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DOT Issues Final Rules on Use of Certain Drugs by Commercial Drivers

On January 27th, the Federal Motor Carrier Safety Administration (FMCSA) amended the physical qualifications for drivers and the instructions for the medical examination report to clarify that drivers who use Schedule I drugs are not qualified to drive commercial motor vehicles under any circumstance. The rule harmonizes FMCSA's provisions regarding pre- employment and return-to-duty test refusals with corresponding Department of Transportation provisions.

FMSCA issues Notice of Mexico-United States Long-Haul, Cross-Border Trucking Pilot Program

On Friday, April 8, 2011, the Department of Transportation and the Federal Motor Carrier Safety Administration issued a Notice and Request for Comment on its proposed phased long-haul, cross-border trucking program between the United States and Mexico, as required by NAFTA. The purpose of the program is to test and demonstrate the ability of Mexico-based motor carriers to operate  safely in the United States beyond the municipalities and commercial zones along the United States-Mexico border.

The 3-year pilot program establishes different “phases” by which Mexican-domiciled carriers can obtain provisional authority to operate for three months, during which time its fleet will be subject to random safety inspections. Phase 2 requires continued monitoring for safety compliance under the provisional grant of authority for up to an additional 18 months. Phase 3 grants a carrier permanent operating authority if it has satisfactory safety rating, no pending enforcement or safety improvement actions, and has operated under its provisional operating authority for at least 18 months. The pilot program is contingent upon reciprocity of the terms of operating authority on US-domiciled carriers.