Final revisions to the DOT regulations governing drug and alcohol testing requirements have been announced. The revisions require testing for additional substances and lower a number of existing thresholds for positive results.
The list of additional substances to be tested for are derived from recently adopted HHS requirements, and add three amphetamine type substances--MDMA, MDA, and MDEA -- as well as 6–Acetylmorphine (6-AM), a marker for heroin use, to the list. In addition, the DOT is adopting the HHS-lowered laboratory testing cutoffs for cocaine, amphetamines, and methamphetamines. The DOT stated that it expects “a significant number of confirmed positive test results for cocaine” and “a 40% increase in screening and a 30% increase in confirmation rates" for amphetamines and methampetamines. The revised DOT regulations, contained in Part 40 of Title 49 of the Code of Federal Regulations, become effective October 1, 2010. The complete announcement appears at 75 Fed. Reg. 49850 (Aug. 16, 2010).
The FMCSA has announced a new interpretation that states may use the existing Unified Carrier Registration fee schedule in assessing and collecting fees for 2010, despite the delay in a final new fee schedule to reflect the removal of towed vehicles from the determination. States will have to base the fees on the number of self-propelled vehicles, not including towed vehicles, owned or operated by the registrant. The FMCSA recognized that not counting towed vehicles means many motor carriers would pay fees based on a smaller number of commercial motor vehicles, thus producing less revenues for the participating States. However, the agency said that once a final fee schedule is effective, participating States that collected Unified Carrier Registration fees under the current fee schedule may then assess and collect the additional balance due under the new schedule.
The announcement appears at 75 Fed. Reg. 9487 (Mar. 2, 2010).
The FMCSA has announced an additional public listening session as it prepares to issue a notice of proposed rulemaking on the DOT regulations governing hours of service requirements for property-carrying commercial motor vehicle drivers. The session begins at 10 a.m. local time Friday, March 26, 2010, in Louisville, Kentucky in conjunction with the Mid-America Trucking Show. Written comments may also be submitted. The announcement appears at 75 Fed. Reg. 9376 (Mar. 2, 2010).
Most provisions of the DOT Regulations on commercial vehicle safety have been inapplicable to interstate commercial passenger vehicles with capacity between 9 and 15 passengers (including the driver) that operated only within 75 miles of their base location. The FMCSA has now amended these DOT Regulations to require, effective June 1, 2010, that such operations comply with the most of the commercial vehicle safety requirements, including vehicle identification, driver qualification requirements, prohibitions against use of alcohol, drugs and other substances, vehicle inspection, repair, and maintenance, and hours of service regulations. The FMCSA noted it expects that most, if not all, such operators will be covered by the short-haul provisions of the hours of service regulations. The commercial driver's license and controlled substances and alcohol testing requirements will not apply to these operations.
The FMCSA stated this action is required by the SAFETEA-LU legislation enacted in 2005. Its announcement appeared at 75 Fed. Reg. 4996 (Feb. 1, 2010).
The FMCSA has announced that its Motor Carrier Safety Advisory Committee (MCSAC) will hold a meeting on February 1-2, 2010, from 8:30 a.m. to 4:30 p.m. Eastern Standard Time “to complete its work of providing information, concepts and ideas to the [FMCSA] relating to the hours of service regulations. The conference call is open to the public by telephone. Oral comments will not be accepted at this meeting, but the FMCSA noted oral comments can be made at previously announced public listening sessions, and written comments can be submitted as noted in the announcement.
The meeting follows the FMCSA settlement agreement with the group Public Citizen and others. That agreement requires the FMCSA to submit proposed hours of service regulations within 9 months,and publish a Final Rule as part of the DOT Regulations within 21 months, after the October 26, 2009 settlement date.
For more information on this meeting concerning the development of new hours of service regulations, see Motor Carrier Safety Advisory Committee Public Meeting, 75 Fed. Reg. 2923 (Jan. 19, 2010).
The U.S. Department of Labor's Wage and Hour Division has announced a consent agreement with a trucking company for payment of more than $1.8 million in back wages for more than 500 employees, and a 3-year debarment from government contracts. The company, mail hauler MT Transportation & Logistics Services Inc. of Bay Shore, N.Y., and the company's officers were cited in an administrative complaint by the Wage and Hour Division for failing to pay their service employees the legally required hourly rates and fringe benefits. Contractors with the government--and those who service such contractors--should pay careful attention to the terms of the relevant contracts to ensure they are prepared to and do comply with any applicable wage and hour mandates including prevailing wage requirements.
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