Monthly Edition - January, 2021

Maine Motor Transport Association has recently learned that Governor Janet Mills issued Executive Order (EO) 22-R-1 on 12/31/20 which rescinded her original EO that we had reference in our last newsletter regarding expiring credentials. This means that expiring credentials in Maine should be renewed in the customary manner, something that MMTA has been strongly encouraging. The remainder of the article (to the right) regarding the federal waivers for expired CDL’s is accurate.

While this likely has no impact for any MMTA member, we wanted to make sure Members have the latest information.

As always, please contact Tim Doyle or Randy DeVault at 623-4128 if you have any questions regarding compliance issues.
Reprinted from January 6, 2021 E-Newsletter

In Maine, as previously reported, Governor Mills has issued an executive order which extends the expiration of driver licenses for the period of the declared emergency, and for 30 days thereafter. The declared emergency remains in effect and has been extended each 30 days since March.

Federally, FMCSA has issued an extension of the waiver for CDL’s and CLP’s that became effective 1/1/2021 and is set to expire on 2/28/2021. This waiver is outlined in the blue text below.

The Transportation Security Administration (TSA), however, did not renew the exemption for waiver of the Security Threat Assessment (STA) which is required in order to obtain or renew a hazmat endorsement. This exemption expired on 12/31/2020.

The result of TSA not extending their waiver is that expired CDL’s with an HM endorsement will not be valid for the transportation of hazmat. The CDL will remain valid due to the executive order and waiver by FMCSA, but not for the transportation of hazardous materials requiring placard. Essentially the hazmat endorsement is invalid upon expiration of the CDL.

COVID Vaccine - Employer Legal Considerations Webinar Scheduled
Will be held February 8, 2021

As the availability of the COVID vaccine supply ramps up, MMTA members are preparing for the eventuality that trucking's workforce will be eligible to receive the vaccine. We have been getting questions like:

  • Can employers make the vaccine mandatory and, if so, what are the practical implications?
  • If an employer makes it mandatory and an employee refuses, what should employers do?
  • Are there accommodation considerations for those not wanting the vaccine and/or having them take time off to get the vaccine if it is mandatory?
  • If an employer requires the vaccine, are there liability implications for any adverse reactions/complications? Is there any way to limit this liability? Is it different if the vaccines are delivered on-site versus at a clinic they direct employees to?

Learn the answers to these and other legal questions by attending a FREE webinar on February 8, 2021 at 1:00pm. Registration is required through the following link:

Special appreciation goes to Murray, Plumb & Murray for putting this very important information together and for their generosity to make it free to MMTA members.
Drug and Alcohol Supervisory Training Goes Virtual

Regulations require that all persons designated to supervise drivers must receive at least 60 minutes of training on alcohol misuse and 60 minutes of training on controlled substance use. It is important to note that “supervising” drivers is not limited to direct reports, but includes anyone who may oversee drivers such as dispatchers, safety coordinators, and HR support staff.

Maine Motor Transports training also covers drug testing regulations so that you become familiar with how to oversee and carry out the responsibilities associated with drug and alcohol testing regulations.

Our next class on February 5, 2021 is virtual, so you can attend the training from the comfort of your home or office. If you’ve been planning on attending and have not had the time to attend in person, this training is ideal.

Sign up is available online REGISTER HERE or by calling Victoria Evans at 623-4128.
Maine’s Paid Leave Law and Trucking

Maine Motor Transport Association has received numerous calls from members regarding the new Earned Paid Leave (EPL) law that became effective on January 1, 2021 specific to their trucking operations. It is important to note that the new law does not impact employers with 10 or fewer employees or those with a collective bargaining agreement in place as of January 1, 2021.

Employers with more than 10 employees are now required to grant employees 1 hour of.....

For members with only an INTRASTATE operation and or pay by the hour, calculating the rate of pay and determining application of the paid time off law is clear.

MMTA contacted Maine DOL to inquire about INTERSTATE drivers who are paid other than on an hourly basis to determine if the new law applied, and if so how the employer would calculate the rate of pay. Our interpretation of their response is that if the employee is covered by Maine law for unemployment insurance, the paid time off law would also apply to them. The 4-prong test provided by Maine DOL to determine unemployment compensation can be found by clicking on this hyperlink and should be reviewed for each employee:

When EPL is granted, MDOL told us that the rate of pay to be used is calculated by determining the.....

Court Upholds FMCSA Exemption of Trucking From California Rest Break Rules
Transport Topics

The 9th U.S. Circuit Court of Appeals has upheld the Federal Motor Carrier Safety Administration’s 2018 determination that interstate motor carriers are exempt from California’s stringent meal-and-rest-break rules.

“The FMCSA reached this conclusion because California required more breaks, more often and with less flexibility as to timing,” the court’s three-judge panel said in its Jan. 15 opinion.

The California law requires employers to provide a “duty-free” 30-minute meal break for employees who work more than five hours a day, as well as a second duty-free, 30-minute meal break for those who work more than 10 hours a day, and additional 10-minute rest periods every four hours. An employer’s failure to provide the required breaks is a misdemeanor under California law.

Drug/Alcohol Clearinghouse fines set at $5,833 per violation

Drivers, carriers and medical review officers (MROs) could be fined up to $5,833 for each violation of any provisions within the Drug & Alcohol Clearinghouse, according to the latest directive from the U.S. Department of Transportation (DOT).

DOT issued a final rule on Monday that implements the authority of the Federal Motor Carrier Safety Administration (FMCSA) to assess civil penalties for violations of the Clearinghouse, at 49 CFR part 382 subpart G of the code of federal regulations.

“Any employer, employee, medical review officer, or service agent who violates any provision of 49 CFR part 382, subpart G … is subject to a civil penalty not to exceed $5,833,” the rule states.

That amount is more than double the $2,500 per violation that was outlined in much of the guidance issued by nongovernment entities in both the lead-up and implementation of the Clearinghouse over the past two years.


If you can’t wait for the Virtual Annual Banquet and Safety Awards edition of the MMTA Magazine to show up in the mail, you can now view it online! Click on the cover image to the right that will bring you to the awards page and scroll down past the video… or watch the video while you are there!

Congratulations again to all of the award winners and to every member who places safety as their first priority.
Maine Jobs Council Announces First Executive Director

Augusta, ME — The Board of Directors of the Maine Jobs Council is pleased to announce that Ben Lucas will serve as the first Executive Director for the newly created membership-based association. Mr. Lucas assumed his new duties on December 21st.

“The Maine Jobs Council is extremely pleased to announce the hiring of its first Executive Director, Ben Lucas,” said Brian Parke, MJC board member. “Mr. Lucas grew up in Augusta and has considerable experience with Maine political campaigns and public policy. He assumes the leadership of a non-partisan organization dedicated to improving the state’s economy and generating prosperity by supporting foundational jobs in sectors like manufacturing, construction, transportation, energy, farming, fishing, forestry, tourism, and hospitality. Mr. Lucas brings competence, energy, passion, and intelligence to this important work and the Council Board is confident he will do an exceptional job.” Mr. Parke also serves as President and CEO of the Maine Motor Transport Association.

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.