Legal Disclaimer: The following information is offered as educational information only and does not constitute legal advice. We recommend that you consult with qualified legal counsel on all of the issues, laws, and regulations we talk about. Tenstreet expressly disclaims any warranties associated with this presentation or the information provided herein.
Do you want to start 2022 strong in compliance? Read on to learn best industry practices to make managing all your annual FMCSA requirements quick and painless.
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Between economic downturns, increased demand on freight, nuclear verdicts, the ongoing effects of COVID-19, and an escalating driver shortage, it’s been a whirlwind of a year. But despite all the challenges 2021 has handed us, it’s definitely made us stronger.
A new year is coming which brings with it all the annual regulatory requirements. Muster your newfound strength and use it to implement best practices, painlessly perform annual corporate maintenance, and go into 2022 fighting fit.
Here are 5 ways to start 2022 FMCSA strong:
1. Conduct annual limited Clearinghouse queries.
As of January 6, 2020, all carriers are required to conduct pre-employment full queries of the FMCSA Clearinghouse prior to allowing a driver to operate a CMV. All drivers hired prior to Jan. 6, 2020 that operate under your DOT authority need to have a limited query conducted (and a “Driver Not Prohibited” result on file) prior to January 6, 2022. Further, remember all drivers that you’ve hired throughout 2020 and 2021 will also need to have a limited query conducted at least once in the 12 months since the full query was conducted.
To do a limited query of the Clearinghouse, remember to have the driver sign a Clearinghouse specific consent which authorizes you to run a limited query on the driver throughout the time they drive for you.
2. Perform annual MVR and qualification checks.
Now is also the time to complete all the other required annual regulatory practices. Be sure to get that annual MVR on file for each driver and ensure that each driver is still qualified to operate a CMV. We have in-house tools to help you with this and other annual requirements on your to-do list – reach out to your account advisor to learn more about these features if you aren’t already using them.
3. Gather Annual COVs and review needed medical exams and certifications.
In addition to the annual MVR and qualification check, also be prepared to gather and review the annual certificate of violations (COVs) needed from all your drivers. Don’t forget to review and get medical exams and certifications for drivers every 24 months or sooner for drivers that have special medical considerations. This is also the perfect time to review and reach out to your drivers that have upcoming license expirations or licenses that may have already expired.
4. Conduct annual training.
A best practice for all companies and employers is to conduct annual training not only for your drivers, but also for all your in-house employees in your recruiting and safety departments. Don’t overlook specifically tailored training for your supervisors and managers.
5. Review and update application, release language, processes, and policies.
For most companies, the application, release language, processes, and policies are a set it and forget it one-time event. But in today’s environment, not only are the laws and regulations changing on a daily basis, the litigation environment is more robust than ever. The best way to start 2022 off strong and to provide your company with the best defense in any litigation is to review and update these to be consistent with current laws and regulations. Teaser: if you haven’t updated these in 2021, you can bet they are out of date.
Make sure you have your compliance under control – and don’t be afraid to reach out to us for any help you need so you can go into 2022 strong!