OUR ANSWER TO QUESTION ONE:
No. It does not matter how many vehicles are registered with the International Registration Plan (IRP). The Electronic Logging Device (ELD) exemptions apply to the Hours of Service rules not the IRP.
OUR ANSWER TO QUESTION TWO:
When a vehicle is registered, the model year should follow the criteria established by the National Highway Traffic Safety Administration (NHTSA). So, yes, there may be instances where the model year reflected on the vehicle registration is not the same as the engine model year, most commonly when a vehicle is rebuilt using a “glider kit.” In this instance, an inspector/investigator should use the model year on the engine to determine if the driver is exempt from the ELD requirements. If the engine model year is older than 2000, the driver is not subject to the ELD rule. In instances in which the engine model year is 2000 or newer, and the vehicle registration reflects a model year older than 2000, the driver is subject to the ELD rule. While the driver is not required to possess documentation that confirms the vehicle engine model year. 49 CFR Part 379 Appendix A, requires motor carriers to maintain all documentation on motor and engine changes at the principle place of business. If a determination cannot be made at the roadside, Law Enforcement should refer the case for further investigation.
OUR ANSWER TO QUESTION THREE:
Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR §1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§391.11(b)(4) and 391.41(b)(12)). In addition to the physical qualification requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any Schedule I controlled substance, including marijuana, while on duty, and prohibits motor carriers from permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I controlled substance. (§§ 392.2 and 392.4). Legalization of marijuana use by States and other jurisdictions also has not modified the DOT’s drug testing regulations in 49 CFR parts 40 and 382.
OUR ANSWER TO QUESTION FOUR:
An authorized for-hire motor carrier transports passengers, regulated property or household goods owned by others for compensation. If you are a for-hire carrier, in addition to the USDOT number you will also need to obtain operating authority (MC number).
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