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Q: If an individual fails to test during a selection period are they required to complete THAT test before the year-end period? Will it count towards the year-end total?
A: The federal regulations say, “ Each driver selected for testing shall be tested during the selection period.” Please note the use of the word shall and not the words may or could were used in this sentence.
This means that the driver must take the test during the applicable period. The test does NOT count if it was not conducted during the selection period. Depending on the reason the test was not conducted, it is either considered excused (i.e. driver was on extended vacation) or a refusal to test (i.e. driver was notified by employer, but never went to have sample collected).
SMALL TO MEDIUM MOTOR CARRIERS STILL NEED EDUCATION
We have covered many subjects over the years with the last two topics being on corporations. Now that you’ve got your company set-up it’s time to learn the ins and outs of the transportation industry without going through the school of hard knots. The coming series of articles have been designed so that if you save each article you will have a small booklet worth several hundred dollars. We will be covering the different problems that have come to light over the last 40 years that I have been in the transportation business. The subjects we will cover will be dealing with the various problems you will eventually run into in the future dealing with broker’s, freight forwarders, bankrupt brokers, bankrupt carriers, bills of lading, carrier liability, chargebacks, contracts, damages, detention charges, freight charges, freight claims, receiving procedures, refused freight, tariffs and much more. If you care about your company’s bottom line, then you need to know how to protect your company against the surprises and pitfalls in doing business with freight carriers, forwarders and intermediaries in today’s deregulated environment. In deregulating the surface transportation industry, Congress sent a message, but most people in the industry have either not heard it, or do not comprehend it. The message is that the government is no longer spending money to protect the public interest! The US DOT clearly stated in its report on cargo liability, that “ The clear congressional intent in the ICC Termination Act was to limit government involvement in regulation.” This left a large void by the sunsetting of the Interstate Commerce Commission. Most small companies have misread this sunsetting of the ICC as meaning that they no longer need transportation professional on staff, or that they no longer need education or training. Some also believe that contracting, now the most prevalent method of shipping goods, eliminates the need for a transportation staff. On the contrary, contracting requires careful drafting, negotiating, and constant administration by knowledgeable personnel. Small to medium motor carriers are the least sophisticated in transportation because of the many hats each has to wear. You are not only are the owners of the company but sometimes the salesmen, the billing clerk, the payroll clerk, the driver, and the janitor, need I go on. The small to medium motor carriers usually have three excuses for not joining some type of trade organization where they can learn on how to cope with these problems, 1) We’re too busy to read your articles, 2) We have downsized, so we no longer the personnel to look after these things and 3) We are too small and cannot afford it. This series of publications will be your manual on shipping and receiving, designed to help small to medium firms avoid costly errors in dealing with other parties in the transportation industry. The Most Common Errors and Omissions Committed by Motor Carriers This month, we take a look at some of the errors and omissions most commonly committed by motor carriers–errors that often result in additional and unexpected costs. Carrier often fail to: 1) Inform shippers of the rules, accessorial charges, liability limits, and credit terms that will apply while negotiating rates and service, 2) Correctly rate freight bills in accordance with contracts, rate agreements, and tariffs, 3) Correctly classify freight in accordance with the National Freight Classification, 4) Furnish a copy of their Tariff rules promptly when the shipper request it, 5) Investigate a claim when they have a “clear” delivery receipt, 6) Maintain a single, realistic base-rate structure for negotiating rates with all shippers, 7) Acknowledge and pay claims in accordance with U.S. Department of Transportation regulations, 8) Employ certified claims professional to process loss and damage claims, 9) Retain the integrity of palletized, unitized shipments or pay resulting shortage claims, 10) Acknowledge and pay overcharge and duplicate-payment claims as required by DOT regulations, 11) Determine the value and other characteristics of freight when negotiating rates, 12) Verify the identity and authenticity of “occasional” consignees before delivering freight, 13) Require the proper type of payment for cash on delivery (C.O.D.) shipments, 14) Notify customers of changes in liability and other tariff rules before they go into effect, and 15) Follow shippers’ special instructions for handling and protecting freight. In addition to addressing these errors and omissions, carriers may wish to reconsider some other practices that can result in costly disputes, claims, and litigation. These include: A) Stating in rate agreements and contracts that” The terms of a ‘Standard Bill of Lading’ shall apply.” (There is no such document- the parties must agree on a specific bill of lading form.), B) Permitting drivers to break seals before delivery and then claiming they have a “clear seal record” so they can deny liability for a shortage, C) Incorporating tariff rules in contracts and rate agreements by reference, D) Accepting shipments without checking whether the shipper has loaded and braced the cargo properly, and later alleging that damage was caused by the shipper’s improper loading. (DOT’s safety regulations require drivers to check loads before leaving a shipper’s dock and E) Using tactics such as denying claims and delaying payments in hopes of inducing a settlement by “ wearing down" the claimant.
The NTA is a nationwide 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) 630-7637 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 ! "
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