English: Advertisement 1912 - Baker Electric M...

English: Advertisement 1912 – Baker Electric Motor-Vehicles Co. of Cleveland, Ohio – Commercial Car Department (Photo credit: Wikipedia)

Please review upcoming motor carrier registration and updates.  In addition, I have included some reference material on federal/state regulation definitions and filing form information.

The URS is designed to streamline the registration process and serve as a clearinghouse and depository of information on, and identification of, all entities required to register with FMCSA.

Interstate commerce: Trade, traffic, or transportation involving the crossing of a State boundary of vehicle, cargo, or its passengers, or there must be the intent to cross a State boundary to be considered an interstate carrier.

o If your operations include interstate commerce, you must comply with the applicable Federal Motor Carrier Safety Regulations and Operating Authority rules, in addition to State and local requirements.

o Requires registration with the Federal Motor Carrier Safety Administration (FMCSA), and receipt of a USDOT census number.

  • Form MCSA-1. Replaces the current MCS-150 and OP-1 forms. The Form MCSA-1 must be submitted electronically; it is an interactive form, requiring applicants to see and complete only the sections that apply to their operation. Carriers that currently have a USDOT number do not have to file the MCSA-1 until they are required to update their information.
  • Biennial update. A motor carrier that fails to update their Form MCSA-1 information every two years will be subject to deactivation of their USDOT number. This provision is effective and compliance is required on November 1, 2013. Beginning November 1, 2013, the FMCSA will issue a warning letter 30 days in advance of a biennial update deadline to notify the entity that its USDOT Number will be deactivated if it fails to comply with the biennial update requirement. Only after an entity has failed to heed that warning will the Agency begin deactivating USDOT registrations for failure to update the information on Form MCSA-1 and consider imposing civil penalties. FMCSA, however, will not retroactively apply sanctions against entities that had not met the biennial update requirement by November 1, 2013.
  • Filing changes to name, address, form of business. The final rule requires all entities to notify FMCSA of any changes to legal name, form of business, or address within 30 days of the precipitating change.
  • USDOT number sole identifier. FMCSA will use the USDOT Number as its sole unique identifier for motor carriers, brokers, and freight forwarders subject to its regulations. The URS will discontinue issuance of MC, MX, and FF Numbers. MAP-21 also amended 49 U.S.C. 13901 to require distinctive USDOT Numbers for each type of authority issued. For example, an entity applying for both broker and motor carrier authority would receive a different USDOT Number for each type of authority. This MAP-21 provision also requires that the USDOT Number include an "indicator" of the type of authority issued; FMCSA will address this requirement in a separate rulemaking.

Reference Material:

Commercial Motor Vehicle (General): means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

(1) 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

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

(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.


Commercial Motor Vehicle (CDL, Drug/Alcohol Testing): means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle–

(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or

Driver: means any person who operates any commercial motor vehicle.

Highway: means any road, street, or way, whether on public or private property, open to public travel. "Open to public travel" means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration.  Toll plazas of public toll roads are not considered restrictive gates.

Section 390.3, Federal Motor Carrier Safety Regulations.  It states “The rules in Subchapter B (FMCSR) of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce”.  This section does not differentiate between vehicles owned by the company vs. vehicles leased by the company; it simply states any vehicle used to transport property or passengers.  This regulation also does not differentiate between salaried or hourly employees/drivers; therefore, salaried employees operating commercial motor vehicles are subject to the same hours of service regulations as employees paid hourly.

In summary, any CMV, as defined, and any person operating a commercial motor vehicle on highways, regardless of their title, must comply with the FMCSA regulations.

All states have adopted some form of the Federal Motor Carrier Safety Regulations; therefore, motor carriers must comply with similar regulations whether they operate interstate or intrastate.

The following is an overview of safety regulations applicable to the GVWR/GCWR of the vehicle (not all inclusive):

GVWR/GCWR of 10,001 or Greater

Insurance (Part 387)

Vehicle Marking (Section 390.21)

Accident Recording (Section 390.15)

Carrier Profile Update (Section 390.19)

Driver Qualification (Part 391)

Emergency Equipment (Section 393.95)

Hours of Service (Logging) (Part 395)

Inspections, Repair and Maintenance (Section 393.3)

Daily Vehicle Inspections (Section 396.11)

Annual Vehicle Inspections (Section 396.17)

§390.19 Motor carrier, hazardous material shipper, and intermodal equipment provider identification reports.

(a) Applicability. Each motor carrier and intermodal equipment provider must file Form MCS–150, Form MCS–150B or Form MCS–150C with FMCSA as follows:

(a)(1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS–150.

(a)(2) A motor carrier conducting operations in intrastate commerce and requiring a Safety Permit under 49 CFR part 385, subpart E of this chapter must file the Combined Motor Carrier Identification Report and HM Permit Application, Form MCS–150B.

(a)(3)Each intermodal equipment provider that offers intermodal equipment for transportation in interstate commerce must file an Intermodal Equipment Provider Identification Report, Form MCS–150C.

(b) Filing schedule. Each motor carrier or intermodal equipment provider must file the appropriate form under paragraph (a) of this section at the following times:

(b)(1) Before it begins operations; and

(b)(2) Every 24 months, according to the following schedule:

USDOT No. ending in

Must file by last day of

1

January.

2

February.

3

March.

4

April.

5

May.

6

June.

7

July.

8

August.

9

September.

0

October.

     

(b)(3) If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year.

(c) Availability of forms. The forms described under paragraph (a) of this section and complete instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword “MCS–150,” or “MCS–150B,” or “MCS–150C”); from all FMCSA Service Centers and Division offices nationwide; or by calling 1–800–832–5660.

(d) Where to file. The required form under paragraph (a) of this section must be filed with FMCSA Office of Information Management. The form may be filed electronically according to the instructions at the Agency’s Web site, or it may be sent to Federal Motor Carrier Safety Administration, Office of Information Management, MC–RIO, 1200 New Jersey Avenue, SE., Washington, DC 20590.
(e) Special instructions for for-hire motor carriers. A for-hire motor carrier should submit the Form MCS–150, or

Form MCS–150B, along with its application for operating authority (Form OP–1, OP–1(MX), OP–1(NNA) or OP–2), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section.

(f) Only the legal name or a single trade name of the motor carrier or intermodal equipment provider may be used on the forms under paragraph (a) of this section (Form MCS–150, MCS–150B, or MCS–150C).

(g) A motor carrier or intermodal equipment provider that fails to file the form required under paragraph (a) of this section, or furnishes misleading information or makes false statements upon the form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).

(h)(1) Upon receipt and processing of the form described in paragraph (a) of this section, FMCSA will issue the motor carrier or intermodal equipment provider an identification number (USDOT Number).

(h)(2) The following applicants must additionally pass a pre-authorization safety audit as described below before being issued a USDOT Number:

(h)(2)(i) A Mexico-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must pass the pre-authorization safety audit under §365.507 of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in §365.115 of this subchapter or—if a protest is received—after FMCSA denies or rejects the protest.

(h)(2)(ii) A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under §385.607(c) of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in §365.115 of this subchapter or—if a protest is received—after FMCSA denies or rejects the protest.

(h)(3) The motor carrier must display the number on each self-propelled CMV, as defined in §390.5, along with the additional information required by §390.21.

(h)(4) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT number.

(h)(4)(i) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [(Public Law 105–178, 112 Stat. 107]) is exempt from the requirements of this section, provided it files all the required information with the appropriate State office.

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English: Advertisement 1912 - Baker Electric M...

English: Advertisement 1912 – Baker Electric Motor-Vehicles Co. of Cleveland, Ohio – Commercial Car Department (Photo credit: Wikipedia)

Please review upcoming motor carrier registration and updates.  In addition, I have included some reference material on federal/state regulation definitions and filing form information.

The URS is designed to streamline the registration process and serve as a clearinghouse and depository of information on, and identification of, all entities required to register with FMCSA.

Interstate commerce: Trade, traffic, or transportation involving the crossing of a State boundary of vehicle, cargo, or its passengers, or there must be the intent to cross a State boundary to be considered an interstate carrier.

o If your operations include interstate commerce, you must comply with the applicable Federal Motor Carrier Safety Regulations and Operating Authority rules, in addition to State and local requirements.

o Requires registration with the Federal Motor Carrier Safety Administration (FMCSA), and receipt of a USDOT census number.

  • Form MCSA-1. Replaces the current MCS-150 and OP-1 forms. The Form MCSA-1 must be submitted electronically; it is an interactive form, requiring applicants to see and complete only the sections that apply to their operation. Carriers that currently have a USDOT number do not have to file the MCSA-1 until they are required to update their information.
  • Biennial update. A motor carrier that fails to update their Form MCSA-1 information every two years will be subject to deactivation of their USDOT number. This provision is effective and compliance is required on November 1, 2013. Beginning November 1, 2013, the FMCSA will issue a warning letter 30 days in advance of a biennial update deadline to notify the entity that its USDOT Number will be deactivated if it fails to comply with the biennial update requirement. Only after an entity has failed to heed that warning will the Agency begin deactivating USDOT registrations for failure to update the information on Form MCSA-1 and consider imposing civil penalties. FMCSA, however, will not retroactively apply sanctions against entities that had not met the biennial update requirement by November 1, 2013.
  • Filing changes to name, address, form of business. The final rule requires all entities to notify FMCSA of any changes to legal name, form of business, or address within 30 days of the precipitating change.
  • USDOT number sole identifier. FMCSA will use the USDOT Number as its sole unique identifier for motor carriers, brokers, and freight forwarders subject to its regulations. The URS will discontinue issuance of MC, MX, and FF Numbers. MAP-21 also amended 49 U.S.C. 13901 to require distinctive USDOT Numbers for each type of authority issued. For example, an entity applying for both broker and motor carrier authority would receive a different USDOT Number for each type of authority. This MAP-21 provision also requires that the USDOT Number include an "indicator" of the type of authority issued; FMCSA will address this requirement in a separate rulemaking.

Reference Material:

Commercial Motor Vehicle (General): means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

(1) 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

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

(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.


Commercial Motor Vehicle (CDL, Drug/Alcohol Testing): means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle–

(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or

Driver: means any person who operates any commercial motor vehicle.

Highway: means any road, street, or way, whether on public or private property, open to public travel. "Open to public travel" means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration.  Toll plazas of public toll roads are not considered restrictive gates.

Section 390.3, Federal Motor Carrier Safety Regulations.  It states “The rules in Subchapter B (FMCSR) of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce”.  This section does not differentiate between vehicles owned by the company vs. vehicles leased by the company; it simply states any vehicle used to transport property or passengers.  This regulation also does not differentiate between salaried or hourly employees/drivers; therefore, salaried employees operating commercial motor vehicles are subject to the same hours of service regulations as employees paid hourly.

In summary, any CMV, as defined, and any person operating a commercial motor vehicle on highways, regardless of their title, must comply with the FMCSA regulations.

All states have adopted some form of the Federal Motor Carrier Safety Regulations; therefore, motor carriers must comply with similar regulations whether they operate interstate or intrastate.

The following is an overview of safety regulations applicable to the GVWR/GCWR of the vehicle (not all inclusive):

GVWR/GCWR of 10,001 or Greater

Insurance (Part 387)

Vehicle Marking (Section 390.21)

Accident Recording (Section 390.15)

Carrier Profile Update (Section 390.19)

Driver Qualification (Part 391)

Emergency Equipment (Section 393.95)

Hours of Service (Logging) (Part 395)

Inspections, Repair and Maintenance (Section 393.3)

Daily Vehicle Inspections (Section 396.11)

Annual Vehicle Inspections (Section 396.17)

§390.19 Motor carrier, hazardous material shipper, and intermodal equipment provider identification reports.

(a) Applicability. Each motor carrier and intermodal equipment provider must file Form MCS–150, Form MCS–150B or Form MCS–150C with FMCSA as follows:

(a)(1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS–150.

(a)(2) A motor carrier conducting operations in intrastate commerce and requiring a Safety Permit under 49 CFR part 385, subpart E of this chapter must file the Combined Motor Carrier Identification Report and HM Permit Application, Form MCS–150B.

(a)(3)Each intermodal equipment provider that offers intermodal equipment for transportation in interstate commerce must file an Intermodal Equipment Provider Identification Report, Form MCS–150C.

(b) Filing schedule. Each motor carrier or intermodal equipment provider must file the appropriate form under paragraph (a) of this section at the following times:

(b)(1) Before it begins operations; and

(b)(2) Every 24 months, according to the following schedule:

USDOT No. ending in

Must file by last day of

1

January.

2

February.

3

March.

4

April.

5

May.

6

June.

7

July.

8

August.

9

September.

0

October.

     

(b)(3) If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year.

(c) Availability of forms. The forms described under paragraph (a) of this section and complete instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword “MCS–150,” or “MCS–150B,” or “MCS–150C”); from all FMCSA Service Centers and Division offices nationwide; or by calling 1–800–832–5660.

(d) Where to file. The required form under paragraph (a) of this section must be filed with FMCSA Office of Information Management. The form may be filed electronically according to the instructions at the Agency’s Web site, or it may be sent to Federal Motor Carrier Safety Administration, Office of Information Management, MC–RIO, 1200 New Jersey Avenue, SE., Washington, DC 20590.
(e) Special instructions for for-hire motor carriers. A for-hire motor carrier should submit the Form MCS–150, or

Form MCS–150B, along with its application for operating authority (Form OP–1, OP–1(MX), OP–1(NNA) or OP–2), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section.

(f) Only the legal name or a single trade name of the motor carrier or intermodal equipment provider may be used on the forms under paragraph (a) of this section (Form MCS–150, MCS–150B, or MCS–150C).

(g) A motor carrier or intermodal equipment provider that fails to file the form required under paragraph (a) of this section, or furnishes misleading information or makes false statements upon the form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).

(h)(1) Upon receipt and processing of the form described in paragraph (a) of this section, FMCSA will issue the motor carrier or intermodal equipment provider an identification number (USDOT Number).

(h)(2) The following applicants must additionally pass a pre-authorization safety audit as described below before being issued a USDOT Number:

(h)(2)(i) A Mexico-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must pass the pre-authorization safety audit under §365.507 of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in §365.115 of this subchapter or—if a protest is received—after FMCSA denies or rejects the protest.

(h)(2)(ii) A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under §385.607(c) of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in §365.115 of this subchapter or—if a protest is received—after FMCSA denies or rejects the protest.

(h)(3) The motor carrier must display the number on each self-propelled CMV, as defined in §390.5, along with the additional information required by §390.21.

(h)(4) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT number.

(h)(4)(i) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [(Public Law 105–178, 112 Stat. 107]) is exempt from the requirements of this section, provided it files all the required information with the appropriate State office.

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