Companies Using Questionable Tactics to Sell Reasonable-Suspicion Training

on .

DOT Safety Regulation Update Fast-Fax™
Week of July 18, 2011
Foley Services Your Single Source for DOT Compliance


Carriers are encouraged to review faxes and mailers closely to determine whether or not they are from the DOT.

There is never a dull moment in the customer service department at Foley. On a typical day our Compliance Specialists juggle phone calls from clients preparing for an upcoming audit, truckers needing permitting or fuel tax preparation help and Designated Employer Representatives (DERS), supervisors and collectors needing drug and alcohol testing assistance and many others. Lately, though, we’ve noticed a disturbing trend.

In recent weeks, our Compliance Specialists have been responding to an unusual number of questions from clients concerned that they may not have met their mandatory Supervisor Reasonable-Suspicion Training requirements. It turns out that companies have been using overly aggressive marketing tactics and the DOT has taken notice.

Closely Review All Communications
In some cases, the companies are trying to fool carriers into believing the message is coming directly from the DOT. In one case, a company is faxing a single sheet with headers like “Compliance Notice” and “2nd Compliance Notice” along with the DOT logo. It’s easy to see why carriers are confused even after the company added a fine-print disclaimer stating that it is not the DOT.

At this time, we are advising clients to closely review all mailers and faxes as many official-looking documents may not have originated from the DOT or any government office. If you need help determining if a notice is legitimate, please do not hesitate to call our customer support team at 800-253-5506, ext. 0869.

Since the most recent round of aggressive marketing focuses on Supervisor Reasonable-Suspicion Training, we wanted to take a moment to assure all of our clients that Foley’s DOT Supervisor Reasonable Suspicion modules and live training programs do meet the mandatory requirements. Therefore, if you have completed live training through us or if you have completed our self-study program, there is no reason to panic.

The DOT’s Response
The DOT is aware of the questionable marketing tactics currently being used by some companies. In fact, just last week the Federal Motor Carrier Safety Administration (FMCSA) issued a bulletin clarifying Reasonable Suspicion Training requirements and alerting carriers about aggressive marketing techniques being used by some training companies. In the notice, FMCSA reminded carriers that the agency does not certify or approve trainers, training companies or curriculum.

Reasonable-Suspicion Training Requirements
As most Fast-Fax readers know, the Federal Motor Carrier Safety Regulations (FMCSRs) require supervisors of safety-sensitive employees to complete 60 minutes of training on the signs and symptoms of alcohol use and 60 minutes of training on the signs and symptoms of controlled substances use. This training, required by 49 CFR Part 382.603, qualifies and prepares supervisors to make reasonable-suspicion testing determinations.

Ultimately, it’s the carrier’s responsibility to ensure that the Supervisor Reasonable- Suspicion Training meets the requirements outlined in 49 CFR Part 382. Proof of training, such as a signed and dated training certificate, should be kept on file.

Call If You Have Questions
If you have any questions about Supervisor Reasonable-Suspicion Training or any other aspect of your DOT drug and alcohol testing program, please call a Foley compliance specialist at 800- 253-5506, ext. 0869.

Transportation Ticker

HVUT Filing Deadline Delayed. The Internal Revenue Service (IRS) recently announced that it was giving truckers and owners of other heavy highway vehicles a three-month extension to file their highway use tax return. The deadline, which is usually August 31, has been pushed back to November 30, 2011. Additionally, the IRS will not be accepting HVUT returns or payments before November 1.

No, the IRS didn’t arbitrarily decide to give truckers a break. The delay was designed to eliminate confusion and the possibility of multiple filings in the event that Congress modifies the highway use tax after the traditional filing deadline. The highway use tax is due to expire on September 30 of this year.

Visit for more information.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • • Vol. 111, No. 696 • © Foley Carrier Services, LLC. 2011

SCAM Alert July 22, 2011

on .

This one is specially disturbing as it is more believable than previous scammers:

From Roger Rollins, Great Lakes  Truck Driving School:

One of my reps in the office took this call the other day. I knew Marten did not accept grads so I called Marten to verify that it was not them and they had no idea who this person was posing as a Marten recruiter. This is the info the guy gave us, this is the email that one of my employees sent me, I copied and pasted it for you:

"I received a call from Marten Transport this morning, looking for drivers (both new graduates and experienced). 

They are looking for 4 drivers immediately and 14 more within the next 2 weeks.  Here are the particulars...

Contact:  Jim Snow...
Training period & pay:  4 weeks @ $400/week
Solo pay rate:  $.28/mile
Felonies:  over 5 years old
DUI:  over 3 years old
Points:  8 points maximum
Equipment:  International 10-speed w/ 53' dry van
Endorsements: HazMat
Hiring area:  East & South...running lower 48"

As we have discovered this was a complete fraud just searching for contact information on entry level drivers to scam.


on .

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."

Covenant Transport – 25 Year Anniversary Celebration

on .

Covenant 25th AnniversaryOn 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.

For more information, contact Covenant Transport: This email address is being protected from spambots. You need JavaScript enabled to view it. or 423-463-3847

Annual Truck Driving Career Fair on Thursday, July 21st - Hamrick School, Ohio

on .

Hamrick School invites you to attend the Annual Truck Driving Career Fair on Thursday, July 21st, from 3:00 pm to 6:00 pm at 1156 Medina Rd., Medina, OH 44256.

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:

Thank you very much.



Val Hamrick, M.Ed., M.A.
Vice President/Director of Education
Hamrick School
1156 Medina Road
Medina, OH  44256

Call Toll Free:  1-800-362-0098

Accredited member, ACCSC; OH Reg.# 88-02-1147T; Lic. # 155

Carriers Alerted to Aggressive Marketing Attempts to Sell Supervisory Training for Drug and Alcohol Testing Requirements

on .

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.

FMCSA Proposal Eliminates Confusion on Schedule I Drug Use by CMV Drivers

on .

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
FMCSA is accepting comments on the proposed changes through September 6, 2011. To comment, or to read what others have to say, visit and search for Docket No. FMCSA-2011-0073. To request a PDF copy of the proposal, send an email to This email address is being protected from spambots. You need JavaScript enabled to view it..

Transportation Ticker

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 for more information.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • • Vol. 111, No. 694 • © Foley Carrier Services, LLC. 2011