Truckload Authority - August/September 2018

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Trucking is a zero-tolerance industry. That’s why
the Drug and Alcohol Clearinghouse rulemaking
is so important and why the federal government
needs to allow hair testing as a pre-employment
screening tool. Both of these issues have seemingly
stalled. What’s it going to take to get them off
dead center?
While the electronic logging device mandate has
been a resounding success in the eyes of most industry
stakeholders, various organizations and
associations continue to ask the Federal Motor
Carrier Safety Administration and Congress for
exemptions from the rule. Does TCA feel exemptions
are warranted, or should every carrier have
to abide by the same rule, regardless of the commodity
they transport?
All carriers are subject to the same rules and
regulations; however, there are some exemptions
for equipment and scope of service. TCA supports
Hours of Service regulations that are practical and
that promote a safe environment on our highways.
With that said, I believe sleeper berth flexibility and
an ability to stop the 14-hour clock will improve
safe travels on our highways and eliminate the need
and requests for exemptions. When we are given
the chance to promote flexibility, we need to take
advantage of the opportunity and make our voices
heard. An apt time to do that will be at our Call on
Washington and in any comment period associated
with proposed rulemakings.
The industry has expressed the need for changes
in the Hours of Service, particularly when it comes
to sleeper berth flexibility. In terms of safety and
HOS compliance, why is this flexibility necessary
and do you anticipate the FMCSA will respond and
change the rule?
We at TCA have been talking about the problems
associated with the 14-hour clock and the need for sleeper
berth flexibility since long before the ELD mandate. Now
that ELDs are solidified, the other associations seem to
recognize that there is an issue. Safety on our highways
and safety in the cab of a commercial vehicle are directly
related to the individual behind the wheel. Each one of
those individuals has different sleep habits, different
job functions, different schedules, and different routes.
All those outside influences affect the driver’s need and
schedule for quality sleep. No one rule can determine
when each and every driver should work and/or sleep.
The data that is coming from the use of ELDs will show
that the current “one-fits-all” rule is creating unsafe
conditions on our highways. FMCSA is listening, and
when we can present data that supports this position, I
am sure they will react.
You are correct about zero tolerance. There is no place
in this industry for drugs or alcohol. Some carriers have
found that hair testing uncovers more drug use and for a
longer period. At this time those carriers are also forced
to test urine samples because the regulation does not
recognize hair testing, thereby duplicating their testing
procedures. The Drug and Alcohol Clearinghouse has
been in the works for some time and has made progress;
however, there are still a lot of unanswered questions
about the details. The hair testing has stalled because of
the standards of testing and the process involved. There
are currently several test facilities and they do not all test
the same way. So until a standard is determined, this
method of testing will not be recognized as compliant.
A year ago, during the FY2018 federal budgeting
process, it appeared Congress would include F4A
language into a bill such as the omnibus appropriations
legislation. That didn’t happen and a
year later, the industry — despite a massive lobbying
effort — is still waiting for Congress to tell
individual states they can no longer pass trucking
regulations that are in conflict with federal
rules. What is it going to take to get Congress to
pass the F4A amendment?
There has been a lot of pushback from certain
segments of trucking as to whether the F4A language
is good or bad. There is no good reason for each state
to have different rules and regulations when it comes
to interstate commerce. It is cumbersome and not
productive. This may be one good example of Congress
taking their time to get the rule correct, a good example
of a rule that needs input from members of our industry
speaking up to let their representatives know the effects
of changes in legislation. So to answer your question,
it is going to take our members to speak up and be
heard. You are correct that a lot of effort has been put
forth on this issue. I know Dave Heller and John Lyboldt
have been to the Hill many times on this subject. But
there is no substitute for the voice of a constituent from
a representative’s district. And there you have another
reason to participate in our Call on Washington.
30 Truckload Authority | www.Truckload.org TCA 2018