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How to determine if you’re DOT Regulated
The US Department of Transportation is as simple and complex as any other federal agency.
In simple terms – if something or someone is being transported – it likely is regulated by the DOT. That includes those that specialize in transportation but also companies that are not for hire but transport as part of their daily operations. According to DOT, it’s when the use ‘furthers commerce’, ie, the travel is business related.
To be more specific (or more complex) that travel can fall under multiple agencies under the great umbrella of DOT. There are currently eleven sub-agencies operating within USDOT; all managing a specific mode of transportation or oversight of safety. Each oversee specific transportation modes and can overlap depending on their specific area of focus. The primary transportation modes defined under USDOT include Aviation, Maritime, Pipelines, Railroads, Roadway and Transit. Essentially if it moves, DOT oversees it.
To further muddy the waters, each of these agencies have specific guidelines and regulatory requirements that sometimes overlap, and companies, cargo or operators can be subject to multiple agencies requirements at once.
For companies unsure if they’re subject to Motor Carrier regulations, FMCSA has a helpful tool that identifies exposure to the regulations. If the company’s operations include travel across state lines (Interstate), the CSA Motor Carrier Safety Planner provides an online guide to helping CMV companies comply with those regulations.
If a company determines they are operating in an Intrastate capacity (not crossing state lines) then they have to look towards the State specific regulatory requirements to determine if the State of their operation requires a USDOT number, or has State-specific definitions of CMV (Commercial Motor Vehicle) operations. For some states this is called a State Transportation Code.
Unfortunately there is no Federal database that includes all State-specific regulations, exposure or licensure requirements for those impacted companies. Further adding to the difficulty of staying compliant is that States add or update State Regulatory Requirements on an inconsistent basis, and all have differing requirements on how to report how it may or may not impact companies within their borders. The nuances between Inter and Intra state operations, the State specific regulatory requirements and the multiple agency exposure under the umbrella of DOT all lead to the same repetitive question – what are companies are subject to?
The answer is different for every company. How they operate, where they travel, who or what they haul, and whether there is a direct or indirect payment for that transport all have an impact on how to the answer to that question. At Lee Trans we work with companies reviewing potential exposure by conducting Mock Audits, Operational Reviews and when necessary Due Diligence Checks to ensure our clients know the exact exposure they’re facing and have a gameplan on how to ensure compliance is met from day one.
We see daily how ‘Hidden Fleets’ learn they’re not compliant with Federal requirements after disaster strikes. Or how smaller carriers realize their exposure after they change their operations as they grow. Companies managing their regulatory exposure in-house are tasked with understanding the ins and outs of an agency that has undergone significant changes in the last decade and are posed to propose several new rules in the coming years. I recommend registering for email updates of the Federal Register, to watch for proposed rulemaking, final rules and notices.
In short – there is no clear yes/no answer for companies looking to see if they’re regulated under DOT. A review of their operations is needed, an audit of travel expectations and a cross-audit of the many sub-agencies is warranted to truly understand exposure. Lee Trans works diligently to help Motor Carriers navigate these regulations, implement successful safety programs, and provide the tools and resources necessary to ensure compliance. Contact us at 1-888-569-1675 for assistance.
Full Link Details:
https://www.transportation.gov/research-and-technology/research-mode-transportation
https://www.federalregister.gov/agencies/transportation-department
https://www.transportation.gov/odapc/part40QA/40-3
https://www.fmcsa.dot.gov/usdot-wizard
https://csa.fmcsa.dot.gov/safetyplanner/
https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new?preferences=true#tab1