FMCSA Compliance Requirements for New Trucking Companies

What is FMCSA Compliance?

FMCSA compliance is when an individual or organization is compliant with the Federal Motor Carrier Safety Regulations (FMCSRs), which refers to rules made for the commercial motor vehicle (CMV) safety, safety to drivers. The rules ensure fewer accidents on highways in the United States. Carriers intending to carry freight in interstate commerce have to pass the very strict conditions set by their safety, insurance, drug testing, and operations, both before and after, as mandatory for new motor carriers.

Registration and Operating Authority

USDOT Number :

Before starting operations, the new trucking company must register and obtain from FMCSA their USDOT Number. This unique number registers in the federal database this carrier for any interstate operations involving vehicles that weigh over 10,000 lbs. or transport hazardous materials.

Operating Authority (MC Number)

This means that it is subject to approving commercial interstate operations through Unified Registration System (URS).

New Entrant Safety Assurance Program:

18-Month Monitoring Period:

Once a trucking company registers with FMCSA, it enters the New Entrant Safety Assurance Program. For 18 months, the carrier must operate under complete compliance with federal requirements of safety and demonstrate to the public safety management practices.

Mandatory Safety Audit:

During the early years of 12 months in business, FMCSA will go ahead and conduct a new entrant safety audit on the carrier. This audit provides an extensive examination of documentation and policies held by the carrier concerning qualifications for drivers, maintenance of the vehicle, and hours of service, and those related to drug and alcohol testing, among others. There are some very vital regulations, failure to pass any of these might automatically lead to failure of the audit.

Corrective Action & Enforcement:

Should a carrier fail the audit, FMCSA will require corrective action regarding non-compliance as part of the sanction process. Repeated non-compliance leads to revocation of USDOT registration, incurs civil penalties, or compliance reviews spawned by poor safety performance registered during roadside inspections.

Core Compliance Requirements:

During the new entrant period and after that, there are requirements core to compliance that must be put in place and maintained:

Driver Qualification and Testing for Drugs:

• Maintain files of qualification that comply with Federal law for each driver employee. These files should contain the driver's valid CDLs, medical certificates, and motor vehicle records.
• Enroll and maintain DOT compliant drug and alcohol testing programs, both random, post accident, and those conducted on reasonable suspicion.
• Register with and run queries on FMCSA Drug & Alcohol Clearinghouse for both new hires and current drivers.

Hours of Service and Electronic Logging Devices:

• Implement federal HOS regulations, particularly those designed to prevent fatigue of drivers.
• Use FMCSA-approved ELDs for accurately recording duty status and driving time.

Vehicle Safety and Maintenance:

• Periodic inspection, repair, and preventive maintenance indicating all commercial motor vehicles.
• Assure vehicle compliance with FMCSRs regarding brake systems, lighting, tires, and the other safety components.

Insurance and Financial Responsibility:

Maintain sufficient commercial liability insurance meeting FMCSA's minimum levels of requirements based on the size of vehicles and the type of cargo.

Required during the new entrant audit, maintain coverage.

Recordkeeping & Monitoring of Safety Performance:

FMCSA mandates that trucking companies keep the records of compliance for certain periods, to be presented at audits and inspections. This type of data from roadside inspections and crashes ultimately feeds into the Safety Measurement System (SMS) under the Compliance, Safety, Accountability (CSA) program. Carriers rated at a very high percentile in almost all of its SMS categories may face enforcement actions.