Truckers News Staff
With some 4 million commercial vehicles being inspected on North American highways during the course of a year — including several special concentrated inspection efforts conducted by law enforcement — it’s a pretty good chance that you will eventually be stopped.
The Commercial Vehicle Safety Alliance is an organization of safety officials and members of the trucking industry members who work to improve highway safety. It also organizes several inspection efforts each year and educates law enforcement agents and members of the trucking industry on the various types of inspections.
It also provides informational materials about its inspection program, including:
Here’s how the CVSA explains each level of inspection:
Level I – North American Standard Inspection
This 37-step inspection includes an examination of the driver’s license; Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver’s record of duty status, as required; hours of service; seat belt; vehicle inspection report(s) (if applicable); brake systems; cargo securement; coupling devices; driveline/driveshaft; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals and lamps/flags on projecting loads); steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs; windshield wipers; buses, motor coaches, passenger vans or other passenger-carrying vehicles – emergency exits, electrical cables and systems in engine and battery compartments, seating, hazardous materials or dangerous good (HM/DG) and specification cargo tank requirements, as applicable. HM/DG required inspection items will only be inspected by certified HM/DG and cargo tank inspectors, as applicable.
Level II – Walk-Around Driver/Vehicle Inspection
CVSA At a minimum, Level II Inspections must include examination of: driver’s license; Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver’s record of duty status as required; hours of service; seat belt; vehicle inspection report(s) (if applicable); brake systems; cargo securement; coupling devices; driveline/driveshaft; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals, and lamps/flags on projecting loads); steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs; windshield wipers; buses, motor coaches, passenger vans or other passenger-carrying vehicles – emergency exits, electrical cables and systems in engine and battery compartments, seating, and HM/DG requirements, as applicable. HM/DG required inspection items will only be inspected by certified HM/DG and cargo tank inspectors, as applicable. It is contemplated that the walk-around driver/vehicle inspection will include only those items that can be inspected without physically getting under the vehicle.
Level III – Driver/Credential/Administrative Inspection
This examination includes, where required and/or applicable: an examination of the driver’s license; Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate; driver’s record of duty status; hours of service; seat belt; vehicle inspection report(s); and carrier identification and status. Mechanical equipment violations specific to a Level I or Level II Inspection should not be included in a Level III Inspection. If applicable, traffic violations/infractions should be included on a Level III Inspection.
Level IV – Special Inspections
Inspections under this heading typically include a one-time examination of a particular item. These examinations are normally made in support of a study or to verify or refute a suspected trend.
Level V – Vehicle-Only Inspection
This inspection includes each of the vehicle inspection items specified under the North American Standard Inspection (Level I), without a driver present, conducted at any location.
Level VI – North American Standard Inspection for Transuranic Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material
This is an inspection for select radiological shipments, which include inspection procedures, enhancements to the North American Standard Level I Inspection, radiological requirements and the North American Standard Out-of-Service Criteria for Transuranic Waste and Highway Route Controlled Quantities of Radioactive material.
As of Jan. 1, 2005, all vehicles and carriers transporting HRCQ of radioactive material are regulated by the U.S. Department of Transportation (DOT) and required to pass the North American Standard Level VI Inspection.
Previously, U.S. Department of Energy (DOE) voluntarily complied with the North American Standard Level VI Inspection Program requirements.
Select radiological shipments include HRCQ of radioactive material as defined by Title 49 CFR 173.403. And, because only a small fraction of transuranics are HRCQ, the U.S. DOE decided to include its transuranic waste shipments in the North American Standard Level VI Inspection Program.
Level VII – Jurisdictional Mandated Commercial Vehicle Inspection
This is an inspection that is a jurisdictional-mandated inspection program that does not meet the requirements of any other level of inspection. An example will include inspection programs such as, but not limited to, school buses, limousines, taxis, shared-ride transportation, hotel courtesy shuttles and other intrastate/intra-provincial operations. These inspections may be conducted by CVSA-certified inspectors, other designated government employees or jurisdiction-approved contractors. Inspector training requirements shall be determined by each jurisdiction. No CVSA decal shall be issued for a Level VII Inspection but a jurisdiction-specific decal may be applied.
Level VIII – North American Standard Electronic Inspection
This electronic inspection must include, where required and/or applicable, a descriptive location, including GPS coordinates; electronic validation of who is operating the vehicle; appropriate driver’s license class and endorsement(s) for vehicle being operated; license status; valid Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate; current driver’s record of duty status; hours-of-service compliance; USDOT or (Canada) NSC number; power unit registration; operating authority; Unified Carrier Registration (UCR) compliance; and federal out-of-service orders.
The North American Standard Level VIII Electronic Inspection is an inspection conducted electronically or wirelessly while the vehicle is in motion without direct interaction with an enforcement officer. To be considered a complete Level VIII Electronic Inspection, a data exchange must include each of the required and/or applicable data points listed in the CVSA North American Standard Level VIII Electronic Inspection definition.
On July 6, FMCSA announced its decision to provisionally renew an exemption for truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) Certificate to operate commercial motor vehicles (CMV) in interstate commerce. The exemption enables interstate CMV drivers who are licensed in Virginia and are subject to the federal SPE certificate requirements to continue to fulfill the federal requirements with a state-issued SPE certificate that qualifies such drivers to operate CMVs in interstate commerce. This renewed exemption is effective from July 8 through July 7, 2025.
Electronic Logging Devices
Livestock and Insect Hauler ELD Exemption
FMCSA announces that, per the fiscal 2020 appropriations bill, livestock and insect haulers are not required to comply with the ELD requirement for the duration of the fiscal 2020 appropriations bill, as well as any subsequent continuing resolutions of the funding bill. The exemption is effective until further notice.
Motion Picture Association of America ELD Exemption
FMCSA announces its decision to renew the Motion Picture Association of America’s (MPAA) five-year exemption from the electronic logging device (ELD) requirements for all commercial motor vehicle drivers providing transportation to or from a theatrical or television motion picture production site. Drivers will still be required to complete paper records of duty status. The exemption is effective Jan. 19, 2023-Jan. 19, 2028.
UPS ELD Exemptions
FMCSA announces its decision to renew an exemption request, originally submitted by United Parcel Services Inc.’s (UPS). The exemption, which applies to all qualified motor carriers, is for a limited 5-year exemption from certain requirements under the electronic logging device (ELD) rule. The exemptions allow (1) all motor carriers and drivers that use portable, driver-based ELDs to record engine data only when the driver is in a commercial motor vehicle and the engine is powered, and (2) all motor carriers to configure an ELD with a yard-move mode that does not require a driver to re-input yard move status every time the tractor is powered off. The exemptions are effective Oct. 21. 2022-Oct. 21, 2027.
Truck Renting and Leasing Association ELD Exemption
FMCSA announces its decision to renew the Truck Renting and Leasing Association’s (TRALA) limited 5-year exemption, which exempts all drivers of property-carrying commercial motor vehicles rented for 8 days or less, regardless of reason, from the requirement to use an electronic logging device (ELD). While operating under this exemption, drivers will remain subject to the standard hours-of-service limits, maintain a paper record of duty status if required, and maintain a copy of the rental agreement on the vehicle. The exemption is effective Oct. 12, 2022-Oct. 12, 2027.
Hours of Service
Cleveland-Cliffs Steel 14 Hour Rule Request
FMCSA announces its decision to grant Cleveland-Cliffs Steal LLC and exemption to allow its drivers to operate for 16-hour on-duty periods. The exemption allows Cleveland-Cliff drivers, that transport scrap metal on two trucks between their production and shipping locations on public roads, to operate for a 16-hour on-duty period and be able to operate the following day without the required 10 consecutive hours off duty. The exemption is effective May 11, 2022-May 11, 2027.
Cleveland-Cliffs Steel 14 Hour Rule Exemption
FMCSA announces its decision to grant Cleveland-Cliffs Steel LLC an exemption from the 14 hour rule. The exemption allows Cleveland-Cliffs’ employee-drivers with commercial driver’s licenses who transport steel coils between their production and shipping locations on public roads to work up to 16 hours per day and return to work with less than the mandatory 10 consecutive hours off duty. The exemption is effective Sept. 23, 2021-Sept. 23, 2026.
AAR and ASLRRA Hours-of-Service Exemption
FMCSA announces the approval of an exemption request from the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA) for exemption from various hours-of-service requirements. Under the exemption, railroad workers responding to unplanned events are permitted to extend the 14-hour duty period to 17 hours and the 60/70 hours on duty in a seven/eight-day work week by up to six hours. The exemption is effective Dec. 23, 2020-Dec. 18, 2025.
SC&RA Oversize/overweight Load 30-minute Rest Break Exemption
FMCSA announces its decision to grant the Specialized Carriers and Rigging Association (SC&RA), an exemption for the transportation of loads that exceed normal weight and dimensional limits. The exemption applies to all oversize-overweight permitted loads whose drivers are not required to comply with the 30-minute rest break rule. The exemption is effective June 18, 2015-June 17, 2025.
Illumination Fireworks Partners and ACE Pyro Hours-of-Service Exemption
FMCSA announces the approval of an exemption application from Illumination Fireworks Partners LP and ACE Pyro LLC that allows the companies’ drivers who are staging fireworks shows to operate after the 14-hour window during the Independence Day period of June 28-July 8 each year. The exemption is effective June 18, 2020-June 18, 2025.
Extreme Logistics HOS Exemption
FMCSA announces the approval of an exemption application from Extreme Logistics LLC allowing the company’s drivers who are staging fireworks shows to exclude sleeper berth and off-duty time from the 14-hour window during the Independence Day period of June 28-July 8 each year. The exemption is effective May 18, 2020-May 19, 2025.
McKee Foods Transportation 8-Hour Sleeper Berth Exemption
FMCSA announces its decision to extend an exemption to McKee Foods Transportation LLC (MFT) from certain provisions of the agency’s hours-of-service (HOS) regulations. MFT proposed that its team drivers be granted an exemption from the HOS rules pertaining to use of a sleeper berth (SB). Current HOS rules require that all SB rest regimens include, in part, the use of an SB for at least eight hours—combined with a separate period of at least two hours, either in the SB, off-duty or some combination of both—to gain the equivalent of at least 10 consecutive hours off duty. The exemption will allow MFT’s team drivers to take the equivalent of 10 consecutive hours off duty by splitting SB time into two periods totaling 10 hours, provided neither of the two periods is less than three hours. The exemption is effective March 27, 2015-April 20, 2025.
NWRA Short-Haul RODS Exemption
FMCSA announces its decision to grant National Waste Recycling Association (NWRA) members an exemption from the short-haul HOS requirements. The exemption allows NWRA member drivers to drive for 14 hours instead of 12 and still operate under the short-haul record of duty status (RODS) exemption. The exemption is effective Nov. 21, 2019-Nov. 21, 2024.
KRD Short-Haul RODS Exemption
FMCSA announces its decision to grant Kimble Recycling and Disposal Inc. (KRD) exemption from the short-haul hours-of-service (HOS) requirements. The exemption allows KRD drivers to drive for 14 hours instead of 12 and still operate under the short-haul record of duty status (RODS) exemption. The exemption is effective Nov. 21, 2019-Nov. 21, 2024.
American Concrete Pumping Association 30-Minute Rest Break Exemption
FMCSA announces its decision to extend the American Concrete Pumping Association (ACPA) an exemption from the 30-minute rest break requirement of the agency’s hours-of-service (HOS) regulations. The exemption allows all concrete pump operators, companies and drivers who operate concrete pumps to count on-duty time while attending equipment but are performing no other work-related activities, toward the 30-minute rest break provision of the HOS regulations. The exemption is effective Oct. 9, 2019-Oct. 9, 2024.
NMSCA HOS Exemption
FMCSA announces its decision to grant the National Mobile Shower and Catering Association (NMSCA) an exemption from various hours-of-service (HOS) requirements. The exemption allows NMSCA’s member drivers to extend the 14-hour duty period to 16 hours, be exempt from the 30-minute rest break requirement and be covered under the eight in 30 days ELD exemption if they operate less than 12 days in a 30-day period. The exemption is effective Oct. 1, 2019-Oct. 1, 2024.
Transco 30-Minute Rest Break Exemption
FMCSA announces its decision to grant Transco Inc. an exemption to allow its drivers to satisfy the 30-minute rest break requirement with 30 minutes of on-duty-not-driving time. The exemption applies to Transco drivers in its grocery division who make wholesale deliveries to grocery and convenience stores. The exemption is effective Aug. 28, 2019-Aug. 28, 2024.
APA Independence Day HOS/ELD Exemption
FMCSA announces its decision to grant exemptions for 32 member companies of the American Pyrotechnics Association (APA) from certain hours of service (HOS) regulations during designated Independence Day periods. The exemptions will allow drivers for these companies to exclude off-duty and sleeper berth time of any length from the calculation of the 14-hour limit and to use paper records of duty status (RODS) in lieu of electronic logging devices (ELDs). These exemptions are effective June 28-July 8, at 11:59 p.m. local time, each year from 2023-2024.
RJR Transportation Short-Haul RODS Exemption
FMCSA announces its decision to grant RJR Transportation Inc. an exemption from the short-haul hours-of-service (HOS) requirements. The exemption allows RJR drivers to drive within 150 air miles of their work reporting location, instead of 100 air miles, and still operate under the short-haul record of duty status (RODS) exemption. The exemption is effective June 7, 2019-June 7, 2024.
WestRock 14 Hour Rule Exemption
FMCSA announces its decision to extend the exemption granted to WestRock, formerly known as RockTenn, for short trips to their loading docks. The WestRock exemption from FMCSA’s 14 hour rule is limited to WestRock drivers operating commercial motor vehicles between WestRock shipping and receiving departments only, on the public road (Compress Street). The “Fixing America’s Surface Transportation Act” (FAST Act) extended the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance. The exemption is effective April 17, 2019-April 16, 2024.
American Concrete Pavement Association 30-Minute Rest Break and Short-Haul RODS Exemption
FMCSA announces its decision to grant the American Concrete Pavement Association an exemption that allows drivers transporting ready-mixed concrete and related materials and equipment in vehicles other than those equipped with rotating mixer drums, to use 30 minutes of on-duty “waiting time” to satisfy the 30-minute rest break requirement. Additionally the exemption allows these drivers to return to their work reporting location within 14 hours, instead of 12 hours, and still utilize the short-haul record of duty status (RODS) exemption. The exemption is effective Feb. 6, 2019-Feb. 6, 2024.
Mobile Cranes (SC&RA) 30-Minute Rest Break Exemption
FMCSA announces its decision to grant the Specialized Carriers and Rigging Association (SC&RA) an exemption from the 30-minute rest break requirement of the agency’s hours-of-service regulations for all qualifying motor carriers and drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons. The exemption is effective Nov. 1, 2016-Nov. 1, 2023.
American Concrete Pumping Association Short-Haul RODS Exemption
FMCSA announces the decision to grant the American Concrete Pumping Association’s (ACPA) exemption request. The exemption allows concrete pump operators, concrete pumping companies and drivers who operate concrete pumps to return to their work reporting location within 14 hours, instead of 12 hours, and still utilize the short-haul record of duty status (RODS) exemption. The exemption is effective Nov. 1, 2018-Oct. 31, 2023.
Waste Management Holding Inc. Short-Haul RODS Exemption
FMCSA announces the decision to grant Waste Management Holding Inc.’s (WMH) exemption request. The exemption allows all WMH drivers who collect waste and recycled materials to return to their work reporting location within 14 hours, instead of 12 hours, and still utilize the short-haul record of duty status (RODS) exemption. The exemption is effective Oct. 22, 2018-Oct. 22, 2023.
DOD/SDDC 30-Minute Rest Break Exemption
FMCSA announces its decision to extend the exemption from the minimum 30-minute rest break provision of the agency’s hours-of-service (HOS) regulations for commercial motor vehicle drivers working under contract to the U.S. Department of Defense’s (DOD) Military Surface Deployment and Distribution Command (SDDC). The exemption will enable SDDC’s contract motor carriers and their employed drivers engaged in the transportation of weapons, munitions and sensitive classified cargo to have the same regulatory flexibility provided for drivers transporting explosives. The exempted drivers will be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements, providing they do not perform any other work during the break. The exemption is effective Oct. 20, 2017-Oct. 21, 2023.
NTTC/MTA 30-Minute Rest Break Exemption
FMCSA announces its decision to grant an exemption from the minimum 30-minute rest break provision of the agency’s hours-of-service (HOS) regulations for commercial motor vehicle drivers engaged in the transportation of specified types of petroleum-based fuels who would otherwise have to observe the rest break when their duty day unexpectedly exceeds 12 hours. The exemption is effective April 9, 2018-April 10, 2023.
Parts and Accessories Necessary for Safe Operation
Pi Variables’ Use of Pi-Lit Smart Sequential Road Flares
On June 22, FMCSA announced its decision to grant a limited five-year exemption to Pi Variables Inc. to allow pi-lit® smart sequential (LED) road flares to be deployed when CMVs are stopped on the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops. This exemption is effective June 27, 2023-June 27, 2028.
Daimler Coaches’ Driver Assistance Camera Exemption
FMCSA announces its decision to grant Daimler Coaches North America LLC’s application for a limited five-year exemption to allow its driver assistance camera technology device to extend beyond the current mounting location limits in the lower area of the windshield on Tourrider commercial motorcoaches. The exemption is effective June 27, 2023-June 22, 2028.
TowMate Use of Rechargeable Wireless Stop, Turn and Tail Lighting Systems Exemption
FMCSA announces its decision provisionally to renew TowMate LLC’s application for a limited five-year exemption to allow motor carriers to operate rechargeable wireless temporary stop, turn and tail lighting systems during temporary towing operations. Under the Federal Motor Carrier Safety Regulations (FMCSRs), all required lamps, with the exception of battery-powered lamps used on projecting loads, must be powered by the electrical system of the motor vehicle. The agency has determined that use of rechargeable wireless temporary stop, turn and tail lighting systems during temporary towing operations would not have an adverse impact on safety, and use of these systems under the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. This decision is consistent with an August 2005 amendment to the FMCSRs to allow battery powered lamps on the rear of projecting loads. The exemption is effective Feb. 9, 2023-Feb. 9, 2028.
Rosco Vision Rear-Vision Mirrors Exemption
FMCSA announces its decision to grant an exemption request from Rosco Vision Inc. to allow motor carriers to operate commercial motor vehicles equipped with the company’s commercial vehicle digital mirror system instead of two rear-vision mirrors as required by the FMCSRs. The exemption is effective Dec. 4, 2022-Dec. 4, 2027.
Ford Motor Company Exhaust System Exemption
FMCSA announces its decision to renew an exemption to allow motor carriers to operate Ford’s transit-based commercial motor vehicles that do not meet the exhaust system location requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption is effective Aug. 16, 2022-Aug. 16, 2027.
Institute of Towing and Recovery Securement Ties Exemption
FMCSA announces its decision to renew the International Institute of Towing and Recovery’s (IITR) exemption allowing its operators to secure cars, trucks and vans using four tiedowns, two of which are fixed and two adjustable, rather than using two adjustable tiedowns. The exemption is effective May 17, 2022-May 17, 2027.
Metal Coils on a Flatbed Exemption
FMCSA announces its decision to renew the Flatbed Carrier Safety Group’s exemption, which allows the securement of metal coils on a flatbed vehicle, in a sided vehicle or in an intermodal container loaded with eyes crosswise, grouped in rows, in which the coils are loaded to contact each other in the longitudinal direction. The exemption is effective April 13, 2022-April 13, 2027.
Waste Management Rear Lamp Exemption
FMCSA announces approval of an exemption request from Waste Management Inc., allowing its commercial motor vehicles to operate with amber and red brake-activated pulsating lamps on the rear of the vehicles. The exemption is effective Jan. 20, 2022-Jan. 20, 2027.
Complete Innovations Windshield Mounting Exemption
FMCSA announces approval of an exemption request from Complete Innovations Inc., allowing its Vision 2.0 device to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Jan. 20, 2022-Jan. 20, 2027.
Loomis Armored US Driver and Passenger Door Exemption
FMCSA announces approval of an exemption request from Loomis Armored US LLC to allow the driver and passenger doors on the cabs of its specialized armored vehicles to be welded shut. Loomis intends to add two new doors behind the cab. The exemption is effective Oct. 18, 2021-Oct. 13, 2026.
FTS Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from Forward Thinking Systems LLC (FTS), allowing its FleetCam system to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Oct. 18, 2021-Oct. 13, 2026
EROAD Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from EROAD Inc., allowing its Dashcam device to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Oct. 18, 2021-Oct. 13, 2026.
Cleveland-Cliffs Heavy Hauler Trailer Definition Exemption
FMCSA announces its decision to grant Cleveland-Cliffs LLC an exemption which allows them to use coil carriers that do not meet the ‘‘heavy hauler trailer’’ definition, height of rear side marker lights restrictions, tire loading restrictions, or the coil securement requirements. The exemption is effective Sept. 23, 2021-Sept. 23, 2026.
Bendix Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from Bendix Commercial Vehicle Systems LLC, allowing its advanced driver assistance systems technology to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective April 6, 2021-April 6, 2026.
Netradyne Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from Netradyne Inc., allowing its Driveri dash cam to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Dec. 18, 2020-Dec. 15, 2025.
K & L Cargo Securement Exemption
FMCSA announces the approval of an exemption request from K & L Trucking Inc. to allow the company to secure large metal coils to its trailers using a cargo securement system that differs from that required by the Federal Motor Carrier Safety Regulations. The exemption is effective Dec. 4, 2020-Dec. 3, 2025.
Grote Rear Lamp Exemption
FMCSA announces the approval of an exemption request from Grote Industries LLC, allowing motor carriers operating trailers and van body trucks to install amber brake-activated pulsating lamps on the rear of the vehicles. The exemption is effective Dec. 7, 2020-Dec. 2, 2025.
- J. Keller Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from J. J. Keller & Associates Inc., allowing its advanced driver assistance system’s camera to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Nov. 24, 2020-Nov. 24, 2025.
Samsara Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from Samsara Networks Inc., allowing Samsara’s AI Dash Cam device to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Oct. 28, 2020-Oct. 28, 2025.
Nauto Windshield Mounting Exemption
FMCSA announces the approval of an exemption request from Nauto Inc., allowing Nauto’s multi-sensor device to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Oct. 9, 2020-Oct. 9, 2025.
NTTC Rear Lamp Exemption Request
FMCSA announces the approval of an exemption request from the National Tank Truck Carriers Inc. (NTTC), allowing motor carriers operating tank trailers to install a red or amber brake-activated pulsating lamp on the rear of the trailers. The exemption is effective Oct. 8, 2020-Oct. 8, 2025.
Bosch and Mekra Lang Rear-Vision Mirrors Exemption
FMCSA announces the approval of an exemption application from Robert Bosch LLC and Mekra Lang North America LLC to allow motor carriers to operate commercial motor vehicles equipped with the companies’ commercial vehicle digital mirror system instead of two rear-vision mirrors as required by the FMCSRs. The exemption is effective Sept. 17, 2020-Sept. 17, 2025.
CMW Gravity or Syphon-Fed Fuel Systems Prohibition Exemption
FMCSA announces the approval of an exemption application from Charles Machine Works Inc. (CMW) for exemption from prohibition on the use of gravity or syphon-fed fuel systems for auxiliary equipment installed on, or used in connection with, commercial motor vehicles. The exemption allows CMW’s commercial motor vehicles to utilize these fuel systems only when parked. The exemption is effective Sept. 16, 2020-Sept. 16, 2025.
IANA Qualified Inspector Exemption
FMCSA announces the approval of the Intermodal Association of North America’s (IANA)’s request for exemption from the training requirements for individuals certified to conduct periodic inspections and qualified brake system inspections. The exemption allows individuals who have completed a training program consistent with the intermodal recommended practices developed by IANA to be considered qualified for the respective inspection programs. The exemption is effective Aug. 18, 2020-Aug. 18, 2025.
Adirondak Transit Lines, Pine Hill Kingston Bus Corp. and Passenger Bus Corp. Commercial Motor Vehicle Marking Rules Exemption
FMCSA announces the approval of a joint exemption request from Adirondack Transit Lines Inc., Pine Hill Kingston Bus Corp. and Passenger Bus Corp., allowing their passenger carrying commercial motor vehicles to operate without the required display of the motor carrier name and U.S. DOT number. The exemption is effective June 1, 2020-May 28, 2025.
Laydon Composites Rear Identification and Clearance Lamp Placement Exemption
FMCSA announces the approval of an exemption request from Laydon Composites Ltd., allowing motor carriers utilizing Laydon’s OptiTailTM aerodynamic device to have lamps lower than currently allowed. The exemption is effective May 18, 2020-May 19, 2025.
Lytx Windshield Mounting Exemption Request
FMCSA announces approval of Lytx Inc.’s exemption application. The exemption allows Lytx’s advanced driver assistance systems (ADAS) to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The original exemption was corrected by FMCSA to clarify that the ADAS can be mounted 8 inches below the upper edge of the windshield wipers. The exemption is effective May 21, 2020-May 18, 2025.
Vision Systems North America Mirror Exemption
FMCSA announces approval of Vision Systems North America Inc.’s five-year limited exemption that allows motor carriers to utilize the company’s Smart-Vision system instead of two rear-vision mirrors. The exemption is effective Jan. 15, 2020-Jan. 15, 2025.
Navistar Windshield Mounting Exemption
FMCSA announces approval of Navistar Inc.’s exemption application. The exemption allows Navistar’s advanced drivers-assistance systems cameras to be mounted on the windshield lower than is currently allowed. The exemption is effective Nov. 25, 2019-Nov. 25, 2024.
Groendyke Transport Amber Brake-Activated Pulsating Lamp Exemption
FMCSA announces approval of Groendyke Transport exemption application. The exemption allows Groendyke Transport to use amber brake-activated pulsating lamps on the rear of its trailers in addition to the required steady burning brake lamps. The exemption is effective April 26, 2019-April 26, 2024.
SmartDrive Windshield Mounting Exemption
FMCSA announces approval of SmartDrive System Inc.’s exemption application. The exemption allows Smart Drive’s advanced drivers-assistance systems cameras to be mounted on the windshield lower than is currently allowed. The exemption is effective April 15, 2019-April 15, 2024.
AFTC of ATA Cargo Securement Exemption
FMCSA announces approval of an exemption application from the Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (ATA). The exemption allows for alternative methods of securement of agricultural commodities transported in wood and plastic boxes, large fiberglass tubs and large grouped bales. Motor carrier operating under the exemption must use an approved alternate securement method for wooden boxes/plastic bins and large grouped bales. The exemption is effective April 15, 2019-April 15, 2024.
Stinger-Steered Automobile Transporter Warning Flags Exemption
FMCSA announces approval of the Automobile Carriers Conference of ATA’s five-year limited exemption that allows motor carriers operating stinger-steered automobile transporter equipment to operate with projecting loads of new and used motor vehicles, without warning flags. The exemption is effective Feb. 15, 2019-Feb. 15, 2024.
Stoneridge Mirror Exemption
FMCSA announces approval of Stoneridge Inc.’s five-year limited exemption that allows motor carriers to utilize the company’s Mirror Eye Camera Monitoring System instead of two rear-vision mirrors. The exemption is effective Feb. 21, 2019-Feb. 13, 2024.
Castigonli Sleeper Berth Exemption
FMCSA announces approval of Castigonli Enterprises’ five-year limited exemption, allowing a sleeper berth to be installed in the bed of Ford F-350 pickup trucks that are considered commercial motor vehicles when pulling certain trailers. The exemption is effective Oct. 19, 2018-Oct. 19, 2023.
Traditional Trucking Corporation GPS Exemption
FMCSA announces approval of the Traditional Trucking Corporation’s application for a five-year exemption for global positioning system (GPS) mounting. This exemption allows all commercial motor vehicle operators to mount a GPS within the vehicle safety technology area of the windshield. The exemption is effective Aug. 22, 2018-Aug. 22, 2023.
Qualification of Driver’s License Standards
Stevens Transport CLP Exemption
FMCSA announces its decision to grant the Stevens Transport, Inc. (Stevens) request for an exemption from the requirement that a commercial learner’s permit (CLP) holder be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. The exemption allows a CLP holder who has passed the skills test but not yet received the CDL document to drive a Stevens commercial motor vehicle (CMV) accompanied by a CDL holder who is not necessarily in the passenger seat, provided the driver has documentation of passing the skills test. FMCSA has analyzed the exemption application and public comments and determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The exemption is effective Dec. 28, 2022-Dec. 28, 2027.
UPS CLP Exemption
FMCSA announces its decision to grant the United Parcel Service Inc.’s (UPS) request for an exemption that allows UPS to conduct behind-the-wheel training for commercial learner’s permit (CLP) holders in twin 28-foot trailers, rather than waiting to conduct the training after the individuals receive their Class A CDLs and pass the required knowledge test to obtain the double/ triple trailer endorsement on their CDLs. The exemption is effective Sept. 28, 2022-Sept.28, 2027.
New Prime Inc. CLP Exemption
FMCSA announces its decision to renew the New Prime Inc. exemption from the provisions that require a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle for New Prime without being accompanied by a CDL holder in the front seat. The exemption is effective June 28, 2022-June 27, 2027.
C.R. England Inc. CLP Exemption
FMCSA announces its decision to renew the C.R. England Inc. exemption from the provisions that require a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle for C.R. England without being accompanied by a CDL holder in the front seat. The exemption is effective June 13, 2022-June 12, 2027.
Recreational Vehicle CDL Exemption
FMCSA announces its decision to grant an exemption from the federal commercial driver’s license (CDL) requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles (RVs) to dealers or trade shows before retail sale (driveaway operations). Drivers engaged in driveaway deliveries of RVs with gross vehicle weight ratings of 26,001 pounds or more will not be required to have a CDL as long as the empty RVs have gross vehicle weights or gross combination weights that do not meet or exceed 26,001 pounds, and any RV trailers towed by other vehicles weigh 10,000 pounds or less. RV units that have a combined gross vehicle weight exceeding 26,000 pounds are not covered by the exemption. The exemption is effective April 6, 2022-April 6, 2027.
Wilson Logistics CDL Exemption
FMCSA announces the approval of an exemption request from Wilson Logistics, allowing its commercial learner’s permit (CLP) holders who have passed the CDL skills test but have not yet obtained the CDL document to operate a commercial motor vehicle without having a CDL holder in the passenger seat. The exemption is effective Feb. 23, 2021-Feb. 23, 2026.
Knight-Swift Driver Qualification Files Exemption
FMCSA announces the approval of an exemption request from Knight-Swift Transportation Holdings Inc., allowing the company to rely on the motor vehicle record of its drivers holding a commercial driver’s license as proof of the driver’s medical qualifications when the driver undergoes an exam during the initial period of employment. The exemption is effective Dec. 4, 2020-Nov. 4, 2025.
MPCS Drug and Alcohol Clearinghouse Pre-Employment Screening Exemption
FMCSA announces the approval of an exemption request from Motion Picture Compliance Solutions (MPCS), allowing MPCS member companies to only perform a limited query of the Drug and Alcohol Clearinghouse before hiring employees for safety-sensitive functions. The exemption is effective June 1, 2020-May 28, 2025.
National School Bus Transportation Association CDL Exemption
FMCSA announces its decision to grant the National School Transportation Association (NSTA) request for an exemption from the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known as the “under-the hood” testing requirement, for commercial driver’s license (CDL) applicants seeking a school bus endorsement. Drivers issued a CDL pursuant to the requested exemption would be restricted to the intrastate operation of school buses only. FMCSA also grants an exemption from the requirement that states administer this portion of the pre-trip vehicle inspection test in accordance with an FMCSA pre-approved examiner information manual. The exemption is effective Nov. 27, 2022-Nov. 27, 2024.
U.S. Custom Harvester Inc.’s CDL Exemption
FMCSA announces the decision to grant U.S. Custom Harvesters Inc.’s exemption request. The exemption allows custom harvester drivers with a “K” restriction on their CDL to operate in interstate commerce. The exemption is effective Oct. 3, 2018-Oct. 3, 2023.
CRST CLP Exemption
FMCSA announces its decision to renew the CRST Expedited (CRST) exemption from the regulation that requires a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for CRST without being accompanied by a CDL holder in the front seat of the vehicle. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility as CRST team drivers with CDLs. The exemption is effective Sept. 23, 2018-Sept. 24, 2023.
State-Specific Exemptions
Alaska CDL Skills Test and ELDT Exemption
FMCSA announces its decision to grant a two-year exemption to the State of Alaska from the limitations imposed by the commercial driver’s license (CDL) regulations on the state’s ability to issue restricted CDLs. The exemption allows the state to waive specified portions of the CDL skills test for drivers in 14 defined geographical areas that lack infrastructure to allow completion of the full skills test. Drivers who receive a restricted CDL under the provisions of this exemption are also exempt from the Entry-Level Driver Training (ELDT) regulations. The exemption is effective Dec. 28, 2022-Dec. 30, 2024.
Virginia DMV Exemption from the Skills Performance Evaluation
FMCSA announces its decision to renew the Virginia Department of Motor Vehicles (DMV) exemption on behalf of truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) certificate from FMCSA to operate commercial motor vehicles in interstate commerce. The exemption enables interstate CMV drivers who are licensed in Virginia and are subject to the federal SPE requirements to continue to fulfill the federal requirements with a state-issued SPE and to operate commercial motor vehicles in interstate commerce anywhere in the United States. The exemption is effective July 8, 2023-July 7, 2025.
NHTSA FMVSS Exemptions
Autocar Low Brake Air Pressure Telltale Exemption
The National Highway Traffic Safety Administration (NHTSA) announces its decision to grant Autocar an exemption from Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar Xspotter and Xpediter trucks model year 2014-2018 display the words “Brake Pressure” along with a symbol specific to the Canadian Motor Vehicle Safety Standard, not the words “Air Brake” as required by FMVSS No. 101. All Autocar Xspotter and Xpediter trucks with model year 2014-2018, manufactured between Sept. 12, 2013 and Aug. 4, 2017, are exempt from this safety standard. This exemption is permanent and was effective June 27, 2018.
Recently Expired Exemptions
STEMCO Lamp Exemption
FMCSA issues notice granting STEMCO LP’s (STEMCO) application for a limited five-year exemption to allow motor carriers to operate certain commercial motor vehicles that are equipped with STEMCO’s TrailerTail® aerodynamic device with rear identification lamps and rear clearance lamps that are mounted lower than currently permitted by the agency’s regulations. The exemption is effective Feb. 14, 2018-Feb.14, 2023.
Daimler Trucks Windshield Mounted Camera Exemption
FMCSA announces its decision to grant Daimler Trucks North America LLC’s (DTNA) application for a limited 5-year exemption allowing motor carriers operating commercial motor vehicles manufactured by the company to use an Attention Assist and Lane Departure Warning system camera mounted lower in the windshield than is currently permitted. The exemption is effective Feb. 1, 2018-Jan. 31, 2023.
National Asphalt Pavement Association HOS Exemptions
FMCSA announces its decision to grant two exemption requests to the National Asphalt Pavement Association. The first exemption will enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ‘‘waiting time’’ to satisfy the requirement for the 30-minute rest break, provided they do not perform any other work during the break. The second exemption will allow these drivers to use the short-haul exception but return to their work reporting location within 14 hours instead of the usual 12 hours.. The exemption is effective Jan. 26, 2018-Jan. 25, 2023.
Rail Delivery Services HOS Exemption
FMCSA announces its decision to grant an exemption request, originally submitted by Rail Delivery Services, Inc. The exemption applies to drivers who may not qualify for the 100 air-mile radius log book exemption. Company drivers who stay within the 100 air-mile radius, but may occasionally take more than 12 hours to return to their work-reporting location, are exempt from having to complete a daily record of duty status on those days. Instead, the drivers will use an electronic logging device (ELD) at all times to track all hours-of-service data. The exemption is effective Nov. 14, 2017-Nov. 14, 2022.
Hino Motors Windshield Mounted Camera Exemption
FMCSA announces its decision to grant Hino Motors Manufacturing U.S.A., Inc.’s (Hino) application for a limited 5-year exemption allowing motor carriers operating commercial motor vehicles manufactured by the company to use an Automated Emergency Braking system and a Lane Departure Warning system camera mounted in the windshield area at a height lower than currently allowed. The exemption was effective Aug. 3, 2017-Aug. 3, 2022.
Daren Hansen
With the COVID-19 pandemic waning, on-site DOT audits are roaring back and hitting motor carriers’ bottom lines. Are you prepared?
The Federal Motor Carrier Safety Administration (FMCSA) relied heavily on off-site audits during the height of the pandemic and its need for social distancing. But last year brought a resurgence in traditional on-site investigations, which were up a whopping 54% over the prior year.
The Closer They Look, The More They Find
With more auditors going on-site, it’s no surprise they’re finding more violations — and issuing more fines and penalties. Last year saw a 40-percent jump in fines paid, and a similar rise in audits that uncovered the most serious types of violations.
Only about 5 percent of motor carriers escape an audit without a violation. So are you ready for that knock on the door? If not, it’s time to prepare for a DOT investigation of your compliance program.
And if you think you’re too small to be targeted, think again. Over half of all audits in 2022 (54%) were on companies with fewer than seven power units. About 97 percent of those audited had fewer than 100 units.
A Rebalancing
2020 saw a steep rise in off-site “desk audits” performed at the DOT’s offices. In fact, there were more off-site audits that year than on-site for the first time.
The easing of the pandemic has brought a rebalancing. Though many audits (about 27 percent last year) were conducted off-site, auditors are returning to the field. In 2022, the FMCSA and its state partners performed 12,500 investigations, including roughly:
- 3,600 on-site comprehensive audits (up 54%)
- 5,400 on-site focused reviews (up 7%)
- 3,400 off-site audits (down 31%)
An off-site audit involves a review of documents sent to the auditor. By nature, they’re less intensive than an on-site investigation, where the auditor has more freedom to conduct interviews, inspect vehicles, request documents, and take the audit in new directions.
Over 40 percent of audits were “on-site focused,” where the auditor targets a specific safety problem, such as hours of service (HOS) or driver files.
Penalties are Up
As noted, an increase in on-site audits means more violations are being found, and higher penalties are being paid. Last year saw a 10-percent rise in investigations that led to some type of enforcement.
When fines are levied, they are higher than ever. The maximum fines the FMCSA is allowed to levy are tied to inflation and have increased by 14 percent over the past two years.
2022 By the Numbers
- 95% of audits resulted in at least one violation
- 27% resulted in fines or other penalties
- 3,620 enforcement cases were finalized (up 31%)
- $25,700,000 in fines were collected (up 40%)
- $7,100 was paid per settlement, on average (up 7%)
- 47% of audits resulted in acute or critical violations (up 24%)
o 30% of audits resulted in critical violations (up 15%)
o 17% of audits resulted in acute violations (up 39%)
- 36% of audits resulted in a less-than-satisfactory safety rating
o 30% were conditional
o 6% were unsatisfactory
Audits are hitting motor carriers on the bottom line. However, they also have longer-range impacts, given that a less-than-satisfactory safety rating can lead to lost customers, higher insurance rates, and increased liability in court.
Top 5 FMCSA fines of 2022
- $791,640 — CDL and HOS violations
- $91,620 — HOS violations
- $88,450 — log falsification
- $75,080 — drug/alcohol testing, HOS, and vehicle violations
- $72,300 — HOS violations
It’s All About Your Records
The state of your documentation will make or break your audit results. If you’re unsure where to begin preparing for an audit, getting your DOT-mandated paperwork in good shape is a great place to start. Sixty-four percent of all critical violations found during audits last year related to recordkeeping, including 7 out of the top 10.
Why does it matter?
Consider one of the FMCSA’s favorite targets: false logs. If an auditor finds that just 1 in 10 of your drivers’ logs are falsified, the best you can hope for is a Conditional safety rating. If additional problems are found, you could easily end up having your vehicle operations shut down for good.
Top 10 audit violations of 2022 that could affect your safety rating*
- Failing to follow local laws and regulations (§392.2)
- Falsifying records of duty status
- Not using the correct method to record hours
- Using a driver before getting pre-employment drug test results
- Violating the 14-hour on-duty limit
- Violating the 11-hour driving limit
- Failing to keep initial MVRs
- Failing to inspect vehicles annually
- Failing to keep driver qualification files
- Driving with a suspended/revoked CDL
*These are the most commonly found “acute” and “critical” regulations, which are the ones used to calculate safety ratings.
Digital is Critical
No matter what type of audit you might face, you may be asked to submit records electronically on short notice. If you can’t, you’ll be at a disadvantage.
For more and more companies and auditors alike, digital records management is no longer a novelty — it’s expected. The more organized and digitized your DOT records are, the easier you can spot problems before an auditor does, and the quicker any audit will conclude.
Where should you focus your efforts? Your driver qualification, drug/alcohol testing, HOS, and vehicle inspection/maintenance files should top the list — most acute and critical regulations fall into those areas. You may also be asked for proof of insurance, an accident register, and other compliance documents.
Your documentation is often your only proof of compliance. If you fail to create a record or toss one out too soon, you’ll have no way to prove you were doing what’s required.
