| NEW
DRUG TESTING PROCEDURES, INTERMODAL NEWS, AND...
OVER-THE-ROAD BASE PLATE
HEADACHES IN OKLAHOMA
By Wayne Schooling
Q:
I went to take a random drug test and was told to remove everything
from my pockets. Is this right?
A: Yes. Since 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 UPDATE
Recently I was asked
about the rumors regarding a new federal law that makes it illegal
to hang containers off a step-deck trailer. Here is what I found.
Section 393.126(c) of the “North American Standard for Protection
Against Shifting and Falling Cargo; Final Rule” addresses the issue
as follows: “Securement of loaded intermodal containers transported
on vehicles other than container chassis vehicles. (1) All lower corners
of the 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 tie-downs or other securement equipment; (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 container must
not interfere with the vehicle’s maneuverability; and, (4) the empty
intermodal container is secured to prevent lateral, longitudinal and
vertical shifting.”
This rule was published in September of 2002 and took effect on December
26, 2002, with motor carriers expected to ensure compliance by January
1, 2004.
OTR BASE
PLATE HEADACHES
IN OKLAHOMA
Oklahoma is in
trouble with IRP, again. The International Registration Plan (IRP)
Inc. says if Oklahoma is not following the new registration rules,
other states and provinces will stop sending fees - an amount that
could exceed $1 million a month.
Back in April 2002, the IRP ruled that Oklahoma cheated the State
of Illinois 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 reach a settlement
but failed to do so. The IRP has ordered Oklahoma to develop an estimated
distance chart using actual miles and to come up with a plan outlining
how 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 the "established place
of business for motor carriers" issue. The rule will take effect
on 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 P.O. 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 to 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 that it’s not feasible for a one-man, one-truck
operation to be open during business hours with someone there to answer
the phone.
NORTH
AMERICA
FLEET SERVICES
The NTA recently
announced another new service for their members - 24 hour coast to
coast emergency road service. No enrollment fee, no setup fee and
no dues. The NTA has a network of over 50,000 vendors, and their goal
is to get your vehicle back in service in two hours. This is just
another FREE service available to members. To join the plan, call
1-866-367-6237 and give them your NTA membership number. If you're
not already a member, join now! You can join right from home (or from
the cab of your truck on your laptop) on their secure website located
at www.ntassoc.com.
The NTA is a nationwide association established to provide services,
benefits and information to owner-operators, private fleets and trucking
companies. For more details call (800) 805-0040 or (562) 630-7637.
Until next month, “Drive Safe - Drive Smart!”
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