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April
1 , 2004
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Headline
News
Christopher
Burruss To Head TCA
The Truckload Carriers
Association’s Board of Directors’ approved the selection
of Christopher Burruss as TCA’s new president at their meeting
on March 14, 2004 during the 66th Annual Convention in Waikoloa, HI.
Mr. Burruss has
spent the past five years as President and CEO of the Tennessee Trucking
Association, a trade association representing over 500 trucking and
allied support companies based in and outside the state of Tennessee.
The Tennessee Trucking Association is among the oldest state trucking
associations and provides educational opportunities, legislative representation,
networking, and industry information to its members. From 1991 until
1999 Mr. Burruss served as Vice President of the Missouri Motor Carriers
Association.
Mr. Burruss was raised in Jefferson City, Missouri and educated in the
public school system. After completing high school, he enlisted in the
United States Marine Corps, serving for 5 years on active duty before
being honorably discharged in 1991. He is a veteran of Operations Desert
Shield and Desert Storm.
Mr. Burruss is active
in the trucking industry serving on the Executive Committee and Board
of Directors of the American Trucking Associations, as well as its Intermodal
Committee. He also serves on the Advanced Transportation Research Institutes
Research Advisory Committee and the Board of Directors of HELP (Heavy
Vehicle Electronic License Plate) Inc.
A graduate of Lincoln
University in Missouri, Mr. Burruss majored in Political Science and
Business Management.
“Chris Burruss is a rising star in the trucking industry and TCA
is proud to have his knowledge, enthusiasm, and experience serving our
diverse membership. The Search Committee was impressed with his work
at the Tennessee Trucking Association and believes he is truly the candidate
best suited to fit TCA’s needs. We anticipate a very productive
partnership,” said Lance Craig, incoming Chairman of TCA, and
the Search Committee Chair.
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What
Do You Need To Do Before Hiring New Drivers? FMCSA Releases Final Rule
On Safety Performance History of New Drivers
The Federal Motor
Carrier Safety Administration (FMCSA) published a Final Rule on the
Safety Performance History of New Drivers in the March 30 Federal
Register. This agency ruling mandates the minimum driver safety
performance history data that new or prospective employers are required
to seek for applicants under consideration for employment as commercial
motor vehicle (CMV) drivers; where, and from whom, that information
must be sought; and that previous employers must provide the minimum
driver safety performance history information. The effective date is
April 29, 2004. With this ruling the FMCSA has eliminated one more of
the remaining regulatory initiatives that were part of the DOT lawsuit,
in which they were mandated to issue a number of proposals in final
rule form by specified deadlines. To date, the only remaining “DOT
lawsuit rules” to be issued are entry-level driver training and
hazardous materials safety permits.
This Safety Performance
History rule requires the prospective employer to request information
from all previous employers of the applicant that employed the driver
to operate a CMV within the previous three years -- within a mandated
period of 30 days of the date the driver’s employment begins.
The information required is:
1) verifying a
driver worked for a prior employer and dates of employment;
2) the driver’s three-year alcohol and controlled substances
history;
3) information indicating whether the driver failed to undertake or
complete a rehabilitation referral prescribed by a substance abuse
professional (SAP) within the prior three years;
4) information indicating when the driver illegally used alcohol or
controlled substances after having completed a rehabilitation referral;
and
5) information indicating whether the driver was involved in any accidents
as defined by §390.5 of the Federal regulations.
The rule requires
the previous employer to respond to these requests within 30 days after
the request is received. However, please note that the FMCSA specifies
in §391.23(g) an effective date for the previous employer to comply
with this rule as October 29, 2004. The agency explains in the rule’s
preamble that this date was selected to allow a reasonable enough time
for all parties to effectively implement the newly required processes
for data retention, investigating, reporting, using data obtained as
part of the hiring decision process, and managing the driver’s
rights processes.
Other points of
note in the Final Rule include:
- In §391.23(i)(2),
the prospective employer will be required to provide the driver with
their previous employer-provided records within 5 days of the driver’s
written request, or within 5 days of having received the information
if the driver request is presented before the investigation information
arrives. The proposed time frame was 2 days;
- In §391.23(j)(3),
the proposed 30 days for a previous employer to respond to a driver
request for a correction of erroneous information in the records to
15 days. Furthermore, if the driver chooses to submit a rebuttal,
the previous employer has 5 days to forward the rebuttal to the prospective
motor carrier employer and to append a copy of the rebuttal to any
other information in the driver’s safety performance history
record;
- In §391.23(e),
the language has been clarified for when the 3-year time period begins
for contacting all of a driver’s previous DOT-regulated employers
-- to define that the 3 years to be investigated and reported on begins
from the date of the employment application;
- In §391.23(f),
a conforming amendment specifies that the prospective employer provide
the previous employer with the driver’s written authorization
to obtain their safety performance history information, often via
a release form. If the driver refuses to provide this written consent,
the prospective motor carrier employer must not permit the driver
to operate a CMV for that motor carrier;
- The FMCSA had
proposed a one-year retention of background investigation information
for all drivers to assist in the enforcement of these new rules. However,
in the Final Rule, this proposed language was not included as the
agency was persuaded that eliminating this requirement would do no
harm – particularly if the driver is not hired, it is not relevant
to safety concerns whether the prospective employer performed the
background checks required by §391.23;
- The FMCSA has
added a clarifying statement in §391.23(i) stating that the required
notification in writing of driver rights may occur anytime prior to
a hiring decision being made, but it must be made in writing to all
applicants, including those not hired.
To ensure the effectiveness
of this rule, the FMCSA will also undertake a number of activities including
among others preparing guidance materials for enforcement of these new
rules and monitor the level of complaints received for non-compliance.
A copy of the March 30 Final Rule can be found by clicking here
for an HTML and
here
for a PDF. If you have any questions about this Final Rule, please
contact Rich Clemente at (703) 838-8847 or by email: rclemente@truckload.org.
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New
Rule Affects LCV Drivers and Training
The Federal Motor
Carrier Safety Administration (FMCSA) issued a Final Rule in the March
30, Federal Register, which establishes standards for minimum
training requirements for the operators of longer combination vehicles
(LCVs), and requirements for the instructors who train these operators.
This ruling is the second of four remaining FMCSA regulatory initiatives
that were part of the DOT lawsuit, which must be issued in final rule
form in the not too distant future. In this ruling, the FMCSA defines
an LCV as any combination of a truck-tractor and two or more trailers
or semi-trailers, which operate on the National System of Interstate
and Defense Highways with a gross vehicle weight (GVW) greater than
80,000 pounds.
The LCV training
requirements specify that motor carriers must not allow drivers to operate
a double or a triple truck until they have received the specific training,
which would apply even if the driver had a state-issued Commercial Driver’s
License (CDL) with a double/triple trailer endorsement. The training
curriculum consists of the following areas:
1) Orientation;
2) Basic Operation;
3) Safe Operating Practices;
4) Advanced Operations; and
5) Non-Driving Activities, such as route and trip planning and cargo
and weight considerations.
This curriculum
overview is detailed as an Appendix to Part 380 – entitled, “LCV
Driver Training Programs, Required Knowledge and Skills.” In addition,
§380.401 specifies that a student who successfully completes LCV
driver training shall be issued a Driver-Training Certificate that must
be included in the individual’s driver qualification file. A copy
of this form in included in the March 30 Register notice as
well.
A “grandfathering”
provision in the Final Rule allows motor carriers to waive the driver-training
requirements if a driver certifies that during the last two years he/she
had:
1) a valid Class
A CDL with a double or triple endorsement;
2) no convictions or suspensions in a CMV for CDL–disqualifying
offenses;
3) no CMV at-fault accidents; and
4) evidence of regular and continuing employment and operation of
an LCV group.
One minor change
in the Final Rule specifies that the driver is not required to have
operated an LCV continuously during the previous two years, nor must
they have operated LCVs exclusively. The driver is required only to
have operated LCVs periodically within the prior two years.
The FMCSA has revised
the requirements for a qualified LCV driver-instructor as the definition
now includes a distinction between classroom instructors and skills
instructors. Motor carriers may use an individual who does not possess
a CDL, a double/triples endorsement or recent commercial motor vehicle
(CMV) driving experience to instruct or test LCV drivers in knowledge
and skills that do not require the actual operation of an LCV or one
of its components. However, only a skills instructor may train or test
driver-candidates in those skills requiring the operation of an LCV
or one of its components.
In February, 1991,
the then Federal Highway Administration (FHWA) granted a contract to
PTDI to develop voluntary criteria for training drivers in the safe
operation of twin 28-foot trailer combination vehicles. The resulting
“Twin Trailer Driver Curriculum” outlines how drivers should
be trained in the safe operation of these vehicles. This curriculum
is available in the public docket and can be accessed at www.dms.dot.gov
in docket #97-2176.
The effective date
of this ruling is June 1, 2004. A copy of the March 30 Register
notice can be found by selecting a link below clicking here
for an HTML and here
for a PDF file. For questions or comments please contact Rich Clemente
at (703) 838-8847 or email: rclemente@truckload.org.
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