The Department of Transportation ( DOT) preempts OSHA's jurisdiction over the interstate trucking industry while traveling public roads. OSHA's jurisdiction over interstate motor vehicles is limited to vehicles operated in the workplace and not on public roads. OSHA also has jurisdiction over all intrastate trucking (such as gravel and sand haulers, logging, agriculture, and cement and concrete mixers). DOT has jurisdiction over transportation of hazardous materials, whether interstate or intrastate. Highway Driving Overview US Department of Transportation ( DOT). Oversees the formulation of national transportation policy and promotes intermodal transportation. Its agencies include: Federal Highway Administration ( FHWA Federal Motor Carrier Safety Administration ( FMCSA Federal Aviation Administration ( FAA Federal Railroad Administration ( FRA Maritime Administration ( MARAD and the US Coast Guard ( USCG). The newly created Transport Security Administration ( TSA) was initially part of DOT and is now part of the US Department of Homeland Security. Federal Motor Carrier Safety Administration ( FMCSA) Interstate and Intrastate Regulatory Guidance Interstate commerce is under the jurisdiction of DOT. However, intrastate commerce is under the jurisdiction of OSHA. The following are a few sample questions of the type of regulatory guidance provided on the FMCSA site: 390.3 General Applicability How does one distinguish between intra- and interstate commerce for the purposes of applicability of the Federal Motor Carrier Safety Regulations ( FMCSRs)? FMCSR Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper's fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is.
The States and Washington, DC are the backbone of Commercial Driver's Licensing. They issue the licenses and assess the qualifications and validity of each of their drivers. Click on any of the following items to learn more. Certifications and Record Checks When an individual applies for a CDL, or attempts to renew or update his or her CDL, the State must perform a check of its databases, and of the Commercial Driver's License Information System ( CDLIS and the National Driver Registry ( NDR) to ensure that the driver is not disqualified in that State or another jurisdiction, or does not possess a commercial license from more than one jurisdiction. If the driver possesses a license from another jurisdiction, the State must require the CDL applicant to surrender his/her driver's license issued by that jurisdiction before issuing a new license. The State must request the complete driving record of the applicant from all jurisdictions where the driver was previously licensed in the past 10 years. As of January 30, 2012, for each operator of a commercial motor vehicle required to have a commercial driver's license, the current licensing State must: Require the driver to certify as to the type of operation the driver expects to conduct and post the driver's self-certification to the State's driver history record ( See self-certification FAQ's Obtain the original or a copy of the medical examiner's certificate documenting that the driver is physically qualified to operate a commercial motor vehicle and retain the certificate for three years beyond the issue date of the certificate; and Post the information from the medical examiner's certificate within 10 business days to the CDLIS driver record. Within 10 calendar days of receiving information from FMCSA regarding issuance or renewal of a medical variance for a driver, the State must update the CDLIS driver record to include the.
Commercial Driver’s License ( CDL) Information How to Apply for a Maryland Commercial Driver Learner’s Permit You do not need to make an appointment to start the process, but please bring proof of your age, identity, and Maryland residence with you when you come to the MVA. Please refer to sources of proof for the required documentation. A commercial driver license holder with a HAZMAT endorsement must undergo a criminal background check, including a fingerprint process. ( U. S. A. Patriot Act). Drivers of heavy trucks, buses and vehicles placarded for hazardous materials must have a special commercial driver's license with proper endorsements. Vehicles over 26,000 lbs., buses designed to transport 16 or more passengers including the driver, all school buses, mobile cranes, uncoupled tractors (i.e., bob tails and most tow trucks are included. You must be 18 years old to obtain a learner's permit for an intrastate commercial driver’s license, 21 years of age for an interstate one. In addition, you must also have a full Maryland driver's license (not a motorcycle license). You may be required to provide documented proof of your social security number. Your name must match the Social Security Administration’s records to be verified by their files. If you change your name, you must update your file with the Social Security Administration (not at the MVA) and it may take a minimum of 48 hours or longer for them to update their records with your name change. You must pass a vision screening and knowledge test. Out-of-state learner's permits cannot be exchanged for a Maryland learner's permit or license. A valid U. S. Department of Transportation ( DOT) physical card and a valid intrastate or interstate waiver/exemption if required. The Medical Examination Report for DOT physical card information is downloadable. The CDL Medical Waiver Information Packet for an intrastate or.
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