DOT Announces English-Only CDL Tests and Other Safety Measures. At a recent press conference, Transportation Secretary Sean Duffy has announced that in the future all CDL driving tests must be administered in English only. Duffy said that in California, an applicant may currently take the CDL test in 20 different languages. He asserted that the Federal Motor Carrier Safety Administration would begin a rulemaking to require the state driver licensing agencies to conduct CDL testing in English only as a safety measure.
This is the department’s latest step to upgrade the regulation of commercial vehicle drivers. Secretary Duffy also complained about the self-certification process for entry-level driver training schools. He claims many of these schools do not have an adequate curriculum for training, and some do not even have any trucks or buses on which to train drivers.
Further, the Secretary noted that many states allow third parties to conduct the CDL test, but the states do not adequately audit these testing services. DOT has recently closed or threatened to close 7000 entry-level driver training schools for fraud or lack of compliance with the regulations.
Duffy also said that DOT will crack down on individuals with multiple USDOT numbers, known as chameleon carriers. DOT intends to assure that DOT numbers are affiliated with a legitimate business. Duffy said the department will also increase enforcement of illegal use of Electronic Logging Devices by drivers.
Federal Motor Carrier Safety Administrator Derrick Barrs noted several recent fatal truck crashes involving carriers who had changed USDOT numbers repeatedly to avoid regulation. He said FMCSA will enforce regulation of a carrier’s principal place of business as part of the DOT number, and the agency’s new MOTUS registration system will help to improve the vetting system for new carriers.
Barrs said FMCSA intends to end the self-certification process for entry-level driver training schools and adopt a third-party certification process similar to the approach used by Transport Canada.
Barrs also stated that FMCSA has withdrawn the certification of 42 ELD providers and had denied certification of 238 ELD applicants. He asserted that FMCSA will initiate a rulemaking to strengthen the ELD vetting requirements and reform the self-certification process.
FMCSA Reminds Motor Carriers to Register for Motus. The Federal Motor Carrier Safety Administration has sent out a notice reminding carriers to complete the actions necessary to prepare for the launch of Motus, US DOT’s new registration system that will be launched later this year.
To ensure that carriers have access to the system when it is implemented for all users this year, FMCSA says each company should take the following steps:
- Ensure your FMCSA Portal account is active.Log in to your Portal account to confirm it is active, or follow the steps below to create one now.
- Verify your Portal account user list.Ensure that the listed Company Official is the company owner or employee responsible for managing FMCSA registration.
- Verify your Portal account user list.Ensure that the listed Company Official is the company owner or employee responsible for managing FMCSA registration.
The agency asserts that once you have completed these steps, no further action is required at this time. FMCSA will continue to provide additional updates and instructions as the system launch date approaches.
If your company does not have an FMCSA Portal account, you may create one using this three-step process;
- Retrieve Your USDOT PIN: To register as a Company Official, you must have a valid USDOT Number and USDOT PIN. If you do not have your USDOT PIN, you can request it via email, text, or mail through the FMCSA SAFER website.
- Create a Login.gov Account: FMCSA systems, including the Portal, require a Login.gov account for secure access. Ensure the email address you use for Login.gov matches the one you will use in the FMCSA Portal. This is also the email address you will use to log into Motus when it launches for all users this year.
- Register for a Portal Account: Navigate to the FMCSA Portal Registration page and select “Company Employee or an Associate of a Company” under “Company User.” Enter your USDOT Number and PIN, add the “Portal Company Official” role, and submit your request. For more help completing this action, see the Portal user guide below. If you encounter issues, call us at 1-800-832-5660 and select option 2.
Labor Department Proposes Revisions to Independent Contractor Rules. The Department of Labor Wage and Hour Division has released a proposal to revise the standards for determining whether a worker is an independent contractor or an employee. The proposal would rescind changes to the criteria made in the Biden Administration and revert back to the standards used in the first Trump Administration.
The department’s proposed rule would:
- Apply an “economic reality” test to determine whether a worker is in business for himself or herself as an independent contractor or is an employee economically dependent on an employer for work.
- Identify and explain two “core factors” that will be given greater weight to help determine if a worker is economically dependent on an employer for work or in business for him- or herself:
- The nature and degree of control over the work.
- The worker’s opportunity for profit or loss based on initiative and/or investment.
- Identify other factors to help determine a worker’s status as an employee or independent contractor, including the amount of skill required for the work, degree of permanence of the working relationship, and whether the work is part of an integrated unit of production.
- Advise that the actual practice of the worker and the potential employer is more relevant than what may be contractually or theoretically possible.
- Provide eight fact-specific examples applying the factors to real-life circumstances.
The proposed rule states that certain employer requirements do not demonstrate a degree of control requiring employee classification. These include requiring a worker to comply with specific legal obligations, meet health and safety standards, carry insurance, or meet deadlines. This departs from the Biden-era rule as well, which stated that several of these things could be considered evidence of control in appropriate circumstances.
Unlike employees, who are covered under the Fair Labor Standards Act, independent contractors are not entitled to a minimum wage, overtime pay, unemployment insurance, and worker’s compensation. Commercial motor vehicle drivers who are subject to the federal hours of service regulations are separately exempt from overtime requirements under the FLSA.
