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Join NTAWritten by Wayne Schooling
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Q: I went to take a random drug test and was told to remove everything from my pockets. Is this right?
A: Yes, after August 1, 2001, new rules instruct collection site personnel to have you empty your pockets. “
You must direct the employee to empty his or her pockets and display the items in them to ensure that no items are present which could be used to adulterate the specimen. If nothing is there that can be used to adulterate a specimen, the employee can place the items back into his or her pockets. As the employee, you must allow the collector to make this observation." If you believe proper collection procedures are not being followed, you should advise your employer or motor carrier, as they are responsible for seeing that specimens are collected in accordance with the regulations.
Intermodal News
I have been asked about the rumors about a new federal law that makes it illegal to hang containers off a step deck trailer. You may want to clip and save this.
Section 393.126 (c) of the “North American Standard for Protection Against Shifting and Falling Cargo; Final Rule” addresses this question as follows:
“Securement of loaded intermodal containers transported on vehicles other than container chassis vehicles. (1) All lower corners of the intermodal container must rest upon the vehicle, or the corners must be supported by a structure capable of bearing the weight of the container and that support structure must be independently secured to the motor vehicle.”
Regarding empty intermodal containers, the ruling goes on to say: “Securement of empty intermodal containers transported on vehicles other than container chassis vehicles. Empty intermodal containers transported on vehicles other than container chassis vehicles do not have to have all lower corners of the intermodal container resting upon the vehicle, or have all lower corners supported by a structure capable of bearing the weight of the empty container, provided (1) the empty intermodal container is balanced and positioned on the vehicle in a manner such that the container is stable before the addition of tiedowns or other securement equipment; and (2) the amount of overhang for the empty container on the trailer does not exceed five feet on either the front or rear of the trailer; (3) the empty intermodal container must not interfere with the vehicle’s maneuverability; and, (4) the empty intermodal container is secured to prevent lateral, longitudinal or vertical shifting.”
The final rule was published in late September 2002 and was effective December 26, 2002, with motor carriers expected to ensure compliance by January 1, 2004.
Over-the Road Base Plates Headaches
Oklahoma is in trouble with IRP, again. The International Registration Plan Inc says if Oklahoma is not following the new registration rule, other states and provinces will stop sending fees, an amount that could exceed $1 million a month.
Last year back in April, the IRP ruled that Oklahoma cheated the State of Illinois out of trucker fees by looking the other way when agents hired by truckers filed false mileage projections to get their clients cheaper tags. The two states were given until November 2002 to try to reach a settlement but failed to do so.
The IRP has ordered Oklahoma to develop a new estimated distance chart using actual miles and come up with a plan outlining the state will deal with owner-operators using Oklahoma tags.
Illinois isn’t the only state complaining about losing revenue to Oklahoma. Reports have come in that some states are citing Oklahoma base-plated trucks, calling them illegally tagged. Alabama is reportedly ticketing trucks that officials think are improperly registered in Oklahoma.
The IRP has adopted a final rule covering established place of business for motor carriers. The rule will take effect October 1, 2003.
The new language calls for an established place of business to be “open during normal business hours” and to have a permanent employee of the carrier conducting trucking-related business. No post office boxes will do. The IRP says the new rule, however, will not affect owner-operators. As it has in the past, the plan requires owner-operators simply have a “physical address” in the state.
Owner-operators must prove their base by either their CDL number or place where their income tax is filed. The plan makes owner-operators exempt from the new rules because the group understands “it’s not feasible” for one-man one-truck operations to be open during the business hours and to have someone answering the phone.
However, the days of having a California CDL, a Nevada Corp business with Oklahoma tags seemed to be long gone.
North America Fleet Services
Don’t forget NorthAmerican Transportation Association Inc.’s new service. When you are a member you get 24 Hour Coast to Coast Emergency Road Service. No enrollment fee, No set up fee and no dues. We have a network of over 50,000 vendors. Our goal is to get your vehicle back in service in 2 hours. This is another FREE SERVICE for MEMBERS ONLY. Call 1-866-367- 6237 and give your NTA membership number. NTA is the home of the professional trucker.
NTA Inc is available to members only. If your NOT a member, join NOW!. You can join right from our secure website at
www.ntassoc.com.
The NTA Inc is a nationwide association established to provide services, benefits and information to Private Fleets, Trucking Companies and Owner-Operators. We are the only association that provides our members with more FREE services and benefits than any other. For more information or details call (562) 630-7637 in California or 800 805-0040 or you can e-mail me at wayne@ntassoc.com. Until next month, " Drive Safe - Drive Smart! "
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Wayne Schooling
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