Issue link: https://read.dmtmag.com/i/23783
HOW TO BECOME AN O/O MAX KVIDERA Right Side of the Law It’s important to stay atop the regulation game when running your business hether you lease on with a larger carrier or remain inde- pendent, you’ll need to stay on top of and understand all of the legal requirements. If you have your own authority or are seeking it, you’ll have to deal with three areas — the authority itself, apportioned license plate and your tax account. To run on your own, you’ll need authority, W 16 DEADLY SINS New motor carriers could lose their authority if they fail any of the following safety regulations, or “deadly sins,” as identified by the Federal Motor Carrier Safety Administration. 1. Failing to implement an alcohol and/or controlled substances testing program. 2. Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function. 3. Using a driver who has refused to submit to an alco- hol or controlled substances test required under Part 382. 4. Using a driver known to have tested positive for a controlled substance. 5. Failing to implement a ran- dom 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, requir- ing, permitting or authorizing a driver to drive who is disqualified to drive a com- mercial motor vehicle. 9. Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. 10. Operating a passen- ger-carrying vehicle 30 TRUCKERS NEWS JANUARY 2011 without having in effect the required minimum levels of financial responsibility coverage. 11. Knowingly using a disquali- fied driver. 12. Knowingly using a physically unqualified driver. 13. Failing to require a driver to make a record of duty status. 14. Requiring or permitting the operation of a commercial motor vehicle declared “out- of-service” before repairs are made. 15. Failing to correct out-of-ser- vice defects listed by driver in a driver vehicle inspection report before the vehicle is operated again. 16. Using a commercial motor vehicle not periodically inspected. whether it’s hauling exempt prod- ucts such as fresh produce or seafood that aren’t regulated by the Federal Motor Carrier Safety Administration and doesn’t require a Motor Carrier number or as a for- hire motor carrier, with an active U.S. Department of Transportation number and Unified Carrier Reg- istration, says Carol Pense of The Permit Connection. Once you get the authority, you can run legally in all 48 continental states. Depending on where you want to operate, the states covered on the tag for the apportioned license plate will designate where you can run legally. On the tax side is IFTA, the International Fuel Tax Agreement, that covers fuel tax collection for most states. Three states — Ken- tucky, New Mexico and New York — supplement IFTA with an extra weight-distance tax based on the number of miles you run in those states. Oregon doesn’t participate in IFTA, imposing instead a tax per trip in the state or issuing a permit to collect taxes later based on mile- age over a period of time. “I have noticed a trend in the last couple of years in increased audits,” says Bernadette Schein, owner of Professional Truckers Con- sultants. “I’m seeing much bigger emphasis on the trip reports hav- ing odometer readings and city and state. Fines have been significant lately.” Getting legal takes three to four weeks, Pense estimates. “We try to get the authority process started and, in the meantime, get the license applied for, the appor- tioned tags and the tax accounts,”