States Requiring Intrastate CMV DOT Registration

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Apart from federal regulations, some states require their intrastate commercial motor vehicle registrants to obtain a USDOT Number. As of Feb 2017 the 32 states which require DOT #’s are:

Alaska – DOT # required for CMV 10,001 GVW or more. Alaska DOT 907-365-1210

Alabama – DOT # required for CMV 26,001 GVW or more Alabama DOT 334-242-2999

Arizona – DOT # required for CMV

California – Carrier ID http://www.chp.ca.gov Motor Carrier of Property Permit http://www.dmv.ca.gov 916-657-6803

Connecticut – DOT # required for CMV 10,001 GVW or more Connecticut DOT 800-842-8222

Colorado – DOT # required for CMV 26,001 GVW or more Colorado DOR 303-205-5607

 

Florida – DOT FL # required for CMV 10,001 GVW or more Florida DOT 850-488-7920

Georgia – DOT GA # required for CMV 10,001 GVW or more Georgia DOR 404-675-6135

Indiana – DOT # required for CMV 10,001 GVW or more Indiana DOR 317-615-7200

Kansas – DOT KS # required for CMV Kansas Corp Comm 800-832-5660

Kentucky – DOT KY # required for CMV 10,001 GVW or more KY Trans Cabinet 502-564-4127

Maine – DOT # required for CMV 26,001 GVW or more Maine State Police 207-624-8939

Maryland – DOT MD # required for CMV 10,001 GVW or more MD State Hwy Admin 410-582-5739

Michigan – DOT # required for CMV 10,001 GVW or more  State Police 888-464-8736

Minnesota – DOT # required for CMV 10,001 GVW or more MN State Patrol 651-405-6060

Missouri – DOT MO # required for CMV 10,001 GVW or more Missouri DOT 866-831-6277

Montana –DOT # required for CMV

New Jersey – DOT # required for CMV

New York – DOT NY # required for CMV 10,001 GVW or more New York DOT 866-881-2630

North Carolina -DOT NC # required

Ohio – DOT OH # required for CMV 10,001 GVW or more OH Bureau of MV 614-777-8400

Oklahoma – DOT OK # required for CMV 26,001 GVW or more OK Corp Comm 405-521-3246

Oregon – DOT OR # required for CMV 10,001 GVW or more Oregon DOT 503-378-6699

Pennsylvania – DOT # required for CMV

South Carolina – DOT # required for CMV

Tennessee – DOT # required for CMV 10,001 GVW or more TN Dept of Safety 615-687-2260

Texas – DOT # required for CMV 10,001 GVW or more Texas DOT 800-299-1700

Utah – DOT UT # required for CMV UT State Tax Comm 810-297-7780

 

Washington – DOT # required for CMV 26,001 GVW or more WA Dept of Licensing 360-664-1858

West Virginia – DOT # required for CMV – WV Pub Svc Comm 304-340-0483

Wisconsin – DOT # required for CMV

Wyoming – DOT WY # required for CMV 26,001 GVW or more WY DOT 307-777-4772

The source for this information is from FMSCSA 2017. For example FMCSA notes the following states as requiring DOT RegistrationDoINeedaDOTNumberStep3.jpg

 States can change, or upgrade their requirements. Check with states that don’t require DOT registration as noted above: just to make sure there are no surprises.  To ASSUME makes an ASS of U and Me.  Drive safe, DOT  helps make it so.

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Updating Your DOT Number is Mandatory.

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What to Update?

Routine USDOT Number Updates

To view a company’s current information, go to the SAFER System’s Company Snapshot[external link]. Updates can be done online via the FMCSA online registration system with your US DOT PIN, or by filing an MCS-150 form.  See below for more information on updating your US DOT number information.

Biennial Updates

Federal Motor Carrier Safety Administration (FMCSA) requires all entities under its jurisdiction to update their information every two years. You are required to provide this update every two years even if your company has not changed its information, has ceased interstate operations since the last update, or is no longer in business and you did not notify FMCSA.

Failure to complete a Biennial Update will result in deactivation of your USDOT number and may result in civil penalties of up to $1,000 per day, not to exceed $10,000.

Updating your information is free. We have included instructions below to help you complete your biennial update.

What is the Deadline to Update?

Filing schedule: Each motor carrier or intermodal equipment provider must file the appropriate form at the following times:

  • Before it begins operations; and
  • Every 24 months according to the following schedule:

image

 

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.

Update Online
  • In order to complete the registration online, you’ll need your USDOT number, assigned PIN, EIN/SSN, and Company Official information. You can request a PIN mailed or e-mailed to you.
  • Carriers needing to complete the Motor Carrier Identification Report (MCS-150) OR the Combined Identification and Hazardous Materials Safety Permit Application (MCS-150B) may do so online through the FMCSA Registration Website.
  • Print an updated MCS-150 form for your records upon completion of the online registration if you prefer a hard copy.
Unable to Complete Online? No Problem.

If the carrier doesn’t have a USDOT PIN number, and their mailing address in MCMIS is outdated, they can’t submit a request for a PIN number to be mailed to them. They have 2 options:

Fax

    Send to:

    • 202-366-3477
    U.S. Mail

    Important note for hard copy registrations: Forms must be received by FMCSA on or before the date your Biennial Update is due to avoid deactivation of your USDOT number and the assessment of civil penalties. Please allow ample time for mailing.

    For Carriers

    Registration forms can also be downloaded here or you can request to have a pre-printed form mailed to you by calling FMCSA Support Services at 1-800-832-5660 (Select option 1 (US DOT number questions), then press zero to speak to an agent).

    For Hazardous Materials Safety Permit Carriers only:

    Complete, sign, and date the form, and mail it to the address below.

    U.S. Department of Transportation
    Federal Motor Carrier Safety Administration
    Attention: Office of Registration and Safety Information
    1200 New Jersey Avenue, S.E.

    Washington, DC 20590

    Intermodal Equipment Providers (IEPs)

    IEPs are unable to perform an online update at this time. Download the Intermodal Equipment Provider Identification Report form (MCS-150C) and complete, sign, and date the form, and mail it to the address above.

    Source: FMCSA Site

    Hours of Service Logs and 11-14 rule

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    Fleet D.O.T. & Safety Compliance | Focused Information for the Property Carrying, NON-CDL  Straight Truck Carriers

    In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

    • Weighs 10,001 pounds or more
    • Crosses state boundaries
    • Your company transports out-of-state products picked up at the airport (yes, even if your trucks never leave the state.)

    ELECTRONIC LOGGING DEVICE RULE EXEMPTION

    Most drivers must follow these new  HOS Regulations, if they drive a commercial motor vehicle, or CMV.  However, Aug. 31st, 2016 FMSA made an exemption  for their Electronic Logging Device (ELD) ruling for a carrier whose drivers only need to complete 8 log sheets or less / month.

    11-Hour Driving Limit

    May drive a maximum of 11 hours after 10 consecutive hours off duty.

    14-Hour Limit

    May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.

    Rest Breaks

    Does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]

    DotFleets Note:

    To insure drivers will take preventive action when they find they cannot contine driving in a alert because of fatigue, always encourage your drivers to call their supervisor and work out a solution.  An extra night on the road is better than an accident on the road.

    Later you can investigate reasons for your driver’s fatigue, even if the driver is within the 11-14 rule.

    • Physical exhaustion: driver misused their off-time before delivery day
    • Physical impairment: driver is stuggling with diabetes and more prone to exhaustion and difficulty maintaining their attention as a consequence.
    • Physical impairments and mental acuity problems because the driver is
    • Physical impairments because the driver has diabetes or is taking medications for some ailment which affects their ability to stay alert and they are failing to comply with the medication advisements, medication schedule.
    • Failure to following diet restrictions.
    • others reasons you might know of, please put in the comments. Thanks

    Work with your team.  Make effort with your time to discover the cause(s).  Work through your management team to design a corrective action for the benefit of the company mission and those who keeping it alive and on course.

    .

    Carriers 101 on Coercion

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    When a D.O.T. auditor shows up to investigate about a driver you had or currently employee, and they discover you scheduling requires him to break FMCSA regulations . . . the driver may not be the one on the hot seat.  When the auditor asks for your explanation . . .
    • I thought it was ok . . .
    • We’ve always done it this way. . .
    • No one ever told me . . .
    • I fired him because he wouldn’t do his scheduled route in time . . .

    and other variations on a carrier’s  “its-not-my-fault” explanations will not fly now that  ‘driver coercion” was added by the D.O.T. in its effort to go beyond roadside inspections and gain more FMCSA compliance from Carriers. (Read More:   DOT roadside Inspections enforcement status  and 10 Hours of Duty Rule)

    FMCSA backs drivers with coercion rule  : FleetOwner.com Kevin Jones

    A new rule to protect drivers from being compelled to violate federal safety regulations is set to publish today in the Federal Register. Known as the “driver coercion” rule, it provides FMCSA with the authority to go after not only carriers, but also shippers, receivers, and transportation intermediaries. ( read more )

    Vocabulary:

    What is Coercion?

    Such actions are used as leverage, to force or leverage the victim to act in a way contrary to their own interests.

    Example:

    A driver is given a route  which he points out  is impossible to complete without going over the 11 hrs driving and or 14 hrs on-duty DOT rule.  If the driver reluctantly accepts the task because they fear the loss of their position or their job it could be considered coercion.  Accidents and road side inspections with a citation will go hard on the carrier, especially if the driver challenges their citation because of coercion.

    Who Is Exempt From FMCSA ELD Rule

    1 Comment

    For many of the carriers I know, you will be exempt from the ELD ruling if your Drivers use paper DOT RODS for not more that 8 days during each 30 day period.  This exemption was made clear on August 31st 2016.

    FMCSA ELD Compliance Timeline

    FMCSA ELD Compliance Timeline

    Here’s a video on the goals of ELD’s

     

     

    VOCABULARY: More

    Never Leaves the State – Do I Need a USDOT Number?

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    A carrier who picks up product at the airport and never leaves their state asks, Do I Need a USDOT Number?

    dotnumbersvanThe answer is yes.  As an added plus you, as a carrier, will be guided to set standards for yourself and your team which help make your participation in the marketplace more successful.  How?  You drivers and products will get from A to B more often, without injury or accident injuring others.

    Companies operating commercial vehicles which transport passengers or haul cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Also, commercial intrastate hazardous materials carriers who haul quantities requiring a safety permit must register for a USDOT Number.

    The USDOT Number serves as a unique identifier when collecting and monitoring a company’s safety information acquired during audits, compliance reviews, crash investigations, and inspections.

    I am still not clear about why I need to  Register for a  US DOT Number?

    You are required to obtain a USDOT number if you have a vehicle that . . .

    • 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; orstraighttruckdotnumber
    • Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
    • Is used in transporting material found by the Secretary of Transportation to be hazardous and transported in a quantity requiring placarding.

    AND is involved in Interstate commerce:

    Trade, traffic, or transportation in the United States—

    • Between a place in a State and a place outside of such State (including a place outside of the United States);
    • Between two places in a State through another State or a place outside of the United States; or
    • Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.  

    If you answered ‘yes’ to any of the above in both the green and orange/red areas, you are a carrier who is required by FMCSA to obtain US DOT Number.

    DOTFleets Note:

    Some carriers think they are not required to register for a DOT number because their trucks only pick up product at the airport and deliver only within the their state, intrastate carriers.  However, if they pick up product that originated outside of their state they are INTERSTATE CARRIERS according to the last provision in red

    Still confused?  Call up your local state DOT office and ask this simple question, “If I pick up interstate product at the airport and my trucks are alway within our state, am I required to register for a DOT number?

    How to Comply with Federal Regulations

    It is the responsibility of motor carrier operators and drivers to know and comply with all applicable Federal Motor Carrier Safety Regulations. Safety compliance and safe operations translate into saved lives and property.  We believe the information in this package, when effectively applied, will contribute to safer motor carrier operations and highways.

    Some States Require Carriers Register With DOT Number 
    Click Here to see if your state is on of them.

     

    FMCSR / URS Refresher and Updates – Focused on 10k to 26k GVWR Interstate Commercial Carriers with no Hazardous Material

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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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    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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