Since the Electronic logging device (ELD) mandate officially went into effect, various rule updates, rule changes, notices and proposed changes have taken place (as the ELD mandate continues to evolve). These notices are published on the Federal Motor Carrier Safety Administration (FMCSA) website, which in turn is linked to the Federal Register website.
There are 4 noteworthy changes that took place this year (so far) that motor carriers should be aware of:
1. Eliminating the annual list of violations
Per this change, carriers no longer need to request an annual record of violations from their drivers. Section 391.27 were removed from the Federal Motor Carrier Safety Regulations on May 9, 2022.
Since carriers request an annual motor vehicle record (MVR), asking drivers for a list of the same violations was redundant.
It’s important to note however that annual violation lists created through May 8, 2022 must be retained in the DQ file (driver qualification) for at least 3 years (meaning potentially as far out as May 8, 2025).
2. Removing personal information from the road test certificate
Some notable changes were made to the format of the road test certificate (a form that is kept in the DQ file per §391.31).
This change removes personal identifiable information (PII) which most people are understandably uncomfortable providing.
The following information is no longer required, effective March 22, 2022:
- Driver’s license number
- Licensing state
- Social Security Number
For those that have already purchased older road test certificates, you can simply leave those fields empty as they are no longer required.
It is important to note that per §391.21, PII (date of birth, social security number, driver’s license number, etc.) still remains on the driver-specific application.
3. Licensing Authorities – wording changes
Effective March 22, 2022, the FMCSA changed wording which concerns driver licence issuing entities. “State” was replaced with “driver’s licensing authority”, which provides clarification that to obtain a driver’s MVR, motor carriers would contact states, provinces and territories to satisfy §391.23 and §391.25. This also impact §391.21(b)(5).
This clarification is particularly important for drivers in Canada or Mexico who operate in the U.S.
4. Entry-Level Driver Training (ELDT) rule (as of Feb 7, 2022)
As of February 7, 2022, entry-level driver training (ELDT) regulations have stricter requirements for individuals who want to obtain a commercial driver’s license (CDL), upgrade a CDL, or obtain a hazardous materials (H), passenger (P), or school bus (S) endorsement.
“These individuals are subject to the ELDT requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA’s Training Provider Registry (TPR).” – Federal Register / Vol. 87.
Stay up to date on regulatory changes
The FMCSA announces updated notices, rules and proposed rules/rule changes regularly. The ELD mandate rules can be particularly complicated and/or confusing in some instanced for carriers and drivers alike, so it is very important to check regularly and familiarize yourself with changes/potential changes to prevent possible violation or non-compliance.
Keep in mind that these changes can also help your drivers by either simplifying their work, removing redundancy or providing greater clarity so they can stay focused on what they do best, safely and effectively, without worrying about potential violations.
You can check for changes or updates via the notices and rulemaking documents page on the FMCSA website.
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