Critical FMCSA Updates for 2022

By Brian J Riker As towers we often forget we are also fully regulated interstate motor carriers in many instances. This causes trouble for the average tow boss when new regulations are proposed or enacted without their knowledge. We do our best to track and report on these changes to help keep you compliant. There are two key changes for 2022 that may become problematic for towers with CDL drivers. The Federal Motor Carrier Safety Administration had delayed implementation of the Training Provider Registry and Entry Level Driver Training Requirements, which were to become effective in 2019, until February 7, 2022. This regulation requires states to have proof of entry level driver training provided by a listed provider before granting a new commercial driver license or upgrading class of CDL for any applicant beginning the process after February 7th. This will also be required for adding passenger, school bus or hazardous materials endorsements to an existing CDL. What this means for towers is any driver that you hire without a CDL then want to help them obtain one will need training by a listed provider, which typically will be a full school. There is no workable exception for in-house training, even motor carrier provided CDL training will need to meet the entry level requirements. This has the potential to add time delays and financial burdens to your operation if you do your own training to create CDL licensed drivers. Another CDL related regulation that is going into effect on November 8, 2021, with a state mandated compliance date of November 18, 2024, requires each state to not renew, transfer, process or issue a new CDL/CLP to any CDL driver that has had a positive drug or alcohol test result, or failure to test reported to the FMCSA Drug and Alcohol Clearinghouse without completing the return to duty process. This regulation also requires the states to downgrade (remove the CDL privilege) from any driver that fails to complete the return to duty process. This regulation is the latest attempt by the FMCSA to remove unsafe drivers from our roadways. Currently there are over 100,000 drivers reported to the Clearinghouse as disqualified from operating a commercial motor vehicle due to a drug or alcohol test. Of those, more than 95,000 have not even started the return to duty process which means they could still be operating a commercial motor vehicle without proving a negative drug or alcohol result or receiving treatment for their condition. This new regulation aims to prevent that by removing their CDL privileges until they have proven they are no longer out of compliance with the drug or alcohol requirements. Where this could have a negative effect on towers is if you hire a CDL driver without checking their history in the Clearinghouse (as required by current law) then their CDL is suspended or downgraded without your knowledge. Not only could you have employed a driver with a serious problem, but you could face severe fines or other penalties for allowing them to operate a CMV. Keep in mind, although drug and alcohol testing is not required for non-CDL drivers it could be argued that a downgraded CDL driver, when downgraded for a drug or alcohol issue, should not be allowed to operate any commercial vehicle, even the little trucks that don’t require a CDL but still are DOT regulated.`