New Hours Of Service Regulations Effective October 1, 2005

On August 25, 2005 the FMCSA published its new Hours Of Service regulations. Read highlights of new rules.  Click here to access a PDF of the new rules.
 

New Driver Investigation Rules

On October 29, 2004, new rules concerning the investigation of commercial motor vehicle driver’s records and background became effective. The highlights of these rules are:

Driving Record

An inquiry must be made into the driver’s driving record during the preceding 3 years. Each State in which the driver held a motor vehicle operator’s license or permit during the preceding 3 years must be contacted. If no driving record exists from a State, the motor carrier must document a good faith effort to obtain such information and certify that no record exists. A copy of the driver’s record or records must be placed in the Driver Qualification File within 30 days of the date the driver’s employment begins. Retain these records for as long as the driver is employed and for 3 years after termination.

Driver Investigation History File

This file must be maintained in a secure location with controlled access. A motor carrier must ensure that access to the data contained in this file is limited to those who are involved in the hiring decision or who control access to the data. The motor carrier’s insurer may have access to the data, except the alcohol and drug information. The data in the file must only be used for the hiring decision. The file must include: A copy of the driver’s written authorization for the motor carrier to seek information about the driver’s Alcohol and Drug History. Copies of responses received from investigations of the driver’s Alcohol and Drug Test Information and the driver’s Safety Performance History. Documentation of good faith efforts to contact previous employers. Records must include the previous employer’s name and address, the date the previous employer was contacted, and the information received from the previous employers. Failures to contact a previous employer, or of them to provide the required Safety Performance History Information must be documented. The Safety Performance Histories received from previous employers for a driver who is hired must be retained for as long as the driver is employed and for 3 years thereafter. A motor carrier must make all records and information in this file available to an authorized representative or a special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or an authorized third party, upon request or as part of any inquiry within the time period specified by the requesting representative.

Driver’s Safety Performance History Request

Records of investigations or the good faith efforts to obtain them must be placed in the Driver Investigation History File within 30 days of the date the driver’s employment begins. Any period of time required to exercise the driver’s due process rights to review the information received and/or request a previous employer to correct or include a rebuttal, is separate and apart from the 30 day requirement. The investigation may consist of personal interviews, telephone interviews, letters, or any other method the carrier deems appropriate. Written records must be made as to previous employers contacted or the good faith efforts to do so. The record must include the previous employer’s name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or failures of previous employers to provide the required information must be documented. Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and keep a copy of such reports in the Driver Investigation History File. For drivers with no previous employment experience working for a D.O.T. regulated employer during the preceding 3 years, documentation that no investigation was possible must be placed in the Driver Investigation History File.

What The Motor Carrier Must At A Minimum Investigate

General driver identification and employment verification information. The data elements of accidents as specified in 390.15 (b)(1) involving the driver that occurred in the 3 years proceeding the date of application. Any accidents as defined by 390.5. Any accident data the previous employer may wish to provide.

Drug And Alcohol Information Investigations

Investigations are required from all previous D.O.T. regulated employers that employed the driver within the previous 3 years from the date of application, in a safety-sensitive function that required alcohol and drug testing as regulated by the D.O.T. Whether within the previous 3 years, did the driver violate the alcohol and drug prohibitions under CFR 49, parts 382 and 40? Did the driver fail to undertake or complete a rehabilitation program prescribed by a substance abuse professional (SAP)? If the previous employer does not know this information, the prospective employer must obtain documentation of the driver’s successful completion of the SAP’s referral directly from the driver. If a driver has successfully completed a SAP’s referral and remained employed by the referring employer, obtain the following information concerning testing violations subsequent to the referral: Alcohol tests of 0.04 or higher. Verified positive drug tests. Refusals to be tested. A prospective employer must provide the previous employer the driver’s written consent for the release of alcohol and drug test information. If a driver refuses to provide written consent, the prospective employer must not permit the driver to operate a commercial motor vehicle.

Previous Employers Must

Respond to each request for D.O.T. information within 30 days after the request is received. Send a response confirming that no data exists if there is no Safety Performance History Information to report. Take all precautions reasonably necessary to ensure the accuracy of the records. Provide specific contact information in case a driver chooses to contact the previous employer regarding correction or rebuttal of the data. Keep the record of each request made and the response for 1 year.

Protecting Confidentiality And Driver’s Rights

The release of information may take any form that reasonably ensures confidentiality, including letter, fax, or email. The previous employer, it’s agents, and insurers must take all precautions reasonably necessary to protect the driver’s Safety Performance History records from disclosure to any person not directly involved in forwarding the records, except the previous employer’s insurer. The previous employer may not provide any alcohol or drug test information to the previous employer’s insurer. The prospective employer must expressly notify, via the application or other documents, drivers with D.O.T. regulated employment the preceding 3 years that he or she has the following rights: The right to review information provided by previous employers. The right to have errors in information corrected by the previous employer and for that previous employer to re-send corrected information. The right to have a rebuttal statement attached to the alleged erroneous information. Drivers who have previous D.O.T. regulated employment history in the preceding 3 years, and wish to review previous employer provided information, must submit a written request to the prospective employer. The request can be made at any time, including when applying, or as late as 30 days after being employed or being denied employment. The prospective employer must provide the information within 5 business days of receiving the written request. If the prospective employer has not yet received the requested information, the 5 business day deadline begins when the requested information is received. If the driver has not arranged to receive the requested records within 30 days, the prospective motor carrier may consider the driver has waived his/her request to review the records. Drivers wishing to request correction of erroneous information received must send the request for correction to the previous employer. The previous employer must either correct and forward the information to the prospective employer, or notify the driver within 15 days of receiving the request that it does not agree to correct to correct the data. All corrected data must be retained as part of the Driver’s Safety Performance History Record and provide it to subsequent prospective employers. There is no need to notify the driver when corrected data is received.

Rebuttal

Drivers wishing to rebut information must send the rebuttal to the previous employer with instructions to include the rebuttal in that driver’s Safety Performance History. Within 5 business days of receiving a rebuttal from a driver, the previous employer must: Forward a copy of the rebuttal to the prospective motor carrier. Append the rebuttal to the driver’s information. The driver may submit a rebuttal without a request for correction or subsequent to a request for correction. The driver may report failures of previous employers to correct information or include the driver’s rebuttal to the FMCSA.

Use Of Information Obtained

The prospective employer must use the information obtained under these rules only as part of deciding whether to hire the driver. The prospective employer, it’s agents, and insurers must take all precautions reasonably necessary to protect the records from disclosure to any person not directly involved in the hiring decision. The prospective employer may not provide any alcohol or drug testing information to the prospective employer’s insurer.

Protection

No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of information obtained may be brought against: A motor carrier investigating the information obtained. A person who has provided information. Agents or insurers, except insurers are not granted a limitation on liability for any alcohol or drug testing information. The above protections do not apply to persons who knowingly furnish false information or who are not in compliance with the procedures specified for these investigations.

Click here to view and purchase the new forms associated with these rule revisions.

Newest Driver Medical Examination Report & Medical Examiner's Certificate Card (FMCSR 391.41)

Regulations requiring an extensive redesign of the truck driver physical form became effective November 6, 2000.  These changes were brought about to decrease the number of errors and misinterpretations which were common with the old form.  The new form is longer and more involved.  However, L & L Transportation Services, LLC has developed a form which is very user friendly for both physician and driver. Our forms incorporate the latest blood pressure threshold revisions which become effective September 30, 2004.

Filing of the Motor Carrier Identification Report
  Form MCS-150
  (FMCSR 390.19)

The FMCSR requires motor carriers to file an MCS-150 not only before the carrier begins operations, but also every 24 months thereafter. The reports are to be filed on a schedule based on the carrier’s USDOT #. The schedule is as follows:

If the next to the last digit of the carrier’s USDOT # is an even number, the motor carrier must file it’s update in the even number years. If it is an odd number, the update is done in the odd number years.

For example, if your USDOT # was 000037, you must first update your MCS-150 by July 31, 2005. If your USDOT # was 000049, you would update by September 30, 2006.

Unsatisfactory = Unfit for all Carriers
(FMCSR 385)

The Federal Motor Carrier Safety Administration (FMCSA) on August 22, 2000 revised Part 385 of the Federal Motor Carrier Safety Regulations (FMCSR) and puts all carriers on the same footing as hazardous materials and passenger carriers.  It requires that all carriers who receive an “Unsatisfactory” rating will be declared “Unfit” and may be ordered to cease operations. Click here to see essential elements of this rule.

An “Unsatisfactory” rating can be devastating to a motor carrier even if the order to cease operation is avoided. “Unsatisfactory” carriers are prohibited from hauling anything under government contract and many shippers will not use such carriers.