Jeff Edwards, a London, Ky.-based driver for Schneider National, has been chosen as the driver for this year's Ride of Pride. Edwards, who has worked at Schneider since 2006, served in the U.S. Marine Corps for 12 years, and was called to active duty in Iraq in 2003. "It is a special honor to be able to drive this truck and to support those in the Armed Forces," said Edwards, "and to work for a company that is so supportive of the men and women who serve their country through military service."
On My 17 & 18, covenant Transport gathered to celebrate its 25-yearanniversary. The company held a reception after the annual shareholders meeting to honor the 2-year employees, which include James Burklow, R.H. Lovin Jr., Mike Owens, David & Jacqueline Parker, Clay Scholl and Stan White.
The celebration continued the next day with a 1980’s celerity and each department was invited to decorate heir space in an 80’s theme. A luncheon was held for all employees and 25th anniversary t-shirts were distributed. In addition to the corporate office celebration, each terminal hosted a luncheon for the drivers.
The company gathered to not only celebrate the outstanding contributions of these individuals, but also the many milestones achieved by the company. David Parker founded Covenant Transport at age 28 with his wife, Jacqueline, and has worked to make it into a$600 million-a-year corporation.
“It’s been a long, hard, joyful, wonderful, emotional ride for the last 25 years,” David Parker said, reflecting on the milestone achieved by his company.
This is a great chance for current students, graduates, and the public to:
- meet with various trucking companies' representatives and learn about employment opportunities;
- view different motor carriers' equipment;
- learn about tax deductions, resume writing, on-line job search, credit union benefits, insurance info and more...
- acquire information about our Truck Driver Training Programs. (CDL Class "A")
Bring your resume and be ready to talk with trucking industry employers. Registration is not required.
Please call 1-800-362-0098 or visit our website for more information: www.hamrickschool.edu.
Thank you very much.
Val Hamrick, M.Ed., M.A.
Vice President/Director of Education
1156 Medina Road
Medina, OH 44256
Call Toll Free: 1-800-362-0098
Accredited member, ACCSC; OH Reg.# 88-02-1147T; Lic. # 155
Notice to Carriers:
In recent weeks, we have received numerous inquiries regarding companies using aggressive marketing tactics to sell supervisor training to employers who may be subject to the Federal Motor Carrier Safety Administration’s drug and alcohol testing requirements. Please note that the FMCSA is not familiar with these companies nor the training they are offering.
49 CFR §382.603 requires supervisors of CDL drivers to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use. The purpose is to qualify supervisors for determining when reasonable suspicion testing is needed.
DOT Safety Regulation Update Fast-Fax™
Week of July 4, 2011
Foley Services Your Single Source for DOT Compliance
The agency also plans to eliminate incorrect use of the term “actual knowledge” and harmonize Part 382 refusal-to-test provisions with Part 40 requirements.
Today, the Federal Motor Carrier Safety Administration (FMCSA) proposed changes designed to clear up “perceived” inconsistencies regarding Schedule I drug use by CMV drivers. The bottom line is that the use of Schedule I drugs by CMV drivers is never permitted.
Change 1: Schedule I Drugs
Here’s why some people are confused. Although 49 CFR Part 392.4 clearly prohibits the use of Schedule I drugs, other parts of the regulations are not so definitive. FMCSA is concerned that some may be interpreting that certain regulations (49 CFR Parts 382.213, 391.41 (b) (12), 391.43(f )) permit the use of Schedule I drugs when recommended by a medical practitioner.
While a physician’s prescription validates the use of other drugs, it does not, nor has it ever, applied to Schedule I drugs. In fact, Schedule I drugs cannot legally be prescribed in the United States. Even when a driver is taking a Schedule I drug as directed by a physician, the Medical Review Officer is not permitted to report a verified negative test result.
Under the proposed changes, the regulations will use the term “non-Schedule I drug” when making an exception for use as directed by a medical professional.
What’s a Schedule I Drug?
Schedule I Drugs are one of five classifications established by the Controlled Substances Act, which regulates the manufacture, possession, use and distribution of certain substances. Schedule I substances are those that have:
- a high potential for abuse;
- no accepted medical use in the U.S.; and
- a lack of accepted safety for use under medical supervision.
At this time, Federal law only allows for the use of Schedule I substances in research, chemical analysis or the manufacture of other drugs. Examples of Schedule I drugs include marijuana, heroin, ecstasy (MDMA), mescaline and peyote.
Medical Examination Form to Be Updated
In conjunction with the regulatory change, FMCSA plans to update the Medical Examiniation Report for Commercial Driver Fitness Determination form. Once the changes are finalized, Foley will update DQF 2: Medical Examiniation Report and DQF 2-1: Medical Examiner’s Instructions and ensure that they are available before the effective date.
Change 2: Refusals
FMCSA is also proposing to clear up an inconsistency between the DOT’s Part 40 and FMCSA’s Part 382 drug and alcohol testing regulations. Part 40 deems refusing pre-employment and return-to-duty tests as violations that require drivers to complete the return-to-duty process. Currently, FMCSA’s 49 CFR 382.211 does not include pre-employment and return-to-duty refusals as violations. The agency is proposing to correct this inconsistency by adding pre-employment and return-to-duty refusals to the prohibitions in 382.211.
Change 3: Actual Knowledge vs. Knowledge
Finally, FMCSA is proposing to replace the term “actual knowledge” with “knowledge” in 49 CFR Parts 382.201 and 382.215 to clarify the regulations. The problem is that “actual knowledge” is defined elsewhere as the observation of alcohol or controlled substances use. Parts 382.201 and 382.215 address test results — not observed use — so the use of the term knowledge is more appropriate.
Comments Due by Sept. 6
U.S., Mexico Ink Cross-Border Trucking Agreement. The United States and Mexico signed a three-year memorandum of understanding this week paving the way for the return of cross-border trucking and the suspension of retaliatory tariffs.
Safety is a major focus of the pilot program, according to the DOT. Mexico-based carriers participating in the pilot will be required to complete a three-stage evaluation process in order to receive permanent operating authority.
The program’s terms and conditions require Mexico-based carriers and drivers to comply with all Federal Motor Vehicle Safety Standards, track hours-of-service compliance with electronic monitoring systems, and submit to drug tests conducted by HHS-certified labs in the U.S. Additionally, the DOT will review complete driving records, and program participants must complete an English language assessment.
Visit www.FoleyServicesBlog.com for more information.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 694 • © Foley Carrier Services, LLC. 2011
DOT Safety Regulation Update Fast-Fax™
Week of June 27, 2011
Foley Services Your Single Source for DOT Compliance
The Federal Motor Carrier Safety Administration continues its highly publicized war against problematic passenger carriers; naming and shaming those shut down. Are cargo-carrying motor carriers next?
FMCSA’s aggressive pursuit of passenger carriers claimed another victim this week. The Agency issued a press release announcing that it had shut down Georgia-based H & W Tour, Inc. for gross violations of the regulations.
The press release revealed that the violations H & W Tour, Inc. committed were so severe that the shut down order was issued only a few hours after the investigation began. Per FMCSA:
“Evidence obtained during a compliance review conducted today by FMCSA Safety Investigators disclosed that H & W Tour, Inc., continued transportation of passengers without federal operating authority and without the required level of insurance. The company failed to conduct pre-employment drug tests on its drivers and institute a random drug and alcohol testing program as required by federal regulations. The company failed to ensure that its drivers comply with hours-of-service requirements, records of duty requirements and driver’s qualification requirements. Buses were not properly inspected, maintained or repaired by the company as required by federal regulations.”
Why Is This Happening?
Obviously, these violations are extremely serious. So why is FMCSA taking such a hard-line? And why now?
The reason lies in the media response to the Bronx Expressway crash in March. Not only was that a particularly deadly accident — 14 killed — but the facts of the accident, especially, the fact that the bus was nearly cleaved in two were, from a media perspective, highly salacious.
It is safe to say that most bus and truck crashes don’t get the media attention that the Bronx expressway crash did and since then, there has been widespread media coverage of the safety of the motor coach industry. In the last month or two virtually every crash involving a bus has made at least the cable news channels if not the nightly network broadcasts.
This has put a lot of pressure on FMCSA. Not only is the agency being held culpable for the accidents it is also finding that the CSA system is a double-edged sword. By posting every violation, even the most minor, on the publicly accessible website, it is being forced to answer to the media — and to Congress — for every violation it allowed to pass.
Are Cargo-Carriers Next?
The key question for the summer will be ‘are cargo-carriers next?’ Unfortunately, there is a distinct possibility that they will be. Late last week, there was a tragic accident near Fallon, NV which has brought the media spotlight squarely on truck drivers.
In this accident, a truck failed to stop at a crossing-gate and plowed into the side of Amtrak’s California Zephyr. At least six people were killed with another two still left unaccounted for.
Already, there have been strong similarities to the Bronx Expressway accident in the media’s response. Within hours of the crash, the Associated Press was dissecting the trucking companies’ CSA scores and looking for previous violations. These were quickly spread around the web and cable news and even were discussed during the nightly network broadcasts.
While it is still early, it looks likely that FMCSA will be forced to respond to this accident with the same strict hand they responded to the bus companies.
What Can You Do?
It is important to understand that, for the foreseeable future, FMCSA is not going to be giving any leeway for moderate to serious violations. While Foley Carrier Services has always endorsed strict regulatory compliance, it cannot be overstated that, right now, you should be crossing every ‘t’ and dotting every ‘i’.
As we reported in Fast-Fax 690, appeals extensions are a thing of the past. If FMCSA finds a serious error with your compliance activity, it is likely you will be immediately shut down (and your company’s name publicly denounced).
We recommend, very strongly, that you perform a self-compliance review of your entire operation. If you have any area where you even think you may have an issue, please give us a call. You can call us toll free at 1-800-253-5506. We will be more than happy to go over any area of the regulations and to help you make sure that you are in compliance.
Late Breaking News. As Fast-Fax was being put to bed this week, we received word that yet ANOTHER passenger carrier had been shut down by FMCSA.
Mr. Ho Charter Service of Bethlehem, PA, was already appealing a fine for not having a random drug testing program when one of its busses crashed, killing the co-driver and injuring 25 more.
During the appeal against the original fine, it was discovered the company had hired two new drivers (those involved in the crash) without requiring a pre-employment drug or alcohol test. It was also discovered that the two drivers had falsified their records. The details of the shut-down were published in an FMCSA press-release.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 693 • © Foley Carrier Services, LLC. 2011
From Gary Pressley
@ Heavy Metal Truck Training
I just received one of those ‘scam calls’ (again). It was a guy calling himself Robert Evans with USA Trucking... telephone number 205-213-3847. When I started asking him too many ‘insightful’ questions, he hung-up.
American Truck Training North, Inc
dba Heavy Metal Truck Training
11098 Clark Road
Inver Grove Heights MN 55077
Thank you Gary for sharing this with CVTA!
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