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FMCSA loosens enforcement of driver violation reporting

John Gallagher
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Carriers will have to rely more on honesty of drivers. Credit: Jim Allen/FreightWaves

Recent action by the Federal Motor Carrier Safety Administration (FMCSA) to ease the burden levied by COVID-19 could leave motor carriers vulnerable to adding disqualified drivers to their ranks.

In a notice posted on April 17, the FMCSA informed state driver licensing agencies (SDLAs) that they will not be penalized if they’re not able to notify the federal government of driver violations, convictions and disqualifications within 10 days, as required by law.

Instead, SDLAs will have three months beyond June 30 – the date that the enforcement change expires – before having to return to reporting convictions and violations within the 10-day period.

“Many States are experiencing greater than normal employee absences or have closed offices of their SDLA in response to [federal] guidance…to use social distancing to reduce the spread of COVID-19,” FMCSA stated.


As a result, “FMCSA is exercising its discretion not to issue a finding or make a determination of substantial non-compliance for SDLAs unable, within 10 days, to post a driver’s disqualification or conviction to the driver’s record, to transmit notification of the disqualification or conviction to the driver’s State of record, or to report a driver’s conviction” to the Federal Convictions and Withdrawal Database, according to FMCSA.

“In no case will continued non-compliance be permitted more than 90 days after the effective period of this notice.”

Commenting on the FMCSA’s enforcement change, Dave Osiecki, President and CEO of Scopelitis Transportation Consulting, said that the action is to assure SDLAs they will not be found in “substantial noncompliance” with federal commercial driver’s license (CDL) laws if the emergency affecting their ability to promptly post and report serious CDL driver violations and convictions.

For carriers, however, “the lack of posting or lack of reporting of a driver’s conviction could mean that a company could unknowingly use a disqualified driver, if the driver doesn’t self-report the violation or conviction,” Osiecki told FreightWaves. “FMCSA’s relief seems to make sense for the States but, for motor carriers, it could put them in a tough spot if one or more of their drivers is found to be operating while disqualified.”


Without access to more up-to-date information from the motor vehicle record during the screening process, Osiecki said carriers will have to rely even more on the honesty of the driver. “Just be as vigilant as possible and press the driver for all information concerning recent convictions and violation information.”

Among other restrictions recently eased for SDLAs during the COVID-19 emergency, the FMCSA gave skills-test examiners more leeway in conducting tests, including being allowed use cameras instead of being physically present in the truck cab.

The agency is also allowing third-party commercial driver’s license CDL test examiners to administer CDL knowledge tests without completing all the required training.

8 Comments

  1. Lil 🚬

    🚛Supporter of qualified drivers period….
    News in the Trucking world is all about what’s taking place at J.B. Hunt Transportation.
    The 500k + Guaranteed Reward being offered by Towery “Tyree” M Burris-Hunt nickname J.B.Hunt Jr. The 2013 beneficiary of Johnny Bryan Hunt founder of J.B. Hunt transportation estate trust. The Trust was settled in Cleveland County NC administered by Annie R Hunt Browner. He was involved with the company 2013 -2015. making changes in the Trucking Division before a mysterious “Accident”. Drivers report he is a man of color in his 40’s not the mysterious white man depicted in videos. Drivers for J.B. Hunt met with him and other drivers speaking about what took place in Arkansas the Cleveland & Gaston Counties NC.

  2. Q davis

    DarralyRobert’s, I agree I shut my truck down, said hell if I’m haulin for free, better to park it. It’s about punishing the truckers, the carriers never the shipper, never reciever, never the brokers. Always the Truck Driver. I had enough at .90 cents offer last week. I told that broker, u own a pick up, he said why, because at that rate, to take care of yr customer, ull need to load it up inn yr pick up and haul it. He laughed sn said naw, I’ll get someone to haul it for cheaper, I said cool, he was why cool, I was like 1 less competor, to compete with, and headed home. Been parked ever since. I cant haul for free, I dont haul just cover fuel, that’s just putting you inn red even faster. I haul no less then 1.80 because it costs me 1.45 to break even because it’s the cost to run my truck, my trailers, insurance ,fuel, ifta, and repairs, so to profit and stay inn business. It’s no less then 1.80. Any one haulin for less, all your doing is running for free. And hell if you wanna work 100 hrs for free. Then keep grabbing that cheap ass frieght. Only way it’ll get better is no one haul em, everyone skip them an we all set the standard rate, for shippers an brokers, not them setting them for us. TIME WE TAKE THE CONTROL BACK…yall be safe out there. And stop running free frieght, stop running cheap frieght…leave it collect dust. Believe me 30 years out here. I’ll not move my truck till its paying me a profit. If I’m gonna work for free, I’d be better off at walmart, McDonalds, Burger King, back yard burgers, Kmart, I could go on and on and on. It’s sad too see people grab the crap. U get 8-10 mpg running empty, u get 5-7 mpg running loaded. Time is money, why haul a load that pays you 300, to fill up fuel that costs 310.00 no point at all…no one makes a profit under 1.45 not even if yr truck is paid off. Stop being a slave drivers, and know yr worth. And keep it at yr worth. U can make 65,000 a year working 2 jobs an home nightly. Why run a truck and make 12,000 too allow a broker too make 350,000.00 before expenses. So ruffly 175,000 inn there pockets, doing nothing but posting a truck, and wine n dining a customer.

    1. Lloyd Olson

      I am 40 years and 5 million miles, I pull a refrigerated trailer, never haul for nothing .
      The Gentleman talking is correct , Truck Drivers set the freight rates , if they won’t haul it , nothing moves cheap,, So saying it’s all someone else’s fault, no it isn’t, It’s the people hanging on to the steering wheel, Freight doesn’t move for less than $2.50 per mile unless someone hauls it for less, Wake up and place the fault where it is , on trucking companies and men who work cheap

  4. Darryl Roberts

    Still not stoping the brokers yet whats the problem all i here is penalizing drivers 900 miles for 78 cent per mile stop that shit and do something about that first I’m a email get a coalition together that just shut down all owners operators I’m tired of this s*** and I’m pretty sure they are to pick up Dad just shut that s*** down

    2. John

      Its not as simple as we think or FMCSA keeping order. Who is where and where is what is ??
      In 2014 J.B. Hunt Transportation successor heir Towery “Tyree” M Burris-Hunt met with company heads to discuss the integration of 360. The grandson and successor to Johnny Bryan Hunt along with CEO Roberts pushed J.B.Hunt Transport ahead of other carriers. The model has since been adopted. Drivers should Learn the J.B. Hunt Jr Story circulating in Cleveland County NC.

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.