FMCSA January 2023 Updates

on Tuesday, 24 January 2023.

MLK LogistecFMCSA Updates SMS Website

FMCSA has updated the SMS Website with the December 30, 2022 results. Complete SMS results are available to enforcement users and motor carriers that are logged into the SMS Website.

As of December 1, 2022, SMS now includes the following ELD violation in the HOS Compliance BASIC with a severity weight of 3:

  • 395.24D: ELD cannot transfer ELD records electronically

Violations cited prior to December 1, 2022 will not be used in the SMS calculations. This update further aligns SMS with the latest changes to violations recorded as part of FMCSA’s roadside inspection program. More details are available in Version 3.14 of the SMS Methodology document and the SMS Appendix A spreadsheet.

Pre-employment Investigations for Drug and Alcohol Program Violations

As of January 6, 2023, the Drug and Alcohol Clearinghouse now contains three years of data. This means that a pre-employment Clearinghouse query satisfies the requirement to investigate a prospective driver's previous drug and alcohol program violations, as set forth in 49 CFR 391.23(e)(4) and 382.413(b), as it pertains to FMCSA-regulated employers. Inquiries not conducted under § 382.701(a) will not satisfy these inquiry requirements. For more information, see the updated Clearinghouse frequently asked questions.


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