FMCSA Post-Accident Testing: The When and How

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DOT Safety Regulation Update Fast-Fax™
Week of October 3, 2011
Foley Services Your Single Source for DOT Compliance

It is tough to get the call informing you that your driver has been involved in an accident. Minimize this stressful situation by knowing the facts about Post-Accident Testing ahead of time and being assured that Foley is with you providing help at every turn.

Taking care of everything when faced with the aftermath of an accident is an emotional and hectic time. Processing all of the information coming at you can be intimidating. Once the safety of the driver has been established, Post-Accident Testing needs to be addressed. The Federal Motor Carrier Safety Administration (FMCSA) has very clear regulations denoting whether or not your driver is to be tested under federal requirements.

What are the circumstances that require federal testing in Post-Accident situations?

The FMCSA requirements pertaining to Post-Accident Drug and Alcohol Testing are found in 49 CFR, Part 382.303. There you will find the three situations which require

Post-Accident Testing:

  1. If there is a human fatality as a result of the accident, your driver must be tested.
  2. If your driver receives a citation for a moving violation and there is bodily injury that results in medical treatment away from the scene, your driver must be tested.
  3. If your driver receives a citation for a moving violation and there is disabling damage to any of the vehicles involved, your driver must be tested.

The key point in Numbers 2 and 3 is that the driver must first have been issued a citation for a moving violation.

When does my driver need to be tested if testing is required?

FMCSA regulations state testing for drugs and alcohol must take place “as soon as practicable following an occurrence”.

Post-Accident Alcohol Testing must be administered “within eight hours of the occurrence”. However, if alcohol testing is not completed within two hours, the employer must maintain written documentation regarding the reason(s) testing could not occur. If testing is not completed within eight hours, the employer “shall cease attempts to administer an alcohol test and maintain the same record”.

Post-Accident Drug Testing must be administered “within 32 hours of the occurrence”. If testing is not completed within 32 hours, the employer “shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered”.

In any Post-Accident situation, the driver “shall remain readily available” for testing. If one does not remain available, he/she may be “deemed by the employer to have refused to submit”.

Which Custody and Control Form (CCF) do I use?

When federal drug testing is required under FMCSA regulations, a Federal CCF is always needed. It is a good practice to ensure that your drivers have a company specific Federal CCF in their truck.

If federal testing is not required, but your company policy warrants testing, be sure to use a Non-Federal CCF. Using CCFs that were provided specifically to your company is important as they have your company information imprinted on them. This ensures accurate and timely reporting of the drug test results.

How can Foley Carrier Services help me in a Post-Accident situation?

At Foley Carrier Services, we provide “help at every turn”. If an accident should occur, call us right away at (800) 253-5506. Our staff of knowledgeable agents is available to help with post-accident emergencies around-the-clock.

Transportation Ticker

An Overview of DOT Record-Keeping Requirements.

Organized Files Streamline Audits
During Safety Audits and Compliance Reviews, auditors will carefully comb through all the paperwork in your DOT compliance records. By purging unnecessary records and properly organizing your files, you will simplify and streamline the review process.

Drug and Alcohol Testing
Remember all DOT drug and alcohol test (DAT) records must be maintained in a secure location with controlled access. This means all DAT records must be kept in a separate file under lock and key; they should not be stored with personnel files. As the rules make no exceptions for one-driver companies, we advise owner-operators to maintain their DAT files separately as well.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • • Vol. 111, No. 707 • © Foley Carrier Services, LLC. 2011

Truck driving course gets you on the road to a career

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KatlawImagine training, passing a licensing test and having a new job in about a month. That’s entirely possible, says Ed Tanksley, general manager of Katlaw Truck Driving Schools.

“There is zero unemployed in the truck industry,” Tanksley said. “This is something you can learn pretty quickly then go out and make a good income doing.”

The sluggish economy has made driving a tractor trailer an attractive job occupation — so much so that the typical profile of the 30- to 40-year-old white male driver is disappearing, Tanksley said.

“Everybody is doing this now,” he said. “In the past few months, I’ve had three guys here who were around 70, and we put them right to work. I’ve now got several females in class. There are a lot of career changers, people coming out of the construction industry and retirees who aren’t happy being retired. Our demographic is just about everybody, from every kind of background imaginable.”

Since 1996, the Austell-based school has been preparing drivers to hit the road. The intense program includes 160 hours of what students need to know to pass the state’s licensing exam and earn a commercial driver’s license. Classes start at the beginning of each week and include sessions on handling 10-speed transmissions and double clutches, six back-up maneuvers and the details of a 96-point inspection. All of Katlaw’s training is conducted in full-sized sleeper cabs, so students get a feel for the physical space... Continue reading...

The school is in the Threadmill complex (5000 Austell-Powder Springs Road) in Austell.
For information, call 678-945-1900 or go to

Client Alert! New CCFs on October 1

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DOT Safety Regulation Update Fast-Fax™
Week of September 19, 2011
Foley Services Your Single Source for DOT Compliance

The new (2010) Custody and Control Form goes into full-time effect on October 1. If you haven’t already changed over, now is the time.

This week’s Fast-Fax is a special edition Client Alert for all DOT drug and alcohol testing clients, including FMCSA, FTA, PHMSA, USCG, FRA, and FAA clients.

The 2010 Federal Custody and Control Form — which was introduced in October of last year and run in conjunction with the 2000 CCF for the last 12 months — will become the only Federal CCF allowed by the regulations on October 1.

The new CCF contained a number of changes most obviously, it includes a number of boxes to identify the DOT mode of the donor (found in Step One, Section D).

Review Your CCF

We have taken efforts to refit our clients with new CCFs in time for the regulatory change. You, however, should still check to make sure that you are using the correct CCF.

Review your stockpile of CCFs:

  • If you have both old CCFs and the new CCFs discard the old ones, you will no longer be able to use them.
  • If you have DOT CCFs that DO NOT include the boxes identifying DOT mode call Foley Carrier Services at 1-800-253-5506 ext. 0867 and we will furnish you with the correct forms. Once you have received your new forms, discard the old ones.
MRO Changes

While you are reviewing your CCFs please review the MRO information found in Step One, Section B. Discard the forms if your MRO information still reads as the following:

Frederick J. Pope, MD, MRO
Foley MRO Services
655 Winding Brook Drive
Glastonbury, CT 06033

Call Foley Carrier Services immediately at 1-800-253-5506 ext. 0867and we will furnish you with new CCFs.


If you have any questions or if you need assistance in identifying CCFs please call a customer service representative at 1-800-253-5506 ext. 0867.

Transportation Ticker

DeFazio Slams FMCSA Over Mexican Trucks. Representative Peter DeFazio (D-OR) has openly attacked the Federal Motor Carrier Safety Administration over the issue of Mexican trucks traveling on US highways. DeFazio, in a letter made public this week, challenged administrator Anne Ferro over the agency’s failure to respond to issues brought up during an audit of the plan to allow Mexican trucks across the border.

DeFazio also posited that FMCSA was over-reaching; going beyond the limited mandate from Congress to allow Mexican carriers to operate in the United States.

The full text of DeFazio’s letter is available on the Transportation Ticker Blog.

To view it and for the rest of the top indsutry news, visit

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • • Vol. 111, No. 705 • © Foley Carrier Services, LLC. 2011

Werner Enterprises Takes Part in NASDAQ Closing Bell Ceremony

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Greg Werner and Derek LEathers in Times Square

Werner Enterprises (NASDAQ: WERN), a premier transportation and logistics provider, participated in the NASDAQ Closing Bell Ceremony Sept. 19, 2011 at the NASDAQ MarketSite in New York City's Times Square. In honor of the occasion, Greg Werner, vice chairman and CEO of Werner Enterprises, rang the Closing Bell with several key customers in attendance.

"We are very proud to have been able to celebrate our history and achievements by ringing the NASDAQ Closing Bell," Greg Werner said. "As we celebrate our 25th anniversary as a publicly traded company, we are proud of the relationship we hold with our customers, investors and associates. We look forward to reiterating our commitment to all these key stakeholders for many years to come."

Since becoming a publicly traded company on the NASDAQ stock exchange 25 years ago, Werner's total shareholder return has delivered 943 percent, exceeding the total returns of both the Dow Jones industrial average and the S&P 500 index during this same period by more than 100 percentage points.

Greg Werner and Derek LEathers in Times Square

The NASDAQ OMX Group, Inc. is the world's largest exchange company. It delivers trading, exchange technology and public company services across six continents, with more than 3,500 listed companies.

Werner Enterprises, Inc. was founded in 1956 and is a premier transportation and logistics company, with coverage throughout North America, Asia, Europe, South America, Africa and Australia. Werner maintains its global headquarters in Omaha, Nebraska and maintains offices in the United States, Canada, Mexico, China and Australia. Werner is among the five largest truckload carriers in the United States, with a diversified portfolio of transportation services that includes dedicated; medium-to-long-haul, regional and local van; expedited; temperature-controlled; and flatbed services. Werner's Value Added Services portfolio includes freight management, truck brokerage, intermodal, and international services. International services are provided through Werner's domestic and global subsidiary companies and include ocean, air and ground transportation; freight forwarding; and customs brokerage.

Demand for Drivers Brings Changes in Trucking Profession

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By Stephanie Siegel
This email address is being protected from spambots. You need JavaScript enabled to view it.

katlawTractor-trailer drivers are in so much demand that shipping companies have made both the trucks and the lifestyles more comfortable, local truck driving instructors say.

The biggest trucking companies have tractor-trailers with automatic shifts, said Katlaw Driving Schools general manager Ed Tanksley.

“They’re big, comfortable trucks you can sit in and drive all day,” he said. “They’re new trucks, every two or three years, so it’s not going to be broke down on you all the time.”

And these are the companies that hire his graduates, because they carry enough insurance to hire entry-level drivers, he said.

katlaw“They’re knocking down the doors for our students,” Tanksley said. “There is zero unemployment in the truck driving industry for people willing to be gone a little bit. Most have six to 10 offers before they graduate. In the first year they typically make $40,000 with a full benefits package.”

While new drivers won’t be home every night, they usually will get home at least once a week — “more than they used to,” Tanksley said.

These are all reasons the career attracts more women than it traditionally did.

katlawKatlaw, near Austell’s Intermodal Terminal and Thornton Road, teaches women and men in three weeks to pass their commercial driver’s license test.

“The females are a lot of times better than the males are,” said Dave Belmont of Douglasville, a career adviser at Katlaw.

Sometimes a husband and wife decide to drive as a team, some after retiring from other careers, he said. They plan stops... Continue reading...


Maverick Transportation Announces Tuition Reimbursement Program

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August 3, 2011
Contact: Spring Dixon
(501) 955-1255
This email address is being protected from spambots. You need JavaScript enabled to view it.

Maverick Transportation, LLC, recently announced that they will begin a tuition reimbursement program for qualified student drivers. The objective of the new program is to ease the financial burden for new commercial driver’s license graduates employed by Maverick. It also ensures that Maverick maintains strong relationships with valued training facilities throughout the country.

“This rounds out Maverick’s student program and is the final step in assembling the most competitive student training compensation program in the transportation industry,” said Director of Recruiting Brad Vaughn.

Maverick currently has opportunities for new CDL graduates and drivers with experience. There are a variety of over the road and dedicated positions available.

Based in Little Rock, Arkansas and operating over 1,200 units, Maverick provides OTR and dedicated service to the flatbed, glass, dry van, and temperature controlled transportation markets throughout North America. To learn more visit their website at

Pressure Builds for Cell Phone Ban

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Sep 19, 2011 10:40 AM, By Sean Kilcarr, senior editor

Widespread support for a complete ban on cell phone use by commercial truck and bus drivers – both handheld and hands free – is rapidly increasing, following an accident follow-up report issued by the National Transportation Safety Board (NTSB) last week urging the Federal Motor Carrier Safety Administration (FMCSA) to speed up efforts to put such a ban in place.

The NTSB’s recommendation follows its investigation of a March 2010 crash that killed 11 people, which found the tractor-trailer driver cited for causing the accident used his cell phone 69 times in the 24 hours prior to the crash, with four calls made in the minutes leading up to the fatal collision.

“The NTSB determines that the probable cause of this accident was the truck driver’s failure to maintain control of the truck-tractor combination vehicle because he was distracted by use of his cellular telephone,” the group said in its report, adding that poorly designed median barrier and lack of adequate guidance to the states in the form of high-performance median barrier warrants contributed to the severity of the crash.

Though FMCSA already proposed placing such a ban on cell phone use by both commercial truck and bus drivers last December, many feel that effort is moving too slowly.

The National Safety Council (NSC) is one group strongly urging faster adoption of the NTSB’s proposed ban on cell phone use by commercial vehicle drivers, noting that its research indicates that 23% of all crashes each year involve cell phone use.

“We strongly support the NTSB recommendation for a total ban,” said Janet Froetscher, NSC president and CEO, in a statement. “We called for a national ban on all cell phone use among drivers in 2009, recognizing that research shows no safety benefit from hands-free devices. The distraction to the brain from cell phone...
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