FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION – FMCSA
Post-accident drug testing is required and must be completed within 32 hours of release from an accident. Post-accident alcohol testing must be done within 2 hours of the accident. The tests are only required for recordable accidents. A (recordable) accident is defined in 49 CFR 390.5 as: “An occurrence involving a commercial motor vehicle operating on a public road in interstate or intrastate commerce which results in:
(I) A fatality;
(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.”
In the event that the driver can not get to a drug testing facility within the required time, a statement noting the reason why must be added to his Driver Qualification File.
UNIFIED CARRIER REGISTRATION SYSTEM – UCR
The Unified Carrier Registration System (UCR) is a federal law that applies to the operations of a truck or bus in interstate or foreign commerce. The 2024 filings are not delayed this year. Individuals and companies that operate commercial motor vehicles in interstate or foreign commerce are required to register their business with their base state. If you own multiple companies they must be registered individually, including any companies that own vehicles or have a brokerage license.
Companies operating solely as brokers, freight forwarders, or leasing companies are also required to register and pay a fee of $37. Companies providing both motor carrier services as well as broker, freight forwarder, or leasing services are required to pay the fee set at the motor carrier level.
CALIFORNIA
California has a new emissions program for heavy-duty trucks – known as Clean Truck Check. This program is not just for California-based carriers. All out-of-state and out-of-country vehicles, California motorhomes, and agricultural vehicles that operate in the state are required to comply.
Owners of vehicles subject to the program must report their vehicles to the California Air Resources Board (CARB) and pay the annual compliance fee of $30 per unit by December 31, 2023.
Clean Truck Check is designed to ensure trucks operate at maximum efficiency for the life of the vehicle and to help California meet its air quality standards. The program applies to diesel and alternative fuel trucks and buses with a gross vehicle weight rating (GVWR) of over 14,000 pounds.
Trucks equipped with 2013 and newer model-year engines with onboard diagnostics (OBD) will need to submit an emissions test twice a year, with that number increasing to four times a year after three years. The tests on these trucks will be conducted by a telematics device that meets CARB’s data format submission requirements, or hand-held scan tools and plug-in dongles that meet CARB’s data submission requirements.
Pre-2013 model-year engines without OBDs must submit an opacity test and a visual/functional inspection twice a year. The opacity test must be up to the SAE J-1667 opacity standard. Alternative fuel trucks are exempt from the opacity test. The visual/functional inspection must be performed by a credentialed tester and is meant to check for tampering with the emissions system.
Passing tests must be submitted within 90 days before compliance test deadlines. For trucks registered in California, the deadline is based on the truck’s DMV registration date. For example, if the truck’s DMV registration date is March 31, its periodic submission deadlines would be March 31 and September 30 (6 months later) for a given year.
Since January 2023, Roadside Emissions Monitoring Devices (REMD) have been used throughout California to screen for potential high-emitting vehicles. Owners of vehicles identified as potential high emitters are being issued a Notice to Submit to Testing (NST) letter and have 30 days to submit a passing emissions test to CARB. Failure to submit a passing test may result in:
An enforcement violation with a fine, loss of compliance certification, and California vehicle registration hold.
The test can be conducted anywhere using the truck’s on-board diagnostic (OBD) system provided it’s performed by a CARB-credentialed tester using a CARB-certified readout device. When submitting testing and reporting data using telematic devices that have received CARB certification, a CARB-credentialed tester is not required.
If you received an NST letter, you have 30 days to submit a passing emissions test to CARB. To help get your vehicle tested, check the list of “Available for Hire Credentialed Testers” on the CARB website. The list includes commercial CARB-credentialed Clean Truck Check Testers with contact information.
The Clean Truck Check program applies to all trucks and buses with a gross vehicle weight rating over 14,000 pounds operating in California, including out-of-state and out-of-country vehicles.
The December 31 deadline is near but a lawsuit has been filed to block the enforcement of this regulation.
KENTUCKY
Carriers may contact our office to update their equipment inventory with the state. Every truck or combination unit that has a combined gross weight of 60,000 pounds or more must be registered with the state before entering the state. The state is now requiring the license plate number for each vehicle to be on file.
NEW YORK
The state’s Ton Mile Tax registration and decals will expire on December 31, 2024. The current 24th series decals and certificate of registration are valid for three years from 2022 to 2024.
Before operating a motor vehicle on the public highways of New York State you must obtain a certificate of registration and decal for each motor vehicle subject to the highway use tax.
A TMT certificate of registration is required for any truck, tractor, or other self-propelled vehicle with a gross weight over 18,000 pounds.
If you elect to use the unloaded weight method to file your returns, a certificate is required for any truck with an unloaded weight over 8,000 pounds and any tractor with an unloaded weight over 4,000 pounds.
Permits that expire December 31, 2023:
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UCR Registration
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State IFTA licenses and decals
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New Mexico Tax ID Permit
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Various Intrastate Authorities
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Michigan Intrastate CVED Decals
(Intrastate carriers only)
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Various State Hazmat Permits
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US Customs Transponders
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