From:                              Idealease <davehelge@idealease.com>

Sent:                               Friday, January 23, 2015 2:44 PM

To:                                   mchapman@tricotruck.com

Subject:                          Idealease Safety Bulletin - Are You Sharing Your Driver With Another Company?

 

 

Idealease Safety Bulletin

 

 

SAFETY BULLETIN

 

 

Brought to you by Idealsafe | 847-304-3190 | www.idealease.com

 

 

Are You Sharing Your Driver With Another Company?

 

Does the Federal Motor Carrier Safety Administration address the use of a driver by multiple employers?

 

Answer: Yes, this situation is addressed in a number of ways throughout the regulations; however, it is confusing.  Drivers that work part time, fall into a number of classifications:

  1. Drivers that work for multiple employers on a regular basis.
  2. Drivers who are regularly employed by a motor carrier and occasionally drive for another motor carrier.
  3. An employee of a non-motor carrier and who occasionally or part time drives.

First let's take a look at the driver qualification process:

 

Multiple Employer Drivers

Multiple-employer driver means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier. This definition applies to a driver who regularly works part time for two or more employers. 

If a motor carrier employs a person as a multiple-employer driver (as defined in §390.5 of this subchapter), the motor carrier shall comply with all requirements of this part, except that the motor carrier need not:

  • Require the person to furnish an application for employment in accordance with §391.21;
  • Make the investigations and inquiries specified in §391.23 with respect to that person;
  • Perform the annual driving record inquiry required by §391.25(a);
    • (a)(4) Perform the annual review of the person's driving record required by §391.25(b); or
    • (a)(5) Require the person to furnish a record of violations or a certificate in accordance with §391.27.
    • (b) Before a motor carrier permits a multiple-employer driver to drive a commercial motor vehicle, the motor carrier must obtain his/her name, his/her social security number, and the identification number, type and issuing State of his/her commercial motor vehicle operator's license. The motor carrier must maintain this information for 3 years after employment of the multiple-employer driver ceases.

A driver who is regularly employed by a motor carrier and occasionally works for another motor carrier.

 

§391.65(a) A motor carrier may employ a driver who is not a regularly employed driver of that motor carrier without complying with the generally applicable driver qualification file requirements in this part, if:

  • The driver is regularly employed by another motor carrier; and
  • The motor carrier which regularly employs the driver certifies that the driver is fully qualified to drive a commercial motor vehicle in a written statement which-
    • Is signed and dated by an officer or authorized employee of the regularly employing carrier;
    • Contains the driver's name and signature;
    • Certifies that the driver has been regularly employed as defined in §390.5;
    • Certifies that the driver is fully qualified to drive a commercial motor vehicle under the rules in Part 391 of the Federal Motor Carrier Safety Regulations;
    • States the expiration date of the driver's medical examiner's certificate;
    • Specifies an expiration date for the certificate, which shall be not longer that 2 years or, if earlier, the expiration date of the driver's current medical examiner's certificate; and

A motor carrier that obtains a certificate in accordance with paragraph (a)(2) of this section shall:

  • Contact the motor carrier which certified the driver's qualifications under this section to verify the validity of the certificate. This contact may be made in person, by telephone, or by letter.
  • Retain a copy of that certificate in its files for three years.

A motor carrier which certifies a driver's qualifications under this section shall be responsible for the accuracy of the certificate. The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or is no longer qualified under the rules in this part.

 

An employee of a non-motor carrier who occasionally or part time drives for a motor carrier:

 

A person who drives for one motor carrier (even if it is only one day a month) would not meet the definition of an intermittent, casual, or occasional driver.  The motor carrier must fully qualify the driver and maintain a qualification file as a regularly employed driver.

 

With all of that regulation said, it is still in the best interest of a motor carrier and the best liability protection to require all drivers regardless of employment status to complete a full qualification process with a complete file on each and every driver that operates a commercial motor vehicle.

 

Now, how does the Drug and Alcohol testing regulations address a shared driver?

 

Keep in mind that Drug and Alcohol regulations apply to drivers that operate commercial motor vehicles in excess 26,000 lbs GVWR or are transporting HM in placardable quantities or passengers.

 

Pre-employment testing: There is an exception to pre-employment testing found in CFR 382.301.  However, there are many requirements to the exception and basically you are relying on the compliance of another motor carrier for your own compliance.  As a better practice and your best liability protection, administer a Pre-employment Drug screen to all new drivers regardless of employment classification.

 

Random Testing: When a driver works for two or more employers, in whose random pool must the driver be included?  Answer: The driver must be in the pool of each employer for which the driver works.

 

All other testing, post-accident, reasonable suspicion and follow-up testing would apply as any other driver.

 

And finally, how do the Hours of Service regulations apply to shared drivers?

 

Drivers used by more than one motor carrier:

 

When the services of a driver are used by more than one motor carrier during any 24 hour period in effect at the driver's home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:

  • All duty time for the entire 24 hour period;
  • The name of each motor carrier served by the driver during that period; and
  • The beginning and finishing time, including a.m. or p.m., worked for each carrier.

Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.

 

 

January 23, 2015

 

 

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Five New Seminar Locations Added to the 2015 Idealease/NPTC Safety Seminars!

 

 



 

Register Now for the 2015 Idealease/NPTC Safety Seminars!

 

Idealease, its members and the National Private Truck Council NPTC will again be hosting safety seminars in 2015. The one day seminars this year will focus on basic safety and compliance, regulation changes and CSA.  The seminars and will be provided to all Idealease customers, potential customers and NPTC members at no charge.  The seminar provides important information applicable for both the novice and experienced transportation professionals. To register for an upcoming seminar in 2015 CLICK HERE

 

 

2015 Idealease Safety Seminar Schedule:

 

March 4

Portland, OR

March 5

Seattle, WA

March 17

Chattanooga, TN

 March 18

Atlanta, GA

March 19

Nashville, TN

March 24

Houston, TX

March 25

Lafayette, LA

March 26

Mobile, AL

March 31

Kansas City, MO

April 1

St. Louis, MO

April 2

Memphis, TN

April 7

Cincinnati, OH

April 8

Columbus, OH

April 9

Elkhart, IN

April 14

Linden, NJ

April 14

Phoenix, AZ

April 15

San Leandro, CA

April 16

Lodi, CA

April 21

Santa Fe Springs, CA

April 21

Harrisburg, PA

April 22

Ventura, CA

April 22

Landover, MD

April 23

Baltimore, MD

April 28

Oklahoma City, OK

April 30

Milwaukee, WI

May 5

Kelowna, BC

May 6

Lexington, KY

May 7

Denver, CO

May 12

Tampa, FL

May 12

Detroit, MI

May 14

Minneapolis, MN

May 20

Altoona, IA

June 25

Santa Rosa, CA

October 14

Grand Rapids, MI

October 20

Las Vegas, NV

October 22

San Martin, CA

 

 

 

 

The Idealease Safety Bulletin is provided for Idealease affiliates and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.

 

 

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