CMV Shield

Resources 

Why are DQFs so Important?

12/28/2023

Driver Qualification Files (DQFs) are of paramount importance in the world of commercial motor vehicle (CMV) operations for several key reasons. Firstly, they are a regulatory necessity, mandated by agencies such as the Federal Motor Carrier Safety Administration (FMCSA). Adhering to these regulations is imperative for companies engaged in interstate or intrastate commerce with CMVs, as failure to comply can lead to fines and penalties.


DQFs play a vital role in ensuring safety within the transportation industry. By documenting a driver's qualifications, including their driving history, medical certifications, and training records, these files contribute to the overall safety of CMV operations. Thorough vetting and documentation help mitigate risks associated with unqualified or inexperienced drivers, promoting safer roads.

Liability protection is another crucial aspect of DQFs. In the event of accidents or legal claims, these files serve as vital documentation to demonstrate that a company adhered to proper procedures in hiring and managing drivers. Properly maintained DQFs offer a layer of legal protection, potentially reducing liability in legal proceedings.


Lastly, efficiency in audits and inspections is facilitated by well-organized and complete DQFs. Transportation authorities may conduct audits to ensure compliance with safety regulations. Having accurate and up-to-date DQFs allows companies to efficiently demonstrate their commitment to safety and regulatory compliance during these inspections.


In summary, properly maintained DQFs are a cornerstone for achieving safety and compliance within the commercial transportation industry.

Drug & Alcohol Clearinghouse Update

11/27/2023

The second Clearinghouse final rule (Clearinghouse-II) compliance date—November 18, 2024— is less than a year away.


As established in the first Clearinghouse final rule (81 FR 87686), drivers with a “prohibited” Clearinghouse status are prohibited from operating a commercial motor vehicle (CMV). The second Clearinghouse final rule (Clearinghouse-II) further supports this by ensuring that drivers with a “prohibited” Clearinghouse status do not continue to hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP).

The Clearinghouse-II final rule (86 FR 55718) requires that, beginning November 18, 2024, State Driver Licensing Agencies (SDLAs) must remove the commercial driving privileges from the driver's license of an individual subject to the CMV driving prohibition. This would result in a downgrade of the license until the driver completes the return-to-duty (RTD) process.


This means that, beginning November 18, 2024, having a “prohibited” Clearinghouse status will result in losing or being denied a CDL or CLP.


Note: SDLAs with legislative authority currently have the option to voluntarily query the Clearinghouse and downgrade CDLs for prohibited drivers and may do so before the November 18, 2024 compliance date.


You can learn more about the ruling here: https://clearinghouse.fmcsa.dot.gov/.../CDL-Downgrades

FMCSA Removes Four Devices From List of Registered ELDs

07/25/2023

The FMCSA has removed ALL TRUCKERS ELD, GOLDEN ELD, PRIMELD, and SECURE ELD devices from thelistof registered Electronic Logging Devices (ELD). FMCSA has placed these ELDs on the Revoked Devices list due to the companies’ failure to meet the minimum requirements established in49 CFR part 395, subpart B, appendix A, effective July 25, 2023.

All who use these revoked ELDs must take the following steps:

  1. Discontinue using the revoked ELDs and revert to paper logs or logging software to record required hours of service data.
  2. Replace the revoked ELDs with compliant ELDs from theRegistered Devices listbefore September 23, 2023.

Motor carriers have up to 60 days to replace the revoked ELDs with compliant ELDs. If the ELD providers correct all identified deficiencies, FMCSA will place the ELDs back on the list of registered devices and inform the industry and the field.

During this time, safety officials are encouraged not to cite drivers using these revoked ELDs for 395.8(a)(1) – “No record of duty status” or 395.22(a) – “Failing to use a registered ELD.”
During this time, safety officials should request the driver’s paper logs, logging software, or use the ELD display as a back-up method to review the hours of service data.

Beginning September 23, 2023, motor carriers who continue to use the revoked devices listed above would be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked device on or after September 23, 2023 should cite 395.8(a)(1), and place the driver out-of-service (OOS) in accordance with theCommercial Vehicle Safety Alliance OOS Criteria.

FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time.

For more information on ELDs, visit FMCSA’s ELD implementation website.

FMCSA Launches "Your Roads. Their Freedom" Human Trafficking Awareness Campaign

06/15/2023

CMV Shield is proud to work alongside the FMCSA and fellow transportation and travel industry leaders to combat human trafficking.

A CMV Shield knows all too well, America’s transportation systems are often exploited by human traffickers. To combat this heinous crime, FMCSA launched the “Your Roads, Their Freedom” human trafficking awareness campaign. The campaign is designed to empower the nation’s 8.7 million commercial motor vehicle (CMV) drivers to confidently identify and report suspected cases of human trafficking — ultimately saving lives and making America’s roadways safer for all.

As an agency within the U.S. Department of Transportation (DOT) whose mission is to ensure road safety, FMCSA is uniquely positioned to educate CMV drivers on how to protect their roadways against a crime that poses a threat to transportation safety in every state across the U.S. In addition to complementing the work our organization is doing to stop human trafficking, the “Your Roads, Their Freedom” campaign works in tandem with theTransportation Leaders Against Human Traffickinginitiative and other federal efforts against human trafficking, such as FMCSA’sgrant programs, and the U.S. Department of Homeland Security’sBlue Campaign, to build on the important work that is already being done in this space.

Please help get the word out about “Your Roads, Their Freedom.” A library of shareable resources, including full details about the campaign and downloadable materials, can be found here.

Changes to SAP Guidelines

06/01/2023

On June 1, 2023, the Office of Drug and Alcohol Policy and Compliance posted its updated Substance Abuse Professional (SAP) guidelines.

The document has been updated regarding certain provisions addressed in the Department of Transportation (DOT) final rule published on May 2, 2023. A listing of the updates to the SAP guidelines can be found on the last page of the document.

https://www.govinfo.gov/content/pkg/FR-2023-05-02/pdf/2023-08041.pdf


https://www.transportation.gov/odapc/Notice_Summary_May_2023

Would Your Driver Qualification Files Stand Up to an FMCSA Audit?

05/26/2023

All Motor carriers are required by the United States Department of Transportation (DOT) to maintain a qualification file for the drivers they employ. With changes in the last few years, it can be a struggle to truly determine what needs to be in your driver qualification files and what does not.


There's a lot more that goes into driver qualification files than most company's realize. Pre-employment, yearly maintenance, and post employment. All three categories have different checklists and retention times that require careful attention so ensure that your files are in complete compliance.


With our secured online system that tracks a multi point qualifications process, you'll be covered from A-Z to help you pass that FMCSA audit with flying colors.

The High Cost of Non-Compliance

05/19/2023

The FMCSA has increased its maximum fines by almost 8 percent for 2023 in their annual update. This is one of the largest increases ever and is on top of last year's 6.2% fine increase.


Now has never been a better time to invest in a safety and compliance management company that truly understands the financial burden of fines and fees. 


Here are the top 5 FMCSA fines of 2022:

  • CDL Violations
  • HOS Violations
  • Log Falsification
  • Drug & Alcohol Testing
  • Vehicle Violations


We can help your business eliminate the potential threat of these fines and fees for non-compliance with our in depth, completely online system and the help of our expert team.


Are you ready for the 2023 International Roadcheck?

05/12/2023

Vehicles found with ABS violations are not eligible to be placed out of service, “but ABS plays a critical role in reducing the risk of collisions by preventing the wheels from locking up or skidding, allowing a driver to maintain control of the vehicle while braking,” according to the CVSA release.


In addition, cargo securement—particularly important on flatbeds and bulk trailers—when done improperly, poses a serious risk to drivers and other motorists by impacting the vehicle’s maneuverability, or worse, causing unsecured loads to come loose, resulting in traffic hazards and vehicle collisions, according to CVSA.


Need help with your motor carrier safety and compliance? We're here to offer our expert services for your company!