By Oliver B. Patton, Washington Editor

States are loosening restrictions on marijuana but that does not mean truck drivers can kick back and light up a joint.

In last November’s election, voters in Washington and Colorado made it legal to possess an ounce of pot and use it for recreation. And Massachusetts joined the 17 other states (and the District of Columbia) that allow medical marijuana.

But marijuana is illegal under federal law, and its use is expressly forbidden for transportation workers, including truck and bus drivers.

“We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program,” said Jim Swart, DOT director of drug and alcohol compliance in a message to the industry.

DOT rules classify marijuana as a Schedule 1 drug that is forbidden to truck drivers.

Swart said Medical Review Officers “will not” classify a positive marijuana test as negative in the states that permit recreational or medicinal use.

The drug testing rules will apply no matter how the difference between federal and state laws is resolved, Swart indicated.

“It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana,” he said in the statement.

According to news reports, the Obama administration is still considering what action, if any, to take in response to the votes in Washington and Colorado.

Federal statistics show that marijuana is a relatively small problem among truck drivers.

The Federal Motor Carrier Safety Administration estimates a 0.6% marijuana usage rate among commercial drivers in 2011, based on random tests.

The estimates for non-random tests such as pre-employment or post-crash do not break out different types of drugs, but do indicate a slightly higher usage rate in general. For instance, the estimate for a positive test for any drug in a random test in 2011 was 0.9%, while the estimate for a pre-employment test was 1.2%.

Meanwhile, FMCSA is pressing ahead with a rule that will create a national clearinghouse for drug and alcohol test results.

The proposed rule, long sought by trucking interests, has been in the works since 2009 and is scheduled to be released by the end of April. Among other things, it will require carriers to query the clearinghouse when screening applicants for a driving job, and annually after they are hired. Third-party service providers could do these searches.

In another drug-related development, trucking interests are pressing Congress to pass a bill that would require DOT to study the use of hair analysis as an alternative to urinalysis.

American Trucking Associations contends that hair analysis is more reliable and accurate than urinalysis.

Source: http://www.truckinginfo.com/news/news-detail.asp?news_id=79168&news_category_id=3&utm_source=Email&utm_medium=Enewsletter

The Hours of Service of Drivers Final Rule was published in the Federal Register on December 27, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. Click on the link below for more information:

http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

CSA is a new FMCSA safety program to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities related to commercial motor vehicles. It introduces a new enforcement and compliance model that allows FMCSA and its State Partners to contact more carriers earlier in order to address safety deficiencies before crashes occur. The program establishes a new nationwide system for making the roads safer for motor carriers and the public alike.

To learn more about CSA and how it affects drivers, click on the “Reference” link on our website. To find out how it impacts motor carriers, click here to be taken directly to the CSA website.

SUMMARY OF FMCSA’S CHANGES TO THE HOURS OF SERVICE REGULATIONS

12/22/2011

On December 22, 2011, FMCSA publicly announced new Hours of Service rule changes.  The key elements of this rule are described below.  This rule will be published in the Federal Register on or around December 30, 2011.

Key Elements of the December 2011 HOS Rule:

Maximum Driving Hours – FMCSA retained the current 11 hour driving time limit, but placed a limit on the number of consecutive driving hours.  No driving may occur if more than 8 consecutive hours have passed since the last break of 30 minutes or more.

Restart – Any restart period must include two consecutive nighttime periods (from 1 a.m. to 5 a.m.), and must be at least 34 consecutive hours long.  Drivers are permitted to use the restart provision only once in any seven calendar days.

14 Consecutive Hour Day (now called Driving Window) – The rule retains a 14 consecutive hour driving window. With a 30 minute rest break, the maximum on-duty time within the 14 hour window is 13.5 hours.

No driving may occur after 14 consecutive hours since coming on duty; non-driving work is allowed past the 14 hour driving window as in the past rule.

Mandatory Rest Break – Drivers will not be permitted to drive if 8 hours have passed since their last break of 30 minutes or more.  (Only 1 break may be required depending upon timing).

Off-Duty in A Parked CMV or In Passenger Seat – The rule allow drivers to record time spent in a parked CMV as off-duty time.  Also, team drivers would be permitted to record up to 2 hours of time spent in the passenger seat of a CMV in operation as off-duty time, if it is just before or after an 8 hour sleeper berth period.

Oilfield Exemption – Waiting time at an oil well or natural gas site will not count toward calculation of the 14 hour window but must be recorded as off-duty on a paper or electronic log.

Egregious Violations – A driver who exceeds, and/or a motor carrier that allows a to exceed, the driving time limit by 3 hours or more be considered to have committed an egregious violation and be subject to the maximum civil penalties of  $2,700 for dirvers and $11,000 for motor carriers for each offense.

Effective Date & Compliance Date – This rule will be effective in late February 2012, and the oilfield exemption change must be implemented by then.  However, interstate motor carriers and drivers will not be required to comply with the remainder of the new rules (restart change, rest break requirement, etc.) until July 1, 2013.

Click here to learn more

Motor carrier data used to calculate SMS scores, such as Vehicle Miles Traveled and Power Unit data needs to be updated.
If your VMT data is 2009 or older, it will not be used in your calculations when the January Safety Measurement System (SMS) snapshot is posted at the beginning of February. The Motor Carrier Registration form, known as the MCS-150, is used to calculate your Unsafe Driving and Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC) percentiles.
FMCSA urges carriers to update MCS-150 forms with 2010 VMT/PU information now or shortly after January 1, 2012 with 2011 data to ensure FMCSA is using the most accurate data available to calculate percentiles.
To update your MCS-150 information, visit Under the “Existing Registration Updates” section, choose the first option – “I need to update my USDOT number registration information or file my biennial update.”
PLEASE NOTE: The SMS website is updated monthly, so your MCS-150 changes will not be reflected on that site until the next monthly update. You can find the schedule of SMS updates at http://ai.fmcsa.dot.gov/SMS/InfoCenter/#question5 MCS-150 updates show up faster on SAFER and the FMCSA Portal websites.

Source: American Trucking Association