Do I need to run a CDLIS or worry about FMSCA regulations if my drivers only have Class B CDL's and do not go out of state?
If drivers are required to have a Class B CDL in order to operate vehicles, then the FMCSA Regulations in Part 382 and Part 383 will apply to your operations. Other areas of the regulations, such as Part 391 or Part 395, may apply to the motor carrier even if they don’t leave the state. Those sections apply to motor carriers operating in interstate commerce, which cannot be determined based solely on never leaving a given state. Interstate commerce is an activity that might occur without a truck ever leaving a single city. We advise that you contact the FMCSA for assistance in determining the applicability of the regulations.
Who is exempt from the FMCSA Clearinghouse?
According to the FMCSA, “Drivers who perform only FTA-regulated safety-sensitive functions are exempt from Part 382, including the Clearinghouse requirements, as are their employers. These drivers and employers are subject only to the alcohol and/or controlled substances testing requirements of Part 655. On the other hand, FTA-regulated entities that employ drivers who also perform FMCSA-regulated safety-sensitive functions must comply with the relevant alcohol and/or controlled substances testing requirements of Part 382.”
What is considered actual knowledge of a Clearinghouse violation?
Employers who have actual knowledge that a driver has used alcohol or controlled substances in violation of Subpart B of Part 382 must report such violations to the Clearinghouse, in accordance with § 382.705(b)(4). Service agents, such as a consortium/third-party administrator (C/TPA), acting on the employer’s behalf may also report actual knowledge violations, as long as they comply with the reporting requirements in § 382.705(b)(4). Actual knowledge, as defined in § 382.107, is based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substances use, except as provided in § 382.121.
Do spotted lantern fly requirements apply to fleets of service vans and other non-DOT regulated company vehicles?
According to the Pennsylvania Department of Agriculture, permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working.
More details and examples can be found on their main website by following the link below: