Latest news with #FMCSRs
Yahoo
2 days ago
- Automotive
- Yahoo
How to keep DQ files audit-ready
Qualifying drivers requires navigating complex Federal Motor Carrier Safety Regulations (FMCSRs). Doing this correctly is critical, as non-compliant driver qualification files can result in substantial audit fines and serve as a basis for negligence claims in post-crash litigation. Maintaining audit-ready DQ files isn't just about regulatory compliance—it's essential for protecting your business from financial and reputational damage. Since COVID restrictions have been lifted, FMCSA has prioritized face-to-face audits. After almost two years of increased remote evaluations, on-site screenings have skyrocketed. These comprehensive audits have more than doubled, jumping from nearly 2,000 in 2020 to over 4,400 in 2024. Additionally, FMCSA has increased record-keeping penalties to $1,544 per day, with a maximum penalty of $15,445. This shift is important for carriers to be aware of, as onsite audits are typically more thorough and detailed. Some violations detected during audits are so severe that even a single instance requires immediate corrective action. According to FMCSA's Analysis and Information Online, the most common acute violations regarding driver qualification include: Using a driver with a suspended CDL, disqualified status or multiple CDLs Allowing a driver with more than one CDL to operate a CMV Driving a CMV while disqualified Using an unqualified driver showing as Prohibited on the MVR Using a physically unqualified driver While these acute violations require immediate and specific action, critical violations represent broader issues with the company's recordkeeping and compliance efforts. These violations can add up to create liability issues and downgraded safety ratings. Common critical violations include: Driver applications that are missing, incomplete or non-compliant Lacking documentation of safety performance history from all DOT-regulated employers from the previous three years Motor vehicle records (MVRs) showing drivers not properly licensed for assigned vehicles (wrong class, missing endorsements, restricted/suspended/revoked licenses) When accidents happen, plaintiff attorneys will immediately look into the involved company's safety record. Hiring drivers with questionable safety histories or failing to follow FMCSRs will become the focus of litigation, stacking the deck against the carrier. In order to avoid this outcome, carriers must fulfill their duty to employ qualified and safe drivers. The American Transportation Research Institute's 2022 study, 'Understanding the Impact of Nuclear Verdicts on the Trucking Industry,' found that both defense and plaintiffs' attorneys agree on three key factors for protecting carriers from nuclear verdicts: Crash avoidance is paramount, meeting and exceeding regulations is essential and strict adherence to company policies is critical. 'Don't make it easy for plaintiff's attorneys. They are experts in every aspect of DQ files or they hire experts to find inconsistent execution of policies or blatant non-compliance. Carriers need their own experts to stay defendable,' says Mark Schedler, J. J. Keller's Senior Editor of Transport Management. Headline-making crashes can severely damage a company's reputation and ability to secure future business. Details about what contributed to a crash often become public knowledge. Media coverage of poor hiring practices can result in customers losing trust and wanting to avoid vicarious liability, including being sued because of a carrier's crash while hauling their goods. A comprehensive DQ Checklist should focus on keeping only FMCSA-required driver qualification documents in the file whenever possible. Files are easier to audit when they contain only necessary documentation. Non-required or 'nice to have' documents only add clutter and should be stored elsewhere with appropriate security protocols. 'Nice to have' documents include qualification checklists, documents certifying the driver agrees to follow certain rules, statements of on-duty time and training records for non-required training. While these documents may provide additional information, they should be stored separately from the official DQ file to maintain clarity and compliance focus. 'I am a backpacker with 25 plus years of experience who goes into the wilderness with everything I need to stay safe. I use a checklist for every trip, and I recommend that carriers do the same for every DQ file,' noted Schedler. This checklist created by J. J. Keller includes permanent FMCSA-required items for all drivers, recurring items and those applicable only to drivers operating vehicles requiring a CDL, as well as optional best practices. 'If you are looking at using a third-party expert, J. J. Keller's Managed Services team has an over 160-item checklist that they use to keep DQ files audit ready. That goes a long way to staying defendable,' according to Schedler. While FMCSA allows an acquiring company to accept DQ files from the acquired company, a company won't know what violations they are inheriting without conducting a full audit of these files. Missing or incomplete records could also lead to penalties or legal consequences. The acquiring company assumes responsibility for any deficiencies—even if the violations occurred under previous ownership. Being unaware of compliance gaps creates significant risk if an unqualified driver operates a CMV and becomes involved in a crash, regardless of fault. When moving employees from warehouse or other non-DOT regulated positions to CMV driving roles, companies often miss critical requirements like obtaining a DOT-compliant application per 391.21. These oversights can lead to serious violations and potential liability. Drivers with breaks in employment require new DQ files with updated documentation, though some existing documents may be reused. Carriers must accurately determine whether a driver is a rehire or simply returning from extended time off to ensure proper documentation is maintained. By understanding these common risk scenarios and implementing thorough checklist procedures, carriers can maintain audit-ready DQ files that not only satisfy regulatory requirements but also provide protection against costly fines, litigation and reputational damage. Investing in proper driver qualification management today prevents significant problems tomorrow. The post How to keep DQ files audit-ready appeared first on FreightWaves.
Yahoo
28-04-2025
- Automotive
- Yahoo
Trump's Executive Order For Trucking Revives a Rule Nearly 90 Years Old
In 2025, the national conversation around English proficiency and trucking safety resurfaced with new intensity. Two executive orders, signed by President Donald Trump, renewed emphasis on English language requirements, both at a cultural level and at the level of commercial motor vehicle operations. On March 1, an executive order formally designated English as the official language of the United States. It revoked Executive Order 13166, which had promoted multilingual government services since the Clinton administration. On April 28, a second executive order targeted the commercial trucking sector. It directed the Department of Transportation to reinstate stronger enforcement of existing federal regulations requiring truck drivers to read, speak and communicate effectively in English. The order authorized federal and state roadside inspectors to once again place drivers out of service if they are unable to meet the English proficiency standards. Although the executive actions have generated considerable attention, the core requirement for English proficiency among truck drivers has been law for nearly 90 years. The requirement for English proficiency in commercial motor vehicle operations dates back to July 1937, when the Federal Motor Carrier Safety Regulations (FMCSRs) were established. Under 49 CFR §391.11(b)(2), drivers must be able to 'read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.' For decades, roadside inspectors have cited drivers for violating this rule, with the authority to place noncompliant drivers out of service. By 2014, English proficiency violations were a routine part of commercial enforcement activities across the United States. That year alone, inspectors issued more than 101,000 English proficiency violations. Over 4,000 drivers were placed out of service for failing to meet the standard. In 2014, during the Obama administration, the Commercial Vehicle Safety Alliance (CVSA) partnered with the Federal Motor Carrier Safety Administration to reclassify the enforcement of the English proficiency rule. While the regulation itself remained intact, inspectors were instructed not to place drivers out of service solely for English language deficiencies. Drivers could still be cited, but they were allowed to continue operating their vehicles. After the memo took effect, English proficiency violations dropped sharply, with enforcement data showing only 7,800 to 10,000 citations issued annually between 2017 and 2024. No drivers were automatically placed out of service during that period for English violations. This shift effectively weakened the practical enforcement of a rule that remained formally required under federal law. The first of the two 2025 executive orders emphasized English as a cultural and governmental standard, encouraging unity, civic engagement and consistency across federal agencies. The second specifically returned focus to trucking safety and operational communication. It instructed the DOT to update roadside enforcement policies, allowing drivers to once again be placed out of service if they cannot communicate adequately in English. Transportation Secretary Sean Duffy has been tasked with overseeing the update to inspection protocols and ensuring compliance with the revised enforcement approach. The White House framed both orders as efforts to promote road safety, operational efficiency and shared civic values. Supporters of the executive orders argue that the ability to read and understand road signs, respond to safety officials and navigate emergencies in English is fundamental to public safety. Groups like the Owner-Operator Independent Drivers Association have voiced strong support, citing the need for clear communication among drivers, enforcement personnel and the motoring public. Advocates further note that language barriers can contribute to delays during inspections, misunderstandings in critical situations and difficulties in post-crash investigations. Critics, however, caution that while English proficiency is important, it does not address the more urgent safety challenges facing modern trucking. Some argue that the executive orders focus regulatory attention on a requirement that has long existed rather than addressing gaps that continue to impact crash rates and fleet safety outcomes. Among the critical issues cited by safety advocates: Continuous license monitoring is not universally mandated across fleets, leaving gaps in notification of suspended or revoked commercial licenses. Thirteen states, including Arkansas, still allow beginner teen drivers to obtain a driver's license without completing behind-the-wheel training hours. A few years later, they're getting a commercial drivers license. Distracted driving remains a growing threat, with federal regulations lagging behind advances in mobile technology. Drug and alcohol testing, while federally required, still faces compliance challenges and inconsistencies in enforcement. Hair follicle testing is a great example. Industry experts also raise concerns about the subjectivity of roadside enforcement. Determining sufficient English proficiency can be highly discretionary, potentially leading to inconsistent or inequitable outcomes across different jurisdictions. Recent high-profile crashes highlight the complexity of highway safety challenges that extend beyond language proficiency. In Colorado, a crash involving commercial driver Ignacio Cruz-Mendoza resulted in multiple fatalities along U.S. Highway 285. Mendoza was alleged to have been operating without a valid commercial driver's license and had prior offenses on record. In that case, language was not the primary contributing factor. Licensing compliance, training adequacy and operational fitness were the deeper issues. Similar incidents across the country emphasize that failures in training, oversight and risk management, not language alone, remain primary contributors to preventable tragedies on the highway. There is no question that the ability to communicate clearly in English is essential for truck drivers operating on American roads. Reading signage, responding to official inquiries and managing emergencies safely depend on basic language proficiency. The emphasis on again enforcing a rule that has existed since 1937 has raised questions about regulatory priorities. While it is essential to reestablish clear enforcement guidelines, many in the industry argue that broader challenges, such as improved driver training, real-time compliance monitoring and enhanced sobriety initiatives, deserve equal, if not greater, attention. The commercial vehicle safety landscape requires solutions grounded in comprehensive preparation, risk control and operational excellence, regardless of language. Truck drivers move America's economy. The policies that govern them must be as practical, forward-thinking and evidence-based as the industry itself. The post Trump's Executive Order For Trucking Revives a Rule Nearly 90 Years Old appeared first on FreightWaves.
