Trucking Regulations - Drivers
U.S. Regulations
Below is a listing of driver-specific regulations that are approved or pending, as well as their potential impact on the market.
| Regulations | Agency | Introduction | Status | Impact | Milestone | Next Steps | Proposed Implementation |
|---|---|---|---|---|---|---|---|
| Relief of Drug and Alcohol testing requirements | DOT | Mar'20 | Guidance in effect | Note: Does not remove requirement that of a pre-employment drug test be completed before hiring new employee | DOT accepts that timely testing may be impossible because of COVID pressures on health care system. Impacts random testing and post-accident testing. Fleets must document unavailability of testing. | Remote SAP evaluations authorized | |
| Hair Follicle Drug Testing | HHS & DOT(FMCSA) | Dec'15 | In FAST Act Also in opioid crisis legislation | Allow hair follicle testing as DOT approved method for drug testing | Included in FAST Act HHS deadline missed Law signed 10/20/18 includes driver hair testing | Additional Comment Period closed on 11/9/20; HHS and FMCSA to restart rulemaking | TBD |
| Increase in random drug testing | DOT | Jan'20 | Implemented | Random drug testing rate to double to 50% of drivers | Positive tests crossed 1% threshold in 2018; law requires return to 50% testing rate | In effect for 2020 but impacted by COVID driven enforcement discretion | |
| State Drivers License Agencies implement Electronic Exchange of Driver History Records | FMCSA | Aug'21 | Effective date 8/23/2021 | Driver history records (DHR) updated through Comm'l Drivers License Information System (CDLIS) on a more timely basis. | MAP-21 (Moving Ahead for Progress in the 21st Century) Act required driver record history (DRH) to be available for on-line access | Brings FMCSA regs into alignment with MAP-21 statutory requirements | 8/22/2024 |
| Vaccine Mandate for Foreign National Truck Drivers | DHS (Dept of Homeland Security) | Oct'21 | Implemented | Implemented on drivers entering country from Canada Freight flows negatively impacted | Canada implemented similar rule impacting U.S. drivers on 1/15/22. U.S. retaliates | Implemented 1/22/2022 | Ending 5/12/2023 |
| Addition of Oral Fluid Specimen Testing for Drugs | DOT | Feb'22 | Final Rule | Revise existing drug testing regs to allow use of oral fluids | Published in Federal Register 2/28/2022; final rule announced 5/1/23 | DHHS must certify min. 2 labs for oral fluid testing before full implementation | Effective 6/1/23; implementation delayed until labs certified |
| Employee or Independent Contractor Classification under the Fair Labor Standards Act | DOL | Oct'22 | NPRM | Establish new standards for determining whether a worker is an employee or an independent contractor | Request for comments | Comment period closed 12/13/22. | |
| Ceasing Age-Based Trucking Restrictions Act | House of Representatives | Jan'23 | Introduced | Redefine transportation between port and location in same state as non-interstate, effectively allowing 18 y/o drivers to operate out of ports if end point is in same state | Referred to house Committee on Transportation and Infrastructure and Subcommittee on Coast Guard and Maritime Transportation | Committee hearings | |
| Licensing Individual Commercial Examtakers Now Safely and Efficiently (LICENSE) Act | House of Representatives | Apr'23 | Introduced | Allow state DL agencies to use third-parties to administer CDL knowledge and allow states to administer driving skills tests to certain out-of-state applicants | FMCSA has issues waivers for these 2 items previously; this legislation would make those permanent | Committee hearings | |
| Safer Highways and Increased Performance for Interstate Trucking (SHIP IT) Act | House of Representatives | Jan'23 | Introduced | New and entry-level driver incentives; relax weight penalty for Cl 7 EVs; expand CV parking and rest stops | Referred to Subcommittee on Highways and Transit | Committee hearings |