DOT Guidance on Compliance with DOT Drug and Alcohol Testing Regulations

DOT_Guidance_on_Compliance_with_Drug_and_Alcohol_Testing_Regulations.pdf

DOT Guidance on Compliance with Drug and Alcohol Testing Regulations [1]

March 23, 2020

 

This guidance document provides clarity to DOT-regulated employers, employees, and service agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus Disease 2019 (COVID-19).  We, as a Nation, are facing an unprecedented public health emergency that is straining medical resources and altering aspects of American life, including the workplace. The Nation’s transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19.

DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and efficiently during this period of national emergency. Read More»

FMCSA CDL Waiver

Waiver in Response to the COVID-19 Emergency –
For States, CDL Holders, CLP Holders, and Interstate Drivers Operating

Commercial Motor Vehicles

March 24, 2020

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Grant of waiver.

SUMMARY: FMCSA grants, until June 30, 2020, a waiver from certain regulations applicable to interstate and intrastate commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders and to other interstate drivers operating commercial motor vehicles (CMVs). The Agency has initiated this action in response to the President’s declaration of a national emergency under 42 U.S.C. § 5191(b) related to Coronavirus Disease 2019 (COVID-19).

DATES: This waiver is effective March 20, 2020 and expires on June 30, 2020. Read More»

Public comment begins March 20 for ADOT’s Tentative Five-Year Construction Program

Proposed 2021-2025 focus: preservation of the state highway system

PHOENIX – Drivers rely on Arizona’s highway system for their daily commutes, weekend travel, and the delivery of goods and services to their communities. Keeping that system in good repair and functioning well is all part of the Arizona Department of Transportation’s focus during the next five years.

The plan is part of the proposed annual update to ADOT’s lineup of all statewide projects. The 2021-2025 Tentative Five-Year Transportation Facilities Construction Program allocates funding for preservation, modernization and expansion projects.

The public comment period for the 2021-2025 Tentative Five-Year Program begins Friday, March 20, and ends at 5 p.m. Tuesday, June 2. The State Transportation Board will make its final decision in June about what will be in the updated Five-Year Program.

The complete report will be available on Friday, March 20, at azdot.gov for review and comment. ADOT welcomes feedback via an online form that will also be available Friday, March 20, at azdot.gov/tentative5year, by email at fiveyearconstructionprogram@azdot.gov(link sends e-mail) and by phone at 855.712.8530.

The 2021-2025 Tentative Five-Year Program proposes an average of approximately $310 million per year for preservation of bridges and roadways throughout the state highway system. This moves ADOT even closer to its goal of allocating $320 million per year for system preservation. Preservation projects include repaving highways, filling potholes, extending the life cycle of existing pavement, and repairing or reconstructing bridges. Approximately 67 percent of all funding allocated to Greater Arizona will be directed to preservation projects from fiscal year 2021 to fiscal year 2025.

Register Now for the Clearinghouse and Be Ready for January 6

Purchase Query PlanThe FMCSA CDL Drug and Alcohol Clearinghouse will be fully operational on January 6, 2020. Starting on this date, employers, including owner-operators, will need to be registered to:

  • Conduct queries to access a driver’s Clearinghouse record, after obtaining the driver’s consent. Beginning January 6, you will be required to conduct a full query in the Clearinghouse before hiring any CDL driver.
  • Designate a consortium/third-party administrator (C/TPA), if you work with one, which enables your C/TPA to access the Clearinghouse on your behalf. This is a requirement of all owner-operators.
  • Purchase a query plan, which must be in place before you, or your designated C/TPA, can conduct queries.
  • Report violations of FMCSA’s drug and alcohol testing program.

You can prepare for January 6 by registering for the Clearinghouse today. (If you have an FMCSA Portal account, ensure you have the correct Portal user role in place.)

FMCSA Updates SMS Website

FMCSA has updated the CSA SMS Website with the November 29, 2019 results.

Complete SMS results are available to enforcement users and motor carriers that are logged into the SMS. Logged-in enforcement users can view all carrier safety data, while logged-in motor carriers can only view their own data. If you are a motor carrier and do not have login credentials, please click here for more information on how to obtain your PIN.

U.S. Department of Transportation Proposes Major Rule for the Safe Transportation of Liquefied Natural Gas by Rail Tank Car

WASHINGTON – Today, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), announced that it is publishing a notice of proposed rulemaking (NPRM) regarding the transportation of liquefied natural gas (LNG).  The proposed rule will seek comment on changes to the Hazardous Materials Regulations (HMR) to authorize the transportation of liquefied natural gas (LNG) by rail in the DOT-113 specification tank cars.

Continue reading»

Preparing for the Federal Motor Carrier Safety Administration Drug and Alcohol Clearinghouse

Changes to the Data Required on the Federal Drug Testing Custody and Control Form and the Alcohol Testing Form Required by the Federal Motor Carrier Safety Administration

Beginning January 6, 2020

To ensure you are prepared on January 6, 2020, when the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse (Clearinghouse) becomes operational, we want to remind you about an upcoming change related to recording information on the Federal Drug Testing Custody and Control Form (CCF) and Alcohol Testing Form (ATF).

Read more»

DOT needs your help defining ‘agricultural commodity’ and ‘livestock’

Washington — The Federal Motor Carrier Safety Administration is seeking input on whether it should clarify or revise the definitions of “agricultural commodity” or “livestock” in its hours-of-service regulations for commercial truck drivers.

FMCSA made the announcement in an advance notice of proposed rulemaking published in the July 29 Federal Register. Current regulations call for exemptions in HOS requirements during harvesting and planting season in each state. Drivers are exempt in a 150-air-mile radius from the source of that agricultural commodity.

In 49 CFR Part 395.2, FMCSA defines “agricultural commodity” as “any agricultural commodity, non processed food, feed, fiber or livestock.” The agency states that the newly published ANPRM “is prompted by indications that the current definitions of these terms may not be understood or enforced consistently when determining whether the HOS exemption applies.”

The comment period is open until Sept. 27.

In June 2018, FMCSA issued guidance intended to clarify both the agricultural commodities exemption and the “personal conveyance” provision in HOS regulations.

U.S. Department of Transportation Permanently Bans Commercial Drivers Convicted of Human Trafficking

PHOTO: At a San Antonio Walmart lot Sunday morning there was Tractor trailer parked with eight bodies and 30 undocumented immigrants severely injured from overheating inside, Photo Date: 7/23/17

The Department of Transportation has announced a new policy permanently banning any driver convicted of human trafficking from ever driving a commercial vehicle again.

According to a press release, the Federal Motor Carrier Safety Administration (FMCSA) announced the rule on July 16, 2019.

It follows up on the recent passage of the “No Human Trafficking on Our Roads Act,” which President Trump signed into law.

The new policy prohibits anyone who has used a commercial motor vehicle in the commission of a felony involving human trafficking from operating any other commercial vehicles for life.

A list of offenses permanently disqualifying people from driving commercial vehicles that require a commercial driver’s license already exists, but it did not include human trafficking offenses.

“The commercial motor vehicle industry is uniquely positioned to help detect and report human trafficking, and thankfully professional drivers’ efforts often bring an end to these tragic situations. Sadly, however, some human trafficking activities are facilitated by the use of commercial trucks or buses,” said FMCSA Administrator Raymond P. Martinez. “By enforcing a lifetime ban on any CMV driver convicted of severe human trafficking, we aim to deliver a strong and effective deterrent to this abhorrent behavior. If a commercial driver is convicted of using their commercial motor vehicle related to human trafficking—that person will never be driving interstate commercial vehicles again.”