Waynes World - July 2006

THREE INSTANCES WHEN A COMMERCIAL VEHICLE
MUST HAVE A TRIP PERMIT, AND...

LOGGING TIME FOR PHYSICALS
AND DRUG TESTS
By Wayne Schooling

WHEN A TRIP PERMIT IS NECESSARY

All interstate motor carriers are required to have the proper vehicle licenses and registration for each jurisdiction of travel. Unlike cars, which can travel freely anywhere in the U.S. and Canada with a legally valid license plate from any state or province, commercial motor carriers must register their vehicles and pay fees in every jurisdiction in which they will travel in. When operating a commercial vehicle in a jurisdiction in which it is not properly registered, a trip permit is necessary. The trip permit serves as a “temporary license plate.” There are three instances when a commercial vehicle must have a trip permit:

1) Qualified interstate commercial motor vehicles must obtain IRP apportioned license plates from their base jurisdiction. A “qualified” or “apportionable” vehicle under the IRP is: a power unit having two axles and a GVW or RGVW in excess of 26,000 lbs. or 11,793.401 kg; or a power unit having three or more axles, regardless of weight; or a power unit used in combination, when the weight of such combination exceeds 26,000 lbs. or 11,793.401 kg GVW. Interstate vehicles meeting this definition of a “qualified interstate carrier” must obtain annual apportioned IRP registration, paying registration fees to their base jurisdiction for all states of travel. With their IRP apportioned registration plate they can legally travel interstate or intrastate in any jurisdiction shown on their IRP cab card. If travel is required in a jurisdiction for which the vehicle is not apportioned for or listed on the cab card, a trip (or temporary) permit is needed before the travel can take place.

2) Interstate trucks and truck tractors, and combinations of vehicles having a GVW of 26,000 lbs. or 11,793.401 kg or less are not required to apportion under the IRP, however, they may be proportionally registered at the option of the registrant. When you choose not to apportion such vehicles, they are subject to individual jurisdiction registration laws; automatic reciprocity is not granted. Depending upon the jurisdictions of travel, a trip permit may be required for interstate travel, intrastate travel, or both.

3) Restricted plates have some restriction on their use, such as commodity, mileage, geographic area, or time (less than one year). Transporter plates, dealer plates and farm plates are examples of restricted plates. These plates are valid for travel in the state of issue under the terms and conditions accompanying the plate. However, they do not receive automatic reciprocity for travel outside the state of issue. Before traveling interstate with a restricted plate, contact the jurisdictions of travel to determine whether reciprocity is granted or a trip permit is needed. Depending upon the state, trip permits are valid for a defined period of time (such as 72 hours) or for a single trip. The fee is determined by the state. The NTA now has an in-house service provider that can handle your (members) licensing and registration needs.

LOGGING PHYSICALS AND DRUG TESTS

Drivers are often unaware of how to record their required physical examinations and drug or alcohol tests on their records of duty status (daily logs). Fortunately, the Federal Motor Carrier Safety Administration’s (FMCSA) regulations and interpretations now make it clear how this time is to be recorded. The next time one of your drivers reports for such an exam or test, check their log to make sure it was recorded correctly, as outlined by the following guidelines.

There are two possibilities addressed for recording physical exams: 1) The driver schedules and attends the examination at a time of his or her own choosing. In this case, the time should be recorded as “off duty.” Travel time to and from the exam can also be recorded as “off duty” so long as the driver is operating a non-commercial vehicle or the driver is authorized to operate a commercial motor vehicle in an off-duty status. 2) The motor carrier directs the driver to attend at a specific time. Under this scenario, the time must be recorded as “on duty not driving” because the driver is not free to pursue an activity of his or her own choosing (he or she must report for the exam at the direction of the motor carrier). Travel time in a non-commercial vehicle must also be recorded as “on duty not driving” up to the point at which the driver is relieved of all duty and responsibility after the examination. If a commercial motor vehicle is used for driving to the exam, it must be recorded as “driving” time.

In regards to logging time for a drug and alcohol test, the Federal Motor Carrier Safety Regulations now specify how to record the time. In short, it must be recorded as “on duty.” The definition of “on duty” in 49 CFR 395.2 says that on-duty time includes: “All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing by Part 382 of this subchapter when directed by a motor carrier.” If a non-commercial vehicle is used to drive to and from the test, that driving time must be recorded as “on duty not driving” until the driver is relived of all duty and responsibility after the test. If a commercial motor vehicle is used for driving to the test, it must be recorded as “driving” time. For this reason, you should NOT do any of your testing at a “medical clinic” because the driver will simply waste too much of his valuable time.

~ If you have a question or concern, send it to me, Wayne Schooling, at NorthAmerican Transportation Association, 2533 N. Carson St. #346, Carson City, NV 89706-0147 or call 562-279-0557 or 800-805-0040 or send an e-mail to wayne@ntassoc.com. Until next month, “Drive Safe – Drive Smart!”