10-4 Magazine

Waynes World - December 2002

UNSAFE TIRE CHECKS ELIMINATED, INSTANT DOT NUMBERS ONLINE, AND...

REPORTS OF PROPOSED NEW
REGULATIONS ONLINE

By Wayne Schooling

Q: Under what circumstances must a driver be observed while submitting a urine sample?

A: A collection with a direct-observation is mandatory only when the collection person observes behavior clearly indicating an attempt to tamper with the specimen or when the specimen temperature is outside the normal range and an oral body temperature reading is refused or is inconsistent with the specimen temperature.

The collection site person would contact a higher-level supervisor or a designated employer representative (DER) to relay the circumstances that required the observed collection. The supervisor or DER would review the circumstances for compliance with Part 40 requirements and would approve in advance the decision to do the observed collection. The collection site person – of the same gender – would immediately conduct the observed collection. The cost of an observed collection can be as high as $250.

The carrier has the discretion to require the driver to provide a specimen under direct-observation procedures for the return-to-duty test and any subsequent follow-up tests. It is the carrier’s responsibility to notify the driver of their decision to exercise the option of doing the direct-observation collection.

OUR NATION'S HIGHWAYS 2000

The U.S. Department of Transportation’s Federal Highway Administration (FHWA) has announced the release of “Our Nation’s Highways – 2000", a biennial publication that contains a broad range of information on the nation’s roads and highway users.

The publication contains extensive information, on both a state-by-state and national basis, such as: 1) the number of vehicles and licensed drivers; 2) fuel tax rates and the amount consumed; 3) highway fatalities; and 4) highway and transportation expenditures. It's pretty interesting if you like facts and figures. The report is available at www.fhwa.dot.gov/ohim/onh00/index.htm or by calling (202) 366-0160.

HAZ MAT TRUCK TIRE CHECKS ELIMINATED

The Federal Motor Carrier Safety Administration (FMCSA) has eliminated an outdated requirement for hazardous materials (HM) motor vehicle operators to stop periodically to check their tires. Eliminating this requirement is expected to enhance the security of hazardous materials shipments. The proposal came about in the post 9/11 environment because having HM drivers get out of their vehicles to do the checks leaves the vehicles open to possible terrorist attack. This change took effect on 10/4/02.

INSTANT DOT NUMBERS ONLINE

The U.S. Department of Transportation’s (USDOT) Federal Motor Carrier Safety Administration (FMCSA) initiated a new electronic, consumer-friendly process in September that allows interstate carriers, applying online for a USDOT number, to receive their individual number instantly.

This latest registration feature in FMCSA’s e-government initiative streamlines an old process that previously took up to four weeks to complete. This new process complements an e-government function, begun earlier this year, which allows motor carriers to update their registration information online.

All motor carriers operating in interstate or foreign commerce must file the MSC-150 before beginning operations. In addition, the Motor Carrier Safety Improvement Act of 1999 requires that carrier registration information must be updated every two years. Carriers need a valid Visa or MasterCard to act as a digital signature when applying for a USDOT number or updating electronically. The credit card is used only for digital signature purposes, and there is no charge for filling out the application online. Verification of the card will place the cardholder’s name on the MSC-150 as the signature. Digital signatures are as legally binding as actual signatures. Internet users can logon at http://www.safersys.org to electronically register, add or update their company information.

FINDING RULE INFO ON THE WEB

Transportation Secretary Norman Mineta announced that the DOT is making it easier for the public and businesses to interact online with the federal government. The DOT has begun offering a report at http://regs.dot.gov that describes significant transportation rulemaking that is currently under development or has been recently completed.

For each rulemaking, the report contains basic information, including a summary and the anticipated effects of the proposed new rule. The report also includes a schedule whenever one has been set. The report will be updated monthly, showing new projected dates when there are changes and dates for milestones completed. The schedules begin with the rule's date of submission and continue on through the entire process.

The DOT will monitor its own progress in this regulatory report by using color codes to indicate where rules stand. When there are delays, the report will include an explanation. You can use this report to identify possible new rules of special interest to you, and then sign up to automatically receive e-mail notification whenever a substantial document, such as a notice of proposed rulemaking, is placed in the public docket. Instruction for a free e-mail update subscription can be found at http://dms.dot.gov.

~ The NTA is a nationwide Nationally Accredited Association established to provide services, benefits and information to private fleets, owner operators and trucking companies – join now. Stop by their office at 6825 E. Rosecrans Ave, Paramount, CA or call (562) 630-7637. Until next month, “Drive Safe – Drive Smart!”


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