1. Operating a Motor Vehicle Fleet
Basic Guidelines

2. Do the Federal Motor Carrier regulations apply to me?
Overview
Do the Federal Motor Carrier regulations apply to me?
How can I tell if a vehicle is a Commercial Motor Vehicle?
How do I know when I need a driver with a Commercial Motor License?
General Compliance – The Basics
Diver Compliance – The Basics

3. Disclaimer
The information being shared today provides basic compliance guidance to the Motor Carrier Safety Regulations.
It is not intended to be a substitute for these regulations.
For information on how to purchase a complete copy of the Federal motor Carrier Safety Regulations (FMCSR) please go to

4. Do the FMCSRS apply to me?
Answer these questions:
Do any of your vehicles engage in interstate commerce?
Do any of your vehicles weight over 10,001 pounds, ever?
Do any of your vehicles weight over 26,001 pounds, ever?
Do you haul hazardous materials in quantities requiring placarding?
Do you have vehicles that are “designed or used to transport more than 8 passengers (including the driver) for compensation,” (example, small van or bus)?
Do you have vehicles that are “designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation,” (example, small van or bus)?
(NOTE: It doesn’t matter if there are actually any passengers on the vehicle or not)
If you answered yes to any of the questions, do any of those vehicles cross state lines?

5. What is a Commercial Motor Vehicle (CMV)? §390.5
Any self propelled or towed vehicle used on public highways in interstate/intrastate commerce to transport passengers or property under one of the following conditions:
Vehicles has gross vehicle weight rating (GVWR) or gross combination weight rating of 10,001 or more pounds;
Vehicle is designed to transport more than 15 passengers, including the driver;
Designed or used to transport more than 8 passengers (including the driver) for compensation; or
Vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act (HMTA) Regulations.

6. You need a CDL driver if the driver is:
Do I need a CDL driver?
You need a CDL driver if the driver is:
Operating a vehicle weighting 26,001 or more
Operating a vehicle requiring placarding
Operating a vehicle designed or used to transport 15 or more passengers

7. Helpful definitions & acronyms
Interstate - Involving travel or trade between states of the United States
Intrastate - Referring to travel or commerce that doesn't cross a state line
CDL – Commercial Driver License
CMV – Commercial Motor Vehicle
FMCSR – Federal Motor Carrier Safety Regulations
DOT – Department of Transportation
49 CFR – Part of the federal regulations that pertains to commercial motor vehicles and their drivers

8. If the vehicle weight is up to 26,000 pounds and
What does all this mean?
If the vehicle weight is up to 26,000 pounds and
Is NOT transporting hazardous materials requiring placarding
Is NOT driving a vehicle designed to carry 15 or more people
compliance with all of the safety regulations, with the exception of the CDL and drug and alcohol testing requirements, is required
the driver does not have to have a CDL
If the vehicle weight is over 26,000 pounds or
is operating a vehicle carrying hazardous materials or more than 15 passengers,
compliance with all of the safety regulations, including drug and alcohol testing, is required
the driver must have a CDL

9. GENERAL COMPLIANCE – The Basics
49 CFR Part §387

10. Financial responsibility §387
Must have at least the minimum amount of insurance as found in Sec Schedule of Limits.
The motor carrier must have proper proof at the Company’s principal place of business. §387.7(d) & §387.31(d)
Your motor vehicle insurance agent should be able to assist you with determining the correct amount of insurance needed and type of proof you must maintain.

11. Marking vehicles §389.21 Interstate Vehicles Intrastate Vehicles
Both sides of the vehicle must be marked with the:
Name of motor carrier or trade name
The motor carrier’s identification number proceeded by USDOT
Intrastate Vehicles
Rules vary widely from state to state, check your state DOT rules
Interstate & Intrastate
Compliance with both the FMCSA rules for interstate carriers (§390.21) and the state’s intrastate marking rules is required
Size and shape of markings
Readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary
The lettering of the markings contrast in color to that of the vehicle(s)
Be kept and maintained in a manner that retains the legibility required

12. Marking rented or leased vehicles
Both sides of the vehicle must be marked with:
your company name as listed on your MCS-150
your USDOT number
Before the vehicle is operated on public roads

13. Accident register §390.15
The following information must be on the accident register:
Time and place of accident
Driver’s name
Number of injuries and fatalities
Hazardous materials released if any (other than fuel)
Maintain for a period of three years after an accident occurs
Maintain copies of all accident reports required by state or other government entities or insurers for a period of one year after an accident occurs §390.15(b)(2)

14. DOT Definition: Accident §390.5
Involves a commercial motor vehicle operating on a public road that results in at least one of the following:
A fatality
Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident
Disabling damage to one or more motor vehicles, requiring the vehicle(s) to be towed or otherwise transported from the scene by a tow truck or other vehicle

15. DRIVER COMPLIANCE – THE BASICS
§ 391, § 382, §380

16. Requirements for a driver operating a CMV §391
Be 18 years old for intrastate transportation
Be 21 years old for interstate transportation, or when hauling hazardous materials
Speak and read English well enough to do the job
Have a driver’s license issued by his/her state, which is valid for the type of vehicle driven
Be physically qualified under 49 CFR
Not be disqualified from driving a commercial motor vehicle under Sec
Has successfully completed a road test or its equivalent (Sec , )
Be able to drive the vehicle safely
Has provided a list of violations as required by Sec
Know how to property load and secure cargo

17. Determine if a driver is qualified
Does he/she possess a current, valid medical certificate showing that he or she is physically qualified to drive a commercial motor vehicle?
Check his/her driver’s license
Do an interview (talk to him/her) in English
Give a basic safety quiz in English
Run a Motor Vehicle Report
Give a road test
Give a load securement test

18. Driver Qualification File (DQ) §391.51
Who must have a Driver Qualification File?
Interstate drivers
CDL & Non-CDL
Operating a CMV
Intrastate drivers
Depends on state-specific regulations to determine applicability
Must be kept at the carrier’s principal place of business for as long as the driver is employed by the carrier and for three years after the driver leaves the carrier’s employ.

19. What items are required in the DQ file? §391.51
Application for employment (see 49 CFR for items required on an application)
Inquiry to previous employers (prior to three years) §391.23
Driving record inquiry to state agencies (prior three years)
Medical examiner’s certificate (§391.43(g))
Copy of medical waiver, if issued (Subpart B, § & C, § )
Driver’s road test and certificate of road test
A legible photocopy of a CDL, is an acceptable substitute if the driver was road tested for the class of vehicle the driver will operate. For exceptions see 49 CFR
Annual driver’s certification of violations for past 12 months (§391.25)
Annual review of driving record showing date and who performed the review (§391.25)
Annual copy of driver’s driving record (§391.27)

20. Controlled substance testing §382.601
Driver must take part in DOT-regulated controlled substance testing if the driver:
Is required to possess a commercial drivers license (CDL), and
Operates a commercial motor vehicle, or
Operates a vehicle which requires placards
Tests Required:
Pre-employment testing
Post-accident testing
Random testing
Reasonable suspicion
Return to duty
Follow-up

21. Controlled Substance Testing
Controlled substances tested for include:
Marijuana
Cocaine
Opiates
Amphetamines
Phencyclidine

22. Responsibilities as a carrier
Must have written substance abuse policies and procedures
Must comply with the 50% drug testing & 10% alcohol rules
Must obtain, pursuant to a driver’s written consent, the driver’s alcohol and drug compliance records from previous employers
Must provide educational materials to each driver explaining the requirements and employer policies and procedures with respect to drug and alcohol testing (see #1)
Must ensure all persons who supervise driver receive 60 minutes of training in alcohol and 60 minutes of training on substance abuse as required in Part 382
Must release a driver’s alcohol and drug compliance records to a prospective employer and agencies with regulatory jurisdiction, pursuant to a driver’s written consent
Requests may be placed in drivers qualification file

23. Entry-level driver training §380.503
Over one year experience operating such vehicles in interstate commerce; or
Received training in four required areas:
Driver Qualification Requirements
Hours of Service
Driver Wellness
Whistleblower Protection
A copy of the Entry-Level Driver Training Certificate is retained in the DQ file or personnel file for the duration of employment and for one year thereafter.

24. LCV (Longer Combination Vehicle) – Driver Training §380.511
All drivers hired to operate Longer Combination Vehicle (LCV) in interstate commerce will either have:
An LCV Driver-Training Certificate as evidence of successful completion of an LCV driver training course; or
An LCV Driver-Training Certificate of Grandfathering, showing that the driver is exempt from the training requirements based on experience
All LCV training certificates or certificates of grandfathering are placed in the Driver Qualification files.

25. Get help with compliance
Carriers are allowed to contract with outside services and consortiums who assist with administration of carrier’s program.
Frequently contracted services include:
company policy development
random selections
collection site
testing services
Regardless, a carrier:
Must use a medical review officer (MRO) to review and verify individual controlled substance test results. It is the MRO who must notify the carrier whether a driver’s drug test was positive or negative, and which controlled substance tested positive.
Is ultimately responsible for compliance.

26. Summary
Federal Motor Carrier regulations apply to your company.
Vehicle is a Commercial Motor Vehicle.
When a driver with a Commercial Motor License is needed.
Rules for marking.
Accident records.
Driver Requirements and qualifications.
Driver qualification files.
Controlled substance testing and your responsibility as a carrier.