Midwest Compliance Inc.

Speaking Up for the Little Guys

2011-04-27T11:17:00.000-07:00

by Billy Woolsey, President
Midwest Compliance Inc.

There is a considerable divide between large and small carriers on the issue of electronic logging. Many large carriers support a proposed government mandate, while a majority of smaller carriers do not ( unless required to do so as a result of a compliance review).

Many of the industry associations have come out in support of electronic logging. The American Trucking Associations, Truckload Carriers Association, and some of the state associations are among those who have official policies of backing this proposed mandate. While these groups have provided the Department of Transportation with a list of issues they want considered in conjunction with the mandate, their support is not contingent on any of these being acted upon.

Some might find it a bit disingenuous of our politically and fiscally conservative industry to invite more cost and regulation into business for any reason. To “level the playing field” , “drive the bad actors out” or “ensure compliance” are all stated as the driving forces behind this acquiescence . What about all the safe, reputable carriers who are doing things right today? Despite having no history of violations indicating a need for this measure, they’ll be forced to incur additional, unnecessary cost in a fragile economy. As one of my friends (small carrier owner) says “whatever happened to being innocent until proven guilty”? This particular carrier is not unlike many thousands out there – they see their drivers regularly, operate safely, maintain their equipment and log legally. They don’t need this added burden as they try to grow their businesses and add jobs to our economy.

When a large carrier is notified of a full compliance review, invariably the concern within the company is to make sure the logs are in order. Competent staff on hand generally ensures that driver qualification files, maintenance records and drug and alcohol testing are taken care of in accordance with regulations. But the complex array of freight operations, myriad of shippers and the fact that fleet managers may have no personal contact with their drivers makes the record of duty status the one area that large carriers most fear in an audit. Having e-logs will eliminate many of the potential violations and may make perfect sense for the carrier. The on board equipment can also provide many additional bits of information for management – engine data, fuel tax reporting, geo fencing, etc. but it comes with a price. That price is a potential difficulty in competing for drivers in a market that will soon experience a tremendous shortage of safe, experienced and qualified drivers.

We have a useful, evolving tool in the new Safety Management System – Compliance, Safety, Accountability (CSA) . It is supposed to focus the limited resources of enforcement agencies onto those carriers and individual drivers whose roadside inspection history and/or crash history indicates the need for an intervention at some level. We should use CSA for the purpose it was intended for. Target those carriers who need intervention and if the results indicate a need for e-logging – mandate it for those deficient carriers.

Data provided by the USDOT for 2010 shows a 5.3% out of service rate for drivers and 20.0 % out of service for vehicles during roadside inspections. Using their own statistics, one could argue there is a four times more urgent need to mandate all carriers be enrolled in some form of mandatory, government run, vehicle maintenance consortium.

To add further insult to the injury is the announcement that FMCSA will be paying for the e-log equipment provided to the Mexican carriers operating on our roads. Could an administration be more blind to how it is viewed by the public it serves? The last election cycle clearly sent the message that Americans want smaller, more efficient government that does not impose unnecessary barriers to success on private business. Truckers realize there are NAFTA provisions and tariff considerations on the table but these should never trump common sense and good business practices. The DOT is most assuredly missing the mark on this issue and fuels a widely held belief that they’re trying to put smaller carriers out of business.

Make no mistake about it, this is a political issue and not one of safety. There are good things this DOT is doing – following though with CSA is one of them. The initiative to battle distracted driving is crucial and a great example of something all of us can get behind in an effort to make our shared roads safer. This industry recognizes that safety is good business and does it’s part to improve every day. We don’t need to roll over on something that does not return a benefit for the cost and intrusion incurred.

If you are against this proposed mandate, do not accept the inevitability of it becoming law. Let your elected officials know why it is bad for small business.

Latest Updates

2011-03-24T09:41:00.000-07:00

Extra Enforcement for Hwy 43 Bridge in Winona

Courtesy MTA

The Minnesota Department of Transportation is seeking assistance in reminding the users of Mn/DOT Bridge 5900 (carrying Highway 43 over the main channel of the Mississippi River) that the bridge is posted at 40 tons gross weight per vehicle. Mn/DOT's Weigh-In-Motion (WIM) sensors and camera have detected a number of overweight vehicles are still illegally using this bridge.

Please advise users that Mn/DOT has requested additional enforcement efforts of the gross weight posting on this bridge. The posting was put into effect last June to reduce stresses on certain bridge members and reduce the need for repairs and associated traffic interruptions. More frequent repairs may be needed if Mn/DOT continues to see loading above the posted limits. The Highway 43 Bridge is posted at 40 tons gross weight per vehicle, regardless of the nature of the load (no exceptions for timber or agricultural products) or winter weight increases.

Seasonal Load Limits

Courtesy MTA

Spring truck weight limits in the central frost zone will end at 12:01 a.m. on May 4. On May 8, weight limits will be lifted in the north central and north frost zones as well, the Minnesota Department of Transportation announced.

When the limits end for the north central and north zones, spring weight limits will end statewide. Mn/DOT lifted weight limits in the south, southeastern and Twin Cities metropolitan area frost zones on April 27.

Spring load restrictions dates and the six frost zones in Minnesota are listed on the Mn/DOT Office of Materials' Web site: www.mrr.dot.state.mn.us. Click on "seasonal load limits," then click on "spring load restrictions." This Web site contains the most up-to-date information on spring load restrictions.

The ending dates for spring restrictions are based on how weather affects roadway strength. These dates are established by monitoring roadway strength as weather conditions change. All changes are made with a minimal three-day notice.

For the most current information, please go to Mn/DOT's automated message center for a taped message at 1-800/723-6543 for the U. S and Canada; call 651/366-5400 for information about the Minneapolis-St. Paul metropolitan area.

Barbara Kopka Promoted

Barbara Kopa has been promoted to Vice President of Drug and Alcohol Programs at Midwest Compliance Inc.

As a DATIA certified DER and CPC, Barb oversees all aspects of our federal and workplace drug and alcohol testing programs.

Midwest Compliance Opens New Site

We're excited about the opening of our new exam facility in the north metro area.

When your drivers need a DOT physical or a drug test, give us a call at 800-656-1396 to schedule an appointment.

We are located in the Truck Writers building in Blaine, on the west side of the 35W Service Road.

If you have questions, or would like additional information, give us a call we’d be happy to set up a consultation for you. Until then….take it one load at a time!

When a Positive is a Negative

2011-03-16T12:38:00.000-07:00

Educate your drivers about the federal drug testing pitfalls!

by Sandra Brakstad, CEO
Midwest Compliance Inc.

Our industry has been testing drivers for controlled substances nearly seventeen years and carriers are still telling us “it’s not really a positive because the driver only took a couple of their spouses pain pills for a sore back…or the driver only took a spoonful of his son’s prescription cough syrup because they both have the same cold symptoms.”

Sorry, but in the above examples the test result will be deemed a positive test because the prescription drug ingested by the driver was not prescribed to the driver.

As you know, a positive result can set off a long chain of events;
1) The carrier must now direct the driver to a Substance Abuse Professional, (SAP), for an evaluation - usually at the driver’s expense.
2) Once evaluated, the driver may be directed to enroll in some type of therapy or at the very least an educational class, once again at his expense.
3) The therapy/education may take several weeks during which time the driver is not permitted to work in the capacity of performing a ‘safety-sensitive’ job. See 49CFR Part 382.107 for the definition of safety-sensitive function.
4) Once class time is completed, the driver must pass a return-to-duty drug/alcohol test, at his expense.
5) And if the carrier’s policy allows the driver to return to work or requires the driver to find another carrier to hire him; now the employing carrier must conduct the follow-up program prescribed by the SAP, which could run out over a 60 month period, and most likely the driver will have to pay for each follow-up test.

We live in a noisy, busy world and many of us do not want to take time from work for a doctor’s visit for an annoying back ache, or head cold. That’s understandable, but if you are enrolled in a controlled substance testing program, do not take someone else’s prescribed drugs! You might also suggest to your drivers they weigh the consequences of getting ‘caught’ and the time and money it will cost vs. a visit to the doctor ~ just saying.

As carriers, whether you are private or for-hire, most of you are required to have a federal testing program. You are also required to have a controlled substance testing policy written to the federal regs. (If you do not have one, visit www.midwestcompliance.com and customize your own policy.) You must ensure that each of your applicable drivers has read and signed an acknowledgment of understanding of this policy. The problem, as I see it, is many drivers do not read the policy and fail to understand the consequences of a simple act of medicating their symptoms with a family member’s prescript. To take it a step further, many of the people involved in qualifying / orienting their drivers have not read the companies policy either; or if they have, they fail to communicate the controlled substance no-no’s to the drivers.

Making certain your drivers are familiar with what constitutes a positive test result can save your company and your driver’s time and money. Below are the most common situations that will result in a positive test or be of a type that will carry the same consequences as a positive result:
• controlled substances in their system, not prescribed to them
• leaving the testing site before completion of the collection process once the process has begun
• obstructing the testing process in any way, (failing to cooperate)
• failing to appear for any test (except a pre-employment test) within a reasonable time period
• failing to permit a directly observed or monitored collection, when required
• failing to provide a sufficient amount of urine, when it has been determined through a medical evaluation that there was no medical explanation for the failure
• declining to take an additional drug test the employer or collector has directed
• possessing or wearing a prosthetic or other device that could be used to interfere with the collection
• adulterating or substituting the specimen

If you have questions, or would like additional information, give us a call we’d be happy to set up a consultation for you. Until next month….take it one load at a time!

FMCSA Drops Cargo Insurance Requirement

2011-03-08T10:18:00.000-08:00

According to the FMCSA, after March 21, 2011, freight forwarders and for-hire carriers will no longer be required to maintain cargo insurance for freight lost or damaged in transit. The Federal Motor Carrier agency said it is removing the minimum insurance requirement, which provides cargo coverage up to $5,000 per vehicle or $10,000 per incident. “FMCSA does not believe it is necessary to mandate cargo insurance requirements for the benefit of most commercial shippers,” the agency stated in a notice published in the Federal Register last year.

"Regardless of whether a carrier has insurance, for-hire carriers can be held liable for any loss or damage to cargo under existing statutes", FMCSA said. "The law also allows carriers and shippers to negotiate a limit on the value of a load for insurance purposes. And shippers can purchase insurance directly, rather than rely on motor carriers or forwarders to provide such coverage." "The current cargo insurance requirement applies to less than half of regulated for-hire carriers", the agency noted.

Minimum cargo insurance requirements will remain in effect for carriers and forwarders of household goods. “The only shippers that FMCSA considered in need of the protection provided by the cargo insurance requirement are individuals who arrange to move their own household goods,” the agency said. “Such individuals are less knowledgeable about carrier liability requirements and need the protection afforded by the existing regulations.”

ATA: Research Flawed in FMCSA Study Used to Make Hours-of-Service Changes | Transport Topics Online | Trucking, Freight Transportation and Logistics News

2011-03-02T06:15:00.000-08:00

ATA: Research Flawed in FMCSA Study Used to Make Hours-of-Service Changes | Transport Topics Online | Trucking, Freight Transportation and Logistics News

Texting Ban Should Apply to ALL Drivers

2011-02-24T13:29:00.000-08:00

by Billy Woolsey, President
Midwest Compliance Inc.

“Dad , watch out for that idiot !” is how my 15 year old son in the passenger seat brought my attention to the mini-van veering into my lane. A quick glance revealed a driver with her head angled down towards the screen of a cell phone. Had this lady been operating a commercial motor vehicle, she would be subject to a $2750 ticket for herself and an $11,000 fine for her company. With a severity weight of 10 for this violation, their CSA scores would be hit as well. It is also a disqualifying offense for CDL holders.

Currently there are around 30 states that do ban texting while driving for everyone and another 8 who ban texting for novice (under age 18) drivers. Of course, since October 2010 , all CDL operators are banned by federal law from the practice. CMV drivers are, and certainly should be, held to a higher standard. The licensing requirements, drug and alcohol testing, oversight by Federal Motor Carrier Safety Administration and law enforcement agencies all place an added burden on commercial drivers as opposed to what the motoring public has. Yet, statistics invariably point to approximately 70 percent of accidents involving large trucks and cars being caused by ….. cars.

Each day I get a summary from FMCSA that details all fatal (or significant) crashes involving commercial motor vehicles. Many times the investigation report indicates that a “four wheeler” lost control, crossed the center line or blew through a stoplight and was subsequently struck by the commercial vehicle. No doubt much of this may be attributed to weather conditions. I saw a report a few weeks ago that there had been over 900 fatal accidents this year caused by snow or ice on the roadways. I live in Minnesota and know about snow and ice! It does make you question if a deeper investigation would ultimately show someone had been texting, reading emails or dialing a number when they “lost control in icy conditions”.

Personally, I’m very conservative and don’t like the “nanny state” approach to government regulations. I understand that seat belts absolutely save lives and the first thing I (and my passengers) do is buckle in. I don’t like it being mandatory though – it’s my responsibility and my safety at risk. Does anyone understand optional helmet use for motorcyclists under this concept? But, as the old adage goes – My right to swing my fist through the air ends at the tip of YOUR nose. Distracted driving doesn’t limit the risk to the person staring at a screen while steering a vehicle. Every time a driver decides to take their eyes off the road and read or compose a text message, it places your life and the lives of your loved ones in danger needlessly.

This should be a bipartisan issue. I encourage everyone to address this with their legislators.

Laundry List of FMCSA 'Proposed' Rules

2011-02-02T08:09:00.000-08:00

Since late December 2010, a slew of Proposed Rules have been published that will potentially affect our industry. You are urged to comment on these proposals:

Notice of Proposed Rule - Released by FMCSA on 01-31-11:
Electronic On-Board Recorders and Hours of Service Supporting Documents
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require certain motor carriers operating commercial motor vehicles (CMVs) in interstate commerce to use electronic on-board recorders (EOBRs) to document their drivers’ hours of service (HOS). Under this proposal, all motor carriers currently required to maintain Records of Duty Status (RODS) for HOS record keeping would be required to use EOBRs to systematically and effectively monitor their drivers’ compliance with HOS requirements.

Additionally, this proposal sets forth the supporting documents that all motor carriers currently required to use RODS would still be required to obtain and keep, as required by section 113(a) of the Hazardous Materials Transportation Authorization Act (HMTAA). It explains, however, that although motor carriers subject to the proposed EOBR requirements would still need to retain some supporting documents, they would be
relieved of the requirements to retain supporting documents to verify driving time. FMCSA also proposes to require all motor carriers-- both RODS and time card users-- to systematically monitor their drivers’ compliance with HOS requirements. Motor carriers would be given 3 years after the effective date of the final rule to comply with these requirements.

Last year, the U.S. Court of Appeals for DC ordered FMCSA to issue a notice of proposed rule making (NPRM) on HOS supporting documents by the end of the year. In December, the court gave the agency another month - until January 31 - to comply. The court order stemmed from a lawsuit that ATA filed just over a year ago to compel FMCSA to move forward with a regulation as mandated by Congress in the mid-1990s. By the time ATA filed its lawsuit, FMCSA had already announced that it was planning to link new regulations on supporting documents to an expansion of the EOBR mandate. FMCSA says the supporting documents of this new proposal fulfills the court's order. In addition, FMCSA issued a final rule in April 2010 requiring carriers that have a history of serious log violations to install EOBRs. That rule takes effect in June 2012. Carriers that violate this EOBR requirement would face civil penalties of up to $11,000 for each offense. Noncompliance would also negatively impact a carrier's safety fitness rating and DOT operating authority.

The comment period begins once the proposed rule is published in the Federal Register. The proposal can be accessed here.

Highway-Rail Grade Crossing; Safe Clearance
Publication Date 01/28/11
Comment By Date 03/29/2011

SUMMARY: FMCSA and PHMSA propose to amend the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs), respectively, to prohibit a motor vehicle driver from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping.

Click here to read the proposal and instructions for filing comments.

Hours of Service
Publication Date: 12/29/10
Comment By Date: 02/28/11
SUMMARY: To promote safety and to protect driver health, FMCSA proposes to revise the regulations for hours of service for drivers of property- carrying commercial motor vehicles (CMVs). To achieve these goals, the proposed rule would provide flexibility for drivers to take breaks when needed and would reduce safety and health risks associated with long hours. The proposed rule would make seven changes from current requirements. First, the proposed rule would limit drivers to either 10 or 11 hours of driving time following a period of at least 10 consecutive hours off duty; on the basis of all relevant considerations, FMCSA currently favors a 10-hour limit, but its ultimate decision will include a careful consideration of comments and any additional data received. Second, it would limit the standard ``driving window'' to 14 hours, while allowing that number to be extended to 16 hours twice a week. Third, actual duty time within the driving window would be limited to 13 hours. Fourth, drivers would be permitted to drive only if 7 hours or less have passed since their last off-duty or sleeper-berth period of at least 30 minutes. Fifth, the 34- hour restart would be retained, subject to certain limits: The restart would have to include two periods between midnight and 6 a.m. and could be started no sooner than 168 hours (7 days) after the beginning of the previously designated restart. Sixth, the definition of ``on duty'' would be revised to allow some time spent in or on the CMV to be logged as off duty. Seventh, the oilfield operations exception would be revised to clarify the language on waiting time and to state that waiting time would not be included in the calculation of the driving window.

Click here to read the proposal and for comment instructions.

Restricting the use of Cellular Phones
Publication Date: 12/21/2010
Comment By Date: 02/22/2011

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. The Agency proposes new driver disqualification sanctions for interstate drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, interstate motor carriers would be prohibited from requiring or allowing drivers of CMVs to engage in the use of a hand-held mobile telephone while operating in interstate commerce. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.

Click here to access the proposal and instructions for filing comments

Midwest Compliance Inc. is your 'One Stop Shop' for all your compliance needs.

Pipeline and Hazardous Materials Safety Administration Special Permits and Approvals Update

2011-01-02T13:43:00.000-08:00

Special Permits and Approvals Online

NEW On-Line Special Permit & Approval Application Process - provides faster processing/turnaround time, 24/7 access, immediate confirmation and tracking #, ability to attach supporting docs, and ease of submitting multiple applications!

Attention: We have been alerted of a potential phishing web site not associated with PHMSA collecting data for Fireworks (EX) Number Applications. It is highly advised that you do not submit application data on any other web site not sanctioned by PHMSA.

The Pipeline and Hazardous Materials Safety Administration has the primary responsibility for the issuance of DOT Special Permits and Approvals to the Hazardous Materials Regulations (HMR). A Special Permit or Approval is a document which authorizes a person to perform a function that is not currently authorized under the authority of the HMR. Also, in many instances, the Regulations require approvals and/or registrations prior to transportation in commerce. Further information regarding the functions of the office and the similarities and differences between special permits and approvals are set forth below.

If you have any questions regarding the information contained below contact the Office of Hazardous Materials Special Permits and Approvals either by telephone 202-366-4535 or by email form.

CSA - say what?

2010-12-16T13:06:00.000-08:00

By now you already realize that CSA, (formerly CSA 2010) is online for the general public. Be sure to take a look at the 'public' site to see the information your customers, competitors, insurance agents, and brokers will see. We've spent time (way too much time) checking it out. You will need to be patient due to the high volume of on-lookers, which has created extremely slow site access.

It might be of interest to you, (or maybe not), that the acronym CSA no longer stands for Comprehensive Safety Analysis. You will now see, once you finally gain access to the site, the new title is; 'Compliance, Safety, Accountability.' You will also see that the term 'Deficient' no longer applies to any of your BASIC's, instead you will see 'Alert.' This term is the Feds attempt to soften the interpretation the public gleans from the site; and hopefully you won't have a broker or shipper denying you the load because you are 'deficient.' We'll see, no one really knows what the non-carrier public will read into the word 'alert.'

As of today, full state implementation of CSA may not happen before year end...we'll keep you posted as soon as we hear more.

Regardless of the terminology, it is of vital importance as a carrier to be mindful of your scores and to 'clean-up' any problem areas that the site 'alerts' you to. If you need help understanding how to do this, remember; "ONE CALL, we'll take care of you..."

FMCSA to Publish New Regs before Year End

2010-12-07T06:35:00.000-08:00

The long awaited revisions to the hours-of-service rule and the EOBR requirements may be published by December 31, according to FMCSA Administrator Anne Ferro, as she addressed a freight transportation group in D.C. on December 1st.

According to Ferro, the HOS revisions were expected to be published this past October but remain under review by the White House Office of Management and Budget.
“We all know that rule is at OMB,” she said, “and that rule will be published as soon as OMB is finished with its review. We’re hoping, certainly by the end of this year, that’s our goal.”

Ferro said she couldn’t discuss what was in the rule, joking that the words “hours of service [are] about as much as I can say.”

In addition to the hours rule, Ferro said the agency would have its expanded electronic onboard recorder proposal “on the street at the end of this year.”

That rule, she said, “takes us beyond what we have today, which is a remedial EOBR rule that applies a requirement for EOBRs to carriers who have a higher violation rate in their hours-of-service noncompliance and driver-log noncompliance.”

FMCSA sent its EOBR proposal to OMB on Nov. 29. The new proposal “is combined with a supporting-documents rule because the two go hand in hand in terms of what technology does and what kind of record keeping is required,” she said.

The supporting-documents rule outlines the paperwork that truckers are required to retain to back up driver logs.

Ferro added that while finishing work on the combined EOBR-supporting documents rule by the end of the year “was already our goal,” a lawsuit brought by American Trucking Associations to force publication of a supporting documents rule “underscored the importance of our goal.”

A third rule Ferro said she expects to be published in the next four weeks is the second in a series of distracted-driving regulations.

“We put in place, in less than a year, a rule that bans texting by commercial vehicle operators that took effect Oct. 27,” she said, “and we do have a proposed rule at OMB that would restrict the use of cell phones by commercial vehicle operators.”

Update on CSA Program Nationwide Launch Date

2010-12-02T09:28:00.000-08:00

On November 30, 2010 the Federal Motor Carrier Safety Administration announced yet another delay in the roll-out of the Compliance Safety Accountability, (CSA 2010) program. The following brief statement appeared on their website:

"The Compliance Safety Accountability (CSA) program’s national rollout will occur no earlier than December 12, 2010, despite reports to the contrary. We appreciate the continued support as the Federal Motor Carrier Safety Administration (FMCSA) moves forward towards implementing this important new safety enforcement and compliance program."

This statement implies that there may be further delays. Initially the rollout was scheduled for July 2010, then delayed until November, now December 12th. Last week three industry trade groups filed a motion asking the District of Columbia Court of Appeals to block the rollout until the FMCSA completes a rulemaking on the new program.

Trucking Groups Plan Suit to Stop CSA Data Release | Transport Topics Online | Trucking, Freight Transportation and Logistics News

2010-11-29T07:37:00.000-08:00

Trucking Groups Plan Suit to Stop CSA Data Release | Transport Topics Online | Trucking, Freight Transportation and Logistics News

Week in Review

2010-11-09T08:06:00.000-08:00

News From Commercial Vehicle Safety Alliance

The inaugural International Conference on Commercial Driver Health and Wellness
is taking place this week in Baltimore. According to the Centers for Disease
Control, the average life expectancy for a commercial truck driver is 61 years
-- 16 years less than the national average. Fifty percent of truck drivers are
overweight or obese compared to only 33 percent of the general adult
population. Fifty-four percent smoke cigarettes and only 8 percent exercise.
Among the general adult population, only 21 percent smoke, and 49 percent
exercise regularly. Speaking at the conference opening, Administrator Ferro
said, “We can’t sustain figures like that and expect individuals to be healthy
contributors to their workplace and their families, and from my perspective,
safe on the roadways.”

State Patrol Resumes Fatigue Enforcement
Courtesy Minnesota Trucking Association

The Minnesota State Patrol has confirmed that it has re-instituted roadside
enforcement of fatigue among truck drivers. Such enforcement was temporarily
suspended since September 2 while the State Patrol Commercial Motor Vehicle
Section revised its policies and retrained all of its officers.

"All of our officers have undergone some increased training including
constitutional rights, how to detect impairment at roadside, how to properly
document that impairment," said Major Kent O'Grady. "We've got increased
supervision in the program. Before somebody is placed out-of- service for
illness or fatigue by a Minnesota State Patrol employee, that decision needs to
be run past an on-duty supervisor."

In a related matter, the court has not yet ruled in the federal lawsuit
brought against the State Patrol by the Owner-Operator Independent Drivers
Association. A ruling is expected shortly.

FMCSA Orders Colorado Fleet to Install EOBRs

Courtesy Transport Topics

The Federal Motor Carrier Safety Administration has ordered a Colorado carrier
to install electronic on-board recorders on its fleet by March, after deeming
the trucking company in violation of federal hours of service rules.

FMCSA ordered JBS Carriers Inc., Greeley, Colo., to install the devices after
the agency’s western service center found the company “in serious violation of
federal HOS rules and commercial driver’s license requirements,” FMCSA said in
a statement.

The order was believed to be the first of its kind. If JBS fails to comply, it
is subject to $81,780 in fines. Earlier this year, FMCSA finalized an EOBR rule
that requires fleets with violations to install the devices. Since then, five
large fleets backed a bill that would require EOBRs.

Ban on Texting Effective October 27 2010

2010-10-28T11:50:00.000-07:00

The Final Rule prohibiting texting while operating a commercial motor vehicle went into effect yesterday, October 27, 2010.

You can read about the prohibition against texting in 49 CFR Part 392 in the new Subpart H; the final rule also amends parts 390 and 391. Part 392 clearly states that “drivers shall not participate in texting while driving and motor carriers must not allow or require their drivers to text while driving."

To shed light on the ban, the following definitions were added to 49 CFR 390.5:
1) Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text.

2) Texting means manually entering alphanumeric text or reading text from an electronic device. This action includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or electronic text entry for present or future communication.

Texting does not include:
a. Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;
b. Inputting, selecting or reading information on a global positioning system or navigation system; or
c. Using a device capable of performing multiple functions (e.g. fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in part 392.

Fair warning about rigid penalties:
Texting while driving carries a 10-point severity weight rating and counts against both the carrier and the driver, under Comprehensive Safety Analysis (CSA 2010). Drivers who violate the texting rule face fines of up to $2,750 and carriers may be fined up to $11,000. Texting behind the wheel is also a disqualifying offense for CDL drivers (see Table 2 part 383.51); “A driver who is convicted of violating the texting ban twice in a three-year period is disqualified for 60 days. Three or more violations in a three-year period, and the driver is disqualified for 120 days.”

Please tell your drivers about the new rules! This is also a good time to review your driver safety policy to be sure that it is aligned with the texting ban – if you need help, give us a call!

Tell Your Drivers Ban on Texting is Official

2010-10-15T13:38:00.000-07:00

In a final rule published in the Federal Register on September 27, 2010, the FMCSA prohibits texting by commercial motor vehicle drivers (of trucks and buses) while operating in interstate commerce; and imposes sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with this rule.

FMCSA prohibits motor carriers from requiring or allowing their drivers to text while driving. Additionally, many States have adopted a ban against texting for all drivers. The federal ban was also added to the list of disqualifying offenses for commercial driver licenses regulations, as "a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a commercial vehicle".

Midwest Compliance recommends you add the texting ban to your driver's Safety Policy. If you need help developing a safety policy, give us a call - 800-656-1396.

Give Your Drivers a Heads-up "Operation Safe Driver" coming October 17 - 23

2010-10-15T13:30:00.000-07:00

In an attempt to eliminate crash related deaths caused by unsafe and aggressive driving practices by both passenger and commercial vehicle drivers, each year in October, law enforcement across North America targets these drivers during CVSA's “Operation Safe Driver” campaign.

This campaign began in 2007 as a collaborative effort of the Commercial Vehicle Safety Alliance, the Federal Motor Carrier Safety Administration, and state, provincial, and local law enforcement personnel to combat the number of deaths resulting from crashes involving large trucks, buses, and passenger vehicles.

During Operation Safe Driver — held across the United States, Canada, and Mexico — CVSA aims to increase:
* Commercial vehicle and non-commercial vehicle traffic enforcement;
* Safety belt enforcement;
* Driver roadside inspections;
* Driver regulatory compliance;
* Implementation of commercial driver educational and awareness programs to
the motor carrier population; and
* Awareness to the motoring public about safe operations around commercial
motor vehicles.
To learn more visit Commercial Vehicle Safety Alliance

Scammers Seeking Financial Information From Carriers

2010-08-24T14:21:00.000-07:00

The Department of Transportation is notifying carriers that a fraudulent letter requesting financial information is making the rounds. Similar to the letter that surfaced in April ,2010 the letter is again signed by Julie P. Wenzel, Senior Procurement Officer. A second page titled Authorization to release financial information , request your bank’s name and your organization’s operating account number along with the name and signature of those individuals who can sign bank documents.
The Department of Transportation wants companies to know that no financial information is required in order to be eligible for procurement.
The letter making the rounds states:
Dear Sirs,
Our records show that you are currently registered as a prospective contractor for procurement issued by the U.S. Department of Transportation. However after reviewing your record we have noticed that you have not submitted your financial release form.
Your financial institution’s privacy policy may not allow it to release your financial information even to government institutions without your consent; therefore we must have such form on file before we can move on with any procurement decisions.
In September 2010, the procurement plan for the fourth quarter of 2010 will be finalized. To be eligible for procurement with the U.S. Department of Transportation, you must submit the abovementioned form to us by fax at 202-652-4310.
Please make sure your fax is preceded by a cover letter so we can correctly identify your company.
Sincerely yours,
Julie P. Wenzel
Senior Procurement Officer
The Department of Transportation is asking that if your organization receives a similar letter to the one above that you NOT send any information to the fax number provided and contact the Department of Transportation Office of the Inspector General Hotline at 1-800-424-9071. You can also go to the DOT website for more information about fraudulent letters at http://www.dot.gov/ost/m60/fraudulent_letters.htm

Don’t throw away your records!

2010-08-24T13:09:00.001-07:00

According to 49CFR §382.601, as an employer you have an obligation to make known to prospective drivers meeting the requirements of commercial driver’s license of part 383, that you have a policy on the misuse of alcohol and use of controlled substances.

You must retain for 2 years, the signed Acknowledgment Page of the Drug and Alcohol Policy, proving that you showed them your policy, for all person’s that you pre-employment drug tested, and did not hire.

If you are enrolled in our Level II services, rest assured that we are already meeting the retention requirements for the drivers that you hired.

Minnesota CDL Skills Test to Change September 1, 2010

2010-08-24T11:44:00.000-07:00

New Pre-trip Inspection and Basic Skills Requirements Improve Safety
ST. PAUL — DEPARTMENT OF PUBLIC SAFETY

The process of obtaining a Minnesota commercial driver’s license (CDL) will change on Sept. 1, 2010 when the state adopts federally-proposed road-testing procedures that call for a full, walk-around pre-trip inspection and the addition of offset backing to the basic control skills section of the test.

Deb Carlson, exam program manager for the Department of Public Safety Driver and Vehicle Services Division, says the changes will result in more thorough examination of drivers’ knowledge and skills. “A higher quality driver” she says, “ultimately will create safer roads for everyone.”

The pre-trip inspection is the process whereby a driver determines that a vehicle is safe to operate. Under new requirements, the driver will perform an all-inclusive, walk-around vehicle inspection.

In the Basic Control section of the CDL road test, new regulations require a demonstration of “offset backing” skills in which the driver must back the vehicle, either to the right or left, into an adjacent lane.

Addition of the walk-around inspection and the backing requirement will lengthen the road test procedure by at least 30 minutes.

For more information about CDL road-test changes, visit a driver exam station or consult the Minnesota Commercial Driver’s Manual online at www.dps.state.mn.us; click “Driver and Vehicle Services” and select “Manuals” from the left menu. Find the commercial vehicle pre-trip inspection checklist on page 9 of Section 10. An offset backing diagram is located on page 3 of Section 11.

CSA BASIC Thresholds Changed July 2010

2010-08-16T13:59:00.000-07:00

The thresholds for the Behavioral Analysis and Safety Improvement Categories, "BASICS" have changed. Of the seven BASICS, three of the thresholds have been lowered; Unsafe Driving, Fatigued Driving (Hours of Service), and Crash Indicator. Four have been raised; Driver Fitness, Controlled Substances and Alcohol, Vehicle Maintenance and Cargo Related.

The change is due in part to adding Vehicle Miles Traveled "VMT" to the scoring methodology.

The thresholds for Unsafe Driving, Fatigued Driving, and Crash Indicators were lowered to: General carriers 65%; HazMat carriers 60%; and Passenger carriers 50%.

The remaining thresholds were raised as follows: General carriers 80%, HazMat carriers 75%, and Passenger carriers 65%.

Midwest Compliance Inc offers web training on CSA, give us a call 800-656-1396.

FMCSA Administrator Anne Ferro Address MTA Annual Conference Attendees

2010-08-09T12:40:00.000-07:00

The Minnesota Trucking Association (MTA) annual conference, held August 3 - 5, 2010, was packed full of important information. Administrator Anne Ferro provided the following information, which applies to both interstate and intrastate carriers; for-hire and private carriers, and carriers of both property and passengers:

The U. S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is pleased to announce the next step in the phased roll-out of Comprehensive Safety Analysis 2010 (CSA 2010).

Motor Carrier Data Preview:

In April 2010, FMCSA launched the CSA 2010 Data Preview Website which allowed commercial motor vehicle carriers to view an inventory of their safety performance data by the new Safety Measurement System’s (SMS) Behavior Analysis and Safety Improvement Categories (BASICs).

On August 16, 2010, FMCSA will update the Data Preview Website by providing carriers with an assessment of where they stand in each BASIC based on roadside data and investigation findings. The SMS’s seven BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. The BASICs will replace SafeStat’s Safety Evaluation Areas (SEAs) in December 2010, and this early look gives motor carriers an opportunity to understand and address their safety compliance issues right away.

Recent Updates to SMS:

The Data Preview assessments will be based on an improved SMS methodology. As a result of input from enforcement personnel, industry representatives, and safety experts, as well as findings from an extensive, 30-month field test, FMCSA is implementing several updates to the SMS that will make it more effective in identifying high risk and other carriers with safety compliance problems. Specifically:

The measure of exposure will be changed from Power Units (PUs) only to a combination of PUs and Vehicle Miles Travelled (VMT) in the Unsafe Driving BASIC and Crash Indicator. In addition, these two BASICs will change from using PUs as a safety event grouping (formerly referred to as peer grouping) to using the number of crashes for the Crash Indicator and the number of inspections with a violation for the Unsafe Driving BASIC.

The measure of exposure will change from PUs to the number of relevant inspections in the Controlled Substances/Alcohol BASIC;

Severity weights for some roadside inspection violations will be updated; and The Agency will employ a more strategic approach to addressing motor carriers with a history of size and weight violations rather than counting these violations in the Cargo-Related BASIC; the new approach will include alerts to roadside inspectors when carriers have a history of size and weight violations.

These enhancements will allow the Agency to more effectively identify motor carriers with safety performance and compliance problems thereby raising the bar for safety on the Nation’s roads. For additional details about the Data Preview and the improvements to the SMS, visit:

http://csa2010.fmcsa.dot.gov/Documents/SMSImprovementsFAQs.pdf

To learn more about CSA 2010, and to stay updated during the coming months, subscribe to the CSA 2010 RSS feed or email list at http://csa2010.fmcsa.dot.gov.

Thank You,
CSA 2010 Web Team
USDOT/Federal Motor Carrier Safety Administration

Minnesota Trucking Related Fatalities: Lowest in 10 Years

2010-07-29T10:32:00.000-07:00

Courtesy MTA

Continuing a downward trend, cars and trucks collided less often in Minnesota during the past year than any year in the last decade.

According to statistics reported in the latest edition of Minnesota Motor Vehicle Crash Facts, published by the Minnesota Department of Public Safety, the number of truck-related fatalities has trended downward from 94 in 1999 to 58 in 2009 showing a 38.2% decrease. This is the lowest number in 10 years.

The safety report for the last year shows the trend continues with a 26.5% decrease of fatal crashes from 2008 to 2009.

"Preventing crashes is the number one priority of every professional truck driver," said John Hausladen, president of the Minnesota Trucking Association. "This data is welcome news and a real encouragement to our on-going safety efforts. Most people don't realize that the safest drivers on the road are truck drivers."

The Minnesota Trucking Association (MTA) has advanced a number of safety initiatives in recent years, including the recent "Keep Both Hands on the Wheel" safety campaign encouraging drivers to put down the cell phones and focus on driving. The MTA has been a key partner in the state's Towards Zero Deaths initiative and actively lobbied to pass the state's primary seatbelt law in 2009. In the past, the organization has also called for a national maximum 65 mile per hour speed limit for all vehicles.

15 Tips to Reduce Distracted Driving Injuries

2010-07-29T10:28:00.000-07:00

Georgia became the 26th state to ban texting while driving On July 1, 2010.
Various other states are considering similar laws). Safe driving laws – like NO texting while driving – are designed to protect the public, but an important side effect of safe driving laws is a reduction in the number of workers'
compensation injuries, deaths and claims. Automobile and truck accidents are the leading cause of workplace deaths, with 1,300 work-related traffic fatalities each year. So, while this may sound like common sense, it bears repeating….

There are strong reasons states ban texting while driving. According to a study by the Virginia Tech Transportation Institute, a truck driver texting while driving is 23.2 times more likely to be involved in a traffic accident than a truck driver who is not distracted and paying full attention to driving. In fact, texting while driving is 6 times more likely to result in a traffic accident than driving while intoxicated. Other facts from their study include:

1. A truck driver dialing a cell phone is 5.9 times more likely to crash
than a non-distracted driver.
2. A car driver dialing a cell phone is 2.8 times more likely to crash
than a non-distracted driver.
3. A truck driver reaching for a cell phone is 6.7 times more likely to
crash than a non-distracted driver.
4. A car driver reaching for a cell phone is 1.4 times more likely to
crash than a non-distracted driver.
5. A car driver talking on a cell phone is 1.3 times more likely to crash
than a non-distracted driver.
6. For every 6 seconds a driver spends texting, 4.6 of those seconds
are with their eyes off the road, which makes texting the most dangerous cell phone activity.

Employers who haven't already instituted a “no texting or cell phone use while driving” policy should do so. Not only is your company more exposed to workers compensation claims from your distracted drivers, your company is also more exposed to liability claims and lawsuits arising out of the traffic accidents.

Texting and talking on a cell phone are not the only ways employees end up in work-related traffic accidents. If your company does not already have a safe driving program, it should institute one to address the various causes of accidents. The program does not have to be complex. It should use common sense and easy to understand principles of safety. For instance, you could include in your safe driving program rules such as:

1. Always wear a seatbelt and shoulder harness.
2. Never drive under the influence of medications, alcohol or illicit drugs.
3. Always obey all speed limits.
4. Always pay attention and be alert.
5. Slow down in bad weather – fog, rain & snow.
6. Leave early with plenty of time to make your destination on time.
7. Remain calm, chill out and avoid any type of road confrontation.
8. Select the safest route.
9. Never drive while tired or sleepy.
10. Keep a safe distance from vehicles in front of you and behind you.
11. Drive defensively at all times.

Many vehicle safety programs can be found on the internet, both for sale and for free. If you do not already have a safe driving policy as part of your safety program, it is strongly recommend you create one. Every delivery truck driver, every traveling salesman, any employee with a company car or any employee operating a personal car on company business should be included in your safe driver program.

From a liability standpoint, your safe driving programs should include:

1. A traffic violations record check on every person operating a vehicle
on company business.
2. A policy of not allowing anyone with a DUI conviction to operate a
company vehicle or a privately owned vehicle on company business.
3. A policy of not allowing anyone with a set number of points (your
company decides how many) to operate a company vehicle or a privately owned vehicle on company business.
4. Road testing the driver's ability if the primary job function is
operating a vehicle.

Drivers are not the only ones who can be involved in traffic accidents. Road construction and road maintenance workers are exposed to injuries from traffic. Police, emergency responders and tow truck drivers can also be injured due to traffic. If you have any employees in these categories they definitely need to be included in your safety program.

Often a company's safety program is designed to mitigate and minimize on premise accidents. However, failure to consider driver safety can result in an increase in your workers compensation exposure. A good safe driving program is an important part of a complete safety program.

Author Rebecca Shafer, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
This message was sent by: Truck Writers, Inc., 8970 West 35W Service Drive NE Suite200, Minneapolis, MN 55449-6744

FMCSA Proposed to Extend HOS Waiver for Anhydrous Ammonia

2010-07-29T08:45:00.000-07:00

Courtesy MTA

The Federal Motor Carrier Safety Administration has announced that it is proposing a two-year, limited exemption from the federal hours-of-service (HOS) regulations for the transportation of anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air-mile radius of the retail or wholesale distribution point. This move would extend the 90 day waiver, which was announced on March 22, for motor carriers engaged in the distribution of anhydrous ammonia during the 2010 spring planting season. This proposal is open for a 30-day comment period before it can be finalized.

This proposed two-year period is a significant development and the agency used very positive language in the announcement, stating that it believes the proposed exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption, based on the terms and conditions imposed.

Update on Cell Phone Usage Bans

2010-07-21T09:50:00.000-07:00

Source: Minnesota Trucking Association July 20, 2010

Eight states, eight of the ten Canadian provinces, and the District of Columbia now have laws that prohibit making calls on a cell-phone while driving, unless the phone is in a hands-free mode. The laws of Connecticut, New York, New Jersey, D.C., California, Oregon, and Washington State are in effect; the one in Maryland is effective in October, and Delaware's in January 2011. In Canada, all the provinces but Alberta in the west and New Brunswick in the east have such prohibitions, and these last two provinces are said to be considering one too. In Washington State, using a cell-phone became a primary offense last month. The state police there say it's their impression that compliance is somewhat better because of it, although they still issued some 670 tickets during the first three weeks after the change.

COMMERCIAL VEHICLES, DRIVERS MAINTAINING CLOSE TO RECORD LOW OUT-OF-SERVICE RATES

2010-07-13T12:04:00.000-07:00

Roadcheck Message Resonates That Maintaining Safe Vehicles and Drivers Is Worth the Effort

WASHINGTON, DC (JULY 13, 2010) –Results from the Commercial Vehicle Safety Alliance’s (CVSA) Roadcheck 2010 reveal that the commercial motor vehicle (CMV) industry is hovering close to the record low out-of-service (OOS) rates set during 2009. Additionally, while overall inspection totals are down from the previous year’s records, more inspectors participated at more locations in this year’s event. This seems to indicate during 2010 that there was a shift to an increasing focus on mobile roadside inspections. In 2010 roadside inspectors focused on the North American Standard (NAS) Level I inspection, safety belt enforcement, and motorcoach inspections. More than 9,856 CVSA -certified inspectors at 2,482 locations across North America performed 65,327 truck and bus inspections. Of that total, there were 48,970 NAS Level I inspections, the most comprehensive roadside inspection. The total inspection output is a 10.2 percent decrease over the previous record total, and the NAS Level I output is a 14.1 percent decrease over the previous record, both of which occurred in 2009.

“The number of CMV inspections is an indicator that, even in these continued tough economic times, state, provincial, local and federal agencies are committed to enforcing truck and bus safety standards,” said CVSA’s Interim Executive Director Stephen A. Keppler. “Roadside enforcement remains committed to this critically important role in saving lives on North America’s highways and helping to provide all travelers a safe and secure place to travel.”

This year during Roadcheck approximately 15 trucks or buses were inspected, on average, every minute. During the 72-hour inspection blitz, which took place from Canada to Mexico from June 8-10, 2010, drivers were pulled over, asked to show their commercial driver’s license, medical examiner’s certificate, and record of duty status. Brakes, tires, lights, and every major component of the truck or bus were also examined during Roadcheck. While Roadcheck has taken place every year since 1988, it is important to note that roadside inspections occur every day across North America, to the tune of more than 3.8 million in 2009. CVSA sponsors Roadcheck each year with the Federal Motor Carrier Safety Administration (FMCSA), Canadian Council of Motor Transport Administrators (CCMTA), Transport Canada, and the Secretariat of Communications and Transportation (Mexico).

“Roadcheck has once again successfully reinforced the critical importance of safety, compliance, and crash prevention – lives depend on both safe and well maintained trucks and safe and well trained drivers,” said FMCSA Administrator Anne S. Ferro.

Data from 2010 show the overall vehicle compliance rate at 80.0 percent (80.4 percent in 2009), with an overall driver compliance rate of 95.6 percent (unchanged from last year). For NAS Level I inspections, the compliance rates were 76.7 percent for vehicles (77.8 percent in 2009) and 96.3 percent for drivers (96.1 percent in 2009). In addition, there were 189 more safety belt violations in 2010 than there were last year (1,159 vs. 970), a 19.5 percent increase. Inspections of passenger-carrying vehicles resulted in an increased vehicle compliance rate (91.0 percent in 2010 vs. 88.5 percent in 2009) and a driver compliance rate in 2010 that was unchanged from last year (96.4 percent). Hazardous materials inspections resulted in a vehicle compliance rate of 83.7 percent (83.0 percent in 2009) and driver compliance rate of 97.5 percent (97.0 percent). There were 26,605 CVSA decals issued to vehicles that passed the inspection, which was down from the number issued in 2009 (29,972).

“Brake-related defects continue to account for half of all out-of-service violations,” said CVSA Region V (Canada) President Steve Callahan. “As such, we strongly encourage governments, industry associations, owner-operators, motor carriers and drivers alike to take an active part in the upcoming 2010 Brake Safety Week, September 12-18. We need all industry players to continue working together to achieve a further sustained drop in the OOS rate in the years ahead.”

“Every time an inspector checks the brakes, tires, tiedowns, a driver or other items while conducting an inspection, what’s in the back of their minds is this — what I’m doing will save a life. The people who we read about in the news are “our” family members and we are here to protect them,” said CVSA’s President Buzzy France. “There is no one person, agency or organization that feels we can achieve zero fatalities alone. We need partners to solve this complex problem. All of us have an important role to play.”

CVSA is an international not-for-profit organization comprised of local, state, provincial, territorial, and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Our mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers. The Alliance actively monitors, evaluates, and identifies solutions to potentially unsafe transportation processes and procedures related to driver and vehicle safety requirements most often associated with commercial motor vehicle crashes. In addition, CVSA has several hundred associate members who are committed to helping the Alliance achieve its goals; uniformity, compatibility and reciprocity of commercial vehicle inspections, and enforcement activities throughout North America by individuals dedicated to highway safety and security. For more on CVSA, visit www.cvsa.org.

CVSA ENCOURAGES UCR ENFORCEMENT BEGINNING JULY 15

2010-07-09T06:56:00.000-07:00

Revenue Generated from UCR Ensures Commercial Vehicle Safety, Enforcement

WASHINGTON, DC (JULY 1, 2010) – The Commercial Vehicle Safety Alliance (CVSA) is encouraging all jurisdictions throughout North America to begin enforcement of the Unified Carrier Registration (UCR) for the 2010 registration year to begin effective July 15, 2010. All motor carriers (for-hire, private and exempt) – as well as brokers, freight forwarders, and leasing companies operating in interstate or international commerce are subject to the UCR. Entities based in Canada and Mexico that are involved in interstate or international commerce in the United States also are subject to UCR. Forty-one states are participating in UCR for the 2010 calendar/registration year and will serve as UCR base states.

“Revenue generated from UCR helps fund safety and enforcement programs which in turn goes a long way to ensuring safer roads and saving lives,” said Stephen A. Keppler, CVSA’s interim executive director.

For more information on the states participating, or questions about the program, please visit the Unified Carrier Registration Center’s web site at www.ucr.in.gov.

CVSA is an international not-for-profit organization comprised of local, state, provincial, territorial, and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Our mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers. The Alliance actively monitors, evaluates, and identifies solutions to potentially unsafe transportation processes and procedures related to driver and vehicle safety requirements most often associated with commercial motor vehicle crashes. In addition, CVSA has several hundred associate members who are committed to helping the Alliance achieve its goals; uniformity, compatibility and reciprocity of commercial vehicle inspections, and enforcement activities throughout North America by individuals dedicated to highway safety and security. For more on CVSA, visit www.cvsa.org.

For more information contact:
Laura Zabriskie, Director, Communications & Marketing
lauraz@cvsa.org
301-830-6152

Roadability Mandates Starting Out on Rough Road

2010-07-07T08:22:00.000-07:00

From the AZ Trucking Association’s Industry Insider on 7-6-2010…

If you handle intermodal containers, you probably already know that implementing the roadability mandates on June 30 is not going nearly as smoothly as hoped.

According to Intermodal Carriers Conference Executive Director Curtis Whalen, many Driver Vehicle Inspection Reports (DVIRs) are not going through or being accepted in the filing systems set up for this purpose. The problem is complicated by the fact that terminal/gate operators are not universally informed on the processes that are being set up to receive DVIRs and remove defective chassis for repair, etc. It is important to note that the motor carrier/driver obligation under Roadability is to report (as directed by the Intermodal Equipment Provider or its terminal operator/agent) on the condition of the equipment being returned/terminated. If the IEP has not met the law’s requirement to fully deploy a working documentation system to receive the required DVIR, the IEP is in violation of the regulations, not the driver/motor carrier.

Mr. Whalen recommends that carriers take several steps to protect their rights under the regulations:

1) Register with at least one of the major IEP documentation systems - OCEMA (http://www.chassis.com)or IANA (https://dvir.intermodal.org/dvir/).

2) Advise your drivers to (attempt to) file the required DVIR under the processes/procedures made available under the IEP’s electronic system that you have chosen to use.

3) Advise drivers to continue to note on the driver’s end-of-day report the condition of the equipment and the fact that they tried to file a DVIR. The Intermodal Conference continues to work with FMCSA and the intermodal associations to resolve the reporting issues. For more, contact Curtis at cwhalen@trucking.org or 703.838.1867.

Pipeline Safety: Updating Facility Response Plans in Light of the Deepwater Horizon Oil Spill

2010-06-25T11:05:00.000-07:00

Jun 23, 2010

PHMSA-2010-0175

Summary: PHMSA is issuing an Advisory Bulletin to operators of hazardous liquid pipeline facilities required to prepare and submit an oil spill response plan under 49 CFR part 194. In light of the Deepwater Horizon oil spill in the Gulf of Mexico, which has resulted in the relocation of oil spill response resources to address the oil spill, PHMSA is reminding operators of their responsibilities to review and update their oil spill response plans and to comply with other emergency response requirements to ensure the necessary response to a worst case discharge from their pipeline facility.

FOR FURTHER INFORMATION CONTACT: John Hess, Director for Emergency Support and Security, (202) 366-4595 or by e-mail at PHMSA.OPA90@dot.gov.

MTA Chair Keith Klein Testifies Before Congress on CSA 2010

2010-06-24T07:51:00.000-07:00

Minnesota Trucking Association Chairman Keith Klein testified today before the United States House of Representatives Subcommittee on Highways and Transit CSA 2010. In his remarks, he provided a real-life perspective regarding what is and is not working with this new enforcement program.

He stressed the need to address several items, including warnings carrying the same weight as citations, using power units instead of mileage as the measure of exposure, and using all crashes in the database instead of those where carrier was at fault or accountable. During questioning, he also emphasized the need to add positive points to the system to recognize carrier actions, such as terminating poor performing drivers.

Keith wore multiple hats at the hearing, also serving as the official ATA representative and the only motor carry on the panel. Today's hearing came about as a direct result of MTA lobbying regarding CSA 2010. During the past year, MTA leaders had met with Representatives Jim Oberstar and Tim Walz and shared results of the report prepared by the MTA CSA 2010 Task Force.

Minnesota Repeals Uniform State Hazardous Materials Transportation and Registration Program

2010-05-26T12:19:00.000-07:00

I spoke with Michael Richie, MN DOT HazMat guru last week and he indicated that Minnesota will drop its requirement that Minnesota based hazardous material carriers be registered with the State. If you are hauling HazMat, make certain you are registered with PHMSA! Read further to see what MTA has to say on this subject and determine whether or not you need to elect a new "base" state:

Minnesota has been a participating state in the Uniform State Hazardous Materials Transportation and Registration Program (HMP) since July 1, 1994. The program's purpose was to establish uniform forms and procedures for States that register persons who transport, cause to be transported, or ship hazardous materials by motor vehicle on the public highways in interstate or intrastate commerce. A carrier filing an application in Minnesota met the regulations in Minnesota, as well as meeting the requirements for other states participating in the HMP. Minnesota collected fees for Minnesota, plus fees for other member HMP states in which the carrier operated. Minnesota issued one cab listing Minnesota and other member HMP states in which the carrier operated.

Effective August 1, 2010, the statutory authority for Minnesota to participate in this program has been repealed by the 2010 State Legislature.

Effective June 1, 2010, the Office of Freight and Commercial Vehicle Operations will no longer accept new or renewal applications, collect fees under this program, or issue credentials for the HMP.

Minnesota enforcement agencies as well as the state administrators in the remaining HMP states of Illinois, Michigan, Nevada, Ohio, Oklahoma and West Virginia have been notified of this change.

THIS MEANS if you are a carrier that met the requirements to file an application and pay fees to the State of Minnesota as your base state under the Hazardous Materials Program; and you transport, cause to be transported, or ship hazardous materials by motor vehicle on the public highways in interstate or intrastate commerce through any of the six states listed above, you must now choose the state in which you generate the greatest percent of fleet mileage as your NEW BASE STATE.

The Minnesota Portion of all Hazardous Material Program Credentials issued by the State of Minnesota Office of Freight and Commercial Vehicle Operations with an expiration date after July 31, 2010 will expire July 31, 2010 regardless of the date issued or the expiration date listed on the credential. Authority in any states listed on the credential (except Minnesota) will expire on the date shown on the credentials. If your HMP credentials have expired or expire between now and July 31, 2010, the Office of Freight and Commercial Vehicle Operations will not process a renewal or new application. You must make arrangements with your new base state and file immediately with them.

If your Minnesota-issued HMP credentials are expired or expire on or before June 1, 2010, you will need to identify your new base state, make application, calculate and pay fees to your new base state and receive new credentials before July 31, 2010 to operate legally in Illinois, Michigan, Nevada, Ohio, Oklahoma or West Virginia.

If you have questions, you may contact the Office of Freight and Commercial Vehicle Operations at (651) 215-6330.

Launch of Pre-employment Screening Program

2010-05-12T07:20:00.000-07:00

Below is text from an FMCSA Division Manager’s email about the Pre-Employment Screening Program (PSP).

Included are several links that will help you better understand this critically important new service that will become available to help you when selecting drivers.

Please use this information to help you be informed and better prepared for utilization of PSP.

"I am very pleased to announce the official launch of the Pre-employment Screening Program (PSP), which allows commercial motor carrier companies to electronically access driver inspection and crash records as a part of the hiring process. PSP is another way that we are raising the safety bar for the motor carrier industry and helps to make our roads safer for everyone.

The Pre-Employment Screening Program offers access to up to five years of driver crash data and three years of inspection data regardless of the state or jurisdiction. By using driver safety information during pre-employment screening, commercial carriers will be able to better assess the potential safety risks of prospective driver-employees. PSP also gives drivers additional opportunities to verify the data in their driving history and correct any discrepancies. A driver’s records will be protected in accordance with federal privacy laws.

If you have any questions or receive questions about PSP, there are many references that can assist:"

• Visit the PSP Web site

• View the PSP Frequently Asked Questions

• Contact the contractor’s customer service center by emailing
PSPenrollment@nicusa.com or toll free at 1-877-684-6832.

• Or contact FMCSA’s PSP operations manager, Arlene Thompson,
Arlene.thompson@dot.gov

UCR Fees to Nearly Double

2010-05-05T09:34:00.000-07:00

Source: Transport Topics

The Federal Motor Carrier Safety Administration released the 2010 fees for the Unified Carrier Registration program Monday, more than doubling the levy across the board but setting it slightly lower than the agency had proposed last year.

The fees, which are used by states to fund various commercial vehicle enforcement activities, will range from $76 for freight forwarders, brokers, leasing companies and fleets with less than two trucks all the way up to $73,346 for fleets with more than a 1,000 trucks.

The increase is the result of a change in the law that changes how FMCSA determines fleet size for purposes of collecting the fees.

Industry executives said the fees were too high, but law enforcement officers said the fees were not high enough to generate the roughly $113 million required under federal law.

Click here

Industry Recommends Changes to CSA 2010

2010-05-04T07:26:00.000-07:00

Click here to read MTA CSA 2010 Task Force comments to FMCSA

Click here to read ATA's comments on CSA 2010

Click here to read FMCSA Administrator, Anne Ferro's comments to ATA's recommendations

ROADCHECK 2010. June 8, 9, 10. BE PREPARED FOR SUCCESS!

2010-04-13T12:13:00.000-07:00

ROADCHECK is an annual safety enforcement that targets commercial vehicles.
Inspectors will focus upon commercial trucks and busses on June, 8, 9, and 10, 2010.
Are your drivers prepared? Is your equipment prepared? The probability of an inspection occurring during these days is greater than normal. Now is the time to begin preparing for success.
Your drivers need to ensure their hours of service logbooks are current, accurate, and that they have at least 7 days of records with them at the time of the inspection. Be sure to tell them, teach them, and have them prepared for a review of their logs.
Your equipment needs to be ready for a complete inspection and to pass with no failures. Now is a great time to be sure the drivers fully understand how to do a quality pre-trip and post-trip inspection. An extra effort to have a thorough review of the mechanical aspects of your equipment and tires may be a worthwhile investment.
This can also be a time of delay as your drivers and/or equipment is inspected. Ensure extra travel time is included by the dispatch and the drivers as they prepare for their routes and deliveries that week.
ROADCHECK has been applauded for helping to reduce crashes; thus preventing property damage, personal injuries, and fatalities. Be prepared to be a ‘good statistic’ in this year’s charts!

Compliments of:

www.gicauto.com

CSA 2010 or 2011?

2010-04-07T10:08:00.000-07:00

The Federal Motor Carrier Safety Administration announced April 5th, that full implementation required for all states, of CSA 2010, will be delayed to 2011. The agency's original plan was to begin implementing the program in July 2010 and to have all states fully functional by December of this year; currently their are nine states that are operating at 100%. It now appears that although certain phases of CSA 2010 will begin this fall, full implementation will not be completed until mid year 2011.

FMCSA Published Final Rule on Electronic Logging Devices April 5

2010-04-06T05:56:00.000-07:00

On Monday, April 5, the Federal Motor Carrier Safety Administration (FMCSA) published a Final Rule in the Federal Register on the use of electronic logging devices for tracking hours-of-service compliance by the trucking industry.

Click here for a summary of the final rule.

FMCSA's final rule differs from the 2007 proposed rule in that it includes broader criteria for identifying non-compliant carriers that will be required to install such devices. With the use of broader criteria, more carriers will be required to install electronic logging devices. The Final Rule has three major components:

1. Regulatory Incentives - to encourage greater voluntary adoption of devices; 2. Mandatory Adoption - for those motor carriers with a pattern of hours-of-service violations found during a single compliance review; 3. Device Specifications - that address how the devices must work and what data they must collect.

The rule includes a few other matters that will be of particular interest to motor

carriers:

While this rule only mandates electronic logging devices for a relatively small number of motor carriers, FMCSA intends to initiate a rulemaking later this year that will consider a mandate for a broader population of motor carriers. In particular, FMCSA will likely propose a mandate for carriers it feels have "higher potential risks," such as passenger carriers, hazardous materials carriers, and new motor carriers initiating operations.

Supporting Documents - In addition to including violations of the 11, 14, and 60/70 hour rule, the list of violations that could trigger a mandate also includes "failing to preserve driver's records of duty status supporting documents for six months."

As a result, a carrier not found to have violated the driving and on-duty time regulations (e.g., 11 hour driving rule) could still be required to install electronic logging devices in its vehicles, merely for improper recordkeeping.

Existing Fleet Management Devices - It is important to note that the final rule addresses the use of devices that can capture the data necessary for verification of HOS compliance. It does not speak to more comprehensive fleet management systems that also capture engine and driver performance data. However, motor carriers can use such devices to meet the requirements and conditions of the Final Rule if their devices also include a component that meets the specifications for capturing required HOS compliance information.

Questions? Give us a call!

U.S. Transportation Secretary Ray LaHood Proposes Rule to Ban Texting for Truck and Bus Drivers

2010-04-01T09:44:00.000-07:00

Department Announces Unprecedented Partnership with Cornell University to Engage Public in Rulemaking Process

WASHINGTON, D.C. - U.S Transportation Secretary Ray LaHood today announced a federal rule that proposes to specifically prohibit texting by interstate commercial truck and bus drivers. The proposed rule would make permanent an interim ban announced in January 2010 that applied existing safety rules to the specific issue of texting.

The Department also announced an unprecedented partnership with Cornell University to increase public involvement and collaboration in the rulemaking process. The Cornell e-Rulemaking Initiative (CeRI) partnership will make the federal regulatory process more accessible to the public through Regulation Room, an online public participation environment where people can learn about and discuss proposed federal regulations and provide effective feedback to the Department.

"This is good news on two fronts," said Secretary LaHood. "This rulemaking keeps our commitment to making our roads safer by reducing the threat of distracted driving. And our partnership with Cornell on the e-Rulemaking Initiative is an important step toward keeping President Obama's promise of opening government to more effective citizen participation."

Today's proposed rule to ban texting by drivers of commercial vehicles and bus drivers is the first effort in this innovative partnership. Citizens can find more information on the Cornell online effort and provide comments on the proposed rule at regulationroom.org over the next 30 days. The Department of Transportation encourages participation in this rulemaking through Regulation Room, but the public may also submit comments to the DOT docket at regulation.gov.

FMCSA research shows that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road.

Drivers who text while driving are more than 20 times more likely to get in an accident than non-distracted drivers. Because of the safety risks associated with the use of electronic devices while driving, FMCSA is also working on additional regulatory measures that will be announced in the coming months.

"We are committed to using every resource available to eliminate the dangers of distracted driving," said FMCSA Administrator Anne S. Ferro. "This rulemaking to prohibit texting by interstate commercial truck and bus drivers, along with the Cornell E-Rulemaking Initiative, reinforces our unwavering commitment and provides the public with a unique opportunity to share their ideas and comments on how together we can make our roads safer."

The proposed rule will be on public display in the Federal Register March 31 and will appear in print in the Federal Register on April 1.

During the September 2009 Distracted Driving Summit, the Secretary announced the Department's plan to pursue this regulatory action, as well as rulemakings to reduce the other risks posed by distracted driving.

President Obama also signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles or with government-owned equipment. Federal employees were required to comply with the ban starting on December 30, 2009.

The public can follow the progress of the U.S. Department of Transportation in working to combat distracted driving at [1]www.distraction.gov.

References

1. http://www.distraction.gov/

Limited 90-Day Waiver for the Distribution of Anhydrous Ammonia in Agricultural Operations

2010-03-23T11:52:00.000-07:00

Federal Register: 75FR 13441
49 CFR Part: 395

Publication Date: 3/23/2010
Effective Date: 3/22/2070
Expiration Date: 6/21/2010

Action:
Grant of waiver.
Summary:
FMCSA grants a limited 90-day waiver from the Federal hours-of-service (HOS) regulations for the transportation of anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air-mile radius of the retail or wholesale distribution point. This waiver extends the agricultural operations exemption established by section 345 of the National Highway System Designation Act of 1995, as amended by the sections 4115 and 4130 of the Safe, Accountable, Flexible, Efficient Transportation Equity: A Legacy for Users (SAFETEA-LU) to certain motor carriers engaged in the distribution of anhydrous ammonia during the 2010 spring planting season. The Agency has determined that the waiver would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. This waiver preempts inconsistent State and local requirements applicable to interstate commerce.
[View Full Text] [View PDF Version]

SAFETEA-LU Extended to December 31, 2010

2010-03-19T15:20:00.001-07:00

Press Release from CVSA

On March 18, 2010, the Senate passed the “Hiring Incentives to Restore Employment (HIRE)” Act, H.R. 2847, that included a provision to extend SAFETEA-LU through December 31, 2010 as well as providing the Highway Trust Fund $19.5 billion so it can meet its financial obligations through 2011. FMCSA and the state safety grant programs are funded from the Highway Trust Fund. The President is expected to sign the bill.

This extension will allow FMCSA to begin awarding full year funding for Fiscal Year 2010 to the States and Territories.

Whether a new Reauthorization bill will be passed by December 31 of this year is still questionable. However, both the Senate Environment and Public Works and Commerce Committees are now beginning work on a Reauthorization bill. The Senate Commerce Committee will be holding a series of motor carrier safety hearings starting with a general safety oversight hearing in April. On the House side, a core Reauthorization bill has already cleared the Highway and Transit Subcommittee.

One possible scenario is for the House and Senate to complete work on most of the major issues before the November elections except for the more difficult issue of financing the long term bill. This could conceivably be dealt with in a lame duck session of the 111th Congress. There is a precedent for such a scenario which occurred when the Surface Transportation Act of 1982 was passed.

IRS Message to Owner Operators

2010-03-14T08:03:00.000-07:00

From Allen Gregorson - IRS

/Courtesy MTA

Owners and operators of heavy truck/tractors are paid a fuel surcharge by the companies who lease their vehicles. The companies should include these surcharges in the Forms 1099-MISC they issue to the owner/operators. The IRS has received information that indicates that some companies may not be including these fuel surcharges in the payment amounts shown on Forms1099.

Owner/operators should check with the companies leasing their vehicles and confirm whether or not the company is including the fuel surcharges in the 1099s issued to the owner operators. Unreported fuel surcharges can be a significant issue for owner/operators since unreported income can total $30,000 to $50,000 per year for one truck/tractor. With diesel fuel at $3.00 per gallon, for example, the fuel surcharge is $0.31 per gallon.

If the amounts shown on Forms 1099 issued to the owner/operators do not include the surcharge the owner operator must nevertheless include the fuel surcharges in the income they report on their tax returns. If the surcharges were not reported for prior years, the owner/operator should file amended income tax returns to correct the oversight and avoid additional penalties and interest.

Likewise, companies who issue Forms 1099 should also check to make sure they are including the fuel surcharge in the Forms 1099 they issue. If they are not, they should file amended Forms 1099s to correct the error.

Regulatory Guidance Concerning the Applicability of Fees for the UCR Plan and Agreement

2010-03-04T06:58:00.000-08:00

Courtesy MTA
The Federal Motor Carrier Safety Administration (FMCSA) announces regulatory guidance concerning the applicability of fees in 49 CFR 367.20 to registration under the Unified Carrier Registration (UCR) Plan and Agreement beginning after December 31, 2009. Until an adjustment in the fees is published by FMCSA, States participating in the UCR Plan and Agreement may assess and collect fees under the current FMCSA regulation. In accordance with a statutory amendment that applies to the current regulation, fees must be based on the number of self-propelled commercial motor vehicles owned and operated.

This regulatory guidance is effective on March 2, 2010.

For further information, contact:

Frederic L. Wood
Regulatory Affairs Division
Office of Chief Counsel
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE
Washington DC, 20590

frederic.wood@dot.gov
Ph: (202) 366-0834

FMCSA Launches Pre-Employment Screening Web Site

2010-02-26T07:04:00.000-08:00

The Federal Motor Carrier Safety Administration yesterday launched a Web site where trucking companies can register for access to a safety database they will be able to use for screening applicants for driving jobs.

The data is not available yet and probably won't be for another couple of months, according to Michael Johnsen of the agency's Analysis Division. But carriers and third party driver service providers can start registering for the Pre-Employment Screening Program that the agency is creating.

The program will give employers access to five years of an applicant's crash history and three years of his inspection history - with the driver's permission. The data will be drawn from the Motor Carrier Management Information System and will include the same information that is used by agency staff and state police for enforcement. Drivers will have access to the information, as well, and can make the report a part of their application if they wish.

Read the complete version of this text here.

The registration Web site is at http://www.psp.fmcsa.dot.gov. The site includes a list of frequently asked questions.

Federal Ban on Texting for Commercial Truck Drivers

2010-01-26T10:00:00.001-08:00

U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers

U.S Transportation Secretary Ray LaHood today announced federal guidance to expressly prohibit texting by drivers of commercial vehicles such as large trucks and buses. The prohibition is effective immediately and is the latest in a series of actions taken by the Department to combat distracted driving since the Secretary convened a national summit on the issue last September.
“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” said Secretary LaHood. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”

The action is the result of the Department’s interpretation of standing rules. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750.

"Our regulations will help prevent unsafe activity within the cab,” said Anne Ferro, Administrator for the Federal Motor Carrier Safety Administration (FMCSA). “We want to make it crystal clear to operators and their employers that texting while driving is the type of unsafe activity that these regulations are intended to prohibit."

FMCSA research shows that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road. Drivers who text while driving are more than 20 times more likely to get in an accident than non-distracted drivers. Because of the safety risks associated with the use of electronic devices while driving, FMCSA is also working on additional regulatory measures that will be announced in the coming months.
During the September 2009 Distracted Driving Summit, the Secretary announced the Department’s plan to pursue this regulatory action, as well as rulemakings to reduce the risks posed by distracted driving. President Obama also signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles or with government-owned equipment. Federal employees were required to comply with the ban starting on December 30, 2009.

The regulatory guidance on today’s announcement will be on public display in the Federal Register January 26 and will appear in print in the Federal Register on January 27.
The public can follow the progress of the U.S. Department of Transportation in working to combat distracted driving www.distraction.gov.

Unified Carrier Registration Agreement (UCR) Enforcement Moratorium for 2010 Registration Year

2010-01-06T08:26:00.000-08:00

Courtesy MTA and CVSA
The Commercial Vehicle Safety Alliance has issued a bulletin on the moratorium for enforcement of the Unified Carrier Registration (UCR).
Because an amendment to SAFETEA-LU has changed the methodology for determining fleet size by including only power units and eliminating trailers for the 2010 UCR registration year, the statute requires modifications to the fee structure that must first be promulgated in federal regulation in order for the program to proceed.
When the rulemaking is completed, participating states will mail registration notices to all entities subject to the UCR allowing for a reasonable time period for companies to remit their fees.

Below is the inspection bulletin from the CVSA:

This Inspection Bulletin announces a moratorium on enforcement of the UCR effective January 1, 2010 for the 2010 registration year. This moratorium shall remain in effect until further notice.
Please be advised that this moratorium does not impact UCR requirements as they relate to previous years.
Background
An amendment to SAFETEA-LU has changed the methodology for determining fleet size by including only power units and eliminating trailers for the 2010 UCR registration year. This significant change to the statute requires modifications to the fee structure that must first be promulgated in federal regulation in order for the program to proceed.
When the rulemaking is completed participating states will mail registration notices to all entities subject to the UCR allowing for a reasonable time period for companies to remit their fees.
When participating states have agreed on a 2010 enforcement date an updated enforcement bulletin will be issued.
Enforcement of a Previous UCR Registration Year (2007 – 2009) after January 1, 2010
In order for roadside enforcement of a previous UCR registration year to take place after January 1, 2010, enforcement staff should first obtain evidence of interstate operations occurring during that particular registration year. Proof may include but not be limited to log entries; toll receipts; shipping papers; bills of lading; previous years apportioned receipt or prior years roadside inspection reports.

12/14/2009 Legislative Updates

2009-12-17T09:42:00.000-08:00

For immediate release: CVSA

DOT 2010 APPROPRIATIONS BILL FINALLY PASSES BY CONGRESS

FMCSA Budget Gets Slight Increase
Over the week-end, the U.S. Congress finally passed the DOT 2010 Appropriations Bill after passing several Continuing Resolutions (CR) since September 30. President Obama is expected to sign it by December 18 when the current CR expires. The bill provides a 1.6% increase for FMCSA and its various programs, to include state motor carrier safety grants. This slight increase is provided in the absence of any new authorized ceiling because a new Reauthorization bill has not yet been passed. The language from the House-Senate Conference Report is attached showing specific program amounts as well as comments on high risk carriers, EOBR’s and research and technology education.

Maine and Vermont Given Size and Weight Exemptions
Senator Susan Collins of Maine and Senator Patrick Leahy of Vermont requested (and received in the appropriations bill) exemptions from the 80,000 lb. weight limit (allowed up to 100,000 lbs.) on sections of the Interstate System in both states. Attached is the legislative and report language for Section 194 of the bill. The economic argument advanced by both Senators is that both Maine and Vermont are surrounded by states/jurisdictions that for one reason or another already have the weight limit exemption on their portions of the Interstate System. The exemptions are provided through a one year pilot program. However, neither the legislative or report language indicate the details of the pilot. Section 194 sets the stage for a more intense size and weight debate which is certain to take place as further consideration of the Reauthorization bill gets underway. Attached is CVSA’s Reauthorization Size and Weight policy which, among other things, states that any motor carrier operating under a size and weight pilot program in the U.S. should be in full compliance with the Federal Motor Carrier Safety Regulations.

Timeline for Reauthorization Still Uncertain
The Appropriations bill just passed did not contain language extending SAFETEA-LU. The current extension expires this Friday, December 18. Congress will most certainly not allow the current highway, safety, and transit programs to expire. However, just when and how this will be done prior to midnight on Friday is not clear. Stay tuned, we will keep you advised.

Potential Senate Commerce Committee Markup of Bus Safety Bill
A potential markup of a bus safety bill by the Senate Commerce Committee this coming Thursday, December 17 has not yet been confirmed. Ranking Minority Committee Member, Senator Kay Bailey Hutchison of Texas has drafted a new bill that differs from her original bill, S. 554, that she co-sponsored with Senator Sherrod Brown of Ohio. It is reported to be more “moderate” than S. 554. More details on this as things unfold.

FMCSA Rule Setting 2010 UCR Registration Fees Delayed
Efforts by FMCSA to issue new Unified Carrier Registration fees for 2010 have been delayed. The new rule was to have been issued by October 15. However, at both the October and November UCR Board teleconference calls, FMCSA representatives said the process for issuing a new rule was on track and would be coming out soon. They further reported that the rule had not been deemed to be economically significant thereby obviating a more lengthy review by the Office of Management and Budget. In the November 12 call, UCR Board members discussed the fact that if the rule were issued by December 1, there would still be time for the registration notices reflecting the 2010 fee schedule to be sent out to carriers by January 1, 2010. The rule was not issued by December 1 and on the UCR Board’s December 10 teleconference call, FMCSA representatives reported that due to heightened public interest there is a possibility the rule could be deemed to be “significant” thereby requiring more time for review by OMB. If this is the case, it is estimated that the rule could be delayed until at least March, 2010 and possibly later. This could jeopardize receipt of 2010 UCR revenues that many states depend on for funding of motor carrier safety enforcement. Last week, CVSA, NCSTS (National Conference of State Transportation Specialists) and NARUC (National Association of Regulatory Utility Commissioners) sent a letter to FMCSA outlining our concerns with respect to this issue. The letter is attached, along with the comments CVSA supplied to the fee rulemaking in September. We are monitoring this very closely and will keep you apprised of information as it becomes available.

Compliance with Intermodal Equipment Final Rule Required

2009-12-16T07:36:00.000-08:00

Courtesy MTA

Compliance with the Intermodal Equipment Final Rule is required by December 17, 2009. New regulations make intermodal equipment providers (IEPs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs) for the first time, and establish shared safety responsibility among intermodal equipment providers, motor carriers, and drivers.

The new rule will enhance the safety of the nation's intermodal transportation system by improving maintenance which should result in fewer breakdowns and crashes involving intermodal chassis and fewer chassis being placed out-of-service.

FMCSA Fields Medical Questions

2009-12-04T09:28:00.000-08:00

Courtesy CVSA

eTrucker; Thursday, December 3, 2009

Byline: Todd Dills

In a meeting conducted by the Federal Motor Carrier Safety Administration’s Office of Medical Programs aimed at addressing the questions of agency field staff and state motor carrier safety personnel about coming changes to medical certification regulations of commercial drivers, the agency’s Chief Medical Officer Bennise Lester and medical programs chief Elaine Papp both repeatedly emphasized the case-by-case nature of most areas of medical disqualification.

“The primary concerns are the driver’s physical ability to function while operating a commercial vehicle,” said Papp in response to a question about a potential federal cap on the age of commercial drivers. “Medical requirements should be performance-based and not linked to age. We’re not looking at making any changes based on age at this point.”

Similarly, regarding the subject of Body Mass Index, a measurement which expresses the ratio of fat to muscle in an individual – a BMI number above 30 is considered to indicate obesity – FMCSA medical programs director Mary Gunnels said BMI would not be a factor by itself in any testing mandate for conditions associated with obesity, such as sleep apnea. She, Lester and Papp all stressed it was just “one among many measurements associated with determining obesity,” in Gunnels’ words, and that “we don’t have a specific requirement on testing.”

FMCSA’s Medical CDL program, set for full implementation in January 2012, feeds medical certification data directly to the CDL Information System database. Combined with a reporting requirement for approved examiners linked to the medical CDL, it will be much harder for drivers whose certifications have been disqualified or lapsed to slip through the regulatory cracks.

Disclosure requirements placed on drivers upon any change in health that could affect medical certification (for instance, deteriorating vision), also will be more easily enforced by FMCSA the more information is gained from medical examiners.

“This third piece is closing the loop on fraud with the SAFETEA-LU requirement that FMCSA receive and evaluate medical long forms” from examiners, said Gunnels. “We are requesting appropriations through the reauthorization that will get that one done.”

Considering the specifics of many of the questions delivered to the agency representatives during the Dec. 2 presentation, clearly many drivers and motor carrier personnel were listening.

The Office of Medical Programs will conduct a repeat webinar Dec. 16. To participate, email FMCSAmedical@dot.gov with “medical webinar” in the email subject line. For more information, call (202) 385-2375.

CSA 2010

2009-11-06T08:00:00.000-08:00

By now you have probably heard of the new federal program, “CSA 2010”
Here is a Q&A to help you understand the fundamentals:

Q. What is it?

A. Comprehensive Safety Analysis 2010 is a new program designed to improve monitoring carrier’s and driver’s compliance with the Federal Motor Carrier Safety Regulations.

Q. Who is enforcing CSA 2010?

A. Currently Minnesota and Montana are the only states that have implemented the program at 100%.

Q. When will all states be on board?

A. It is anticipated that CSA 2010 will be fully operational by July 2010

Q. What are we required to do?

A. Carrier and driver performance requirements have not changed with this program. Carriers and drivers are still required to be in compliance with the regulations.

Q. Then what is different?

A. The difference is how violations are scored, as opposed to the old “SafeStat” program.

Q. How do we see our new scores?

A. Log into CSA2010 with your U.S. DOT Number and the PIN you were assigned, or that you use to update your annual MCS150.

Q. What if I don’t know my PIN

A. You can call Sue Carlson at the FMCSA 651-291-6150; she will have a PIN mailed to you.

Q. Once I log in, then what?

A. On the first page, you will see the 8 BASIC categories; each category has been assigned a score, based upon your driver’s roadside violations.

Q. How do I lower my score?

A. The only way the score is lowered, is with time – each violation drops off after 24 months, and improving driver’s roadside behavior so that the violations are not repeated.

Q. What’s in it for me?

A. The best part of CSA 2010 is that you will be given early notice from the feds, via a letter or a phone call that a score is deficient. This “early” warning is a courtesy call from the feds so that you can focus on that particular area and work with your drivers to correct the errors, thus improving your roadside performance, and your scores.

Q. Will I get audited more often?

A. Actually, CSA 2010 was designed to offset the full-blown compliance reviews and streamline the auditing process. This will eliminate the need for an auditor to be at your site for 3 or more days, looking at all aspects of carrier/driver compliance, and instead just focusing on the area that is deficient. In many cases, an audit can be accomplished via fax and phone calls.

Q. How can I learn more about this?

A. If you are enrolled in our Level II or higher services, give us a call and we will help get you set up!

CSA 2010

2009-11-06T07:50:00.000-08:00

By now you have probably heard of the new federal program, “CSA 2010”
Here is a Q&A to help you understand the fundamentals:

Q. What is it?

A. Comprehensive Safety Analysis 2010 is a new program designed to improve monitoring carrier’s and driver’s compliance with the Federal Motor Carrier Safety Regulations.

Q. Who is enforcing CSA 2010?

A. Currently Minnesota and Montana are the only states that have implemented the program at 100%.

Q. When will all states be on board?

A. It is anticipated that CSA 2010 will be fully operational by July 2010

Q. What are we required to do?

A. Carrier and driver performance requirements have not changed with this program. Carriers and drivers are still required to be in compliance with the regulations.

Q. Then what is different?

A. The difference is how violations are scored, as opposed to the old “SafeStat” program.

Q. How do we see our new scores?

A. Log into CSA2010 with your U.S. DOT Number and the PIN you were assigned, or that you use to update your annual MCS150.

Q. What if I don’t know my PIN

A. You can call Sue Carlson at the FMCSA 651-291-6150; she will have a PIN mailed to you.

Q. Once I log in, then what?

A. On the first page, you will see the 8 BASIC categories; each category has been assigned a score, based upon your driver’s roadside violations.

Q. How do I lower my score?

A. The only way the score is lowered, is with time – each violation drops off after 24 months, and improving driver’s roadside behavior so that the violations are not repeated.

Q. What’s in it for me?

Q. Will I get audited more often?

A. Actually, CSA2010 was designed to offset the full-blown compliance reviews and streamline the auditing process. This will eliminate the need for an auditor to be at your site for 3 or more days, looking at all aspects of carrier/driver compliance, and instead just focusing on the area that is deficient. In many cases, an audit can be accomplished via fax and phone calls.

Q. How can I learn more about this?

A. If you are enrolled in our Level II or higher services, give us a call and we will help get you set up!

CARB Deadlines Approaching

2009-11-06T07:48:00.000-08:00

Courtesy M.T.A.
Several California Air Resources Board compliance deadlines are scheduled to take effect around the new year. Dec. 31, 2009 - Deadline for model-year 2002 and older transport refrigeration units (TRUs) operating in California to reduce particulate matter (PM) emissions by 50 percent either through engine retrofits or replacements, TRU replacements or other CARB-approved methods.

Jan. 1, 2010 - Trucks with pre-1994 engines cannot be legally dispatched to most ports and rail yards in California. Trucks with 1994 to 2003 engines will need to be retrofit with a CARB-verified Level 3 device (85 percent PM control) plus 25 percent NOx control in order to be dispatched to the ports of Los Angeles or Long Beach. Trucks with 1994 to 2003 engines will need to be retrofit with a CARB-verified Level 3 device to be dispatched to all other affected ports or rail yards.

Jan. 1, 2010 - Model-year 2011 53-foot dry van or refrigerated trailers operating in California as well as model-year 2011 sleeper cab tractors pulling these trailers will need to be SmartWaySM certified (or retrofit to SmartWaySM specifications in the case of trailers). Model-year 2011 day cab tractors pulling these trailers must use SmartWaySM certified low-rolling-resistance tires.

Ralph Nader's Group "Public Citizens" Persists

2009-10-28T06:36:00.000-07:00

Courtesy MTA
Late yesterday, the Federal Motor Carrier Safety Administration (FMCSA) agreed to review and reconsider its Hours-of-Service (HOS) rule, putting on hold a federal court challenge by a coalition of advocacy groups. The "settlement agreement" between FMCSA and Public Citizen (& other groups), filed with the court on Monday, gives FMCSA nine months to submit a Notice of Proposed Rulemaking to the White House, and 21 months to issue a final rule. Until that time, the current rule remains in effect.

According to DOT and FMCSA, the settlement was "procedural" in nature, and that there is nothing in the agreement binding FMCSA to a particular rulemaking outcome.

Click here for the full agreement.

We will keep you informed as we learn more about this development.

CVSA PUTS THE BRAKES ON AGGRESSIVE, DISTRACTED DRIVING

2009-10-14T06:32:00.000-07:00

National Awareness Campaign “Operation Safe Driver” Seeks to Educate All Drivers on Risks

Washington, DC (October 13, 2009) – When commercial vehicles and passenger cars collide, the result is a deadly and costly mix of injuries, property damage, and death. In an effort to reduce crashes involving trucks, buses and passenger vehicles the Commercial Vehicle Safety Alliance (CVSA), in partnership with the Federal Motor Carrier Safety Administration (FMCSA), and other organizations, are joining together to educate all drivers on the toll their behavior takes on society. The message: “Cutting it close can cut your life short.”

"Driving is a privilege and all drivers need to share the road responsibly. Operation Safe Driver shines a spotlight on this responsibility and is implementing strategies to improve driver behavior and performance,” said Stephen Keppler, CVSA’s Interim Executive Director.

Operation Safe Driver is a national awareness and enforcement campaign that targets improving both commercial and non-commercial driver behavior and performance through effective enforcement, education and awareness strategies. The program runs from October 18-24, 2009 across North America and is supported by the National Highway Traffic Safety Administration, Governors Highway Safety Association, American Trucking Associations, United Motorcoach Association, American Association of State Highway and Transportation Officials, and the National District Attorneys Association, among others.

“Operation Safe Driver helps convey the message that every driver behind the wheel of a vehicle has a personal responsibility to make our highways as safe as they can be. Drivers of commercial vehicles have an especially important obligation because of the time they spend on the road,” said Rose A. McMurray, FMCSA Acting Deputy Administrator.

“This year’s campaign takes the importance of highway safety directly to our young people so they can adopt safe driving habits for a lifetime of safe driving practices. FMCSA is pleased to once again join with CVSA to sponsor this national awareness campaign that educates all drivers on how their actions can improve road safety and save lives.”

A new component of the Operation Safe Driver program this year takes the issue of aggressive and distracted driving by car drivers around large truck and buses directly to teens across the country. Schools will be teaching teens about the risks of dangerous driving behavior during this week and concentrate on the unsafe driving practices of drivers who share the road with larger, commercial vehicles. The “Teens and Trucks” training course was developed by the Arizona Trucking Association, the Arizona Department of Public Safety, CVSA, FMCSA and the American Trucking Associations.

The campaign kick-off event will be held at Walt Whitman High School, in Bethesda, Maryland on October 20, 2009 at 10:30 a.m. to draw attention to these efforts. On the same day, the Dr. Harry Wise High School in Prince George’s County will be conducting an educational component strictly targeted to teens and safe driving around commercial motor vehicles.

In addition, the campaign is launching a new public service announcement to educate all drivers about the risks of driving aggressively. The PSA can be viewed on the website www.operationsafedriver.com as well as on Washington D.C.’s WTOP’s traffic page www.wtop.com.

CVSA is an international not-for-profit organization comprised of local, state, provincial, territorial and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Our mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers. In addition, CVSA has several hundred associate members who are committed to helping the Alliance achieve its goals; uniformity, compatibility and reciprocity of commercial vehicle inspections, and enforcement activities throughout North America by individuals dedicated to highway safety and security. For more on CVSA visit www.cvsa.org.

US DOT PROPOSES BAN ON TEXTING

2009-10-01T14:51:00.001-07:00

DOT 156-09
Thursday, October 1, 2009
Contact: USDOT Public Affairs
Tel: 202-366-4570

U.S. Transportation Secretary Ray LaHood Announces Administration Wide Effort to Combat Distracted Driving

WASHINGTON – At the conclusion of a two-day summit on distracted driving in Washington, D.C. today, U.S. Transportation Secretary Ray LaHood announced a series of concrete actions the Obama Administration and the U.S. Department of Transportation (USDOT) are taking to help put an end to distracted driving.

Last night, President Obama signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they’re on official government business. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.

“This order sends a very clear signal to the American public that distracted driving is dangerous and unacceptable. It shows that the federal government is leading by example,” said Transportation Secretary Ray LaHood. “I fully expect that all 58,000 DOT employees and contractors will take this order seriously. Let’s show our friends and families that we can resist the temptation to answer the phone, send a message, or allow some other distraction to interfere with our driving.”

Secretary LaHood pledged to work with Congress to ensure that the issue of distracted driving is appropriately addressed. He also announced a number of immediate actions the Department is taking to combat distracted driving, including the Department’s plan to create three separate rulemakings that would consider:

Making permanent restrictions on the use of cell phones and other electronic devices in rail operations.

Banning text messaging altogether, and restrict the use of cell phones by truck and interstate bus operators.

Disqualifying school bus drivers convicted of texting while driving, from maintaining their commercial driver’s licenses.

The Secretary also called on state and local governments to work with USDOT to reduce fatalities and crashes by making distracted driving part of their state highway plans, and by continuing to pass state and local laws against distracted driving in all types of vehicles, especially school buses. He asked states and local governments to back up public awareness campaigns with high-visibility enforcement actions. And he said the Department is establishing an on-line clearinghouse on the risks of distracted driving, aimed especially at young people, which will give them information to help encourage good decisions.

Secretary LaHood also pledged to continue the Department’s research on how to best combat distracted driving. As part of this pledge, the Department will launch a new demonstration program this year to evaluate techniques that states can use to get the most out of their efforts to end this destructive behavior.

“Keeping Americans safe is without question the federal government’s highest priority – and that includes safety on the road, as well as on mass transit and rail,” said Secretary LaHood. “I’m greatly encouraged by the work accomplished at this summit. Working together, we’re going to make sure that traveling in America is as safe as it can possibly be and I strongly encourage the public to take personal responsibility for their behavior and show a healthy respect for the rules of the road.”

The two-day summit brought together safety experts, researchers, industry representatives, elected officials and members of the public who shared their expertise, experiences and ideas for reducing distracted driving behavior and addressed the safety risk posed by this growing problem across all modes of transportation. Authoritative speakers from around the nation led interactive sessions on a number of key topics including the extent and impact of distracted driving, current research, regulations and best practices. Individuals from 49 states participated in the summit via the web.

The summit also featured a discussion with Seventeen Editor-in-Chief Ann Shoket and three young adults that explored the dangers of texting and driving. High school classrooms across the country tuned into the youth geared program and heard insights from Reggie Shaw, 22, and Nicole Meredith, 18, both of whom caused car crashes because they were texting while behind the wheel. Reggie and Nicole were joined by Natalie Hayford, 17, a teen advocate with the Anoka, Minnesota chapter of Students Against Destructive Decisions (SADD). Natalie works with her school and community to try and educate people her age about the dangers of distracted driving.

Together with the National Organizations for Youth Safety (NOYS) and the National Road Safety Foundation (NRSF), the group announced the Drive for Life PSA contest. The contest challenges kids and teens to submit a PSA concept on combating distracted or impaired driving and the winner will be sent to New York City to help producers actually put their PSA together. Additional information on the challenge can be found at www.noys.org or www.nrsf.org.

To watch Secretary LaHood’s video blog on distracted driving visit www.dot.gov. The full webcast of the summit will be available later this week on www.dot.gov.

# # #

Truck Drivers Appreciated!

2009-10-01T10:46:00.000-07:00

During National Truck Driver Appreciation Week, November 1 - 7, America takes the time to honor professional truck drivers for their hard work and commitment in tackling one of our economy's most demanding and important jobs.

So join us in celebrating the men and women across the country who work hard every day to deliver the Good Stuff!

National Truck Driver Appreciation Week is the perfect time to show your drivers how much you appreciate their hard work, commitment and safe driving. Small gifts are a great way to make this week memorable.

To view some gift ideas for your drivers, please visit
http://www.atabusinesssolutions.com/c-13-national-truck-driver-appreciation-week.aspx.

CONGRESS PASSES CR THAT PROVIDES FUNDING FOR DOT AND FMCSA AT 2009 LEVELS TO OCTOBER 31ST AND EXTENDS SAFETEA-LU FOR ONE MONTH AS WELL

2009-10-01T10:34:00.000-07:00

Courtesy of CVSA

Last night, just hours before the end of the 2009 Fiscal Year, Congress passed a Continuing Resolution (CR) that funds most agencies of the Federal Government, including DOT, through October 31^st at 2009 levels.

However, because of budget rules and recessions, some of which were actually put in place in SAFETEA-LU at the time it passed in August of 2005 but not to take effect until the day the law expires, the funding levels provided for in the CR will actually be lower than the 2009 levels. FMCSA is impacted to the tune of $133 million on an annual basis. One-twelfth of that amount will affect October’s allocations. It is not known at this point if there may be some leeway allowing affected agencies to use previously unspent monies to help offset this.

To put this into perspective, the highway programs will receive $11.9 billion less on annual basis.

The good news is that such reductions may be only temporary. When Congress passes the regular 2010 DOT Appropriations bill and when Congress passes a free-standing three-month extension of SAFETEA-LU, it may take the opportunity to try and restore many of the cuts. There is a reasonable chance that Congress will act on both measures before October 31.

We will keep you advised.

UCRA Fees Would More Than Double Under 2010 FMCSA Proposal MTA Committees

2009-09-23T06:56:00.000-07:00

Article Courtesy of MTA

For the past two years interstate companies that are registered with the U.S. Department of Transportation have been paying Unified Carrier Registration Agreement (UCRA) fees based on their number of vehicles (including trailers). Earlier this year, the UCRA Board of Directors agreed to eliminate trailers from the vehicle count when calculating the fees a company owes. However, approximately two weeks ago, the Federal Motor Carrier Safety Administration published the proposed fee schedule for 2010. The new schedule would more than double the fees over previous years. Below is a summary comparing the current schedule with the proposed fees for 2010.

# of Vehicles Current UCRA Fees 2010 Proposed UCRA Fees

(includes trailers) (excludes trailers)

0 - 2 $ 39 $ 87
3 - 5 $ 116 $ 258
6 - 20 $ 231 $ 514
21 - 100 $ 806 $ 1,793

101 - 1,000 $ 3,840 $ 8,541
1,001 + $ 37,500 $83,412

FMCSA Grants 10-day Comment Period Extension for UCRA Proposal

The Federal Motor Carrier Safety Administration (FMCSA) has extended the Unified Carrier Registration Agreement fee increase proposal comment period until September 28. Interested parties wishing to file comments may do so at www.regulations.gov (where they can view other comments) or by fax at (202) 493-2251. Comments should be identified by docket number FMCSA-2009-0231 and/or RIN 2126-AB19.

Permit Phone-in Application Service Ends Nov. 1

2009-09-23T06:53:00.000-07:00

Article courtesy of MTA

The Minnesota Department of Transportation (Mn/DOT) Office of Commercial Vehicle Operations will discontinue accepting applications for oversize and overweight permits by phone effective Nov. 1, 2009.

Mn/DOT's RouteBuilder online permitting program is available 24/7/365 and allows customers to control when and how they order permits. Many times they receive their permit faster since most routine permits can be issued automatically without intervention by our staff.

If customers cannot or choose not to use our online program they can still order permits by fax, mail, in person or through a 3rd-party permit service.

Mn/DOT will still handle phone calls for questions regarding permit procedures or from those having technical issues; they just won't accept applications for new permits or revisions by phone.

For additional information, visit Mn/DOT's Web site at www.dot.state.mn.us/cvo/oversize/oversize.html

Direct Observation Collections Mandatory August 31

2009-07-30T11:59:00.000-07:00

In today's Federal Register (July 30, 2009) the DOT issued a new final rule on the effective date of making all return-to-duty and follow-up drug tests mandatory Direct Observations.
1. This Final Rule makes Direct Observation collection procedures mandatory for all return-to-duty and follow-up drug testing.
2. This provision had been stayed by the United States Court of Appeals for the District of Columbia Circuit; but that stay was lifted on July 1, 2009, following the Courts unanimous decision to uphold the Departments position in this matter.
3. This amendment, therefore, restores the language of 49 CFR 40.67(b) to the version that became a final rule on June 25, 2008.
4. The Final Rules effective date is August 31, 2009.
5. This is MANDATORY, as an employer, you do not have an option to waive the observation.
6. Make certain your driver's understand what Part 40.67 states; specifically "the observer, must be the same gender as the donor. The observer, must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show, by turning around, that they do not have a prosthetic device. Once it is determined that the donor does not have such a device, the donor may return clothing to its proper position for observed urination. The observer must watch the donor urinate into the collection container. Specifically, watching the urine go from the donor's body into the collection container."
7. All Follow-up and Return-to-Duty collections will be required to be scheduled by appointment through our collection site, 320-656-1396. Additional fees for the direct observation will apply.

Please click here for the full pdf of the final rule.

CVSA’s ROADCHECK REINFORCES THE ADAGE IT PAYS TO BE SAFE

2009-06-25T11:46:00.000-07:00

As Violations Decrease, Safety ImprovesWashington, DC (June 25, 2009) — The long-term forecast for commercial motor vehicle safety may be a sunny one, as long as out-of-service (OOS) rates continue to be one of the principal barometers to measure safety performance. According to the Commercial Vehicle Safety Alliance (CVSA), Roadcheck 2009’s record total of overall inspections and Level I inspections showed significant declines in vehicle and driver OOS rates, as well as a significant drop in safety belt violations.Roadcheck is the largest targeted enforcement program on commercial vehicles in the world. This year approximately 17 trucks or buses were inspected, on average, every minute from Canada to Mexico during the 72-hour period from June 2-4, 2009.This year roadside inspectors focused on the North American Standard (NAS) Level I Inspection; Safety Belt enforcement; Motorcoach and bus safety compliance; and, Unified Carrier Registration compliance. 9,700 CVSA and FMCSA certified inspectors at 2,148 locations across North America performed a record 72,782 truck and bus inspections. Of that total, there were 57,013 NAS Level I inspections, the most comprehensive roadside inspection. Both of these outputs are significant increases over previous records for the 22-year event. The total inspection output is a 7.1 percent increase over the previous record (2008), and the NAS Level I output is an 8.9 percent increase (2008).Data show the highest overall vehicle compliance rate — 80.4 percent — since 1996, and the highest overall driver compliance rate — 95.7 percent — ever. For NAS Level I inspections, the compliance rates of 77.8 percent (vehicles) and 96.1 percent (drivers) were both records for Roadcheck, and represented 7.1 and 20.4 percent improvements respectively over last year’s totals. In addition, safety belt violations were reduced in 2009 by 276 (1,246 to 970), a 22.2 percent improvement over last year. Inspections of passenger carrying vehicles resulted in a vehicle compliance rate of 88.5 percent and a driver compliance rate of 96.4percent, both improvements (5.7 percent for vehicles and 20 percent for drivers) over last year’s totals. There were 29,972 CVSA Decals issued to vehicles that passed the inspection.“The commercial motor vehicle industry is proving the old adage that it pays to be safe,” said Darren Christle, CVSA’s President. “If you look at the data it clearly shows when carriers prepare for safety they will benefit not only by avoiding fines but by saving lives. It can be said that Roadcheck 2009 saved 17 lives and helped to avoid 307 injuries. Over the course of an entire year that equals 2,068 lives saved and 37,352 injuries avoided. By any measure those are big numbers, and the enforcement community should be proud of its accomplishments in this regard.”"The positive results of this year's Roadcheck program reinforce the importance of federal, state and local enforcement partners working together to keep our roads safe and save lives," said FMCSA Acting Deputy Administrator Rose McMurray. "The data shows that on key measures of safety performance, such as driver and vehicle compliance with safety requirements and seat belt usage, the commercial motor carrier industry is demonstrating record improvements. FMCSA regards the annual CVSA Roadcheck invaluable as we together strive to ensure our highways and roads are safer for every traveler."CVSA sponsors Roadcheck each year with the Federal Motor Carrier Safety Administration (FMCSA), Canadian Council of Motor Transport Administrators (CCMTA), Transport Canada, and the Secretariat of Communications and Transportation (Mexico).CVSA is an international not-for-profit organization comprised of local, state, provincial, territorial and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Our mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers. In addition, CVSA has several hundred associate members who are committed to helping the Alliance achieve its goals; uniformity, compatibility and reciprocity of commercial vehicle inspections, and enforcement activities throughout North America by individuals dedicated to highway safety and security. For more on CVSA visit www.cvsa.org.# # #ROADCHECK 2009 FACT SHEETDriver results for the vehicle types were as follows:•All inspections: 95.6 percent of drivers passed, and 4.4 percent were placed out of service (5.3 percent were out of service in 2008).•All Level I inspections: 96.1 percent of drivers passed, and 3.9 percent were placed out of service (4.9 percent were out of service in 2008).•Hazmat: 97.0 percent of drivers passed, and 3.0 percent were placed out of service (2.4 percent were out of service in 2008).•Passenger carrying vehicles: 96.4 percent of drivers passed, and 3.6 percent were placed out of service (4.5 percent were out of service in 2008).Vehicle results were as follows:•All inspections: 80.4 percent of vehicles passed, and 19.6 percent were placed out of service (20.8 percent were out of service in 2008).•All Level 1 inspections: 77.8 percent of drivers passed, and 22.2 percent were placed out of service (23.9 percent were out of service in 2008).•Hazmat: 83.0 percent of vehicles passed the inspection, and 17.0 percent were placed out of service (17.6 percent were out of service in 2008).•Passenger carrying vehicles: 88.5 percent of vehicles passed the inspection, and 11.5 percent were placed out of service (12.2 percent were out of service in 2008).The specific violation percentage distributions from 2007-09 are shown below:

CSA 2010 has come to Minnesota & Montana

2009-06-19T07:36:00.000-07:00

Courtesy of Minnesota Trucking Association

Minnesota and Montana are the first states who begin implementing the Comprehensive Safety Analysis (CSA) 2010 initiative, on June 1st. The goal of CSA 2010 is to look for new ways to improve the Federal Motor Carrier Safety Administration's (FMCSA) ability to meet its goal of significantly reducing crashes, fatalities, and injuries involving large trucks and buses by:

Changing the way FMCSA monitors motor carriers and drivers (replaces many elements of SAFESTAT),
Making FMCSA's processes more efficient (i.e. current Compliance Review Program),
Expanding the enforcement and compliance reach in the regulated community.
There are four major elements to CSA 2010:

Measurement System - The measurement system will group the safety performance data of motor carriers and drivers into seven categories, called BASICs - Behavioral Analysis Safety Improvement Categories. The seven BASICs are:
(1) Unsafe Driving
(2) Fatigued Driving
(3) Driver Fitness
(4) Controlled Substances/Alcohol
(5) Vehicle Maintenance
(6) Improper Loading/Cargo
(7) Crash Indicator

Intervention - Once the measurement system signals the need to intervene, CSA 2010 will draw upon a broad array of progressive interventions that are designed to advise the motor carrier or driver that their safety performance has come to the government's attention. These steps are meant to improve unsafe behavior early.

Safety Evaluation - Safety fitness determination will be based on performance data processed through the measurement system and will not necessarily be tied to the current FMCSA compliance review. Each motor carrier or driver for which there is sufficient data will receive a safety fitness determination that would be updated every 30 days.

COMPASS - CSA 2010 is closely aligned with COMPASS, an FMCSA-wide initiative that is leveraging new technology to transform the way that FMCSA does business.

Motor carriers should take a look at their current CSMS results (BASIC scores) and a more detailed explanation of the system at http://ai.fmcsa.dot.gov/csi. You will need your PIN to access these Web sites. Information for obtaining a PIN can be found at https://li-public.fmcsa.dot.gov/LIVIEW/pkg_registration.prc_option_decision and select "I want to request a copy of a document" or call 1-800-832-5660 for assistance.

You can also view a copy of the Methodology and Introduction to CSA 2010 here. Or a copy of the CSA listening session here.

Repeat Offenders - Beware of Maximum Penalties!

2009-06-09T10:16:00.000-07:00

The FMCSA recently stated that it will be applying maximum penalties to repeat offenders caught violating the same regulations more the one time. In cases where acute violations are discovered during a compliance review, maximum penalties will be assessed if the same regs are violated within six years of a closed case that had the same regulations violated.

Below are some examples of past fines assessed against carriers at recent DOT Audits:
1) Using a driver after the driver tested positive on a drug test - $6,664
2) Failing to conduct the required employment background check - $3,776
3) Using a driver before receiving the results of pre-employment drug test - $2,760
4) Failing to implement a random drug/alcohol testing program - $1,580
5) Failing to conduct post accident testing on driver for controlled substances $1,780
6) Failing to do random drug tests at the required annual rate - $5,340
7) Allow a driver to Falsify records of duty status $1,540.00, per driver!
8) Failing to preserve supporting documents for 6 months $650.00

We can assume that these fines may double or triple with repeat violations!!

If you have concerns, or need help getting into compliance, give us a call!

Drug and Alcohol Testing News

2009-05-19T14:23:00.000-07:00

Courtesy DATIA

It's been a busy few days for the drug and alcohol testing industry.Following are three pieces of recent news concerning the drug and alcohol testing industry.

U.S. Court of Appeals Upholds DOT Regulations On Friday, May 15, 2009 the U.S. Court of Appeals upheld the DOT's regulatory requirement to require direct observation collections for all follow-up and return-to-duty testing. The regulation was originally published in June 2008 and was scheduled to go into effect on August 25, 2008. The DOT delayed implementation of this provision on August 22, 2008, however, pending the U.S. Court of Appeals' decision. DATIA has contacted the DOT regarding the new effective date of this provision and will keep members informed. Full text of the Court's decision can be viewed at http://pacer.cadc.uscourts.gov/docs/common/opinions/200905/08-1264-1181010.pdf
FAA Combines Drug and Alcohol Testing Regulations On May 14, 2009, the Federal Aviation Administration (FAA) issued a final rule that combines its drug and alcohol testing regulations. This rule is effective July 13, 2009. The final rule combines all the current FAA drug and alcohol testing requirements (14 CFR part 121, including appendices I and J, parts 135, 61, 63, and 65, as well as, part 91) into a single part 14 CFR Part 120. Since the FAA is working on a major revision to its drug and alcohol testing regulations, it felt it was best to pull the existing regulations together in one place in the interim. The FAA believes this will clarify the current requirements for testing, and simplify locating specific provisions and changes to those provisions for those individuals and entities with drug and alcohol testing programs. The complete new regulations can be viewed at http://edocket.access.gpo.gov/2009/pdf/E9-11289.pdf
June 2 & 3, 2009 Drug Testing Advisory Board Meeting Announced SAMHSA announced that its next DTAB meeting will be held June 2 & 3, 2009 in Washington, DC. DATIA will have representatives present and encourages members to attend as well. The meeting is open to the public and will include discussion of the Mandatory Guidelines for Federal Workplace Drug Testing Programs, including implementation of the revised Mandatory Guidelines; Federal drug testing updates from the Department of Transportation, the Department of Defense, and the Nuclear Regulatory Commission; review of significant changes in the revised Mandatory Guidelines; and presentations on immunoassay kit issues, proficiency testing practice sets and rounds, instrumented initial test facilities, urine collector/collection site procedures, and Medical Review Officer training and certification. There will also be updates on a revised Federal custody and control form and expanded confirmatory drug test technologies.

FMCSA Revises Policy on Assessing Maximum Fines

2009-04-27T08:10:00.001-07:00

Courtesy MTA

On March 30, 2009, the Federal Motor Carrier Safety Administration (FMCSA) announced in the Federal Register its revised policy regarding the assessment of maximum fines. This policy became effective on April 1, 2009. This action was taken based on a Congressional mandate in the Motor Carrier Safety Improvement Act of 1999 and subsequent recommendations of the Department of Transportation's Office of Inspector General and the Government Accountability Office. Under this updated policy, FMCSA will seek the maximum penalty where a motor carrier exhibits a pattern of violations. The agency will also apply such maximum penalties when one or more violations of critical or acute regulations are discovered in the same regulatory part during an investigation within six years of a previous enforcement case. Additionally, FMCSA has expanded the types of investigations that may trigger the assessment of the maximum civil penalties.

Three Ways Claims Adjusters Can Reduce Legal Fees

2009-03-11T08:34:00.000-07:00

Reprinted with permission from:

The Bassett Firm
Two Turtle Creek Village
3838 Oak Lawn Avenue
Suite 1300
Dallas, Texas 75219
(214) 219-9900 Telephone
(214) 219-9456 Facsimile
Toll Free: 1-800-310-9769
www.thebassettfirm.com

With the United States’ economy having “fallen off the cliff” (according to Warren Buffet), now more than ever companies need to be looking at ways to reduce their costs. With this in mind, The Bassett Firm wanted to give you some tips on how you can reduce the amount of money you pay to lawyers handling your cases.

1. Document, Document, Document
Document everything that you do on a file. That way, if the case goes into litigation, no one is wondering what has been done on the file. This prevents repeating tasks and, more importantly, prevents your attorneys from having to do things that have already been done. And remember this – the less your attorneys do on a file, the cheaper your legal bills are going to be.

2. Make Your Pictures Count
Remember the movie My Cousin Vinny? (If you haven’t seen it, do so. If that movie doesn’t make you laugh out loud, check your pulse.) Well taken pictures can literally be worth thousands of dollars. Don’t be frugal – once an accident scene changes, it is gone forever. Besides, often times you won’t know how significant a picture is until the case progresses. Make sure that the attorney handling the file is given copies of the photographs. If they are not included in claim file materials, guess what? They attorney is going to go out (on your nickel) and take another complete set of photographs. Again, that is money you don’t need to spend.

One final note – if possible, photograph the claimant (not at the scene of the accident or with any obvious injuries). A good photograph of the claimant can help surveillance later down the road. The last thing you want to do is have your lawyer try to conduct surveillance on a Plaintiff who is described as a white male in his mid 40’s with dark hair. That narrows the field down to about 1,784,362 possible people in the DFW Metroplex.

3. Make Your Recorded Statements Count
When you are taking a recorded statement, please get clean, clear answers. “Uh huh” and “Uh-uh” are really pretty useless. The problem is is that it provides huge wiggle room to the witness. Also, please get some form of identifying information that your attorney can use to track down a witness at a later date. Social security number, date of birth, driver’s license number, or next of kin are all great. Providing this information in a recorded statement is going to save a ton of time should your attorney need to run down a witness on the eve of trial.

Have an outline and stick to it. An outline is not a script; rather, it is a “go by” to help you make sure you don’t miss anything when taking a recorded statement. The last thing you want to do is spend weeks or months getting a recorded statement set up, take the statement, and 15 minutes after you have hung up realize you didn’t ask a very key question.

A well taken recorded statement can be very helpful in defending a case. A poorly taken recorded statement means that your attorney is going to have to go out and re-interview that witness (assuming it is not the claimant) and guess what that does to your legal bills – you guessed it, it increases them. There is no need to spend money for a lawyer to go do something that can be done right the first time.

There they are – three simple ways that you can reduce the legal expenses on your files. Document everything that you do so that no one reinvents the wheel. Take good photographs so that your attorney can better evaluate the case and doesn’t have to spend your money to go out and taken another set of photographs. Finally, make your recorded statements count.

Teamsters Anti-Independent Contractor Bill Advances

2009-03-09T16:48:00.000-07:00

Courtesy of the Minnesota Trucking Association Friday, March 6, 2009 Posting:

Despite vigorous opposition from the Minnesota Trucking Association and the courier industry, House File 813 advanced to the floor of the Minnesota House of Representatives. This Teamsters-backed bill, authored by Representative Sheldon Johnson (DFL-St. Paul), dramatically alters the definition of an independent contractor (IC) in the trucking industry. The bill passed out of the House Jobs and Commerce Committee on Tuesday along a strict party line vote. It is clear the Teamsters have made this their top priority for this legislative session and are calling in their chips from legislators they supported during last year’s election.

This bill is bad for trucking in at least three key ways: 1) It eliminatesthe current clear six-factor test for defining ICs in the trucking industry for purposes of unemployment insurance and replaces it with a much broader ABC test. The net effect is that it will be easier for the State to classify an IC as an employee, 2) It creates less uniformity among the definitions used by the various state agencies for determining IC status, and 3) It directs state agencies to conduct targeted audits of trucking companies in an effort to proactively find instances of employee “misclassification.”

The battle is far from over. The MTA has introduced its own IC “reform” bill, Senate File 733, which should be scheduled for a hearing in the Minnesota Senate in the near future. Look for coming action alerts regarding next steps you can take to stop the Teamsters bill and advance the MTA bill.

Unified Carrier Registration Program

2009-02-12T12:32:00.000-08:00

Courtesy MTA
Unified Carrier Registration Program (UCR) Enforcement for 2009 will begin on January 1, 2009. The UCR 2009 renewal notices, instructions, and UCR letters were mailed the week ending October 24h, 2008. A Minnesota Carrier, for 2009 is required to use Minnesota as their base state for the Unified Carrier Program. In filing the 2009 application, the following options are available:
The preferred method and the highly recommended one is online registration in the national UCR online system hosted by the Indiana Department of Revenue. Go to www.ucr.in.gov and follow the step by step instructions. Payments may be made on-line using MasterCard, Visa or e-Check. If you met the requirements to file a UCR application for 2008, and DID NOT pay your fees, you MAY pay them electronically with your 2009 application through the Indiana Site.
The completed 2009 UCR Application can be mailed to the Minnesota Department of Transportation. The check should be made payable to “Minnesota Commissioner of Transportation”. The mailing address is Minnesota Department of Transportation, 395 John Ireland Blvd. MS 420, St. Paul, MN 55155-1899.
MINNESOTA BASED CARRIERS SHOULD NOT MAIL THE UCR APPLICATION AND FEES TO ANY OTHER STATE THAN MINNESOTA. IT WILL NOT BE PROCESSED AND WILL BE RETURNED TO THE CARRIER.
The application and payment may be dropped off at the Transportation Building in St. Paul. A limited number of computers are available in the lobby area of theTransportation Building in St. Paul for use to file electronically and pay on line.
Renewals for the Unified Carrier Registration Program will be mailed in the fall of each year. 2008 UCR registration expires on December 31, 2008. There is NO grace period for UCR registration.
The 2009 UCR application, instructions, and UCR information letter along with a new "Questions & Answers" document are available below in a PDF format to view and print.
2009 UCR Agreement Letter
2009 UCR Instructions
2009 UCR Application
UCR Q & A's

UCR Trailer Exemption Awaits President's SignatureThe U.S. Senate also approved legislation last week that contains a provision to permanently exempt trailers from the Unified Carrier Registration Act (UCRA) fee calculation. The provision was included in the H.R. 2095, The Rail Safety Improvement Act, which passed the House on Sept. 23 and is expected to be signed into law by President Bush shortly. The UCRA was enacted by Congress in 2005 to replace the outdated and inequitable Single State Registration System. However, the statute creating the program contained a citation defining commercial motor vehicles that included both power units and trailing equipment. This required a motor carrier to calculate their fees on the basis of not only power units, but on all trailing equipment in their inventory forcing many carriers to pay a much higher fee. ATA has been working with Congress to correct the problem and permanently exempt trailing equipment from the fee calculation beginning in 2010 as was originally intended.

GPS - To Have, or Not to Have????

2009-01-09T16:55:00.000-08:00

Back in December, the FMCSA issued a rule that requires carriers to retain all records generated from technology such as GPS, People Net, etc., for six months, according the the supporting document record retention requirements 49 CFR Part 395.8(k): "Retention of driver’s record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt."

If you are not currently saving your print outs, we suggest you create a system to make certain that all supporting documents, including GPS or other electronic data be saved, together with six months of driver logs.

It is also our suggestion that you compare all of the supporting documents to each drivers' log to ensure that your drivers are not falsifying their logs!

If you have questions, or need help, give us a call.

TWIC Cards

2008-12-11T15:22:00.000-08:00

We understand that many of you are required to apply for the TWIC cards. This is not an area that we have expertise, here is TSA's "Frequently Asked Questions" site - hope it helps you out: TWIC Frequently Asked Questions

FMCSA Publishes Rule to Link Driver Medical Certification with the CDL

2008-12-05T10:53:00.000-08:00

Courtesy of MTA

On Dec. 1, 2008, the Federal Motor Carrier Administration (FMCSA) published a final rule linking a driver's medical certificate with his CDL. Comments filed by ATA were taken into account in finalizing the rule. Under the rule, interstate CDL holders subject to the federal physical qualification requirements will have to provide a current copy of their medical examiner's certificate to their state driver licensing agency (SDLA). Additionally, the SDLA must record on the CDL Information System (CDLIS) driver record the driver's medical certificate. The DOT, enforcement personnel, motor carriers and drivers will be the only entities given access to the CDLIS motor vehicle record. The rule goes into effect on Jan. 30, 2009. However, States have until Jan. 30, 2012 to fully comply and all CDL holders subject to the physical qualification rules must submit their medical certification information to the SDLAs by Jan. 30, 2014.

To view the final rule in its entirety, click here.

Opinion: Be Ready to Explain Your SAFER Scores

2008-11-19T10:34:00.000-08:00

By John Hausladen
President
Minnesota Trucking Association
This story appears in the Feb. 18 print edition of Transport Topics.

Look closely at the tractors traveling down the road today and see if you can spot the real-time digital readout of the unit’s Safety and Fitness Electronic Record System scores. They’re like the display on your bathroom scale, with numbers that glow bright red and fluctuate with every move you make, easy for the world to read and to judge.
Wait a minute — is this for real?
Not yet, but it might as well be, given that, literally within minutes of a recent high-profile crash in Minneapolis, a general assignment reporter from an ABC-TV affiliate had those numbers in her hand and wanted to talk to the tractor’s owners. Not hours after the crash, mind you, but minutes, and reporters from the other TV, radio and print news media were right behind her.
The rules of the public image game have changed dramatically with the advent of SAFER scores posted on the Internet by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration. Instant access to this very public data is tantamount to installing digital readouts on your truck cab.
That crash in Minneapolis should serve as a wake-up call for truckers in the digital age.
Near the end of the morning rush hour, a tanker truck loaded with diesel fuel rolled over while exiting Minnesota’s busiest interstate in the state’s largest city. As with the Aug. 1 collapse of the Interstate 35W bridge over the Mississippi, this event immediately shut down a major traffic artery.
Meanwhile, 7,000 gallons of diesel fuel followed gravity down into a roadside drain, flowed under the heart of downtown Minneapolis and dumped directly into the Mississippi River.
We can be thankful no one was injured or killed in this incident. However, the operational and public relations damage had just begun. Traffic had to be rerouted, with major congestion ensuing, and businesses along the drainpipe were closed by the fire department as noxious fumes escaped from the drain’s air vents.
As the highly flammable liquid entered the waters just north of the I-35W bridge reconstruction site, work on the bridge was stopped for the better part of a day. That’s a crucial point, because the reconstruction work must take place 24/7 to finish the new bridge by its December 2008 contracted completion date. However, bridge-welding torches and diesel fuel are a potentially deadly mix.
As the road closure extended into the afternoon rush hour, the tanker-truck rollover became the lead story for every media outlet. Because the incident happened in a metropolitan area, the Minnesota Department of Transportation’s traffic cameras caught the crash on tape.
At 6:30 p.m., on the day of the crash, I found myself sitting down for an interview with a reporter from KSTP-TV 5 that I was told would be a background interview about hazmat training for drivers. But to my surprise, the reporter placed before me printouts from the Web with detailed information about the carrier’s FMCSA safety and fitness ratings.
Her first question: “These are pretty bad scores, right?”
Understanding SAFER scores is tough enough for professional safety directors, but try explaining them to a reporter who is working on deadline and has no background in trucking.
You simply cannot win. Talking about algorithms or flawed data won’t cover the simple fact that the SAFER scores are out there for everyone to see.
The lesson from this incident is simple: Be prepared to publicly talk about your company’s SAFER scores. We must stop treating these technical numbers as “insider information” that only those in the trucking industry care about or understand. Every trucking company in the United States — and every association that represents them — must be thoroughly prepared to discuss these scores in simple, clear terms.
Here are four basic steps you can use to prepare yourself before your company faces the media:
• Go to www.SAFERsys.org and download your current scores.
• Study your scores until you truly understand them. The SAFER Web site offers very detailed information explaining how the scores are calculated. Remember, while you may view a “paper” violation as minor, in the untrained eyes of a reporter, they carry equal weight.
• Create a one-page document that explains in very simple terms what goes into the scores, which could include crashes, inspections and Safety Status Measurement System data — better known as SafeStat. Keep the document on file and ready for use at a moment’s notice.
• Call your state or national trucking association when you are preparing for a media interview. While such help is a membership benefit you probably hope you’ll never need to use, it’s there for you and invaluable.
Your company’s SAFER scores may not yet be displayed on your tractor units, but the Internet has put them just a few easy clicks away for a reporter on a deadline looking for a bad guy to blame — and just a few clicks away from a customer deciding whether to do business with you.
Are you prepared to tell your story?

Unified Carrier Registration Program (UCR) Enforcement for 2009 will begin on January 1, 2009

2008-10-31T12:56:00.000-07:00

Courtesy of the MTA
The Unified Carrier Registration Program requires individuals and companies that operate commercial motor vehicles in interstate or international commerce to register their business with a participating state and pay an annual fee based on the size of the fleet.

The UCR 2009 renewal notices, instructions, and UCR letters were mailed the week ending October 24, 2008.

2008 UCR registration expires on December 31, 2008. There is NO grace period for UCR registration.

The 2009 UCR application, instructions, and UCR information letter along with a new "Questions & Answers" document are available below in a PDF format to view and print.

2009 UCR Agreement Letter
2009 UCR Instructions
2009 UCR Application
UCR Q & A's

Alert!! Drivers are getting busted for signing their logs too early!!!

2008-08-22T13:43:00.000-07:00

Lately drivers have received road-side violations in Wisconsin, for signing their log before the day is over. The actual regulation 395.8 (7) states that drivers must sign their logs; certifying that all entries are true and correct; however, it seems Wisconsin Troopers are enforcing an interpretation of Part 395.8, which states that “the driver must sign the record of duty status after all required entries have been made on the log for the 24 hour period.” The interpretation goes on to say; “if the driver is driving at the end of the 24-hour period, he/she must sign during the next stop; and a driver may also sign the log upon going off duty, if he/she expects to remain off duty until the end of the 24-hour period.”

We tried contesting these violations through the DATA-Q system, but we were over ruled because Wisconsin is standing firm on the interpretation.

Our advice is that drivers DO NOT SIGN their logs until the end of the 24 hour period.

If you receive a violation for not signing your log before the end of the 24-hour period – we want to know!!! We’ll do our best to make certain all States are consistent in this interpretation.

Post Accident Federal Drug/Alcohol Testing

2008-08-22T13:10:00.000-07:00

Did You Know?

Nearly every week we get a call asking; “One of our drivers was involved in an accident, do we need to drug test?”
Here’s a quick reference guide found in 382.303 Post-accident testing, that should be very helpful:

Accident type: HUMAN FATALITY
CMV Driver Received A Citation? - YES
Carrier Required to Test? - YES

Accident type: HUMAN FATALITY
CMV Driver Did NOT Receive Citation
Carrier Required to Test? - YES

Accident Type: Bodily injury with immediate medical treatment away from the scene
CMV Driver Received A Citation? - YES
Carrier Required to Test? - YES

Accident Type: Bodily injury with immediate medical treatment away from the scene
CMV Driver Did NOT Receive a Citation
Carrier Required to Test? - NO

Accident Type: Disabling damage to any motor vehicle requiring tow away
CMV Driver Received A Citation? - YES
Carrier Required to Test: - YES

Accident Type: Disabling damage to any motor vehicle requiring tow away
CMV Driver Did NOT Receive a Citation
Carrier Required to Test? - NO

Remember, IF a driver needs testing, you must test for breath alcohol within the first two hours, or document why not and cease to test after eight hours. Controlled substance tests must be accomplished within 32 hours.

Carriers may elect to have a non-federal program in place, under policy, which allows them to test after all accidents on a non-federal chain.

Unified Carrier Registration Enforcement Began July 1 2008

2008-07-07T07:05:00.000-07:00

On July 1st the Minnesota Trucking Assn reported that the Unified Carrier Registration (UCR) enforcement is in full force. Interstate carriers that have not yet paid for either calendar years 2007 or 2008 can expect to be ticketed. For more information visit http://www.mntruck.org/news/UCR.html

Driver Qualification File: A Medical Card is Not Enough!

2008-05-13T13:43:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota 800-656-1396
http://www.midwestcompliance.com/

The headline for this article may not make any sense to you. But you wouldn’t believe how many times someone says to me; “that driver never crosses state lines, so he doesn’t need a medical card…” or “…he’s got a medical card so he can drive now, right?” Wrong!

Let’s eliminate the confusion and review how to qualify a driver of a commercial motor vehicle, (CMV). If you read my article, How Am I Supposed to Know , you already know that the definition of a CMV is any vehicle over 10,000 pounds Gross Vehicle Weight Rating used in commerce. (By the way, if you don’t know what the gross vehicle weight is, you can usually find it stamped on the driver side door post – or listed on the vehicle title or registration card).

The driver qualification (DQ) rules are the same whether or not you are crossing state lines or operating within state lines.

Under the DQ rules a driver must meet the physical qualifications according to the Federal Code of Regulations, part 391.41, which states that the driver needs a DOT physical, and the driver must carry proof of this DOT physical in the form of a medical examiners certificate. Typically these certificates are good for two years – an expired certificate could earn you a fine.

One of the items checked during the medical exam is blood pressure. Last September, the B/P limit was adjusted to 140/90. If the driver’s blood pressure is above this number, their certificate may be good for a shorter time period.

There are several other physical qualifications, (too numerous to mention in this article). If you are concerned that you or one of your drivers may not be medically qualified, you can check Part 391.41 or give me a call and we can tell you what it says.

Remember, just because the medical examiner is DOT qualified doesn’t necessarily mean that they are knowledgeable of the regulations. We frequently see errors on driver physicals. The thing to know is, if a medical examiner makes an error, it is up to the carrier to document notice of the error to the examiner, and attempt to get it corrected. Point in fact, medical examiners are not regulated by the DOT – you are!

Other requirements for driver qualification are;

The driver must be able to speak and read English well enough to do the job;
The driver must have a driver license that is valid for the type of vehicle driven;
They must be able to drive the vehicle safely;
They must know how to properly load and secure cargo;
They must not be disqualified from driving a CMV; and
If they are engaged in intrastate transportation they must be a least 18 years old – or 21 if they are hauling hazardous material in a quantity requiring placards. If they are engaged in interstate transportation they must be 21.

Carriers must also maintain a Driver Qualification File for each driver. The file must be kept current for as long as the driver is employed, and for three years thereafter. The file must contain the following items:

the driver’s application for employment;

a copy of the current medical examiner’s certificate;

and a copy of any medical waiver which may have been granted to a driver;

a certificate of a road test, (a legible copy of a valid commercial driver’s license is an acceptable substitute providing the license is issued for the class of vehicle the driver will operate);

a written record of three years of past employers contacted to verify the driver’s previous employment;

a state motor vehicle report about the drivers driving record from the past three years for every state a drivers license was held;

a motor vehicle report generated at each annual review of the driver’s driving record showing the date of the review and who performed the review;

a list of any violations of motor vehicle laws from the driver each year.

There are some limited exemptions on some of the documents required to be on file, and you can read about them in Subpart G of Part 391. But my best advice is to have a driver qualification file on every driver – then you can sleep better at night!

Next month I’ll clear up the confusion surrounding the Drug and Alcohol testing rules. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Is Your Pickup Truck A Commercial Motor Vehicle?

2007-06-26T13:10:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

In order to understand how and when some of your company’s smaller vehicles suddenly become commercial motor vehicles, which would place them and the drivers under DOT regulations, consider the following:

Commerce involves anything that is the furtherance of business, such as hauling supplies and tools to and from a worksite, dropping off workers, or just visiting a worksite during the course of business. Even if you are not hauling freight for someone else, you can still be considered a private motor carrier.

The weight of the pickup truck, the load, and trailer are included in the 10,001 pounds or greater threshold of the general commercial motor vehicle definition found in FMCSR, Part 390.5 (a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) is 10,001 pounds or greater).

Also, any size vehicle (no matter how small) hauling hazardous materials in quantities requiring placards is defined as a commercial motor vehicle. An intrastate operation may be subject to a different CMV definition and safety regulations, depending upon the state. In Minnesota the rule is stated; “over 10,000 pounds.”

Even if the trailer is only a small utility trailer, if it places you at the 10,001 pounds or greater combination weight rating you are now operating a CMV. If the vehicle only meets the definition when pulling a trailer, you would only be concerned about observance of the safety regulations on those days it meets the definition.

When you find your pickup meets this CMV definition, whoever drives this vehicle must be completely qualified under Part 391, including a copy of the medical certificate on the person of the driver when operating the truck.

The driver must comply with hours-of-service regulations Even if he/she is within the 100-air mile radius and utilizes the 100-air mile radius exception, you will need to make sure that the driver does not exceed the 12 consecutive hours on duty, does not drive more than 11 of those 12 hours, and has at least 10 hours off between tours of duty. In addition, you will need to make sure that the driver, even if he/she does not operate the vehicle every day, is able to drive based on the 60- or 70-hour rule. (Either 7 days prior logs, plus the current day; or a Statement of On-Duty Hours.) If the driver cannot meet the conditions set forth in Part 395.1(e), the driver would have to complete a driver’s log for the day the vehicle is used as a CMV.

The pickup truck is also subject to vehicle inspection and maintenance. On those days that the vehicle meets the definition of a CMV, the driver must conduct a pre-trip inspection per Parts 396.13 and 392.7 and be satisfied that the truck is in safe operating condition. The driver must also document a post-trip inspection in accordance with Part 396.11. The next time the pickup truck is used this report must be maintained and reviewed prior to operation, even if days, weeks or a month elapses before the pickup truck is used as a CMV.

The pickups may have to stop at roadside inspection stations, and they must have annual inspections and display the required USDOT markings on those days they are defined as CMVs.

*Note: An intrastate operation may differ. Example: Minnesota intrastate regulations require that all CMVs have a USDOT number, but they need not display that number on the vehicle. We recommend that the USDOT number is carried inside the vehicle so that it may be made available to any enforcement personnel. Also, In Minnesota if a CMV has a GVWR of less than 26,000 pounds, an annual DOT vehicle inspection is not required.

A final note: any size vehicle hauling hazmat in quantities requiring placards would fall under CDL licensing requirements and DOT drug and alcohol testing, regardless of the vehicles GWR or GCWR. This would be true of both interstate and intrastate operations.

See you next month, until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Cargo Securement: How to Inspect, Tie Down, and Properly Secure Cargo

2005-05-16T13:35:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

About a month ago I had the opportunity to visit with a Minnesota State Trooper, who shared the following story. At the end of his shift he came up on a flatbed trailer with it’s load tilting severely to the right. He pulled the driver over to get the load corrected. As it would happen, the driver was a few feet from the driveway of his destination, and pleaded with the Trooper to be allowed to make the right turn into the driveway. The Trooper was tired, and just wanted his shift to end, and in a moment of weakness he let the driver go. You guessed it, as the vehicle started it’s turn, the entire trailer tipped over, cargo scattered everywhere!

Don’t let this happen to you! Properly securing the cargo you are transporting can help you avoid many headaches, from a fine to the loss of cargo, or worse yet, causing an accident!

Securement requirements do not apply to certain commodities transported in bulk that lack structure or a fixed shape. Examples of exempt commodities include liquids, grain, sand, gravel, and aggregates when they are transported in a tank, hopper, box, or similar device that forms part of the structure of a commercial motor vehicle (CMV).

According to DOT regulations, a driver is not permitted to operate a CMV unless the cargo being transported is properly distributed, adequately secured, and the vehicle’s tailgate, tailboard, doors, tarp, spare tire, and other equipment used in its operation, and in the securement of the cargo are secured. The driver must also ensure that neither the cargo, nor any other object, obscures their view ahead or to the right and left side, and that the cargo does not interfere with the free movement of the driver’s arms, legs, or prevent ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the vehicle from either the vehicle’s cab or the driver’s compartment.

A driver also has the responsibility of inspecting the cargo and the securement devices within the first 50 miles of the trip, or as soon as practicable. When you conduct the 50 Mile inspection, you are expected to add more securement devices when necessary, and ensure that the cargo cannot shift or fall from the vehicle. Following the 50-mile inspection, drivers must also perform a reexamination of the cargo and securement devices whenever the driver makes a change of duty status or after the vehicle has been driven for three hours or 150 miles, whichever comes first.

Keeping public safety in mind, drivers and motor carriers must ensure that their cargo remains on or within their vehicle under all conditions, which can be reasonably expected to occur. These conditions include inclement weather or possible detours onto secondary or unfamiliar roads.

The two key components required when securing any type of cargo for transport by a CMV, on a public road are:

To prevent against the loss of the load. Vehicles must be loaded and secured in a manner compliant with the FMCSA regulations to prevent the cargo from leaking, spilling, blowing, or falling from the vehicle and;
To prevent against the shifting of the load. Cargo must be contained, immobilized or secured in a manner compliant with the FMCSA regulations to prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected.

The devices you use to secure cargo must meet minimum performance standards established by the FMCSA, which require securement devices and systems to be capable of withstanding the following three forces:

0.8 g deceleration in the forward direction;
0.5 g acceleration in the rearward direction;
0.5 g acceleration in the lateral direction.

These forces represent the forces that cargo is subject to when the commercial motor vehicle transporting it is braking in forward or reverse, accelerating and turning.

Securement devices for cargo that is not fully contained within the structure of a vehicle must meet stricter performance criteria. They must provide a downward force equivalent to at least 20 percent of the weight of the article of cargo.

When securing heavy vehicles, equipment and machinery like bobcats, bulldozers, or tractors the following rules apply:

Prepare the equipment by lowering accessory equipment, such as hydraulic shovels, etc.

Restrain articulated vehicles in a manner that prevents articulation while in transit
Equipment with crawler tracks or wheels must be restrained against movement in the lateral, forward, rearward, and vertical direction using a minimum of four tie downs if the equipment weighs 10,000 pounds or more.
Each of the tie downs must be affixed as close as practicable to the front and rear of the vehicle, or mounting points on the vehicle that have been specifically designed for that purpose.

Next month we’ll talk about standards and performance for securement devices, vehicle structure standards, and how to determine number of tie downs needed. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Cargo Securement: Performance Standards for Securement Devices and Structural Standards for Vehicles

2005-05-16T10:41:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

To be compliant with DOT regulations, drivers and motor carriers must ensure that their vehicles and securement devices meet the required performance standards. All vehicle structures, systems, parts, and components used to secure cargo must be in proper working order. The use of damaged, weakened, cut or cracked components – or any condition that would adversely impact the performance of the securement components is prohibited.

Vehicle structures must also meet required performance criteria, (see §393.104 FMCSR). Make sure the vehicle floors, walls, decks, tiedown anchor points, header boards, bulkheads, stakes, posts and mounting pockets, and the vehicle structure itself are strong enough to support your cargo.

Tiedowns may not contain knots. If a tiedown is repaired, it must be done according to the manufacturer’s instructions. Each tiedown must be attached and secured in a manner that prevents it from becoming loose, or from unfastening, opening or releasing while the vehicle is in transit. All tiedowns and other components of a cargo securement system used to secure loads on a trailer equipped with rub rails, must be located inside of the rub rails, whenever practicable. Edge protection must be used whenever a tiedown could be subject to abrasion or cutting at the point where it touches the cargo. The edge protection itself must resist abrasion, cutting and crushing.

Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tiedowns or a combination of these. Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle or other equivalent means. Make certain chocks or wedges, etc., cannot become unfastened or loose while the vehicle is moving.

The Working Load Limit (WLL) is the maximum load that may be applied to a component of a cargo securement system during normal use. For instance, the WLL of a tiedown is the lowest WLL of any of its components (including tensioner), or the WLL of the anchor points to which it is attached, whichever is less; and the WLL of tiedowns may be determined by using either the tiedown manufacturer’s markings or the standard specifications the manufacturer is required to comply with for testing.

The manufacturing standards that all tiedown assemblies must meet are available from the manufacturer, or information and copies may be obtained by writing to: Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois 60062.

For steel strapping contact the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, and ask for the ASTM D3953-97 specs. If steel strapping is not marked by the manufacturer with a WLL, it will be considered to have a WLL equal to one-fourth of the breaking strength listed in ASTM D3953-97. One inch or wider steel strapping must have at least two pairs of crimps in each seal and, when an end-over-end joint is formed, must be sealed with at least two seals.

For chains, information may be obtained from the National Association of Chain Manufacturers, P.O. Box 22681, Lehigh Valley, Pennsylvania 18002. Welded steel chain, which is not marked shall be considered to have a WLL equal to that for grade 30 proof coil chain.

Information on Synthetic Webbing is available from the Web Sling and Tiedown Association, Inc., 5024-R Campbell Boulevard, Baltimore, Maryland 21236.

Wire rope, which is not marked by the manufacturer with a WLL shall be considered to have a WLL equal to one-fourth of the minimum strength listed in the manual. Wire Rope information can be obtained from the Wire Rope Technical Committee, P.O. Box 849, Stevensville, Maryland 21666.

Manilla, polypropylene fiber, polyester fiber or, nylon rope information is available from the Cordage Institute, 350 Lincoln Street, 115, Hingham, Massachusetts 02043. Synthetic cordage, which is not marked or labeled to enable identification of its composition or WLL shall be considered to have a WLL equal to that for polypropylene fiber rope.

How many tiedowns should you use? The Feds have determined that the majority of cargo-securement related accidents involve either an inadequate number of tiedowns or the improper placement of tiedowns. The minimum number of tiedowns required to secure an article or group of articles against movement depends on the length and weight of the article(s). When cargo is not blocked or positioned to prevent forward direction movement by a header board, bulkhead, or other blocking devices, (including other cargo), it must be secured by tiedowns as follows:
One tiedown for articles five feet or less in length, and 1,100 pounds or less in weight;

Two tiedowns for articles five feet or less in length and more than 1,100 pounds; or longer than five feet, but less than or equal to ten feet in length regardless of the weight.

Two tiedowns are also required if the article is longer than ten feet. Plus, there must be one additional tiedown for every ten feet of article length, or fraction thereof, beyond the first ten feet of length.

Exceptions to the above guideline: The above tiedown requirements do not apply to vehicles transporting one or more articles of cargo such as, but not limited to, machinery or fabricated structural items such as steel or concrete beams, cranes, booms, girders, and trusses, which because of their design, size, shape, or weight, must be fastened by special methods.

If you have additional questions regarding the performance criteria for cargo securement devices and systems, refer to FMCSR §393.102, under the rules and regulations tab on the Federal Motor Carrier Safety Administration’s website http://www.fmcsa.dot.gov/. The WLL tables can be found in §393.108 at the same web address. Specific securement requirements by commodity type are located in §393.116 – 136.

Next month we should have details regarding Minnesota’s new guidelines for commercial drivers license disqualifications. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Compliance Management: Do You Need to Keep a Drivers Log?

2005-02-02T13:29:00.000-08:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

Question #1 - Are you operating a commercial motor vehicle with a gross vehicle weight or gross vehicle weight rating of 10,000 pounds or more?

Question #2 - Are you driving outside of a 100 air-mile radius of your business location?

If you can answer yes to the above questions, then you probably need to keep a record of your on duty time.

Notice that I didn’t ask whether or not you are crossing state lines. For some reason most people think that crossing a state line is the only time a driver needs to log. Not so!

To help you understand the regulations, here are the definitions for some of the terms used:

“On Duty” is all time a driver spends performing work or being ready to work, until being relieved by the carrier of all responsibility. On duty time includes any compensated work performed by the driver for a non-motor carrier; (example if you have a part time job, and also drive a commercial motor vehicle for a carrier part time).
“Driving” time is all time spent at the controls of a commercial vehicle in operation.
“Off Duty” means the driver has been relieved of all responsibilities for the vehicle and its cargo.

The hours of service regulations for property carriers, that are currently in effect, are as follows:
You may not drive after:

11 cumulative driving hours following 10 consecutive hours off duty.
For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty.
Being on duty 60 hours in any seven consecutive days if you do not operate every day of the week, or
Being on duty 70 hours in any eight consecutive days if you operate every day of the week.

Drivers who are subject to the hours of service regulations must record their daily activities on a record of duty status or log book. The logs must be kept for six months. Receipts for fuel, scale tickets, etc. must also be retained for six months. Hint, it is expected that if your receipt shows that you fueled your CMV in Fargo on January 3rd at 2pm, your log should show that you are “On Duty Not Driving” in Fargo on January 3rd at 2pm!

If you stay within a 100-air-mile radius of your normal work reporting location you do not have to complete a log, providing you return to your normal work reporting location and are released from work within 12 consecutive hours; and you have at least 10 consecutive hours off duty separating each 12 hour day.
Even though you qualify for the 100 Air-mile radius exemption; you must not exceed 11 hours of driving time during your 12 hour day.

There are some exemptions to the hours of service regulations. For instance, farmers hauling agricultural products, farm machinery or supplies to or from their farm; or private carriers engaged in construction, remodeling, or repair of buildings, if hauling their construction material and/or tools are just a couple exceptions to the rule.

You can find more detailed information on the hours of service regulations in 49 part 395 Federal Motor Carrier Safety Regulations; http://www.fmcsa.dot.gov/rulesregs/fmcsr/fmcsrguide.htm, or give us a call, 800-656-1396, we’d be happy to help you!

See you next month. Until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Trucking Industry Risks: How Driver Qualification Files Serve Carriers

2005-01-05T12:53:00.000-08:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota800-656-1396
http://www.midwestcompliance.com/

Up-to-date driver qualification files may help lower the risks of driver accidents. Previously we touched briefly on what a carrier must have in a Driver Qualification File. To review, the file must contain the following items:

the driver’s application for employment;
a copy of the current medical examiner’s certificate;
and a copy of any medical waiver which may have been granted to a driver;
certificate of a road test, (a legible copy of a valid commercial driver’s license is an acceptable substitute providing the license is issued for the class of vehicle the driver will operate);
a written record of three years of past employers contacted to verify the driver’s previous employment;
a state motor vehicle report about the driver’s driving record from the past three years for every state a drivers license was held;
a list of any violations of motor vehicle laws from the driver each year;
motor vehicle report generated at each annual review of the driver’s driving record showing the date of the review and who performed the review.

Some of the records may be removed after three years from the date the item was generated, for example:

The motor vehicle reports
The records relating to the annual review of the driver’s driving record
List of violations of motor vehicle laws and ordinances
The medical examiner’s certificate
Letters issued granting waivers of physical disqualifications

As you know, some of the documents required to be in the DQ files have expiration dates; i.e. medical certificates and commercial driver’s licenses. It is a good idea to track these dates and warn your drivers that the documents are about to expire. When a document is renewed, place a copy in their file.

You are also required to generate a motor vehicle report every 12 months on each driver and compare the MVR to a list of violations of motor vehicle traffic laws which you are required to request from your drivers each year.

When you compare these documents, look for discrepancies or items that may have been omitted. Remember to consider information about the driver’s experience that may not be listed on the MVR. Take into consideration any violation of the Federal Motor Carrier Safety Regulations, or Hazardous Materials Regulations, and consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles. Give weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, which strongly indicate that the driver has exhibited a disregard for the safety of the public.

According to 383.33, a driver whose license is suspended, revoked, or canceled, who loses the right or privilege to operate a CMV for any period, or who is disqualified from operating a CMV for any period, must notify their current employer before the end of the business day following the day the driver received notification. Unfortunately we do not live in a perfect world, and we’ve all heard the horror stories about the driver who “forgot” to notify their employing carrier!

So, to avoid horror stories, consider checking the driver’s records and running the MVR’s more frequently. Bottom line, in the event of a crash, is still the carrier’s pocket book!

Next month we'll discuss hours of service, until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Compliance Management and Training: Drug Testing – Save Your Money! Part IV "Positive Dilute vs. Negative Dilute"

2004-12-05T12:33:00.000-08:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

If the MRO informs you that a drug test is a positive dilute, you simply treat the test as a verified positive, and follow the procedures we outlined in last month’s article.

However, if you receive a “dilute negative” test result, be aware that how you treat this test will establish a precedent on how you handle dilute negative results for this type of test in the future.

Last month, our friend Joe Schmo received a positive test result. Once he completes the treatment prescribed by the substance abuse professional, and before he can drive, you must require a “return-to-duty” drug test. Let’s say the result of this test is reported to you as a dilute negative.

Typically, your company drug and alcohol policy will spell out how to handle a dilute negative result for the different types of tests. If this not the situation, you may establish different policies for different types of tests, but you must inform your employees as to your decisions on these matters.

As Joe’s employer, you have a choice to either accept the dilute negative return to duty result as a clean negative and put Joe behind the wheel; or require Joe to retest. What you decide will establish the policy for all future “dilute-negative return-to-duty” test results.

If you require Joe to retest you must make sure that he is given the minimum possible advance notice that he must go to the collection site for the retest. If the result of the retest is also negative and dilute, you may not require Joe to retest again, because the result was dilute. And because your policy is to not put anyone back into a safety-sensitive position without achieving a clean negative return to duty test. Joe is not eligible for reinstatement in this scenario.

Common sense should prevail when establishing the negative dilute protocol. For example, it might be suitable for your operation to accept a dilute negative result as a clean negative for random tests. But, you might want to require a retest of dilute negative results on tests where you have higher liability exposure as an employer; such as reasonable suspicion, post accident, return-to-duty, and follow-up tests. Not withstanding, simple economics would prevail when establishing a policy for how to handle a pre-employment test result. Why would anyone hire a potential problem?

Remember that it is acceptable, but not required, to call for clean negative results for all drug tests.

See you next month, until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Compliance Management and Training: Drug Testing – Save Your Money! Part III “How to handle a positive drug or alcohol test”

2004-11-04T07:10:00.000-08:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

Let’s say our friend, Joe Schmo, has just tested positive for marijuana. In this scenario, the Medical Review Officer, (MRO), has already contacted Joe and verified that there was no legitimate reason for Joe to have marijuana in his system. A legitimate reason would be a verifiable, written prescription from an accredited medical physician; not “oh, I was ice fishing with my buddies last week, and I must have inhaled third party smoke.”

The MRO will notify Joe of his right to request testing the split specimen of the original urine sample. Joe has 72 hours, from the time of notification, to request the second test. His request, to the MRO, may be verbal or in writing. Upon receiving Joe’s request, the MRO must provide written notice to the laboratory that tested the primary specimen, directing them to forward the split specimen to another certified laboratory. The alternate lab and MRO will bill you, the carrier, for this procedure. However, if you have previously established, in your drug and alcohol policy, that retesting costs are the responsibility of the employee, then you may request that Joe reimburse you for all of the testing costs of the split specimen.

After the MRO confirms the positive result with Joe, you will be contacted with the results, either by the MRO or your C/TPA (if you have elected to receive results through a Consortium/Third Party Administrator). The preferred method of reporting is direct telephone contact, followed up with the appropriate documentation.

Because Joe is feeling pretty bad about this, he may have notified you that he tested positive before the MRO or C/TPA calls you. As soon as you are made aware of this positive result, it is your responsibility to immediately remove Joe from all safety-sensitive functions, (see the Drug Testing -- Save Your Money article for the definition of a safety sensitive function). Your next step is to provide Joe with a list of available Substance Abuse Professionals, (SAP) and counseling and treatment programs. If your C/TPA is on the ball, they will have this information for you.

If Joe has requested that the split specimen be retested by a different lab, Joe must be suspended until the lab reports that it has failed to reconfirm the specimen as positive. When or if the lab fails to reconfirm a positive, both tests will be canceled, and Joe may resume his safety-sensitive work.

If your company drug and alcohol policy is “zero tolerance,” once you give Joe the SAP information and discharge him, you release yourself from any further obligation to ensure that Joe receives the SAP evaluation. In the event that Joe applies for another job, it is the prospective carrier’s obligation to question you regarding whether or not Joe has ever violated the controlled substance regulations. Upon receipt of a release signed by Joe, it is your duty to indicate the results of the positive test.

If your company’s drug and alcohol policy is not zero tolerance, Joe must be temporarily suspended from all safety-sensitive functions. The SAP will forward the evaluation, referral to a treatment professional, and the follow-up evaluation to you. Once Joe has demonstrated successful compliance with the treatment recommendation, before you can return him to a safety-sensitive function, he must test negative on a return-to-duty test.

Depending upon how your drug and alcohol policy reads, a negative return-to-duty test result does not guarantee that Joe will be returned to a safety-sensitive position. The prescribed treatment program, and negative test result are only preconditions he must meet in order to be considered for reinstatement to safety-sensitive duties.

Follow-up testing commences once Joe has returned to safety-sensitive duties. The SAP will recommend the number of follow-up tests required over a designated time period. The regulations require that a minimum of six follow-up tests be conducted during the first twelve months. The intent of this requirement is that the testing be spread throughout the 12 month period. If the SAP believes that Joe needs to be tested more frequently during the first months after returning to duty, he/she may recommend more than the minimum of six tests, or direct you to conduct more of the six tests during the first months rather than the latter months of the 12 month period. Remember, that six tests in 12 months is just a base line, the SAP is allowed to prescribe follow-up testing for up to 60 months!

Even though Joe is now subject to follow-up testing, he will also continue to be subject to random testing. Joe’s follow-up testing program must be individualized and designed to ensure that he is tested the appropriate number of times, as directed by the SAP. Follow-up testing should be unpredictable and unannounced.

When adopting a drug and alcohol testing policy remember that most qualified C/TPA’s have boilerplate language available to you. If you adopt a pre-written policy, make certain it is in compliance with all current regulations.

Considering the costs of the SAP evaluations, the treatment and/or education programs, the return-to-duty test, and subsequent follow-up tests, you might want to state in your policy that these costs will be at the expense of the employee found to be in violation of the policy. At Midwest Compliance, we have boilerplates available, if you sign up for our services. We also keep our clients apprised of regulations changes through policy revisions.

If you are considering adopting a zero tolerance policy, weigh the dynamics of your operation against the mandates of a zero tolerance policy. Under this type of policy, if Joe is your brother, a violation of the policy will require that you terminate his safety-sensitive employment. This may create a negative economic impact on your operation, if you are a small carrier. Keep in mind that people make mistakes, and in my experience, people who are given the opportunity to correct their mistake and rehabilitate, may turn out to be very reliable, dedicated employees.

To recap, here are the money saving tips from this article and Parts II and III:

Conduct a thorough background investigation before you offer the job and before you pre-employment drug test the prospective driver.
Learn the pre-employment drug test exemption regulations.
Take care to have the correct random test performed, i.e. drug vs. alcohol.
Make certain drivers understand what constitutes a “refusal to test,” and what the consequences for a refusal are.
Monitor the collection sites to avoid double billing in case of a cancelled test.
Align yourself with a C/TPA who will bill the collection site, instead of you, for the labs costs on a cancelled test.
Establish retesting costs and the costs of positive test procedures as the burden of the offending employee.
Look at the long-term and economic impact of zero-tolerance policies.

Next month we will discuss adulterated, substituted, and diluted drug tests.

Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Compliance Management and Training: Drug Testing – Save Your Money! Part II "What Happens At Collection Sites"

2004-10-05T06:56:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

Let’s assume, after reading last month’s article, that you took the necessary steps to enroll your driver(s) in a random drug and alcohol testing program. Then, one day, you receive notice that our friend, “Joe Schmo” has been selected for a random drug and alcohol test.

Because Joe was selected for both tests, the alcohol test requires that you notify him while he is either performing a safety-sensitive job function, is just about to perform, or has just finished performing this function, (see the Drug Testing -- Save Your Money article for the definition of a safety sensitive job.) If he had been selected for just a drug test you could notify him at any time, even if he is off duty, as long as the test is accomplished before the next random selection.

Once Joe has been notified, as his employer you must ensure that he proceeds directly to the test site, he cannot pass “GO,” and he may not collect $200.00, (sorry). It is a good idea to work with your collection sites, to ensure that there are no large gaps of time, from driver notification to the actual collection time. You might also choose to familiarize yourself with the amount of time it takes to travel to the site, and ask the collector to notify you if the driver has not arrived in a “reasonable” amount of time.

Make certain that Joe knows whether he will be tested for drugs, alcohol, or both. Most service agents of large consortiums will provide a written notice to send with the driver. The correct test is imperative because it impacts the required testing percentages of the pool. If the driver takes the wrong test, he/she will be required to take the correct test selected. Knowing which test is required will save you time and money.

Okay, Joe arrived at the collection site on time. Because he was selected for both drug and alcohol testing, it is recommended, in the regulations, that the alcohol test be conducted first.

The Breath Alcohol Technician, (BAT) selects, or allows Joe to select a sealed mouthpiece, and inserts the mouthpiece into the testing device. Then the BAT instructs Joe to blow steadily and forcefully into the mouthpiece for at least six seconds. The BAT will show Joe the test results displayed on the testing device. The results will be recorded, and typically the testing device will print out the results. Joe will receive the printout and must give it to you, once he has returned from testing.

Because Joe was also selected for a controlled substance test, he will be required to provide a urine specimen. The person attending Joe is called the collector. The collector’s job is to ensure that Joe removes any outer clothing; jacket, coat, hat, etc. that could be used to conceal items or substances that could be used to tamper with a specimen. He will also be asked to empty his pockets so the collector can inspect the items to ensure that nothing could be used to adulterate the specimen. Once the pocket items have been checked, they can go back into Joe’s pocket. He will also be required to check any personal belongings, like a briefcase, lunch box, or purse – huh? Tell Joe not to take this as a personal attack on his character, this is just the regulated procedure. If Joe refuses these requests, the collector will notify him that his refusal will constitute a refusal to test. All refusals to test are treated as positives, (more on positives next month).

Next, the collector will instruct Joe to wash and dry his hands. Joe will either break the seal on the collection container, or watch the collector do this. He will be sent into the room used for urination and must provide at least 45mL of urine; he must not flush the toilet. During this process, the collector will be noting the amount of time it takes Joe.

The collector checks the container to ensure it has at least 45mL of urine, that the temperature is with a normal range, that the color and odor are consistent with urine, and that there is no presence of foreign objects or any tampering. The collector must prepare the specimen for testing in Joe’s presence. The preparation includes completing the Custody Control Form (CCF), pouring the urine from the collection container into the split specimen containers, and sealing the shipping envelope.

Occasionally, collectors make errors in the preparation process. If this occurs, the Lab will attempt to get the error corrected. If a correction is not possible, the Lab will cancel the test. If this happens, Joe will have to go through the collection process again, (with a different collector). In this situation, make sure that the clinic does not charge you for the collection process they screwed up!

Barring any delays, due to errors or further testing, the Lab sends their findings to the Medical Review Officer, (MRO) who in turn reports the results to you, the Designated Employee Representative, (DER) – or if you use a service agent, they receive the results from the MRO and report them to you.

In Joe’s case, let’s assume his results were negative. Next month we’ll discuss what happens when the test results are positive. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Compliance Management and Training: Drug Testing – Save Your Money!

2004-09-01T13:53:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota 800-656-1396
http://www.midwestcompliance.com/

Now that I have your attention, let’s talk about the required testing rules as well as the “common sense” approach to drug and alcohol testing.

All persons who operate a commercial motor vehicle (CMV) or combination of motor vehicles with a gross combination weight rating of 26,001 pounds or more, used in intra- or interstate commerce to transport passengers or property, are subject to Part 382 of the Federal Motor Carrier Safety Regulations. This includes owner/operators who own the truck and are the only driver.

Part 382 covers controlled substances and alcohol use and testing. The required controlled substance tests are: pre-employment, post accident, random, reasonable suspicion, return-to-duty and follow-up testing. The required alcohol tests include all of the above except pre-employment testing.

In this article we’re focusing on pre-employment testing and setting up a random drug testing program. We’ll look at the rest next month.

Before you can use a driver in a safety-sensitive function, you must receive a verified negative, pre-employment drug test. A “safety- sensitive function” isn’t just driving time. According to the feds, a safety-sensitive function means all time from the time a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work, and all responsibility for performing work. “All time” includes time spent waiting to be dispatched, inspecting, servicing, or conditioning any CMV; driving time, or any time in or upon any CMV – except time spent resting in a sleeper berth; all time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, or attending a vehicle being loaded or unloaded; remaining in readiness to operate the vehicle or giving or receiving receipts for shipments loaded or unloaded; and all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

So, yes, you must pre-employment test a driver before you can use the driver in this capacity; however, have you ever thought about the economics of pre-employment testing?

Let’s say you are having a conversation with “Joe Schmo,” who wants to drive for you. Some of you may be inclined to tell him, “Go take a drug test, if you pass it you can drive…” and never take the time to investigate this driver until after you’ve hired him. We all know too well some of the nightmares we’ve hired in the past. Not to mention if “Joe” doesn’t work out, you still have to pay for the drug test!

With the new background check rules effective October 29, you must ask “Joe” to complete an application, and sign the releases which allow you to conduct a thorough background investigation. This way, you’ll have information on his driving record, what his previous employers thought of him, whether or not he’s ever tested positive for controlled substances, and how many accidents he’s had. Once you gather the data, if you like what you see you can offer “Joe” a job, contingent upon passing a pre-employment drug test, thus spending your drug testing dollars more wisely. Because you’ve checked “Joe” out, he’s likely to be someone who will stay with you longer, and cause fewer problems” down the road.”

In some instances the actual pre-employment drug test may not be necessary. If “Joe” tells you that he has participated in a controlled substances testing program within the previous 30 days; and he either tested negative within the past six months, (from the day he is applying with you), or he has been in the random testing program for the previous 12 months, and you can verify that none of his prior employers have knowledge or records that “Joe” has every violated the regulations, you may skip the actual drug test.

In order to use this option and skip the test, you must contact the testing program and obtain the following information in writing:

Name and address of the program.

Written verification that “Joe” participates or participated in the program.

Written verification that the program conforms to Part 40.

Written verification that “Joe” is qualified under the regulation, and has not refused to be tested.

The date “Joe” was last tested, and

The results of any tests taken within the prior six months.

This information must be available if you undergo a compliance review.

Now that you have hired “Joe,” you must enroll him in a random drug and alcohol testing program. There are a couple of ways to do this. You can contact a Consortium/Third Party Administrator, (C/TPA) – like us! Or if you have enough drivers to make it worth your while, you can purchase a program that has the capability of randomly selecting the correct percentages for drug and alcohol tests on a yearly basis. Remember these programs must have the capability to select drivers in a scientifically, valid method, which prohibits any tampering or altering. Usually, with smaller groups, it is easier to hire an outside source, and place your drivers into a larger random testing pool of drivers covered under this regulation.

Beware, when outsourcing your drug testing program, it is YOUR responsibility to make certain that your C/TPA is testing at the appropriate percentage, (i.e. 50% Drugs, 10% Alcohol). There are several rules you should follow:

All random tests must be unannounced. In other words, once you tell “Joe” that he has been selected for either a random drug or alcohol test, he must go to the test site immediately.

If the random test is for alcohol, you are somewhat restricted as to when you can notify “Joe.” He must either be performing, just finished performing, or just about to perform one of those “safety-sensitive” functions we talked about earlier.

Even though, as a part of a larger pool, you more than likely do not have control over how often, or when the random selections are made, please remember, as an employer YOU are still responsible for insuring that your C/TPA spreads their selections reasonably throughout the calendar year.

In my opinion, if a C/TPA’s is worth while, they will know the regulations, ensure that they remain in compliance, and provide you with a written Drug and Alcohol Policy, which you also need.

The policy should meet all of the requirements found in the Federal Motor Carrier Safety Regulations. In addition to having a company drug and alcohol policy, remember before you send “Joe” in for that pre-employment drug test, that he should read your policy and sign an acknowledgement form, which states that he was made aware of your policy. When you hire “Joe”, the acknowledgement form may be placed in his driver qualification file.

Next month we’ll cover more on the random testing process, including retention of results, what to do about diluted, positive, altered tests, refusal to test, fatal flaws, etc. We will also try to cover the rest of the drug and alcohol testing requirements. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Minnesota DOT Laws: How Am I Supposed to Know?

2004-07-02T13:25:00.000-07:00

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota 800-656-1396
http://www.midwestcompliance.com/

If I had a nickel for every time someone asked me; “how are we supposed to know about these regulations…,” I’d have a nice slush fund.

Now that all Minnesota based carriers are required to have a US DOT number, MNDOT and the Patrol have a way to contact carriers with regulatory changes and updates. But the process of getting a US DOT number and the rules associated with its use have only confused matters more. Here’s some information on what has happened and what you need to do.

If you are a Minnesota based carrier, you were probably asked for your DOT number when you applied for your 2003 /2004 vehicle licenses. Some of you may have received a vehicle registration card with a US DOT number listed on it. Unfortunately, there was some what of a mix-up at the Driver and Vehicle Services (DVS), and not all of those numbers were correct. Chances are, if you have never applied for a USDOT number, you probably do not have one, regardless of what might be indicated on your vehicle registration card.

If you are not sure whether or not you have a USDOT number, you can call us and we can check it for you, no charge. Or, you are welcome to use this web site. Just click on the Links tab and scroll down to “Safer Systems” and click on their address. On the left side of your screen you will see a drop down box. Select either USDOT number, or NAME and enter your legal name or number, listed on the registration card, into the query parameter box. It just takes a second for the information to pop up. If the number shows a company you’ve never heard of – then you know that the number on your registration card was assigned incorrectly.

To obtain a USDOT number, you need to complete an MCS-150 form. You can also complete this form through our Links page, just look for the MCS-150 link. Once you submit this form, you will be assigned a USDOT number.

Why do you have to do this? Well, Minnesota passed a state law (168.185) in 2002 requiring owners of trucks or truck-tractors with a gross vehicle weight of more than 10,000 pounds to have a USDOT number in order to license their vehicles. (By the way, if you don’t know what the gross vehicle weight is, you can usually find it stamped on the driver side door post – or listed on the vehicle title or registration card).

If you are only operating intrastate, Minnesota requires you to have a USDOT number. If you are crossing state lines, (interstate), then you fall under the Federal Regulations – and yes, you need to have a number and you also need to display the number.

Even though the intrastate carriers do not need to display the number on the outside of the vehicle, they must be able to show the number to authorized agents of the registrar, peace officers, or employees of the State Patrol, or MN DOT, if they ask. I recommend that you write the number on the back of your vehicle registration card – which by the way, you are required to have in your commercial motor vehicle.

Now let’s talk about vehicle Marking Requirements. Whether you are a for-hire or private intrastate carrier, you must mark your DOT registered carrier name, (the name you used when you applied for the USDOT number), city and state on the power unit of each vehicle. If the name of a person other than the registered carrier appears on the vehicle, the words “operated by” must precede the name of the registered carrier, (exp. James Smith operated by Jones Construction). This information must be displayed in letters that contrast sharply with the vehicle’s background color and must be readily legible from 50 feet during daylight hours, while the vehicle is standing still. Just for fun, we measured the 50 foot distance and one of my employees held up 2 inch numbers, which were very easy to read, even with my old eyes.

If you are considered interstate, you must put the USDOT number on the power unit, in addition to the required information in the previous paragraph, see part 390 of the FMCSA regulations, (also accessible through our links page).

About the same time Minnesota passed this law, the feds established the “New Entrant” program. Both rules are similar but were developed for different reasons. An item you should be aware of is that the New Entrant program could eventually lead to a tracking program for intrastate carriers. The feds already track all kinds of information on interstate carriers – like every road side inspection, which you may or may not know includes driver hours of service violations, expired medical cards or driver licenses, as well as equipment violations; also any driver traffic violations (i.e. speeding), crashes, etc. The information is entered into the Motor Carrier Management Information System – which state and federal officials have access to.

To take this a step further, this information is processed into different safety evaluation areas, which, some day could result in a carrier rating for you as an intrastate carrier. Get a poor rating – you might have to pay the consequences!

Next month we’ll talk about driver qualification – and who must be qualified. Until then, take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396

Midwest Compliance Inc.

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Permit Phone-in Application Service Ends Nov. 1

Direct Observation Collections Mandatory August 31

CVSA’s ROADCHECK REINFORCES THE ADAGE IT PAYS TO BE SAFE

CSA 2010 has come to Minnesota & Montana

Repeat Offenders - Beware of Maximum Penalties!

Drug and Alcohol Testing News

FMCSA Revises Policy on Assessing Maximum Fines

Three Ways Claims Adjusters Can Reduce Legal Fees

Teamsters Anti-Independent Contractor Bill Advances

Unified Carrier Registration Program

GPS - To Have, or Not to Have????

TWIC Cards

FMCSA Publishes Rule to Link Driver Medical Certification with the CDL

Opinion: Be Ready to Explain Your SAFER Scores

Unified Carrier Registration Program (UCR) Enforcement for 2009 will begin on January 1, 2009

Alert!! Drivers are getting busted for signing their logs too early!!!

Post Accident Federal Drug/Alcohol Testing

Unified Carrier Registration Enforcement Began July 1 2008

Driver Qualification File: A Medical Card is Not Enough!

Is Your Pickup Truck A Commercial Motor Vehicle?

Cargo Securement: How to Inspect, Tie Down, and Properly Secure Cargo