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FMCSA TARGETS
TRUCKS WITHOUT AUTHORITY, KEEPING
TABS ON YOUR By
Wayne Schooling
Q: Can I use “white-out”
liquid to correct a logbook entry mistake? A:
Any method of correction is acceptable so long as it does not negate
the obligation of the driver to certify by his or her signature that
all entries were made by the driver and are true and correct. KEEP TABS ON YOUR SAFETY PROFILE Every
truck driver should know that he or she is held at a higher degree
than the average driver and that they are in what is known as a public
occupation – other motorists see every move they make. But not all
professional drivers know that every mistake they make is also open
to electronic inspection by anyone with a computer and internet access. Roadside
inspections, moving violations, out-of-service orders and compliance
reviews are all entered into a collection of databases that are open
to public view via the Internet. The newest database is called “SafeStat”
system, short for Safety Status Measurement System. You can find them
by logging on to http://ai.volpe.dot.gov
on the Internet. The
data there is used by the Federal Motor Carrier Safety Administration
to rank trucking companies, large and small, on a state as well as
national level on the basis of safety – a high ranking will trigger
a visit from federal inspectors. It's also used by insurance companies
to adjust their rates to you or to decline coverage. Shippers even
use it to decide which company gets their business. After all, why
would a shipper use a company with a bad accident record or one that
gets too many tickets. Even personal injury lawyers are using these
ratings to sway juries. Obviously,
there is a lot riding on the data. If it is correct, it can throw
the spotlight on an unsafe motor carrier, maybe even force him out
of business if he or she is unwilling to make the changes that should
be made. NEW
DRUG/ALCOHOL REPORTING LAW Drivers
holding a Commercial Driver’s License (CDL) in the state of Washington
are now subject to stricter laws regarding confirmed positive drug
or alcohol tests in the workplace. Under the new law, Medical Review
Officers (MROs) and Breath Alcohol Technicians (BATs) are required
to report positive drug or alcohol tests for CDL holders to the Washington
Department of Licensing (DOL) within three days. The agency will then
disqualify the driver from operating a commercial motor vehicle. The
new law went into effect back in June of this year. A positive drug or alcohol violation will disqualify a CDL holder until the DOL has received a drug or alcohol assessment and evidence is presented of satisfactory participation in or completion of any required drug or alcohol treatment program. If the disqualification is for one year or longer, the driver will be required to retake and pass the commercial written and driving tests and pay all required fees. If the driver is disqualified more than twice in a five-year period, the disqualification is for life. FMCSA
TARGETS TRUCKS WITHOUT AUTHORITY Trucks
caught providing for-hire services without proper federal authority
can now be ordered off the road. All carriers operating in interstate
commerce are required to register with the Federal Motor Carrier Safety
Administration, but interstate carriers who provide for-hire transportation
must also obtain the proper operating authority. Once a key element
of economic regulation, the process of granting authority now mostly
focuses on If a vehicle is found to be operating without proper authority or beyond the scope of authority granted, it will automatically be placed out-of-service and the carrier will be subject to additional penalties. Enforcement will be mainly through roadside inspections. You can get more information at NTA's new site www.trucksonly.com/authorityplus or you can stop by our California Information Center at 6825 E. Rosecrans Ave. in Paramount, CA. Also, for safety compliance files, be sure to visit www.truckdriverprofiles.com. OUT
OF CONTROL We
have all heard about the famous case of the 79 year old woman who
suffered extensive burns when she spilled coffee on herself while
attempting to open a cup she was holding between her legs. A jury
ordered McDonald’s to pay her $2.7 million in punitive damages because
the coffee was too hot. In
trucking, the most talked about case these days involves a CFI truck
that was parked on the side of the road when it was hit from behind
by a car carrying two women. The passenger was killed. The driver
admitted that they had been out drinking, that they had been up for
an extended period of time, and that she had fallen asleep at the
wheel. She also admitted that she had seen the truck and thought it
posed no danger. The passenger’s family sued CFI and was awarded $8 million in actual damages and $10 million in punitive damages. Wow! And everyone wonders why their insurance rates have risen so much. Until next month, "Drive Safe – Drive Smart!”
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