April 2022 by Shelly Jonas

e h T

Operator Volume 52 Issue 4 • April 2022

FAQ Regarding ELDT and FMCSA Clearing House What Violations/Events are the Employer or designated C/TPA required to report to the Clearinghouse? • An Alcohol Confirmation with a concentration of .04% or higher • Refusal to test – Including failing to appear for a test, leaving before the test is complete, failing to provide insufficient sample or failing to appear for a medical examination to evaluate an inadequate ability to provide sufficient samples. • Actual knowledge that a driver has used alcohol on duty or within four hours of coming on duty, used alcohol prior to post accident testing or has used a controlled substance. • Negative return to duty test results – alcohol and drug testing. • Completion of follow up testing. The MRO will report positive drug test results or changes to a verified drug test. The SAP will report the initial assessment and eligibility for return to duty testing. Entry-Level Driver Training (ELDT): Do instructors of entry-level driver training need to register in the Training Provider Registry? No, individual instructors that are hired by registered training providers do not need to register in the Training Provider Registry. Additionally, training providers do not need to provide the names of their instructors when registering. Further, if an individual instructor also intends to act as a training provider in more than one State, they will need to register in each State where training is provided and self-certify that they meet applicable State or local requirements. If a driver had a Class A or B CDL for many years and lets it expire, will the driver be required to complete entry-level driver training to obtain a new CDL? No. Per 380.603(b), if the driver was issued a CDL before February 7, 2022, the driver is not subject to the ELDT requirements if he or she chose to re-obtain a CDL of the same class, even if the previously issued CDL is not currently valid. Is there a mandatory sequence that the specific theory and behind-the-wheel (BTW) training must be taken in? There is no mandatory order in which the theory, behind-the-wheel (BTW)-range, and BTW-public road training must be administered, nor does the rule require that theory training must be completed before obtaining a commercial learner’s permit (CLP). Continued to page 5

See Page 7 for Summer Conference Agenda

2 The Operator

From the President Garrett Regan, Faribault, MN I hope all of you have enjoyed a thaw over the last couple of weeks as we ramp up for a busy spring! As we move forward with the legislative session, we continue to focus on assisting with attracting and hiring safe and reliable employees for our industry. We’ve talked about a few items that are already in process (pre trip modifications, no longer requiring written tests to be re-taken, etc.), but now is the time to think creatively if any other ideas come to mind that will help us to expedite the hiring and training processes. Please let us know if you have any ideas! As we get ready for a busy spring for many of our members, this can be a tall task, especially with the driver shortage. This being said, if it helps, we can think back to a couple years ago when we didn’t have any trips across the State. I think we’d all prefer the busy spring with buses moving and students having the opportunity to play sports and have activities. You’ll all find solutions and things will come together….they always do!

MISSION STATEMENT: THE PURPOSE OF THE OPERATOR IS TO PROVIDE THE MEMBERSHIP OF THE MINNESOTA SCHOOL BUS OPERATORS ASSOCIATION WITH INFORMATION REGARDING CURRENT INDUSTRY ISSUES. THE OPERATOR IS PUBLISHED 11 TIMES A YEAR BY THE MSBOA, 10606 Hemlock St. NW • Annandale, MN 55302. FOR MORE INFORMATION CALL 320-274-8313. FAX: 320-274-8027. Website: www.msboa.com SUBSCRIPTIONS ARE FREE WITH MEMBERSHIP. Additional subscriptions are $24.00 a year. COPYRIGHT 2021 MEMBERS MAY MAKE PHOTOCOPIES OR USE ARTICLES AS NECESSARY PROVIDING THE SOURCE IS CITED. Co-Editors: Shelly Jonas: shellyj@msboa.com VIEWS PRESENTED IN THIS NEWSLETTER MAY NOT NECESSARILY REPRESENT THE OPINIONS OF THE ENTIRE MEMBERSHIP OR ITS BOARD OF DIRECTORS.

Keep up the great work and have a fun spring!

Board of Directors PRESIDENT

Garrett Regan FIRST VICE PRESIDENT

Bethany Schubert SECOND VICE PRESIDENT

Jason Anderson TREASURER

Tom Hey Ex-Officio

Josh Schiffler

Jason Anderson, Big Lake

Tom Hey, Marshall

Garrett Regan, Faribault

Rayme Bernick, Delano

Shelly Jonas, Annandale

Josh Schiffler, Crosby

Eric Burrill, Jordan

Scott Kennedy, Zumbrota - Mazeppa Bethany Schubert, Saint Stephen

763.263.7900/Cell 612.251.8364 jason.anderson@visionmidwest.com

763.972.3991/Cell 612.702.8954 rayme@stahlkebus.com

952.492-2410/Cell eburrill@benjaminbus.com

Ann Casey, St. Louis Park

952.426.7114/Cell 952.797.4936 acasey@adamsvs.net

Connie Grisim, Stewartville 507.533.8775/Cell 507.254.3828 Connie.grisimbus@gmail.com

Doug Grisim, Lake City

651.345.4112/CELL 651.380.9063 douggrisim@gmail.com

507.532.4043 /CELL 507.829.7365 thomashey@iw.net

320.274.8313 / CELL 612.599.0431 shellyj@msboa.com

507.334.5121/ CELL 651.470.7948 gregan@minnesotacoaches.com

218.546.6156 / CELL 612.245.6579 jschiffler@citransportation.com

507.273.2819 skennedy379@aol.com

320.251.1202 / CELL 218.851.2061 bethany@trobecsbus.com

Steve Latour, St. Paul

Kathryn Forbord, Lakeville

651.251.8080 / CELL 651.587.6292 slatour@minnesotacoaches.com

Paul Meyer, Hutchinson

320.234-0888 / CELL 612.281.7375 paulm@hutchbus.com

Michael Putzke, Paynesville 320.243.4455 / FAX 243.4450 putmic@hotmail.com

952.985.7540/ CELL 952.484.6879 kforbord@schmittyandsons.com

Nathan Olander, Detroit Lakes 218.847.7533 njolander@gmail.com

Legislative Update By Scott MacMahon, Flaherty Hood Phone: 651-259-1908 • Email: shmcmahon@flaherty-hood.com

As I write this, we are in the middle of deadline weeks at the Capitol. Each legislative session, the House and Senate set a series of deadlines for when bills must be heard in committees. At the end of this period, and usually two Fridays before Easter, the committees then release and take action on their committee omnibus bills, which is a bill that contains a number of small bills that the committee has heard during the session. This process will then set the stage for the final weeks of the session and final negotiations between the House, Senate, and Governor that must wrap up by May 23. In next month’s article, you will see a recap of issues that the House and Senate have that are of interest to the MSBOA membership. But one thing that I can report on is that the legislature still has not addressed the shortfall in the state’s unemployment insurance pool. This means that most, if not all, of you will see your unemployment insurance costs go up for the next year. If the legislature reaches an agreement to refill the UI fund with state resources, then the Department of Economic and Employment Development will issue new UI statements to all Minnesota employers reducing your balance for the year. Stay tuned for future updates. In addition to our work representing the Association at the legislature, we also spend time and resources representing your interests before regulatory agencies. For the MSBOA, that is typically the Department of Public Safety. One issue we are working with DPS on is the recently announced waiver from the Federal Motor Coach Safety Administration permitting states to apply to remove the under the hood portion from the school bus endorsement knowledge exam. When announced on January 3, FMCSA set the waiver period to run until March 31, 2022 and recently extended to June 30th. Over this time, we have engaged DPS and urged them to apply for the waiver to help operators hire more bus drivers. While we were optimistic that DPS would approve the request to apply for the waiver, we were recently informed that the DPS legal counsel has determined that previously adopted agency rules, which requires a pretrip inspection, precluded DPS from implementing the waiver even if it was approved. We will continue to work with DPS on how we may be able to take advantage of the FMCSA waiver. You may have seen that the house recently passed a sick and safe item bill, requiring on hour of paid said and safe item for every 30 hours worked and would apply to all employers. The senate companion is not expected to receive a hearing rendering it effectively dead this session. A final issue that I know is on many of your minds was the recent teacher strike in Minneapolis and the near strike in St. Paul. It seems, based on public comments from some of the Minneapolis teachers’ union leaders, that a major driving force of the strikes is frustration on the part of union for the state not investing, at the level they deem necessary, in our K-12 systems. Unfortunately, teacher strikes are between the teachers and the districts. The state does not have direct role in those negotiations. Although we have no idea where things are headed, I am intrigued to see if we see more teachers strikes across the country in other large cities.

4 FMCSA Issues New Vision Standard Rule Article by Shelly Jonas

On January 21, 2022, the Federal Motor Carrier Safety Administration (FMCSA) published the Qualifications of Drivers; Vision Standard final rule, allowing individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a commercial motor vehicle without obtaining an exemption from FMCSA (87 FR 3390). The new alternative vision standard eliminates the need for a Federal vision exemption program and allows certified medical examiners, in consultation with an ophthalmologist or optometrist and utilizing the “new” Vision Evaluation Report, Form MCSA-5871, to evaluate and determine whether to grant a Medical Examiner’s Certificate (MEC), Form MCSA-5876, for up to one year. This rule is effective March 22, 2022. The Vision evaluation report is available on the FMCSA website as well as a training video for optometrists and ophthalmologists. Medical examiners should not mark the box requiring a waiver/exemption. Any individuals who currently have a vision exemption will need to be medically qualified with the Form MCSA-5871 by March 22, 2023, that has been signed and dated by an ophthalmologist or optometrist not more than 45 days before the physical qualification examination begins. Medical examiners may qualify these individuals for up to one year and a copy of the Vision Evaluation Report, Form MCSA-5871, must be treated and retained as part of the MER Form for three years. The FMCSA will notify all exemption holders with a letter with the details of the transition.

Updates from Driver and Vehicle Services: Pretrip Expectations: •

Applicants can use the checklist provided to driver when they check in for the test. • Need to point out item being checked. • Explain how you would check the item. • “Looks good or okay” is not acceptable. • Most commonly missed items are those not easy to see. • Please see Chapter 10 in CDL Manual for details about each item to check.

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Third Party Written Tests DPS is currently exploring allowing approved 3rd party skill testers to administer CDL knowledge tests. The following information was shared with members who attended the Safety and Compliance Outreach sessions held in March. • • •

Web Test software for the CDL knowledge tests needs to be purchased by DVS. Memorandum Of Understanding will need to be created. Current 3rd party skill testers will need to apply as a CDL knowledge test proctor

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FAQ Regarding ELDT and FMCSA Clearing House continued from page 1

What will prompt an audit from FMCSA? Will it be random? Too many skills testing failures from a particular site? FMCSA Response: One of the requirements that training providers must meet in order to be listed on the TPR is to allow an audit or investigation of their operations conducted by FMCSA or its authorized representative (§380.719(a)(6)). Training providers must also ensure that all required documentation is available upon request by FMCSA or its authorized representative. FMCSA intends to conduct periodic audits and to investigate any training provider when the Agency receives a complaint or other information concerning the quality or legitimacy of the training provider’s operations. Although a person may be subject to ELDT, are they subject to all of it or just Passenger and School Bus if they just need endorsements? FMCSA Response: •The extent to which the driver-trainee is subject to ELDT requirements depends on whether the individual already holds a CDL. •On or after February 7, 2022, CDL holders seeking a P or S endorsement on their existing CDL must complete the theory and BTW portions of the P and/or S endorsement curricula prior to taking the State-administered skills test in a representative passenger vehicle. •Individuals obtaining a Class A or Class CDL for the first time would need to complete the theory and BTW portions of Class A or Class B curriculum, in addition to the theory and BTW portions of the P and/or S endorsements. Does the Behind The Wheel Assessment have to meet an 80% criterion? FMCSA Response: No. Training providers must determine and document that the driver-trainee has demonstrated “proficiency” in all elements of the (BTW curriculum), unless otherwise noted. The assessment is based on the instructor’s judgement. What are the qualifications for instructors? Behind-the-Wheel (BTW) Holds a CDL of same of higher class with all endorsements and 2 years of experience driving commercial vehicle and has 2 years’ experience as a CMV instructor Theory

Holds a CDL of same or higher class with all endorsements and has 2 years’ experience driving commercial vehicle and has 2 years’ experience as a BTW instructor If an instructors CDL has been cancelled, suspended, or revoked is prohibited from instruction for 2 years following the date the CDL is reinstated. Other issues FMCSA is running into: When a driver has completed training and the trainer is submitting training certification, enter the Class B and endorsements in that order. The process works better when the Class is entered first. Make sure to enter the range and the public road. Backing maneuvers that are done in a parking lot or non-public area would be considered the range for this purpose. MN DVS has updated the driver license status form online so that you can view the entry level driver training to make sure it has been submitted correctly and all endorsements have been entered.

6 National Illegal Passing Survey Article by Lt. Brian Reu

MN will be participating in the National Illegal Passing Survey on April 13, 2022 (If your school is off that day please use April 20th as the alternate). Please have your district’s school bus operators observe and report any instances of motorists illegally passing their school buses, using the Illegal Passing Driver Reporting Form found on the homepage of MSBOA.com. Even drivers who have no “pass-by’s” on the day of the survey should turn in the form so that we can get accurate data on how many pass-by’s occur per day per bus. Please instruct drivers to pay particular attention to the instructions and safety precautions. As always, their primary duty is to the safety of their students. Please have your drivers pay particular attention to the bottom of the form where they are instructed to “report only illegal passes that occur while the bus driver is stopped with red warning lights flashing and stop arm(s) deployed in full compliance with our state training and procedures.” I am asking that each district or operator delegate one person to collect the stats for your operation and submit the results no later than April 30th, 2020. This year I’ve included a couple of additional questions for our State’s interest. Please answer all the questions. Thank you for your help with this important initiative. See msboa.com and use the one day stop arm link.

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MSBOA

2022 Conference Agenda

June 19-22, 2022 Arrowwood Conference Center, Alexandria, MN

Sunday 6/19 4:30pm

MSBOA Board Meeting

Le Homme Dieu

Monday 6/20 8:00-10:00AM 8:00-9:00AM 9:00-10:00AM 10:00-11:00AM 11:00-1:00PM 1:30PM 1:30PM 6:00PM

Vendor Setup Registration Speaker: LT. Brian Reu: Ofﬁce of Public Transportation Safety Vendor Showcase Vendor Show & Round Table Networking MSBOA 9-Hole Golf Tournament Mixer Carlos Creek Winery Trip- Sign up at Registration MSBOA Vendor Night: Food, Friends, and FUNdraising! Social Hour: 6pm; Dinner: 7pm; Rafﬂe: 8pm

Tennis Center Lower Ballroom Tennis Center Lobby Tennis Center

Tuesday 6/21 7:30AM 8:30AM 10:00AM 11:00AM 12:00PM 1:00PM 3:00PM 6:00PM 7:00PM 8:00PM

Breakfast Speaker: Tom Revnew- Changes Under Biden Administration MDE: Funding Options for Transportation Legislative Update/General Business Meeting Luncheon Speaker: Kendria Taylor: The Right Bus, The Right Time; Over Coming Burnout; Building Back Trust; Using Empathy as a Tool for Resilience MSBOA Board Meeting MSBOA President’s Reception Sponsored by Dave Bakken and Jill Hatﬁeld, North Risk Partners MSBOA President’s Banquet Transportation Specialist Awards Ceremony

Wednesday 6/22 8:00AM

Breakfast- on your own at Lake Cafe

Tennis Center Lower Ballroom Lower Ballroom Lower Ballroom Upper Ballroom Lower Ballroom Le Homme Dieu Upper Ballroom

Get Ready for the Clean School Bus Rebate Program! EPA anticipates it will begin accepting applications for Clean School Bus Rebates in late April 2022. While preparing to apply for this program and other future funding opportunities, please keep in mind the following steps: 1. Sign up for Clean School Bus Program on the EPA WEBSITE. These email announcements will have the latest news and developments on program funding and how to apply. 2. Attend a Clean School Bus informational webinar. (Or review a previously recorded session on epa.gov/cleanschoolbus) Learn about Clean School Buses, hear new program information, and access funding opportunities from EPA and other partners. 3. Get started on setting up all required accounts so that your organization is ready to apply on day one of the application period. Organizations applying for funds must have: • An active System for Award Management ( www.sam.gov ) registration for the entity that is applying. Entity registrations are different than having an individual user account on sam.gov. Please check now to ensure your organization is registered in sam.gov and that the registration has not expired. o Even if your organization is actively registered as an entity, be sure to review all registration information, including banking information, to ensure it is accurate. o Note: Sam.gov is transitioning from using a DUNS number to having a new Unique Entity ID (UEI). Organizations applying for rebates must know their UEI. More information on this transition can be found here: https://sam.gov/content/duns-uei o If your organization has no record of a sam.gov registration, expired or active, and needs to create a new registration, the simplest entity registration type that can participate in the Clean School Bus Program is the “Federal Assistance Awards Only” registration. • including:

Points of Contact (POC) listed under your organization’s entity registration in sam.gov,

An Electronic Business POC with a valid email address

A Government Business POC with a valid email address

 EPA highly recommends adding an alternate Electronic Business POC and alternate Government Business POC to your organization’s entity registration on sam.gov.  Note: Only Electronic Business POC (and alternate), and Government Business POC (and alternate) will be able to create, edit, save or submit a Clean School Bus Rebate Application. o POCs with login.gov accounts. The sam.gov POCs noted above can prepare for submitting an application for the Clean School Bus Rebates by registering for a login.gov account with the same email address listed in their POC info on sam.gov. 4. Create a fleet inventory. This information will help you characterize the buses in your fleet to best determine what buses may be the best candidates for replacement with new electric or alternative fuel buses

FMCSA Requests Comments on Oral Fluids Drug Testing Article by Shelly Jonas

The Department of Transportation Office of the Secretary has issued a Notice of Proposed Rulemaking (NPRM) on Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs. With this NPRM, the U.S. Department of Transportation is proposing to amend the transportation industry drug testing program procedures regulation to include oral fluid testing. Comments on this proposal have been extended to April 29th. The full NPRM can be found here: 2022-02364.pdf (govinfo.gov) Here is a summary of the proposal: 1. Permit Oral Fluid testing as an alternative drug testing method for DOT-regulated workplace testing, 2. Harmonize, as needed, with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the U.S. Department of Health and Human Services, 3. Allow direct observation urine collections by any licensed or certified medical professional legally authorized to take part in a medical examination in the jurisdiction where the collection takes place, 4.

Allow MRO staff to contact pharmacies to verify a prescription that an employee provided,

‘Un-cancel’ a test that was ‘cancelled’ by the MRO if circumstances dictate,

6. Allow the use of options of official identification numbers issued by State or Federal authorities to be used instead of Social Security Numbers, 7. Laboratories provide to DOT bi-annually data that is categorized by test reason and specimen type, 8. Laboratories withdrawing from the National Laboratory Certification Program provide DOT with the final data report for the reporting period in which they withdrew, 9.

Laboratories would be required to keep non-negative specimens for only 90 days,

10. Require that the phone number provided on the Federal Drug Testing Custody Control Form for collectors connect directly to the collector and/or the collector’s supervisor and not a general call center, 11.

Remove provisions that no longer are necessary (such as compliance dates),

12.

Remove the ‘cross-reference’ sections found at the end of the ‘subpart’ sections,

13. Add clarifying language to other provisions (such as updated definitions and web links where necessary), and 14.

Allow Substance Abuse Professional (SAP) to conduct evaluations virtually.

Need Legal Help? It’s Just a Phone Call Away! As a valued member of Minnesota School Bus Operator’s Assosication, you are entitled to using Thomas Revnew of Seaton, Peters & Revnew Legal Hotline free of charge. During each six month period, you will be entitled to two free fifteen minute telephone calls to the Hotline. MSBOA encourages you to use this free service. When using the hotline, please follow the following procedure: 1. Call Tom Revnew’s direct dial, which is (952)921-4622. 2. Identify yourself, your company name and that you are a client of MSBOA. 3. If Tom Revnew is not available, please leave a voicemail with the information described above and Tom will return the call as soon as possible. 4. If Tom Revnew is not available and your call is an emergency, please dial “0” when you receive Tom’s voicemail and you will be transferred to the receptionist.

Find Us on Facebook! Minnesota School Bus Operator’s Assosication FCC Announces Wi-Fi Funding The Federal Communications Commission (FCC) has announced what will likely be the last round of Emergency Connectivity Fund funding for eligible schools and libraries to purchase equipment and services such as Wi Fi hotspots, modems, routers, and connected devices (such as laptops and tablets). The application period will be April 28-May 13 and will include equipment and services purchased between July 1, 2022, and December 31, 2023. If you have questions, you can reach out to: Ronna Weber at ExecDir@nasdpts.org

MSBOA LEGAL HOTLINE (952) 921-4622 Tom Revnew at

Peters, Revnew, Kappenman & Anderson, P.A.

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MSBOA Planner MSBOA 10606 Hemlock St. NW Annandale, MN 55302

Save these Dates! MSBOA Summer Conference June 19-21, 2022 Arrowwood Resort