Hiring Non-US CDL Drivers

As the trucking industry is in demand for CDL drivers, many motor carriers are looking toward our neighboring countries of Mexico and Canada to help supply CDL drivers. The US, Mexico, and Canada agree that the CDLs are valid in each country spanning North America. All other foreign drivers will have to go through the process of getting their CDL license to drive in the US. This inclines motor carriers to have contracts with Canadian and Mexican drivers to drive across the US and back to their countries. However, there are constraints when foreign drivers are inside the US. The top two problems are getting visas and up-to-date motor vehicle records (MVRs).

Visas

Visas are an important part of the approval process for drivers trying to drive in the US, and it is the first step they must take. The driver must pass a formal interview and wait for approval of their visa. This process typically takes a couple of months, but in case of an emergency, it may be expedited to days, according to the US Department of State. Every application can vary.

Additionally, there are many different types of visas. Picking the right one is essential. Details on the various visa classifications can be found here: Visa Classifications That Allow You To Work In The US. Typically, when it comes to picking the visa for a truck driver, the most common classifications chosen are B-1, H-2B, and EB-3 visas. Seeking legal counsel is the best choice when trying to apply for a visa. However, there is a caveat associated with getting B-1 visas.

 It is unlawful for drivers who have B-1 visas to make domestic drops of product in the US. There are many motor carriers that have been fined up to $40,000 for unlawful use of the visa. B-1 visas were never intended to be used to work legally in the US. The only legal way for people to work in the US is if they are citizens, permanent residence holders, or have a visa that allows work in the US.

MVRs

MVRs are a requirement from the FMCSA 49 CFR 391.51. When hiring drivers from our neighboring countries, the process is different from that in the US. The typical process in the US is to contact the state motor vehicle operator’s license to receive the MVR. However, the only way to get an MVR from a Mexican CDL driver is for the driver to do the transaction within the state you are from. This transaction must be done in person and cannot be done on the phone or online, which can be difficult because you must rely on the driver to get the information to you. For Canadian CDL drivers, the process is simple, as you can order these online from each of the provinces in Canada. The term for MVRs in Canada is “driver abstracts.”

Driver qualification requirements:

As for the rest of the driver qualification (DQ) requirements, Mexican and Canadian drivers still fall under these, and following are ways to verify the, 

• Driver application - completed with 10 years of driver history and driving experience. A non-US CDL driver would fill it out. 
• Copy of both sides Class A or B CDL (26,001 lbs or hazardous materials (HM)) with endorsements/ restrictions. It will be on non-US CDL driver licenses - example: transportation of dangerous goods (TDG) is the same as HM (copy of both sides). 
• Previous employer response history: previous three years (within 30 days) Motor carrier job to reach out in good faith. 
• Certificate of violation/MRV/annual review (at hire and every 12 months) See above on how to acquire an MVR. 
• Medical certification (not expired): Verify medical provider on national registry Canadian and Mexican CDL drivers are not required to have medical cards on them. It is linked to their CDLs: medical qualification. 
• Pre-employment drug screen before starting to drive (CDL driver only). Same process as normal CDL drivers. 
• Drug and alcohol clearing house: prospective or current driver (CDL driver only). This is still a requirement - FMCSA FAQ is attached to the CDL number from either Canada or Mexico
• Road test: can accept a copy of the CDL unless tanker or double/ triples endorsement; best practice to road- test prospective drivers for at least 20 miles. 

Conclusion

While the demand for CDL drivers in the trucking industry has led motor carriers to seek drivers from our neighboring countries, there are obstacles to overcome in terms of obtaining visas, MVRs, and following DQ requirements. It is crucial for motor carriers to navigate these challenges by seeking legal counsel and ensuring compliance with regulations to avoid fines and legal issues when proceeding with this process. (The proceeding information provided by Gallagher Safety Lane)

As a professional driver subject to the sun’s rays constantly you need to make sure you are wearing the proper sunglasses to protect your eyes.  In addition, proper sunglasses allow you as a driver to operate safely at an increased level of visibility. 

Tips for Choosing the Right Sunglasses

Sunglasses  are not just a fashion accessory. They are an important protection for your eyes against the damaging rays of the sun. It is important for you to know what kind of light you need to protect your eyes from and what type of light is not necessarily harmful. Here are some tips for picking the right pair of nonprescription sunglasses.

Choose glasses that block 99 percent of ultraviolet (UV) rays. This is the most important feature of your sunglasses, and you should always choose sunglasses that provide this protection. Long-term exposure to ultraviolet (UV) radiation in sunlight is linked to eye disease, including cataracts. Some manufacturers' labels say UV absorption up to 400nm. This is the same thing as 100 percent UV absorption. Some glasses make additional claims for blocking infrared rays, but research has not shown a close connection between infrared rays and eye disease.

Do not rely on the price. Budget conscious? Many types of affordable sunglasses offer 99 to 100 percent UV protection, so you do not need to spend a lot of money on a pair of sunglasses

Check the quality of the sunglasses. In addition to UV protection, you also want to check the optical quality of the lenses. You can easily test the quality of sunglasses by looking at something with a rectangular pattern, such as a floor tile. Hold the glasses at a comfortable distance and cover one eye. Move the glasses slowly from side to side, then up and down. If the lines stay straight, the lenses are fine. If the lines wiggle, especially in the center of the lens, try another pair.

Look for impact-resistant lenses. All sunglasses must meet impact standards set by the U.S. Food and Drug Administration (FDA) for safety. No lens is truly unbreakable, but plastic lenses are less likely to shatter when hit by a ball or stone. Polycarbonate plastics, used in many sports sunglasses, are especially strong, but scratch easily. If you buy polycarbonate lenses, choose ones with a scratch-resistant coating.

Use protective eyewear instead of sunglasses for hazardous activities. If you are going to be engaged in outdoor activities like water or snow skiing that put your eye at risk for injury, don't count on your eyeglasses for protection. Protective eyewear is available with UV protection to shield your eyes from sunburn and glare.

Lens color tinting and polarization are personal preferences. There is no medical reason to recommend one tint of lens over another. Likewise, while polarized lenses work better at deflecting glare, they are not blocking any more harmful UV light than non-polarized lenses.

Once you have the right sunglasses, make sure you wear them, especially in the summer when UV levels are at least three times higher than in the winter. Also be sure to wear them when participating in winter sports, particularly at high elevations.

At a June 27 oversight hearing by the House Transportation and Infrastructure Committee, Transportation Secretary Pete Buttigieg assured members that the Drug Enforcement Administration’s recent proposal to reclassify marijuana from Schedule I to Schedule III will not affect the current requirements to test transportation workers, including truck drivers, for marijuana.

The American Trucking Associations has argued that the DOT drug testing rules are governed by the Department of Health and Human Services mandatory guidelines which limit testing to Schedules I and II drugs.  Secretary Buttigieg testified that the DOT requirements refer to cannabis by name, and not merely by the class of drug, so the agency’s testing program would not be affected by reclassification.

In addition, House Republicans sharply questioned the Secretary on a number of Biden Administration programs:

• Bruce Westerman (R-AR) raised concerns about the large amount of taxpayer funding that has been dedicated trying to force a premature fleet conversion to electric vehicles in order to address a very small percentage of global GHG emissions.
• Garret Graves (R-LA) noted how a 69 percent increase in costs of construction since the beginning of the Administration, coupled with burdensome regulatory requirements and the slow rate of spending funds authorized in the 2021 Infrastructure Act, have devalued the amount of that infrastructure funding.
• Tracy Mann (R-KS) highlighted the fact that the far-heavier electric batteries in EVs lead to more wear and tear on the nation’s highways compared to standard car batteries and weights, yet he claimed EV users do not pay their share into the Highway Trust Fund.
• Burgess Owens (R-UT) questioned the Secretary about the Administration’s reliance on sourcing critical minerals for the production of EV batteries from countries like the Democratic Republic of the Congo, which uses child labor mining practices.
• Lori Chavez-DeRemer (R-OR) discussed the need for more infrastructure project streamlining.
• John Duarte (R-CA) raised the long-delayed and overbudget $128 billion (and counting) California high-speed rail project, calling it “a hopeless boondoggle.” The New York Times has labeled the project a “multi-billion dollar nightmare.”

FMCSA Encourages Drivers to Enroll in Pre-Employment Screening Monitoring

The Federal Motor Carrier Safety Administration is encouraging drivers to enroll in the agency’s Pre-Employment Screening Program.  Commercial drivers may sign up to be notified when their PSP record changes.  PSP monitoring is a free subscription and is for the use of drivers only.  The drivers may unsubscribe at any time.

PSP records provide access to a commercial driver’s individual crash and roadside inspection history from the FMCSA Motor Carrier Management Information System (MCMIS) database.  Drivers who subscribe for free monitoring will receive an email each time their records change and will also see a notification on their account dashboards.  About once a month, PSP records are updated with a new snapshot of information from the MCMIS database. Keeping track of updates to drivers’ PSP records requires a commitment of time, effort, and attention.

PSP also allows employers of commercial drivers to access 5-year crash and 3-year inspection histories during the pre-hire process.