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Trucksafe's President Brandon Wiseman and Vice President Jerad Childress are transportation attorneys who have represented and advised hundreds of motor carriers (both large and small) on DOT regulatory compliance. Brandon and Jerad are regular speakers at industry events and routinely contribute to industry publications. They are devoted to helping carriers develop state-of-the-art safety programs, through personalized consulting services and relevant training resources. 

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The Impact of FMCSA Clearinghouse Phase 2 and Other Crucial Updates from Episode 41 of Trucksafe LIVE!



In the latest episode of Trucksafe LIVE! (Episode 41), hosts Brandon Wiseman and Brian Runnels tackled some of the most pressing issues impacting the trucking industry, from the long-anticipated Clearinghouse Phase 2 to upcoming regulatory changes and fleet safety updates. As the hosts discussed, trucking regulations are rapidly evolving, and motor carriers must stay informed and proactive to ensure compliance and maintain a competitive edge.




FMCSA Clearinghouse Phase 2: What You Need to Know


One of the most significant topics covered in this episode is the upcoming Phase 2 of the Federal Motor Carrier Safety Administration’s (FMCSA) Drug & Alcohol Clearinghouse. Scheduled to take effect on November 18, 2024, this phase will see the full integration of the Clearinghouse with state driver’s licensing agencies (SDLAs). This integration means that CDL holders who are in prohibited status due to drug or alcohol violations will automatically have their CDL downgraded by the state. As Brandon and Brian noted, this will have a ripple effect across the industry, potentially sidelining thousands of drivers who remain in prohibited status.


Since the inception of the Clearinghouse in January 2020, over 263,000 CDL drivers have been reported for drug or alcohol violations, with an alarming 177,000 drivers still in prohibited status. The Phase 2 implementation will aid in preventing these drivers from legally operating commercial motor vehicles until they complete the necessary return-to-duty process.


For carriers, the implications are clear: fleets must remain vigilant. By November 18th, motor carriers should ensure that all drivers’ records are up to date and check for any that may be in prohibited status. Brian also recommended that fleets perform motor vehicle record (MVR) checks shortly after November 18th to confirm whether any drivers have lost their CDL due to these new regulations.


FMCSA’s Enhanced Focus on ELD Fraud


Another critical issue discussed in this episode was FMCSA’s heightened focus on cracking down on electronic logging device (ELD) fraud. As Brian shared from his attendance at a recent Commercial Vehicle Safety Alliance (CVSA) conference, fraud involving ELD records is on the rise. FMCSA is particularly concerned with so-called “ghost drivers” — drivers and carriers who manipulate their ELD accounts to bypass hours-of-service rules.


This new enforcement initiative comes in response to concerns raised by the National Transportation Safety Board (NTSB), which has flagged ELD fraud as a growing safety hazard. In response, FMCSA is working on various technological upgrades and enforcement tactics to combat this type of fraud. While the exact methods they will implement are still under consideration, it's clear that fleets need to be aware of the risks and ensure their drivers are not engaging in such practices.


Fleet Safety & Compliance: Tools and Resources for Success


In addition to these regulatory updates, Brandon and Brian highlighted a variety of tools and resources made available by Trucksafe to help motor carriers stay compliant and maintain safety excellence.


eRegs


Brandon emphasized the benefits of eRegs, a digital tool developed by TruckSafe that provides fleets and drivers with easy access to up-to-date FMCSA regulations. The app not only offers a digital version of the most current versions of the regulations but also includes educational content and FMCSA guidance to help fleets navigate the complexities of compliance. With eRegs, fleets can quickly search for specific regulations and find answers in real-time, helping them avoid costly compliance mistakes. They can also easily distribute the regulations to their drivers right on their mobile devices.



TruckSafe Fleet Compliance Network


The TruckSafe Fleet Compliance Network is another resource Brandon encouraged listeners to explore. This free online platform allows safety professionals to connect, ask questions, and share insights. With hundreds of experienced safety professionals contributing to the community, it’s an invaluable resource for anyone responsible for fleet compliance. The network also provides access to exclusive content, including webinars, video training, and DOT compliance courses.



New Trucksafe Services


Brandon and Brian also announced two new TruckSafe services that aim to provide even more in-depth support for fleets:


  • TruckSafe Micro Audits: These are quick, virtual audits that allow carriers to get a high-level overview of their compliance standing. Micro audits focus on key compliance areas such as driver qualification files, vehicle maintenance records, and hours-of-service logs, providing fleets with a snapshot of where they stand and what improvements need to be made.


  • Bootcamp On the Road: For companies or groups looking for a more tailored training experience, TruckSafe now offers private Fleet Compliance Bootcamps. These private sessions can be customized to focus on specific topics relevant to the client, offering either a full-day or day-and-a-half training experience.


CVSA Conference Insights: Upcoming Changes and Safety Initiatives


Brian provided an inside look at the recent CVSA Annual Meeting held in Montana. The CVSA, which represents law enforcement officials from across North America, plays a significant role in shaping safety regulations and enforcement policies for the trucking industry.


One of the biggest discussions at the conference centered on the introduction of Level 8 electronic inspections. Currently being tested in six states, Level 8 inspections aim to streamline roadside inspections by electronically pulling critical information about a driver and vehicle, including registration details, hours-of-service records, and driver qualifications. While still in its early stages, the introduction of Level 8 inspections could have a profound impact on fleet operations by increasing the number of inspections without requiring physical stops, thereby increasing data that may affect CSA scores.


The conference also discussed personal conveyance (PC) regulations, which continue to be a gray area in enforcement. The challenge with PC is its subjective nature, and as Brian noted, FMCSA is still exploring how to regulate and enforce its use more consistently.


New FMCSA Emergency Declarations


In light of Hurricane Helene and other natural disasters, the FMCSA has issued several new emergency declarations that temporarily waive certain hours-of-service and other regulations for drivers providing direct assistance to emergency relief efforts. These declarations, which are posted on the FMCSA website, provide carriers with much-needed flexibility during disaster recovery efforts. Brandon and Brian emphasized the importance of understanding the specific terms of these waivers, as carriers and drivers must return to full compliance once their involvement in the emergency relief effort concludes.


Conclusion: The Road Ahead


As the trucking industry faces an evolving regulatory landscape, the key to success lies in staying informed and proactive. FMCSA’s Clearinghouse Phase II will bring major changes that could affect thousands of drivers, while enhanced enforcement of ELD fraud and other violations will keep fleets on their toes.


By leveraging digital tools like eRegs, participating in the TruckSafe Fleet Compliance Network, and staying ahead of emerging regulations, motor carriers can better navigate these challenges and ensure they remain compliant.


About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.