Waynes World - November 2007

TERRORIST PLOT UNCOVERED, TOUGHER
TRAINING FOR NEW DRIVERS, AND...

SCARY STATISTICS ON
TRUCKERS & DRUG USE
By Wayne Schooling

TERRORIST PLOT TO KILL TRUCKERS
An American credited with playing a key part in a probe of an Oregon terror training camp pleaded guilty to terrorism charges, admitting his role after his violation of a plea agreement let the government bring more serious charges against him. The indictment said that while in Bly, Oregon, Oussama Kassir, who is now being held in the Czech Republic, and others discussed a plan to kill truck drivers traveling through Oregon and then steal their cargo for money and goods to support the training camp. It said that Kassir and Haroon Rashid Aswat, who is now being held in England, tried to train others on how to make bombs and poisons. James Ujaama, a Muslim convert from Seattle, said he tried to set up the camp in Bly in 1999 and notified a radical Islamic cleric in Britain that he and others were stockpiling weapons and ammunition in the U.S. He also admitted that between June 2000 and December 2001, he tried to raise money and provide other help to the terrorists in Afghanistan.

SOBERING STATISTICS ON DRUG USE
A surprise but anonymous check of truck drivers on Interstate 5 in Oregon earlier this year found almost 10% had controlled substances in their systems. Oregon State Police checked hundreds of drivers and their vehicles during “Operation Trucker Check XII” conducted over a three-day period at the southbound Woodburn Port of Entry. Drivers and their vehicles underwent a thorough inspection, with officers looking for violations, driver impairment or fatigue, and/or criminal activity. Drivers were asked to voluntarily and anonymously provide a urine sample to be checked for drugs. Of the 505 CMVs inspected, 11% were placed out-of-service for safety-related violations. Another 17% were placed out-of-hours for exceeding allowable driving hours. Some 487 drivers agreed to provide a urine sample and 47 of them (9.7%) tested positive in at least one drug category: 18 were positive for marijuana, 2 were positive for methadone, 8 were positive for amphetamines, 19 were positive for opiates, and 5 were positive for more than one drug. That is scary!

NEW CLARIFICATION OF "REPORTABLE"
Picture this: the driver of a commercial motor vehicle (CMV) is changing lanes and a nearby car driver loses control, leaves the road, and crashes into a building. Would the FMCSA classify this as an “accident” that “involved” a CMV, thus requiring the motor carrier to record details about the incident on its accident register? In answering this question several years ago, the FMCSA wrote: “No. An occurrence in which a motor carrier’s vehicle does not leave the roadway, or strike another vehicle, person or object, does not meet the definition of an accident. No contact between the vehicles is not a recordable accident.” But when the FMCSA recently took another look at this guidance, the agency concluded that its answer was correct but its logic was faulty. An incident in which two vehicles have no contact can still be an “accident” if the CMV contributed to the event. The FMCSA revised its answer to read: “The CMV would not be considered “involved” unless the investigating police officer determines that the CMV caused or contributed to the accident.”

TOUGHER TRAINING FOR NEW DRIVERS
Those who want to become commercial truck drivers may have it a bit tougher in the near future. The FMCSA is proposing new minimum requirements for entry-level CMV drivers, including behind-the-wheel training. The proposal has made it to the Office of Management and Budget (OMB), which has 90 days to review it. So far, little information is available on the proposal. Here is what has been posted on the OMB website: “This rulemaking would require behind-the-wheel training for all persons who must hold a Commercial Driver’s License to operate a commercial motor vehicle. This action is in response to the U.S. Court of Appeals for the District of Columbia Circuit’s December 2005 decision remanding the May 21, 2004, Final Rule “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” for further consideration. The rulemaking will consider the effectiveness of CMV driver training in reducing crashes, the appropriate types and levels of behind-the-wheel training that should be mandated and related costs.” I will continue to follow this proposed rule as it progresses.

HOURS-OF-SERVICE SAGA CONTINUES
The current CMV driver hours-of-service rules, which allow for 11 hours of driving and then a restart after 34 hours of rest, are likely to remain in place for at least several more weeks. The potential delay in implementing a court decision overturning the rules is the result of legal actions by industry groups, including the American Trucking Association, with the support of nearly a half-dozen others, seeking an eight-month stay. The ATA and others said implementing the court’s finding now would cause tremendous disruption and upheaval in the trucking industry. Back on July 24th, 2007, a federal appeals court vacated portions of the hours-of-service rule, saying the agency failed to provide adequate explanations for extending driving time to 11 hours and allowing drivers to reset their weekly maximum after a 34-hour restart period. Now, the appeals court ruling means that the decision is delayed “until disposition of petition, unless the court orders otherwise.” So far, the court has not issued such an order. I will inform you of any updates on this situation as they become available.

~ NTA remains a name you can trust. Our website is your official U.S. DOT Internet Training Site and we are administrators of a Nationally Accredited Drug and Alcohol Program. If you have any questions, visit www.ntassoc.com or call me at (562) 279-0557 or send me an e-mail to wayne@ntassoc.com. Until next month, “Drive Safe – Drive Smart!”