How to keep up with new trucking regs

I UMBER and building material dealers and whole- b salers maintaining trucks to make deliveries are as subject to recent Federal Highway Administration and Department of Transportation regulations as interstate truckers if they make deliveries in adjoining states.

Keeping up with the phasing in of regulations including postponements and clarifications can be a full time job. The following information should be helpful.

Inspection, Repair & Maintenance: Effective as of Dec. 7 , 1989, all commercial motor vehicles operated in interstate or foreign commerce must pass an annual inspection. The inspection requirement may be met through periodic inspection programs administered by the states, self-inspection, roadside inspection or inspection performed by a licensed commercial garage, as long as the inspection conforms with federal standards (or state if comparable to federal standards). The F'ederal Highway Administration is currently surveying each state to determine whether it has or will have an inspection program that meets the new federal standard.

This regulation applies to any truck crossing statelines. You are considered to be engaging in interstate commerce if you deliver lumber or building materials to a customer in an adjoining state.

Traffic Violations: The Federal Highway Administration has more specifically defined serious traffic violations for commercial truck and bus drivers.

Commercial vehicle drivers moving more than 26,000lbs. on interstate systems could lose driving privileges after two or more convictions of serious traffic violations. These include tailgating, driving l5 or more miles per hour over the speed limit, reckless driving, improper or erratic lane changes and any violation connected with a traffic fatality.

Drivers convicted of two such offenses in a three year period are disqualified from operating a commercial vehicle for at least 60 days. Three serious violations in a three year span extends that to a 120 day disqualification. For the penalties to apply, convicted violations have to occur in separate incidents.

The Commercial Driver's License program will be completely phased in by 1992. Drivers discovered to be submitting false information when applying for a license may be subject to a 60 day disqualification after that time.

Controlled Substance Testing: Federal Highway Administration regulations on controlled substance testing went into effect on Dec. 2l, 1989, for companies with 50 or more drivers. Smaller companies will be required to begin testing by Dec. 21,1990.

Regulations apply to those engaged in interstate commerce. In general, they require that commercial drivers be tested prior to employment, periodically, upon reasonable cause, and after a reportable accident if there is reasonable suspicion of driver drug use or operating a vehicle under the influence of drugs. A commercial motor vehicle is defined as any vehicle with a gross vehicle weight rating of 26,000 pounds or more, any vehicle transporting hazardous materials required to be placarded, or any vehicle designed to transport more than l5 passengers.

Many transportation consultants are recommending companies begin a drug testing program immediately regardless of size. The logic of this recommendation is that with closer driver scrutiny, stricter licensing rules and substance abuse testing, qualified drivers will be harder to come by. Companies not practicing safeguards may end up with those who have problems or poor safety records.

Underground Storage Tanks: As of Dec. 22. 1989. owners and operators of underground storage tanks are required to conduct tank tests or leak detection monitoring for tanks at least 25 years old. This is the first deadline for compliance with the new EPA regulations. Tank owners must notify appropriate government officials of any leaks discovered.

In addition, tank owners and operators must provide government access to test records. Civil penalties up to $25,000 which may be compounded for each tank daily, may be imposed on owners and operators in violation.

Compliance Help Available: Department of Transportation safety kits are available from the American Trucking Associations to help you meet federal trucking regulations. The kit includes forms required in accordance with Section 391.51 of the Federal Motor Carrier Safety Regulations and a copy of the Safety Regulations book. They also have available the 1990 edition of Federal Regulations for Motor Vehicles. Information regarding these is available from the American Trucking Associations, 2200 Mill Rd., Alexandria, Va. 22314. Their customer service number is l-800-ATA-LINE.

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