Regulations from federal agencies are constantly changing within the transportation realm and beyond. Keeping up with changes is challenging for many businesses — which is why we are here to help.
Staying up-to-date on the latest United States Department of Transportation (USDOT) regulations is key to running a successful business. Instead of being reactive, you can be proactive with this guide to transportation regulations affecting trucking this year and beyond.
How Is Transportation Regulated?
Transportation in the United States is regulated primarily by the U.S. Department of Transportation. This official government organization is also known as USDOT or just DOT, it is a federal Cabinet of the U.S. government concerned with transportation and has been in operation since 1967. Currently, the head of the DOT is Pete Buttigieg.
There are several agencies that operate under the DOT that regulate transportation, including:
- The National Highway Safety Administration (NHTSA) handles highway safety and infrastructure in general and vehicle safety in particular
- The Office of Roadway Safety and Federal Highway Administration handle design standards for safe highways
- The Federal Motor Carriers Safety Administration (FMCSA) handles safety standards for commercial motor carriers and motor vehicle operators
- The Office of Hazardous Materials handles the safe transportation of hazardous materials and operates within the Pipeline and Hazardous Materials Safety Administration (PHMSA)
- The Federal Railroad Administration
- The Federal Transit Administration
Here are the agencies involved in transportation regulations outside the DOT:
- The National Transportation Safety Board (NTSB) handles the investigations of major traffic accidents
- The Department of Labor’s Occupational Safety and Health Administration (OSHA) handles workplace safety of all workers — including transportation workers
- The Environmental Protection Agency (EPA) handles hazardous waste alongside the PHMSA
As you can see, there are countless agencies and entities involved in regulating transportation in the United States. While each of these agencies generally has its own area of purview, there are some overlaps and at the end of the day, all of these agencies are working together to ensure safe transportation across the entire country.
Transportation Safety Regulation in the United States
Thanks to the work of all of these agencies, countless transportation safety regulations in the United Statesapply to both private vehicles and motor carriers. The FMCSA handles Laws and regulations that relate to motor carriers.
Here are some of the most relevant regulations provided by the FMCSA for commercial motor carriers and motor vehicle operators:
Hours of Service (HOS)
“Hours of service” refers to the maximum amount of time that drivers are permitted to be on duty with additional specifications related to rest periods to help keep drivers safe and awake while on the road.
- Property-carrying drivers have an 11-hour driving limit after 10 consecutive hours off duty.
- Property-carrying drivers have a 14-hour on-duty limit
- Property-carrying drivers must take a 30-minute break after driving eight consecutive hours without at least a 30-minute interruption
- Property-carrying drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. This period restarts after taking 34 or more consecutive hours off duty.
- Property-carrying drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to two hours when adverse driving conditions are encountered.
Drugs and Alcohol
Drug and alcohol testing requirements were implemented in 1991 to apply to individuals with a commercial driver’s license driving commercial motor vehicles.
- CDL drivers are subject to pre-employment screenings, post-accident screenings, random screenings, reasonable suspicion screenings, return-to-duty screenings, and follow-up screenings.
- A five-panel drug test is performed that tests for marijuana, cocaine, opiates, amphetamines, methamphetamines, and phencyclidine (PCP).
- A positive drug test, an alcohol concentration above 0.4, or a refusal for test results in the driver being immediately prohibited from operating any CMV on public roadways.
- In the event of removal from duty, the driver is referred to a list of acceptable substance abuse professionals to work with to begin the “return-to-duty” process.
Hazardous Materials
Hazardous materials present a danger to the roadway if these substances aren’t handled correctly. As a result, drivers need to be educated and informed on the substances they are carrying and how to transport them safely.
- Motor carriers are required to obtain a Hazardous Materials Safety Permit (HMSP) to transport certain highly hazardous materials.
- Motor carriers are required to immediately notify the proper authorities in the event of a hazardous materials incident.
- Motor carriers transporting hazardous materials are required to comply with placarding requirements that involve placing placards on each side and each end for each bulk packaging, freight container, unit load device, transport vehicle, or rail car containing any quantity of hazardous materials.
- Motor carriers are required to have completed hazardous materials training, including general awareness/familiarization training, function-specific training, safety training, and security training.
- Motor carriers are required to maintain shipping papers with a description of the hazardous materials in the shipment. You must include a proper shipping name, hazard class, identification number, and packaging group.
The Difference Between Federal and State Regulations
If you’re new to the world of regulations, you might be confused by the different levels involved. For instance, there are both federal and state regulations. There may also be local regulations that need to be followed as well. So what’s the difference between these levels, and how can you ensure compliance with any and all regulations that affect your business?
Federal regulations are established at the national level. In the United States, regulations at the federal level are established by corresponding executive agencies or passed into law through the legislative branch. Federal regulations apply to all 50 states across the board.
State regulations, on the other hand, are established at the state level. In the United States, each state has the power and ability to set its own laws and regulations that apply to that state only. This can either occur through state agencies or through the state legislature. That being said, state regulations are subservient to federal regulations in case of an explicit conflict.
Finally, there’s also the potential for local regulations that are established by local authorities in counties and cities. Clearly, there are a lot of different regulations out there for you to keep up with — but how?
The good news is that a lot of information is available online. Federal regulations can be accessed through the Code of Federal Regulations. State regulations can be accessed through separate portals, whereas local regulations can be accessed through the city or county-specific portals.
Regulations Impacting Your Business in 2021
In addition to transportation regulations, there are other regulations that affect different industries and businesses. Here’s what you need to know so that you can prepare for any potential changes:
Workplace Safety
OSHA standards go beyond the trucking industry and actually affect businesses in all industries. In terms of the coronavirus disease and COVID-19, the federal government has proposed an “Emergency Temporary Standard” for employers requiring specific Covid-19 resources dealing with the development of an exposure control plan, stricter implementation controls, maintaining records, and effective training of employees.
Four states have chosen to implement their own standards — California, Michigan, Oregon, and Virginia.
Taxes
Taxes are another regulatory issue that affects all businesses — big and small. The federal government is expected to ramp up tax enforcement and potentially take legislative action on tax policy. Speak with your business accountant about how any new regulations will affect your taxes this year.
Leave
There have been countless changes to leave policies in the aftermath of the COVID-19 pandemic. Businesses need to plan accordingly to adjust to these new regulations.
For starters, employers with 500 or fewer employees became subject to the Families First Coronavirus Response Act (FFCRA), which mandates paid leave time for workers diagnosed with COVID-19, those caring for a family member with COVID-19, or caring for children whose place of care was closed due to the pandemic.
Worker Classification
This new regulation can affect businesses in California as it would make it easier for employers to classify workers as independent contractors, which makes them exempt from certain employer benefits.
At the same time, it’s important to pay attention to misclassification penalties that can result if you misclassify an employee as an independent contractor to avoid providing benefits.
Minimum Wage
Many states have voted to increase the minimum wage in 2021. In fact, almost 50% of states have opted to increase their minimum wages this year. Among the biggest changes here are in California ($14/hour), Virginia ($9.50), New York ($12.50), New Jersey ($12), and Massachusetts ($13.50).
Future Proposed Transportation Changes
Regulations are constantly changing, and it can be difficult to keep up with what’s happening in the regulatory world. Here are some potential transportation changes to be on the lookout for:
Changes to Liability Insurance Requirements
The federal government is considering raising the minimum amount of liability insurance required of motor carriers. As it stands now, motor carriers are required to maintain at least $750,000 in liability insurance. However, this amount could be increased either through executive action or at the legislative level.
Speed Limitations
The federal government is considering requiring the use of speed limiting devices in Class 8 tractor-trailers. The exact speed limit is undetermined, but speeds of 60, 65, and 68 have all been discussed by policymakers.
Hours of Service (HOS)
The federal government is considering extending and expanding break regulations that apply to truck drivers. Break regulations were recently changed to allow drivers to take shorter pauses during their standard 14-hour shifts, ranging from 30 minutes to three hours. However, they could be changed again within the new presidential administration.
Electronic Logging Devices (ELD)
We could also potentially see changes to waivers for electronic logging devices or ELDs. As it stands now, certain industries, including livestock and insect haulers, have been exempt from the ELD mandate that took effect in December 2017.
It remains to be seen if the legislative branch will choose to continue these waivers or will remove them.
Sleep Apnea Screenings
The federal government is considering implementing sleep apnea screenings for truck drivers. In addition to screenings, treatment guidelines would also be established for a comprehensive and beneficial approach to this potentially dangerous issue.
Driver Drug Testing
We could also see changes to driver drug testing policies. As it stands now, drivers are unable to choose a hair sample over a urine sample in many scenarios. However, a Congressional mandate from 2015 called for carriers to be able to choose which method of testing they wanted.
In 2021, we could see this mandate be reasserted to give carriers more flexibility as it relates to pre-employment drug screens.
Emissions
While exact policies and regulations remain to be seen, it wouldn’t be surprising to see stricter policies related to emissions as the climate is a top priority for the incoming presidential administration. For example, the federal government may make a push towards electric or fuel cell vehicles to lower emissions.
Conclusion
It is difficult to constantly adjust to changes in regulations that can affect different aspects of your business. However, working with an experienced and flexible logistics provider can help you overcome any challenges that these new regulations present to your business.
Professional logistics providers like RPM are constantly ahead of the regulation curve. RPM is a complete, end-to-end transportation service provider that’s able to support all modes of transportation across all industries thanks to our vetted and monitored network of more than 30,000 carriers.
Our carriers are all licensed and qualified to transport your goods safely and securely. They are all up-to-date on the latest FMCSA regulations and requirements and deliver shipments with a 98% on-time delivery rate.
Contact us today for a quote to see how we can meet your shipping needs.
Sources:
Code of Federal Regulations | eCFR
Top 10 Regulatory Issues Impacting Businesses in 2020 | Paychex
Trucking Regulations to Watch for in 2021 | Commercial Carrier Journal
