RESOURCES

regulations

Phoenix360 understands following federal and state regulations is not just the law but vital to the well-being and success of your drivers, business and reputation. We have provided resources below that are relevant to your business.

Checklists & Templates

Read about our custom Checklists and Templates for Start up Trucking Companies to use as a powerful tool for staying on track and getting you moving quicker.

Complete the “Request a Checklist or Template” form for a copy of these free, no obligation documents.

Starting a New Trucking Company Checklist

Starting a new trucking company is more challenging than most first-time entrepreneurs may anticipate. It is critical to properly establish regulatory filing and registration requirements and comply with state and federal regulations to help with the operator’s success.

This checklist will help ensure you follow the steps you need.

DOT New Entrant Checklist

The Federal Motor Carrier Safety Administration (FMCSA) places new companies that operate over state lines into the New Entrant Program after a motor carrier registers and receives a U.S. Department of Transportation (USDOT) Number. A Safety Audit will be conducted within 12 months after the New Entrant begins operations.

This checklist will help make sure you have all the items needed to pass the audit.

Driver Qualification Checklist

The Federal Motor Carrier Safety Administration (FMCSA) places new companies that operate over state lines into the New Entrant Program after a motor carrier registers and receives a U.S. Department of Transportation (USDOT) Number. A Safety Audit will be conducted within 12 months after the New Entrant begins operations.

This checklist will help make sure you have all the items needed to pass the audit.

DOT Accident Drug and Alcohol Testing Chart

The Federal Motor Carrier Safety Administration (FMCSA) places new companies that operate over state lines into the New Entrant Program after a motor carrier registers and receives a U.S. Department of Transportation (USDOT) Number. A Safety Audit will be conducted within 12 months after the New Entrant begins operations.

This checklist will help make sure you have all the items needed to pass the audit.

Driver’s Time Record for Operations Within 150-Mile Radius

Property and passenger carriers using the short-haul exception in §395.1(e)(1) are required to keep a time record instead of recording time in a graph grid or with an ELD.

This form provides the required information that should be documented on a time record.

Vehicle List Template

All carriers must maintain a list of vehicles to access applicability of various regulations.

This checklist captures the minimum information that must be maintained.

• Intrastate authority permit
• Hazmat registration renewal
• UCR

Request a Checklist or Template

Complete theRequest a Checklist or Template” form for a copy of these free, no obligation documents.

Frequently Asked Questions

Read through our commonly asked questions about getting started, operating authority and USDOT numbers, medical and Clearinghouse qualifications and requirements.

Getting Started

If you operate any of the following types of commercial motor vehicles in interstate commerce you must comply with the applicable U.S. Department of Transportation (USDOT) safety regulations concerning:

  • A vehicle with a gross vehicle weight rating or gross combination weight rating of 4,537 kg (10,001 lb.) or more, whichever is greater.
  • A vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation.
  • A vehicle designed or used to transport 16 or more passengers; or
    Any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

You are required to obtain a USDOT number if you have a vehicle that:
Is used to transport the types and quantities of hazardous materials requiring a safety permit in intrastate commerce (see 49 CFR 385.403).
OR
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; or
Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.

a. In general, companies that do the following are required to have interstate operating authority (MC number) in addition to a DOT number:
i. Operating as for-hire carriers (for a fee or other compensation)
ii. Transporting passengers, or arranging for their transport, in interstate commerce
iii. Transporting federally regulated commodities or arranging for their transport, in interstate commerce
b. Operating Authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.
c. FMCSA operating authority is also referred to as an “MC,” “FF,” or “MX” number, depending on the type of authority that is granted. Unlike the USDOT Number application process, a company may need to obtain multiple operating authorities to support its planned business operations. Operating Authority dictates the type of operation a company may run and the cargo it may carry.
d. All of this also dictates the level of insurance/financial responsibilities a company must maintain. Carriers not required to have operating authority include:
i. Private carriers (carriers that transport their own cargo)
ii. “For-hire” carriers that exclusively haul exempt commodities (cargo that is not federally regulated
iii. Carriers that operate exclusively within a federally designated “commercial zone” that is exempt from interstate authority rules. A commercial zone is, for example, a geographic territory that includes multiple states bordering on a major metropolitan city, such as Virginia/Maryland/Washington, DC.

The answer varies from state to state. To determine if an intrastate carrier needs a USDOT number, contact Phoenix360 DOT Operating Authority LLC. Contact us

The answer varies from state to state. To determine if an intrastate carrier needs a USDOT number, contact Phoenix360 DOT Operating Authority LLC. Contact us

When a carrier registers and receives a U.S. Department of Transportation (USDOT) Number, they are considered a New Entrant for 18 months. A Safety Audit will be conducted within 12 months after the New Entrant begins operations.

We can help you prepare. Contact us

A consortium will often manage the DOT random testing programs of several employers, including those of owner-operators who are not permitted to manage random testing themselves. Consortiums that manage owner-operator programs play a very unique service agent role. While §40.355(k) prohibits service agents from serving as “designated employer representatives” (DER), the consortium is authorized to perform a number of employer functions in cases of owner-operators, and single driver employers.

Yes, An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator

Have more questions, Contact us

Medical Qualifications and Regulations

No. Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or
she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). In addition to the physical qualification requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any Schedule I controlled substance, including marijuana, while on duty, and prohibit motor carriers from permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I controlled substance. (See 49 CFR §§ 392.2 and 392.4). Legalization of marijuana use by States and other jurisdictions also has not modified the application of U.S. Department of Transportation (DOT) drug testing regulations in 49 CFR parts 40 and 382.

No. Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana.

A driver cannot take a controlled substance or prescription medication without a prescription from a licensed practitioner. If a driver uses a drug identified in 21 CFR 1308.11 (391.42(b)(12)) or any other substance such as amphetamine, a narcotic, or any other habit-forming drug, the driver is medically unqualified.

There is an exception: the prescribing doctor can write that the driver is safe to be a commercial driver while taking the medication. In this case, the Medical Examiner may, but does not have to certify the driver.

Any anti-seizure medication used for the prevention of seizures is disqualifying.
The Medical Examiner has 2 ways to determine if any medication a driver uses will adversely affect safe operation of a CMV:

  1. Review each medication – prescription, non-prescription and supplement
  2. Request a letter from the prescribing doctor

Intrastate drivers are subject to the physical qualification regulations of their States. All 50 States have adapted their regulations based on some of the Federal requirements. Many states grant waivers for certain medical conditions.

NOTE: FedEx, UPS and DHL drivers usually do not leave the state but are subject to interstate regulations.

The Clearinghouse is a secure online database that gives employers, the FMCSA, State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.

Yes. Anyone who employs a commercial driver’s license (CDL) holder must query the Clearinghouse (§ 382.701). This requirement includes owner-operators—that is, any employer that employs himself or herself as a CDL driver, typically a single-driver operation. Owner-operators must comply with all Clearinghouse requirements imposed on both employers and employees. An owner-operator’s designated consortium/third-party administrator (C/TPA) may conduct queries on their behalf. However, the C/TPA is responsible for reporting drug and alcohol program violations to the Clearinghouse for the owner-operator.

Important Dates and Deadlines

IRP accounts expriation dates vary by state. A renewal packet from the state should be received 45-60 days before expiration. If you have not received a notice, you should still start the annual renewal.

January
IFTAAnnual renewal with a grace period to Feb. 28th.
New MexicoAnnual renewal Jan. 1 with no grace period.
OregonIf filing monthly, it should be post marked by the 15th of following month. If you file quarterly post mark by end of following month.
NYHUTRenews every three years.
UCRAnnual renewal Jan. 1 with no grace period. UCR may publish a different renewal date or extension at their discretion.
March
OregonIf filing monthly, it should be post marked by the 15th of following month. If you file quarterly post mark by end of following month.
IFTA, NYHUT, KYU & NMQuarterly returns must be filed and post marked by the end of the following month.
June
2290Annual renewal with grace period to August 13th.
IFTA, NYHUT, KYU & NMQuarterly returns must be filed and post marked by the end of the following month.
OregonIf filing monthly, it should be post marked by the 15th of following month. If you file quarterly post mark by end of following month.
September
2290Annual renewal with grace period to August 13th.
IFTA, NYHUT, KYU & NMQuarterly returns must be filed and post marked by the end of the following month.
Oregon
November
UCR, IFTA, NM, & ORThe states should start sending annual renwal notices from states. If you have not received a notice, you should still start the annual renewal.
December
IFTA, NYHUT, KYU, & NMQuarterly returns must be filed and post marked by the end of the following month.
OregonIf filing monthly, it should be post marked by the 15th of following month. If you file quarterly post mark by end of following month.
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