Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/269152
Logbook 12 | Overdrive | March 2014 A proposed rule establishing the Commercial Driver's License Drug and Alcohol Clearinghouse would set up a database of CDL holders who have failed or refused a drug test. The rule also would require carriers to upload such informa- tion to the database and to query it when hiring drivers. The Federal Motor Carrier Safety Administration last month published its Notice of Proposed Rulemaking to establish the clear- inghouse, which was required by the MAP-21 highway funding act. "We are leveraging technology to create a one-stop verification point to help companies hire drug- and alcohol-free drivers," said FMCSA Administrator Anne Ferro. In addition to reporting failed drug tests and test refusals and que- rying for new hires, carriers would be required on an annual basis to query the database for current driver employees. Carriers also would be required to report traffic citations for drivers who at the time were under the influence of drugs or alcohol. Medical review officers, substance abuse professionals and consortia and third-party administrators also would be required to report positive drug or alcohol tests and test refus- als to DOT. FMCSA said it hopes to have two levels of queries – full and limited. Full queries would allow carriers to see reportable information in a driver's record and would require written consent from a driver. The limited query would not allow carriers access to specific reportable information, but would allow them to determine if there is information in the database about a driver. The limited query would be used primarily for the annual cur- rent employee screenings, FMCSA said, while the full query would be for pre-employment queries. If a driver refuses to allow consent to query the database, he or she could not drive. Carriers will be required to submit their DOT numbers and the name of the person or persons they authorize to access the clearing- house, and that information would be updated annually, per the rule. Drivers will be allowed to appeal results via administrative review by submitting a written explanation of the clearinghouse's possible error. FMCSA said that while the rule will result in $187 million in annual societal benefits, it also will cost the industry about $186 million annually. The agency is accepting comment on the proposed rule until April 21 via the Federal eRulemaking Portal at regulations.gov; the docket num- ber is FMCSA-2010-0031. – James Jaillet Drug database rule proposed Owner-operators, who are required to participate in a con- sortium for random testing, must identify to FMCSA the consortium or third-party administrator they use to test and authorize that party to submit information to the clearinghouse. CLASS 8 TRUCK ORDERS were 34,403 in January, the second consecutive month with orders above 30,000 and the first time back-to-back months exceeded that mark since 2006, according to FTR Associates, citing preliminary order numbers. January orders improved 56 percent year over year. FTR ASSOCIATES' 2014 forecast for the U.S. trailer market is 240,000 orders, a 2.2 percent increase over 2013. FTR expects dry vans to show a 2 percent year-over-year increase, while reefer vans were predicted to remain flat. Flatbeds, dumps and low-beds were expected to show greater increases as construction and manufacturing improved. KNIGHT TRANSPORTATION end- ed its bid for USA Truck as part of a settlement of a lawsuit filed by USA Truck to end Phoenix-based Knight's attempt to acquire the Van Buren, Ark.-based carrier. Logbook_0314.indd 12 2/26/14 9:47 AM