Posts Tagged ‘highway bill’

President Signs Highway Bill Part 3: A National Drug & Alcohol Clearinghouse

Friday, July 13th, 2012

As part of the recently passed highway bill, Congress is mandating that the Federal Motor Carrier Safety Administration establish a federal drug and alcohol clearinghouse that would contain a database of positive test results as well as refusals.

According to the bill, “Motor carriers will be required to query the clearinghouse when screening new driver applicants and annually thereafter. Third party service agents will be permitted to conduct these inquiries on behalf of motor carriers.” 1

The agency has 2 years to establish a clearinghouse, however, the FMCSA is said to have already been working on a proposal and is expected to issue a notice of proposed rulemaking this year.

The creation of a federal alcohol and drug clearinghouse has been a topic of discussion for years now.  Concerns over whether truckers are legit when undergoing drug and alcohol testing prior to employment rose in 2008 when the Government Accountability Office conducted an investigation, discovering that drivers were able to dilute and adjust their urine samples so that they would test negative for drugs and alcohol, due to testing sites not following proper protocol.

Safety concerns grew even more by a loophole that permits drivers to disclose certain information on their resumes regarding past occurrences, including prior testing.  In an effort to close this loophole and put safer drivers on the road, Senators Mark Pryor and John Boozman proposed The Safe Roads Act of 2011 last year.

That act vowed to do the following:

-Require employers to submit all data on tests in which they conducted or their refusal to take the test into the database. 2

-Employers must make sure that a test was conducted within the last three years and whether or not a driver was willing to partake or not. 2

-Employers must check their drivers in the database annually. 2

-Employers will be notified of any “positive test results that show up during the week after an employer’s inquiry.” 2

-Drivers must give their consent before their information is given out to an employer. 2

-Drivers will be notified of any activity regarding their records. 2

-Drivers need to maintain current/accurate records. 2

-Drivers need to undergo proper procedures if tested positive in order to return-to-duty. 2

The American Trucking Associations (ATA) has been encouraging a drug and alcohol clearinghouse for several years in an effort to prevent drivers from switching from one job to the next in an effort to dodge drug and alcohol testing. 3

In his recent letter to Transportation Secretary Ray LaHood dated July 2, American Trucking Associations President (ATA) and CEO Bill Graves stated, “ATA is pleased that both DOT and FMCSA are committed to improving truck and highway safety through stepped-up enforcement and through focused drug and alcohol inspections.  However, I continue to be very disappointed with the lack of tangible progress by DOT and FMCSA on a national drug and alcohol test results clearinghouse.” 3

As Graves notes, the agency recently took action in a sweep that occurred April 30th through May 11th which removed 287 drivers from the road and resulted in an additional 128 companies facing action. 5

Graves continued to state, “In March 2009, shortly after your arrival at DOT, FMCSA initiated a rulemaking project to establish a national clearinghouse which ATA had advocated, at this point, for 10 years.  Subsequently, in 2010, FMCSA submitted another report to Congress concerning the need for a national clearinghouse, and included a timeline for completion of agency rulemaking.  However, FMCSA failed to meet that timeline and, at this point, has not even issued a proposed rulemaking.  Unhappy with FMCSA’s progress in developing a national clearinghouse, Congress just included language in the surface transportation reauthorization conference mandating the development of such a clearinghouse.” 4

The ATA, however, showed their gratitude towards President Obama and Congress after the signing of the highway bill last Friday. “It has been 30 months since we have had a true, long-term highway funding bill,” Graves said, “so today’s bill signing is a good thing for trucking and for our national economy.” 6

What are your views regarding the mandatory creation of a federal alcohol and drug clearing house by Congress?  List your comments below.

Read ATA CEO Bill Graves’ letter to Transportation Secretary Ray LaHood regarding the clearinghouse at http://www.truckline.com/AdvIssues/Litigation/Documents/DOC070212.pdf

Don’t forget to stay tuned for an upcoming article on the effects of the mandatory usage of electronic onboard recorders on all trucks.

1http://www.wvtrucking.com/2012062865/Latest-News/house-senate-conferees-reach-highway-bill-agreement-65.html

2http://www.truckinginfo.com/news/news-detail.asp?news_id=73488

3http://www.overdriveonline.com/ata-seeks-action-on-national-drugalcohol-test-clearinghouse/

4http://www.truckline.com/AdvIssues/Litigation/Documents/DOC070212.pdf

5http://www.truckinginfo.com/news/news-detail.asp?news_id=77316

6http://www.sacbee.com/2012/07/06/4614404/ata-congratulates-congress-administration.html

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President Signs Highway Bill Part 2: The Effects of the 34-Hour Restart Provision on Carriers/Shippers

Wednesday, July 11th, 2012

This is the second of four articles regarding passage of the highway bill and its affects on truckers and shippers.

According to the highway bill signed by the President last Friday, the Federal Motor Carrier Safety Administration is required to “conduct a field study on the effectiveness of the 34-hour restart provision in its hours-of-service rule.” 1

When the FMCSA presented its hours-of-service ruling last December, it chose to revise the 34-hour restart provision to include two consecutive breaks between the hours of 1 a.m. and 5 a.m., with an effective date of 2013.

But trucking groups, such as the American Trucking Associations (ATA) as well shippers, including the shipping association NASSTRAC, have been fighting against the 34-hour restart provision, which they believe would do more harm than good.

The Effect on Truckers and Shippers

With two consecutive breaks between the hours of 1 a.m. and 5 a.m., drivers are arguing that their work week would be drastically reduced from 82 to 70 hours.  Less hours equals less miles and sequentially less pay for those trying to make a living.

Not only does this decrease hit the pockets of the drivers, but in return the trucking company, which now has to account for this loss of time.  As one trucking company notes, “This restriction means that the company will need between 5% and 15% more hours to get the work done.” 2

In that case, it should come as no surprise that this decrease in work hours would lead to productivity problems, limiting a driver’s time on the road, which could cause delivery complications.  These complications spell trouble for shippers who will be facing increased rates to get these shipments picked up and delivered on time due to driver shortages, which then trickles down higher costs to consumers.

Shippers/receivers will also face changes in scheduling, with the need of advanced notice.  As one driver explains, “The changes are going to have to be made at the plants that I haul into. They are going to have to come up with an earlier schedule and stick to it some way so that we have more then a 12-hour notice of where we are loading. That way if I have to plan a camping trip in the truck then I can do so. That way I can pack a few things so that when I get off loaded then I can start heading for the next load spot and take my 10 when the clock runs out. But then they are going to have to start raising the rates because I refuse to camp in my truck for a 100-150 dollar load.” 3

Aside from higher rates and productivity problems, the ATA and others are arguing over the increased congestion and safety risks that would result.  The ATA states that “by mandating drivers to include two periods between 1 a.m. and 5 a.m. as part of a ‘restart’ period, FMCSA is assuring that every day as America is commuting to work, thousands of truck drivers will be joining them, creating additional and unnecessary congestion and putting motorists and those professional drivers at greater risk.” 2

In addition, the ATA goes on to state that “The largest percentage of truck-involved crashes occur between 6 a.m. and noon, so this change not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day.” 2

In order to ease concerns, the bill would require that the FMCSA do a field study that is to be completed by March 31, 2013, which either supports the rule and puts it into effect or would lead to a modification of the ruling if not supported. 4

Have questions about the FMCSA’s 34-hour restart provision?  Then check out the FMCSA’s questions and answers section regarding the ruling at http://www.fmcsa.dot.gov/documents/hos/HOS_Rule_QAs.pdf.

Do you believe that the FMCSA made the right choice in revising the 34-hour restart provision in its hours-of-service rule to include two consecutive breaks between the hours of 1 a.m. and 5 a.m.?  What do you consider to be the biggest circumstances of this revision?  List your comments below.

Stay tuned for an upcoming article on the effects of the creation of a federal alcohol and drug clearing house.

1http://www.ttnews.com/articles/basetemplate.aspx?storyid=29646&t=Congress-Passes-Highway-Bill

2http://www.thetrucker.com/News/Stories/2011/12/22/ATAObamaadministrationsfinalHOSruleputssafetyinthebackseat.aspx

3http://www.thetruckersreport.com/truckingindustryforum/trucking-industry-regulations/164305-fmcsa-releases-hours-service-final-rule.html

4http://www.truckinginfo.com/news/news-detail.asp?news_id=75960&news_category_id=3

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Amendment to Block EOBR Mandate Added as President Set to Sign Highway Bill this Friday

Thursday, July 5th, 2012

highway bill(This is the first of four articles regarding passage of the highway bill.  Stay tuned for upcoming articles of an in depth look of the bill’s affects on truckers and shippers)

After almost three years, the highway bill finally made its way through the House and Senate last Friday, headed to the President for final approval, who will sign it in a ceremony on Friday, July 6th.

In a 373-52 House and 74-19 Senate vote, the two-year bill will generate nearly $100 billion ($52.2 billion in 2013 and $52.95 billion in 2014) towards federal highway programs.

For truckers, the bill would do the following:

* FMCSA is required to “conduct a field study on the effectiveness of the 34-hour restart provision in its hours-of-service rule.” 2

With an effective date of 2013, the FMCSA’s hours-of-service revision of the 34-hour restart provision would include two consecutive breaks between the hours of 1 a.m. and 5 a.m., a ruling that drivers are arguing would decrease their work week from 82 to 70 hours.

Groups including the American Trucking Associations (ATA) have been arguing for months against the restart provision believing that “by mandating drivers include two periods between 1 a.m. and 5 a.m. as part of a ‘restart’ period, FMCSA is assuring that every day as America is commuting to work, thousands of truck drivers will be joining them, creating additional and unnecessary congestion and putting motorists and those professional drivers at greater risk.” 3

* The creation of a federal alcohol and drug clearing house

The creation of a national clearinghouse for truck driver drug and alcohol test results is not something new for the trucking industry.  Last year, The Safe Roads Act of 2011 proposed a similar method that would do the following:

Employers

-Need to submit all data on tests in which they conducted or a driver’s failure to cooperate into the database (“clearinghouse”) 4

-Need to make sure that a test was conducted within the last three years and whether or not a driver was willing to partake or not 4

-If a driver is hired, employers will need to check that driver in the database every year 4

-Will be notified of any “positive test results that show up during the week after an employer’s inquiry” 4

Drivers

-Must give their consent before their information is given out to an employer 4

-Will be notified of any activity regarding their records (releasement, additional records, or changes) 4

-Need to maintain current/accurate records 4

-Need to follow proper procedures if tested positive in order to return-to-duty 4

* “Reauthorize DOT hazardous materials safety programs” 5

* Mandatory usage of electronic onboard recorders on all trucks

Groups such as the American Trucking Associations support the mandatory use of EOBRs, while others such as the Owner-Operator Independent Drivers Association oppose the devices.

Although the bill contains an EOBR mandate, an amendment set to block its passage was recently added to the legislation. 6 The amendment states that “none of the funds made available by this act may be used to promulgate or implement any regulations that would mandate global positioning system (GPS) tracking, electronic on-board recording devices or event recorders in passenger or commercial motor vehicles,” although Congress would still be able to fund it with the appropriations bill. 1

In order to get a better look at the facts behind EOBRs, we are giving you 11 common EOBR myths provided by Xata.  Click here to view.

In your opinion, should EOBRs become mandatory in the highway bill or should it be blocked?

1http://www.thetrucker.com/News/Stories/2012/6/29/HouseamendmentstripsfundingforEOBRmandate.aspx

2http://www.ttnews.com/articles/basetemplate.aspx?storyid=29646&t=Congress-Passes-Highway-Bill

3http://www.thetrucker.com/News/Stories/2011/12/22/ATAObamaadministrationsfinalHOSruleputssafetyinthebackseat.aspx

4http://www.truckinginfo.com/news/news-detail.asp?news_id=73488

5http://ohsonline.com/articles/2012/06/29/long-awaited-highway-bill-passed.aspx?admgarea=news

6http://www.truckinginfo.com/news/news-detail.asp?news_id=77386

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