Wayne's World  NTA - Homepage | Talk to Wayne | Join NTA

MARCH - TRUCKING EDUCATION 101 continued

Q: We are a drug collection site and have a customer whose drivers are mandated by the Federal Motor Carrier Safety Administration (FMCSA), and they are notifying their drivers of the “random” test date. They are doing this to “ensure” that the drivers pas the test. What is our responsibility as a collection site? Anonymous… Carson, CA.

A: Section 382.305(k)(1) of the FMCSA drug and alcohol testing regulations states that, “Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.”

As the collection site, I feel that you have a fiduciary obligation to notify the employer of this regulation, and the penalties that may follow as a result of their noncompliance. Section 382.507 states that “Any employer who violates the requirements of this part shall be subject to the civil and/or criminal provisions of 49 U.S.C. 521(b). In addition, any employer or driver who violates the requirement of 49 CFR Part 40 shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b).”

Q: What is the latest on the Vehicle Idling Rule in California? Mike P….Lancaster, PA.

A: It was just announced last month that California will start enforcing this new rules. The new rule will be enforced primarily by Air Resources Board (ARB) diesel truck inspectors, who inspect smoking trucks and buses for tampering and bad maintenance to engines that can increase emissions, however, local law enforcement agencies and the California Highway Patrol can also issue citations. The rule will apply to any truck idling for more than five minutes and any bus idling for more than 10 minutes when either are not engaged in work activities. The idling rule will be applied to ANY truck or bus operating within the state’s borders regardless of where they were registered.

Q: What ever happened to the background fingerprint checks for hazmat haulers? Jerry M… Dallas, TX.

A: Well finally, it’s official. The Transportation Security Administration published on Jan 13, 2005 its Final Rule on fingerprint-based background checks for drivers hauling hazmat materials. Effective Jan. 31, 2005 those applying for a permit for the first time will go through the checks. The fees for the hazardous materials endorsement applicants who submit fingerprints and applicant information are: 1) Information collection and transmission fee $38.00, 2) Threat assessment fee $34.00, 3) FBI fee $22.00. Thus the total fees are $94.00.

All first time applicants for the H or X endorsement must successfully complete a background check beginning Jan. 31, 2005 before a CDL can be issued.

Existing H or X endorsed CDL drivers will have to successfully complete a background check beginning May 31, 2005.

The actual process goes something like this. 1) The person submits their application and maybe their payment in advance. There will be an Internet site as well as a 800 to get the application. The person can take the HazMat written test anytime before or after starting the background check process. 2) the person goes to an agent location and submits their fingerprints and payment (if they haven’t already.) 3) The agent matches the finger prints and the already submitted application together. 4) The agent sends the application and fees to TSA and the fingerprints to the FBI, 5) Based off the application information, TSA checks all relevant terrorist watch lists, Interpol and Immigration, 6) Based off the submitted fingerprints, the FBI checks all relevant criminal data bases, 7) The FBI sends the criminal background check results back to TSA, 8) TSA matches up their portion of the background check to what the FBI sent to them, 9) If the results of the background check is YES (issue), TSA will notify the driver and Dept of Motor Vehicles, and 10) When the notice is received from TSA, the person may then go to a Driver License Office and do whatever transaction they need to do.

Q: What is the carrier’s liability when one of its drivers falsify records of duty status?

A: A carrier is liable both for the actions of its drivers in submitting false documents and for its own actions in accepting false documents. Motor carriers have a duty to require drivers to observe the Federal Motor Carrier Safety Regulations. 

Q: We are experiencing a lot of turnover. Is there a way simple way to figure this out? Roger G…Lucerne Valley, CA.

A:  High driver turnover has become so firmly entrenched in the trucking industry that many carriers simply consider the cost of driver replacement to be a fact of life – the cost of doing business. Those are usually the carriers that use owner-operators and simply by law cannot offer any benefits directly. That is where NTA comes in by being the elbow in the arm’s length distance that the carriers have to take – we bring the benefits to the owner-operators.

The following driver turnover rate formula is provided to help you better manage your driver retention effort. 1) Determine the total number of driver turnovers events year-to-date, 2) Divide the above figure by the total number of calendar days elapsed, 3) Multiply the result by 365 (total days in a year) and 4) Divide the result by the total number of current drivers. Example: To date, you have experienced 59 drivers turnover events as of9/3/04. September 3, 2004 is day 247 of the calendar year. You have 152 current drivers in your fleet. Using these figures, calculate your driver turnover rate 59 divided by 247 x 365 + 87.19 then take 87.19 divided by 152 = .574

Round this off and your year-to-date turnover as of 9/3/04 was 57.4%

Send your questions to Wayne Schooling at NorthAmerican Transportation Association, 2533 N Carson St, Suite 346, Carson City, NV 89706-0147

The NTA is a premier Nationwide Transportation Benefits Association established to provide services, benefits and information to Private Fleets, Trucking Companies and Owner-Operators. We provide our members with more FREE services and benefits than any other association. For more information or details call (562) 279-0557 in California or 800 805-0040 or you can E-Mail me at wayne@ntassoc.com

 Remember, tell those who doubt your profession, " If you've got it ….A TRUCKER BROUGHT IT ! Until next month, " Drive Safely - Drive Smart ! "