Avoid Overhead Damage!

Navigating the roads with a truck or trailer comes with its own set of challenges, particularly when it comes to overhead clearances. Overhead damage not only results in costly repairs but can also lead to dangerous situations on the road. In this post, we will explore practical tips and strategies to help truck drivers steer clear of low bridges and overpasses, ensuring a safer journey for themselves and others. By understanding the unique aspects of truck navigation and being vigilant about road conditions, drivers can avoid the pitfalls that turn their vehicles into unexpected convertibles. Join us as we dive into essential insights that every driver should know to protect their cargo and maintain the integrity of their vehicle.

In this issue:

• Do I Need a CDL License to Operate That Truck
• Clearing to Downgrade CDLs Next Monday November 18th
• DOT issues Drug and Alcohol Testing Final Rule on Procedures for Oral Fluid Collections
• Do You Have Other Employees That Want to Receive the Idealease Weekly Safety Bulletin?

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Overhead Damage: How Not to Make a Convertible Out of Your Truck or Trailer!

An overhead damage accident is preventable and can lead to damage to various parts of a truck or trailer, including the roof, sides, front, and rear. Here are some tips to help drivers avoid such incidents:

Verify Directions: When calling your customer for directions to their facility, remember that the person providing directions drives a car daily. They may not be aware of any low bridges or overpasses that could pose a problem for your truck. Be sure to ask whether the route is a truck route and if there are any low clearances to watch for. Ultimately, it’s your responsibility to ensure you avoid damage.

Watch for Posted Clearances: Many underpasses and tunnels have clearances posted ahead of time. Keep in mind that recent roadwork or new asphalt might lower the clearance by a few inches, so remain vigilant around areas undergoing construction.

Don’t Rely on Others: Just because other trucks are navigating a particular route doesn’t guarantee your vehicle will clear the obstacles.

Approach Low Overpasses Cautiously: If you encounter a marked or unmarked overpass that appears low, slow down, activate your four-way flashers, and assess the height. It’s better to stop and check the clearance than risk damage.

Be Mindful of Bridge Design: Remember that many bridges and overpasses are different in height; often, the center is higher than the sides. Pass under in the inside lane where the clearance may be greater.

Assess Road Elevation: Check the elevation of the road on the other side of the bridge. An abrupt incline or decline could create complications. You might fit under the bridge upon entry, but the trailer could be pushed upward into the bridge upon exit due to the elevation change.

Consider Weather Conditions: In winter, snow and ice can reduce clearance and potentially lead to damage, so be extra cautious during these conditions.

Seek Help if Needed: If you cannot navigate under a low overhead and traffic is thick around you, it’s wise to call the police for assistance. Attempting to back up against moving traffic can lead to accidents.

Following these precautions, drivers can significantly reduce the risk of overhead damage accidents.

Do I need a CDL license to operate that truck?

Answer: The regulations relevant to this question are located in FMCSA CFR 383.3.

§383.3 Applicability

(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and all States. The definition of a commercial motor vehicle for this regulation is as follows:

Commercial Motor Vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

a) Has a gross combination weight rating (GCWR) of 11,794 kilograms (26,001 pounds) or more, including a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 4,536 kilograms (10,000 pounds);

b) Has a gross vehicle weight rating (GVWR) of 11,794 kilograms (26,001 pounds) or more;

c) Is designed to transport 16 or more passengers, including the driver; or

d) Is of any size and is used in transporting hazardous materials as defined in this section.

Frequently Asked Questions Addressed by the FMCSA:

May a person operate a CMV wholly on private property (not open to public travel) without a CDL?

            Answer: YES

Do mechanics, salespeople, shop helpers, and occasional drivers need a CDL if they are only test-driving a CMV?

            Answer: YES, if the CMV is operated on a public street, road, or highway.

I have moved. How long do I have to get my CDL reissued by my new state of residence?

            Answer: 30 days.

Do the regulations require CDL for a person driving an empty school bus for a test drive or transport?

            Answer: YES; if the bus is designed to transport 16 or more passengers, or if the bus has a Gross Vehicle Weight Rating (GVWR) exceeding 26,000 pounds, a CDL is required. However, passenger endorsement would be unnecessary since the bus is empty.

A driver operates a tractor with a 26,000-pound GVWR, towing a trailer with a 10,000-pound GVWR for a Gross Combination Weight Rating (GCWR) of 36,000 pounds. Hazardous materials (HM) and passengers are not involved. Is this a CMV, and does the driver need a CDL?

            Answer: No to both questions. Although the vehicle has a GCWR of 36,000 pounds, it is not considered a CMV under any definition in §383.5. Therefore, CDL is not federally required.

Clearinghouse to Downgrade CDLs Monday, November 18

Starting November 18, 2024, the Federal Motor Carrier Safety Administration (FMCSA) will implement changes to the Drug and Alcohol Clearinghouse affecting CDL drivers. Under the new Clearinghouse-II rule, State Driver Licensing Agencies (SDLAs) will be required to downgrade the commercial driving privileges of any driver with a drug or alcohol violation recorded in the system. This downgrade will remain until the driver completes the return-to-duty process.

Key provisions of the Clearinghouse-II rule include:

• SDLAs must check the Clearinghouse before issuing, renewing, upgrading, or transferring CDLs and when handling Commercial Learner’s Permits (CLPs).
• SDLAs are required to review a driver's information upon any updates from FMCSA regarding the driver's status in the Clearinghouse.
• SDLAs that have the necessary legislative authority may voluntarily check the Clearinghouse and downgrade CDLs for drivers in a prohibited status even before the November 18, 2024, compliance date.

Currently, over 170,000 CDL drivers are in a prohibited status due to failed drug tests and non-completion of the federal return-to-duty process. The automatic downgrading of CDLs for drug or alcohol violations will pose additional challenges for companies seeking to attract and retain qualified commercial drivers.

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DOT Issues Drug and Alcohol Testing Final Rule on Procedures for Oral Fluid Collections

The U.S. Department of Transportation (DOT) has issued a final rule amending its drug and alcohol testing regulations. This rule introduces temporary qualification requirements for mock oral fluid monitors, ensures consistent requirements for those who may be present during oral fluid collections, and clarifies how collectors should document that a sufficient volume of oral fluid was collected. These new regulations will go into effect on December 5, 2024.

However, the final rule cannot yet be implemented because no laboratories have been certified by the U.S. Department of Health and Human Services for oral fluid testing.

The final rule clarifies that, under the Department’s May 2023 rule authorizing oral fluid sample testing, a qualified urine collector (49 CFR §40.33) is not automatically a qualified oral fluid collector (49 CFR §40.35), and vice-versa.

Key Provisions of the Final Rule:

1. Mock Oral Fluid Collection Training:
   Section 40.35(c)(2) requires that a "qualified collector" monitor and evaluate an individual’s performance during mock oral fluid collections before that individual can become a qualified oral fluid collector. The qualified collector must have demonstrated knowledge, skills, and experience through one of the following:

• Regularly conducting DOT drug test collections for at least one year;
• Conducting collector training under Part 40 for at least one year; or
• Successfully completing a “train the trainer” course.

1. Training Impossibility:
   DOT acknowledged that, under the current language of §40.35, there are no qualified oral fluid collectors who meet the additional qualifications needed to monitor mock collections. Therefore, no one can currently be considered a qualified oral fluid collector. To address this, DOT has determined that it is appropriate to allow individuals to monitor mock oral fluid collections without meeting the qualifications of a qualified oral fluid collector as specified in §40.35. This adjustment aims to facilitate the timely training of oral fluid collectors.
2. Authorized Persons at Testing Sites:
   The final rule also specifies the individuals permitted to be present at the testing site. These “authorized persons” include:

However, the individuals who may enter the testing site are distinct from those who may witness the collection/testing process.

• The individual being tested;
• The collector, Blood Alcohol Technician (BAT), Screening Test Technicians (STT), and other collection/testing site workers;
• Designated Employer Representatives (DERs);
• Employee and employer representatives authorized by the employer (e.g., pursuant to an employer policy or collective bargaining agreement); and
• DOT agency representatives.

1. Observation of Oral Fluid Drug Tests:
   DOT clarified that, like alcohol tests, oral fluid drug tests are observed tests. As noted in the Notice of Proposed Rulemaking, it was DOT's intention in the May 2023 final rule that the procedures for oral fluid testing would mirror the alcohol testing procedures outlined in §40.223(b), which prohibits anyone other than the BAT, STT, the employee, or a DOT representative from witnessing the test.

*The Idealease Safety Bulletin is provided for Idealease locations 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.