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Trucking Authority – The FMCSA To Be Shut Down 3-2-10
Wednesday, March 3, 2010
posted by 18 Wheeler 9:58 AM
Hello, Fellow Drivers, After taking a sabbatical from blogging I am back to keep you informed on the latest developments and information to get trucking authority or to have a successful trucking business. Land Line Magazine recently published this article about the FMCSA. It greatly affects the trucking industry. Enjoy the read and remember to be safe out there!
SPECIAL REPORT: DOT to shut down on Tuesday
Friday, Feb. 26, 2010 – As of Tuesday, March 2, a big chunk of the U.S. Department of Transportation will be shut down temporarily because of a lack of funding. Just how long it lasts will depend on Congress.
The stunning news came Friday after the Senate adjourned without passing legislation to extend surface transportation programs that were set to expire Sunday, Feb. 28.
As a result, 4,000 DOT employees will be at home without pay starting Tuesday, leaving only a skeleton crew to deal with matters of immediate safety.
Affected agencies include the Federal Highway Administration, Federal Motor Carrier Safety Administration, Federal Transit Authority and National Highway Traffic Safety Administration.
For truckers, the shutdown will bring business such as audits, authority applications, MCS-150 updates and other paperwork issues to a grinding halt.
The shutdown will not immediately affect scale houses, which are run by state law enforcement agencies. However, because FMCSA provides funding to state agencies for commercial vehicle enforcement, the furlough will put reimbursements in jeopardy.
U.S. Rep. James Oberstar, D-MN, chairman of the House Transportation and Infrastructure Committee, called an emergency press conference on Friday to shed light on the rare occurrence. The last government shutdown happened in 1995 and 1996 over disagreements about appropriations.
“The shutdown of the federal highway program means that the Federal Highway Administration won’t be able to reimburse states for highway or transit funds,” Oberstar told reporters.
The furlough and lack of funding mean no money from FMCSA to fund state commercial vehicle enforcement.
“None of that will happen because there will be no funding for it, and if there is a furlough on Tuesday there won’t be any personnel available for enforcement action,” Oberstar told Land Line.
Oberstar said the shutdown also affects the stimulus funds to states because there won’t be people in federal offices to process grants. He said some states could lose out because of the inaction.
The Highway Trust Fund has been surviving on a series of short-term extensions since the surface transportation law known as SAFETEA-LU technically expired in September 2009.
The U.S. House and Senate have been under tremendous pressure to extend the provisions of SAFETEA-LU beyond Sunday’s deadline.
U.S. Senate Majority Leader Harry Reid, D-NV, asked his colleagues on Friday to lend unanimous consent to a 30-day extension for highway programs offered by the House, but Sen. Jim Bunning, R-KY, did not consent, citing the fiscal ramifications of the $10 billion cost. Bunning’s threat of filibuster caused Reid to adjourn the Senate on Friday for the weekend. Senators are scheduled to return Tuesday with the matter only baby steps closer to resolution.
Oberstar said Friday that in order to get the DOT back to work as soon as possible, he would lend his support in the House to passing the $15 billion Senate version of jobs legislation, HR2847.
The jobs bill contains a provision for shoring up the Highway Trust Fund through the end of 2010. The House originally wanted the highway extension to last only through Sept. 30 as lawmakers work on a five- or six-year highway bill.
Tune in to Land Line and Land Line Now on Monday for continuing coverage of the shutdown and what it means for other agencies.
– By David Tanner, associate editor
david_tanner@landlinemag.com
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Hello, Fellow Drivers! It’s been a while since my last blog but I’m back in the saddle again, so to speak! I want to write to you about a very important aspect of a successful trucking business. That aspect is contracts. I cannot stress enough about the importance of this step in starting a trucking business or developing a trucking business. What do I mean by that? Well, I’ll tell you a real life story that happened recently.
A friend of mine had a thriving trucking business that was built around one customer. They had landed the business on a “verbal agreement” and it never progressed into a contractual agreement because it was working well. The other reason was because the trucking business owner took the advice of their trusted primary driver working this particular account. The primary driver suggested not to move forward with a written agreement because it may rock the boat. After all, this driver was on the job with this customer 5 days a week. Who else would know more than him? This rocked on for 3 and 1/2 years without a misstep. Just this month my friend told me that their “trusted” driver had gotten his own trucking authority. Not only had he done this but while working for my friend, he was passing himself off as a principal owner in the trucking business. He did such a good job that the customer believed him. Once the primary driver’s trucking authority was in place, the customer moved their business into his hands and my friend was literally out of the trucking business overnight. They worked diligently for over two months before this happened to move the customer into a contractual partnership and they refused. So now my friend is out of work and betrayed by the whole incident.
What is the moral of the story? Never, never, never go into a trucking business relationship of any kind without proper contractual paperwork in place. Also, with every driver that either is a W-2 employee or a 1099 (contracted) employee have them sign a non-compete contract as well. Your drivers can never steal your business nor can the customer give their business to a driver. Your attorney can draw the necessary paperwork up for you to protect yourself against this kind of tragedy.
Well, Fellow Truckers, to have a successful trucking business, all the right steps must be in place. It’s my desire that you be on the top of your game in the trucking industry. Be safe out there!
CDL Training And Your Trucking Business Plan
Thursday, August 20, 2009
posted by 18 Wheeler 12:13 PM
Hello, Fellow Truckers!
Today I wanted to give you some information about why a CDL has to be part of your trucking business plan. If you’re going to write a successful trucking business plan and see that plan become a reality, you must first consider obtaining your commercial driver’s license. CDL training can be acquired by attending one of the many trucking schools in the nation. Do some research and find one that is run by a state school or has financial aid available. Once you have gone through the training, you must pass your CDL written test. All of this must be included in your trucking business plan if you are starting out as a beginner in the trucking business. A good trucking business plan is the foundation of a successful trucking business. Below is information obtained from the Federal Motor Carrier Safety Administration. It will give you helpful information on commercial drivers licenses.
COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986
The Commercial Motor Vehicle Safety Act of 1986 was signed into law on October 27, 1986. The goal of the Act is to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways. The Act retained the State’s right to issue a driver’s license, but established minimum national standards which States must meet when licensing CMV drivers.
The Act corrects the situation that existed prior to 1986 by making it illegal to hold more than one license and by requiring States to adopt testing and licensing standards for truck and bus drivers to check a person’s ability to operate the type of vehicle he/she plans to operate.
It is important to note that the Act does not require drivers to obtain a separate Federal license; it merely requires States to upgrade their existing testing and licensing programs, if necessary, to conform with the Federal minimum standards.
The CDL program places requirements on the CMV driver, the employing motor carrier and the States.
THE DRIVER
Drivers have been required to have a CDL in order to drive a CMV since April 1, 1992.
The Federal Highway Administration (FHWA) has developed and issued standards for testing and licensing CMV drivers. Among other things, the standards require States to issue CDLs to their CMV drivers only after the driver passes knowledge and skills tests administered by the State related to the type of vehicle to be operated. Drivers need CDLs if they are in interstate, intrastate, or foreign commerce and drive a vehicle that meets one of the following definitions of a CMV:
Classes of License:
The Federal standard requires States to issue a CDL to drivers according to the following license classifications:
Class A — Any combination of vehicles with a GVWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B — Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
Class C — Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials.
Endorsements and Restrictions:
Drivers who operate special types of CMVs also need to pass additional tests to obtain any of the following endorsements on their CDL:
T – Double/Triple Trailers (Knowledge test only)
P – Passenger (Knowledge and Skills Tests)
N – Tank Vehicle (Knowledge Test only)
H – Hazardous Materials (Knowledge Test only)
X – Combination of Tank Vehicle and Hazardous Materials
If a driver either fails the air brake component of the general knowledge test or performs the skills test in a vehicle not equipped with air brakes, the driver is issued an air brake restriction, restricting the driver from operating a CMV equipped with air brakes.
THE STATES
Knowledge & Skills Tests:
States develop their own tests which must be at least as stringent as the Federal standards. Model driver and examiner manuals and tests have been prepared and distributed to the States to use, if they wish.
The general knowledge test must contain at least 30 questions.
To pass the knowledge tests (general and endorsement), applicants must correctly answer at least 80 percent of the questions.
To pass the skills test, applicants must successfully perform all the required skills (listed in 49 CFR 383.113). The skills test must be taken in a vehicle representative of the type of vehicle that the applicant operates or expects to operate.
This information is given to help new truck drivers stay informed and DOT compliant. Be safe out there!
The trucking industry stands as one of the most enduring institutions in our recent history. Goods need to be transported in large quantities across the country, and truckers are just the men and women to execute that crucial task. They help put food in our mouths and deliver the consumer goods that we enjoy every day. For many young people, the chance to join these elite ranks is worth the time and effort.
Part of that effort includes the successful completion of the commercial driver’s license test. Truckers need this certification before they can operate a semi or some other vehicle that’s nearly as large. The lead up to the CDL test can be stressful for young drivers, but there are plenty of tips and study materials available to help ensure success.
Hello, Fellow Drivers! Are you in a place where you are needing to renew your CDL this year? Maybe you’re a new truck driver and need to pass the CDL requirements test and endorsement tests to apply or keep a job. Well, I found a website that you can use to do just this…practice to pass your CDL test the first time. They have general knowledge tests, and your endorsement exams, air brakes, hazardous materials (haz-mat), passenger, tanker, doubles/triples and combination. The CDL test link is on this cool website that offers the CDL requirements, along with all kinds of trucking resources to help your trip be successful, safe and with on-time delivery. I heard an old riding instructor say one time, “perfect practice makes perfect.”; A new twist on an old saying. Take the time to invest in your future with the right knowledge and you will not waste time retaking your CDL exams. It will pad your pocket later!!! Be safe out there!
Hello Fellow Truckers! We’ve put together a basic overview of the DOT requirements for drug testing. These are standards for the entire trucking industry. Read on!
We are approaching the 20 year anniversary of the federal mandate requiring substance testing and alcohol testing of all CDL drivers. The days when a company could say they didn’t know about the drug testing mandate are long gone – if you don’t have a testing program in place, you are on borrowed time.
Who needs a test? Anyone who operates a vehicle in commerce, which requires its operator to have a CDL, is required to participate in a company based substance and alcohol testing program. Required tests include pre-employment, random, post accident, reasonable suspicion, return to duty and follow-up.
Pre-employment: Required prior to operating a commercial motor vehicle.
Random: Must test 50% of driver positions annually for drugs and 10% for alcohol.
Post Crash: After a “DOT crash” in which the driver is cited for a moving violation and after any fatal crash.
Reasonable Suspicion: Due to observed conduct associated with potential use.
Return to Duty: Required after prohibited conduct and before returning to duty.
Follow-up: Required testing for at least 12 months after prohibited conduct.
Federal rules mandate that owner operators must participate in an outside testing program in order to be in compliance with the random testing requirements. (Also known as a consortium) The vast majority of companies utilize third parties to manage their testing program, which has become the industry norm. There are numerous substance testing Third Party Administrators around the country, but when picking one, be sure to ask about the level of service as they are not all the same.
During a DOT audit, a company’s substance testing program is very closely scrutinized so be in compliance.
Remember, Drivers, it’s about keeping DOT compliant that keeps you profitable and successful in your trucking business.
Trucking Authority – 16 Deadly Sins For New Motor Carriers – Part 3 of 4
Friday, July 3, 2009
posted by 18 Wheeler 12:05 AM
Hello, Fellow Truckers! This blog continues the series on the 16 new regs put out by the FMCSA on 2/17/09. It’s important that as a profitable and successful trucking company that you stay abreast of the changes that affect your bottom line. Below are the new regs 9 – 12. These cover insurance coverage, and qualifying your truck drivers. Stay DOT compliant and you will stay loaded and financially sound. Be safe out there!
9. Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
10. operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
11. Knowingly using a disqualified driver.
12. Knowingly using a physically unqualified driver.
Trucking Authority – 16 Deadly Sins For New Motor Carriers – Part 2 of 4
Thursday, July 2, 2009
posted by 18 Wheeler 12:05 AM
Hello, Fellow Truckers! Here is the second part of this series on the new FMCSA regulations effective 2/17/09. It’s important to make sure you stay compliant in your trucking business. Drivers, the DOT can pull you over randomly, inspect your truck and paperwork and order a safety audit. Make sure you look over this list and get your drug and alcohol policies in place. Also make sure all your drivers are qualified CDL drivers. This is what is covered in this next four regs listed below. As a successful trucking company, you stay on top of the new requirements for trucking authority. Stay tuned for the third part of this series, and stay safe out there!
5. Failing to implement a random controlled substances and/or alcohol testing program.
6. Knowingly using a driver who does not possess a valid CDL.
7. Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
8. Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
Hello Fellow Truckers! It seems that a major change is coming January 30, 2012. Remember when going to get your CDL either for the first time or for renewal? You were simply asked if your medical certification was current? they took your word for it. Those days are about to end. The Federal Motor Carrier Safety Administration issued a final rule that will change the way states verify medical certification for the trucking industry. Once the new ruling takes effect in each state, truckers will be required to present the original or a copy of the current medical examiner’s certification. The state licensing office will then date stamp your certification card and return it to you, the driver. The date-stamped card will be evidence of medical certification for 15 days. The state then has 10 days from the day your card was stamped to enter your information into the CDLIS, or the Commercial Drivers License Information System. The state will be required to keep a copy of the stamped certification card for 3 years from the date the CDL was issued.
Once the date-stamp certification card is entered into the system, trucker drivers won’t have to present the medical card for inpsections or employment. Inspectors will have access to the CDLIS. Motor carriers won’t be able to present the medical card anymore to prove a driver is qualified to get behind the wheel. On January 30th, 2012, all motor carriers will have to include a copy of the CDLIS in their pro-rate book before drivers are allowed to operate a vehicle. If your medical certification expires before your CDL, you will have to get it updated and present it to your licensing office or your CDL will be downgraded after 60 days. Stay on top of your medical certification, Drivers! This is another way we can keep profitable in the trucking business. Be safe out there!!!
3 Things To Achieve Your Own Trucking Authority
Thursday, June 18, 2009
posted by 18 Wheeler 12:01 AM
Ever wonder what it takes besides just going through the motions of the application process for trucking authority? Getting Trucking Authority also requires vision and persistence. It reminds me of a verse in the Bible that says, “without a vision the people perish.” I suggest three things to achieve operating authority. These include writing a business plan for your trucking company. Second, educate yourself on the subject of trucking authority (also called operating authority). Before you can be successful, you have to see yourself and your company succeeding. And third, be persistent.
The first thing you must do when venturing out into the trucking industry is to have a trucking business plan written down. A sort of map of the direction and steps you will take to achieve trucking business ownership. Remember my blog about the 7 things to do before quitting your company job? Well, after those things are behind you, now you must follow a business plan. Your business plan must include all the steps, no matter how many, you will have to take to start a trucking company. Will you incorporate? Will you become an owner/operator first or get your trucking authority? How will you finance your equipment? How much start up money will you need to run for three to four months before seeing a paycheck? What kinds of loads will you haul? Will you stay close to home or go cross country? These are just a few of the things you must write down. Studies show that people who write down their goals are much more likely to achieve those goals than if they didn’t write them down.
Second, get some education and do some research. When I wanted to get into real estate investing, I did some research and found that I needed education about the subject. Then I attended a couple of three day courses on real estate investing basics and property management. Armed with education I was able to direct my efforts into the types of property I wanted to buy and how to manage them once I got them rented. You can find most of what you need online these days. I also suggest talking with people who have achieved success in the trucking business. Consult with experts on certain areas of the trucking industry.
The last thing you will need is some plain ole elbow grease and persistence. Never give up in the face of challenges. Learn to either wait out the problem and it will resolve on its own. Or, brainstorm and find solutions to the problem. Never ignore the challenges you will face. They are opportunities for growth. I call my mistakes and challenges my wisdom makers. Be quick to call on your mentors and experts for help. If you just can’t seem to get around the problem either by waiting it out or by problem-solving, ask someone with more experience. Usually they are quick to offer assistance because they have walked in your shoes.
So, Fellow Truckers, remember to get trucking authority, you need to implement the above three things to be successful in your own trucking business. My wish is that you gain support and motivation from these blogs. Be safe out there!!!!