Special Edition V.42 (June 2020)
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FMCSA Announces Three-Month Waiver – Extends Part 382.301(b)
FMCSA
The FMCSA posted a waiver on June 5th granting a three-month waiver from certain pre-employment testing requirements applicable to employers of commercial motor vehicle drivers. This waiver extends the provision of Part 382.301(b) from 30 days to 90 days in which employers may waive the pre-employment test requirement for drivers who have been out of a random testing pool due to layoff, furlough, or otherwise having been removed from a safety sensitive position. Employers must ensure the exception of Part 382.301 is met, with the extension of time from 30 to 90 days and must comply with the Clearinghouse requirements.
The waiver issue is dated June 5, 2020 and expires September 30, 2020 and is subject to the following terms and conditions:
Terms, Conditions, and Restrictions of the Waiver
This waiver covers employers of drivers subject to the requirements of 49 CFR part 382 for the period beginning at 12:01 a.m. (ET) on June 5, 2020, and continuing through 11:59 p.m. on September 30, 2020.
- (1) Employers must verify that the driver participated in the controlled substances testing specified in § 382.301(b)(2)(i) and (ii) and had no recorded violations of another DOT agency’s controlled substances use regulations within the previous 6 months;
- (2) Employers must comply with the Clearinghouse pre-employment query requirement set forth in 49 CFR 382.701(a);
- (3) Employers must not allow a driver to perform any safety-sensitive function if the results of a Clearinghouse pre-employment query demonstrate that the driver is prohibited from doing so, in accordance with 49 CFR 382.701(d);
- (4) Employers must complete the investigations and inquiries required by 49 CFR §§ 40.25, 382.413, and 391.23;
- (5) Accident Notification. Each employer must notify FMCSA within 5 business days of an accident (as defined in 49 CFR 390.5), involving any driver operating under the terms of this waiver. See 49 CFR 390.15(b) (requiring maintenance of accident registry). Notification shall be by email to MCPSD@DOT.GOV. The notification must specify that the driver was operating under the terms of this waiver and must include the following information:
- i. Date of the accident;
- ii. City or town, and State in which the accident occurred, or closest to the accident scene;
- iii. Driver's name and license number;
- iv. Vehicle number and State license number;
- v. Number of individuals suffering physical injury;
- vi. Number of fatalities;
- vii. The police-reported cause of the accident (if available at time of the report); and
- viii. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations; and
- (6) FMCSA reserves the right to revoke this waiver due to drivers’ involvement in accidents or employers’ failure to comply with the terms of this waiver.
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TMC Survey Shows COVID-19 Impacts on Maintenance Operations
Transport Topics
A survey conducted by American Trucking Associations’ Technology & Maintenance Council in March and April found that the COVID-19 pandemic had little impact on the readiness of the technician labor force for fleets and service providers.
However, the survey showed respondents rated the impact on shop support supplies, such as personal protective equipment — masks and nitrile gloves, and disinfectants — as moderate concerns.
The survey asked fleet executives and service providers a series of questions regarding the impacts of the COVID-19 pandemic on maintenance operations’ labor force, deliveries of fleet equipment and parts, as well as shop support supplies. The questions were posed for the 30-day time frame in March and April as well as projections for the next 30 days.
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Portland TWIC/HAZMAT Enrollment Center to Permanently Close
Transportation Security Administration
MMTA has been notified that, effective at the close of business on Friday, June 26, 2020, the Portland, ME-Lancaster St Universal Enrollment Center will be permanently closing. This TSA location is where HAZMAT and TWIC enrollments and verifications are performed, allowing truck drivers to access certain port locations requiring these advanced background checks.
We have reached out to Senator Collins’ office to get more information and to see if there are any plans to replace this southern Maine location. If not, the closest TSA enrollment centers are located in Bangor and Concord, NH – more than 200 miles apart. We have expressed concern about the burden this will place on drivers who live in southern Maine and will let members know as details develop.
In the meantime, if you have drivers whose TWIC card and/or HAZMAT endorsement expires soon, it might be a good idea to schedule it sooner rather than later in case there is a lag in time for another southern Maine location to develop, if at all.
Please see the
Enrollment Center Locator for additional options to enroll or to sign up to receive further updates from the TSA.
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Maine Truck PAC Golf Tournament RESCHEDULED
MMTA
Originally scheduled for June 10th, the Maine Truck PAC golf tournament has been
RESCHEDULED to September 9, 2020. Below is updated information reflecting this change. If you have already registered/sponsored, your registration, sponsorship and player list will automatically be transferred to the new
SEPTEMBER 9th date. If your schedule in September doesn’t allow you or your team to participate, please let Makala know and she will process your refund.
The Truck PAC golf tournament will again be played at Natanis Golf Course, located on the Webber Pond Road in Vassalboro, on September 9, 2020. Natanis features 36 great holes of golf and will serve as an excellent host for this year’s primary fundraising event for the Truck PAC.
The tournament is designed to be player friendly and will feature an on the course meal – likely a boxed lunch. After golf has concluded, awards and door prizes will be presented and light refreshments and a cash bar will be available if allowed.
Sponsorship opportunities are also available (Major Sponsors $500 or Hole Sponsors $150/hole)
All registrations must be received by September 4th. You can register online at
www.mmta.com/golf. The cost is $500 per team or $125 per player.
Location: Natanis Golf Course, Vassalboro
Registration: 8:00 am
Shotgun Start: 9:00am
Lunch: On the course
We hope you consider supporting the PAC and registering a team of golfers and sponsoring the event. The Truck PAC funds are used to support business-friendly candidates to the Maine Legislature.
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We will keep MMTA members posted as new information comes in. In the meantime, please do not hesitate to email
Tim,
Randy or
Brian if you have questions.
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THANK YOU MMTA ANNUAL SPONSORS
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Maine Motor Transport Association
P.O. Box 857
Augusta, ME 04332-0857
ph: (207)623-4128
fax: (207)623-4096
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