel in any IFTA member jurisdictions or purchase any taxable fuel during the quarter.

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  • 12. How do I collect the mileage and fuel purchase information I need to complete my quarterly return?
    IFTA license holder, you are responsible for maintaining detailed distance and fuel purchase records for all qualified motor vehicles. Specifically, you must prepare:
    ■ Detailed Trip Reports.
    ■ Monthly Fleet Summaries.
    You must retain your IFTA tax return, along with the supporting documentation listed above, for four years from the applicable due date.

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  • 13. What must be included in an IFTA Trip Report?
    IFTA Trip Reports must include:
    ■ Date of trip (Start and End).
    ■ Trip origin and destination.
    ■ Routes of travel.
    ■ Beginning and ending odometer reading.
    ■ Total trip distance.
    ■ Distance by jurisdiction.
    ■ Vehicle Identification Number.
    ■ Vehicle Fleet Number.
    ■ Registrant’s Name.

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  • 14. How do I document fuel purchases?
    You must collect and retain detailed fuel receipts and/or invoices. This proof of purchase must include date of the purchase, the seller’s name and address, number of gallons purchased, fuel type purchased, price per gallon, unit numbers of vehicle and purchaser’s name.

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  • 15. My vehicle is over 26,000 pounds. Do I have to register with IFTA?
    No. You may opt to purchase temporary fuel trip permits, which allow a qualified vehicle without an IFTA license to travel through a state. These temporary permits vary by length and price and may be purchased from the state, select truck stops and permit services. As this approach is extremely costly, most operators of IFTA-qualified vehicles choose to get an IFTA license and file quarterly fuel tax returns.

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  • 16. What happens if I don’t have a current IFTA license or required Temporary Fuel Permit?
    Expect delays—and possible penalties. We’ve heard frequent reports of drivers being placed out-of-service for IFTA violations. There are also steep fines, which vary by state, for failing to pay fuel tax. California law, for example, calls for a mandatory penalty of 25 percent of the tax due or $500, whichever is greater. You must pay the penalty, tax and interest to prevent the vehicle from being seized.

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  • 17. What states require a highway use tax?
    The following states require certain commercial motor vehicles traveling through their states to pay a highway use tax:
    ■ New York has a Highway Use Tax (HUT) for vehicles over 18,000 pounds.
    ■ Kentucky requires a Highway Use License (KYU) for vehicles with a gross weight of 60,000 pounds or more.
    ■ New Mexico has a Weight Distance Tax for vehicles over 26,000 pounds.
    ■ Oregon has a Highway Use Tax for vehicles over 26,000 pounds.

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HAZMAT Cargo is correct
  • 1. Is my vehicle a Commercial Motor Vehicle (CMV)? Do I need to worry about how I handle my cargo?
    A commercial motor vehicle is defined as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
    - Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

    ■ Is designed or used to transport more than 8 passengers (including the driver) for compensation; or.

    ■ Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation (such as a church or camp bus); or.

    ■ Is used to transport Hazardous Materials in a quantity requiring placarding.

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  • 2. I was ticketed for a ‘shifting load’ what does this mean?
    To prevent against the shifting of cargo, cargo must be contained, immobilized or secured in a manner compliant with the FMCSA regulations to prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected.

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  • 3. I haul a lot of dirt from construction sites. Does dirt blowing from my trailer count as losing cargo?
    Yes it would. The regulations say that to prevent against the loss of cargo, vehicles must be loaded and secured in a manner compliant with the FMCSA regulations to prevent the cargo from:
    ■ Leaking.
    ■ Spilling.
    ■ Blowing.
    ■ Falling from the vehicle.

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  • 4. I transport hazmats and was wondering about security plans. I do require placarding but I only ever drive around my local area. It’s very safe, so do I actually need a security plan?
    Your local area may be very safe however there is a difference between needing a plan and needing to comply with the regulations. You may not feel that you need to worry about security but the regulations require that you have a security plan.

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  • 5. I can’t afford to pay for a trainer to come out to my facility .Where can I get my drivers training on cargo securement?
    Our How To Inspect, Tie Down and Secure Cargo Training covers inspecting cargo, securement standards, securing particular articles of cargo, determining Working Load Limits (WLL) and determining the number of tiedowns you need. The benefits of onsite training is that your employees can get first hand training. This solution is ideal for new-hires, periodic training and post-incident retraining.

    The training covering commodity cargo requirements for transporting logs, lumber, metal coils, paper rolls, concrete pipe, intermodal containers, light and heavy vehicles, crushed vehicles, roll-on/off containers and large boulders.

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