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Don't Crowd the Plow - Idealease Safety Bulletin

Dec. 10 2021 Miscellaneous By McCandless Idealease

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This week's Idealease Safety Bulletin provides important information safety around snow plows clearing our roads during the winter season. 

Click here to read the entire bulletin online or access a PDF version to download, read, print and/or distribute to your team through the image below.  Remember to sign up to receive the newest bulletins each week to your email inbox! 

Want to review past bulletins? Click here to access the full archive. 

In this issue:

  • Holiday Driving Tips
  • Alcohol, Drivers, and the Holidays!
  • When is Alcohol Use Prohibited?
  • FMCSA Issues Guidance on Submitting DUIs to Drug and Alcohol Clearinghouse
  • DOT Clearinghouse Annual Query Deadline is Approaching Soon!
  • New FMCSA Annual Inspection of Rear Impact Guards Regulation Went into Effect on Thursday! 

Don't Crowd the Plow

During the winter season, and especially during snow storms, snowplows work around the clock to make our roadways passable and safer for travel.  Drivers who follow too closely can present further hazards, so follow these tips to help provide operators room to safely perform their jobs. 

  • Keep a distance! Snow plow drivers cannot see directly behind their trucks and often they need to stop or back up. Staying a safe distance behind a snowplow will protect you from possible injury, as well as protect your vehicle from the sanding material the plows spread. 
  •  Know where the snowplow is on multi-lane highways. It can be in either lane OR the shoulder. Watch for plows on interstate ramps and 'authorized vehicles only' turnarounds. 
  • Never drive through a snow cloud or whiteout conditions. You cannot be sure if the conditions are caused by crosswinds, or by a snowplow so be patient.  Snowplow operators periodically pull over to allow traffic to pass.  

Remember, snowplow operators exercise a lot of caution and are very safety-cautious, however they need your help! Do your job in helping them help keep our roads clear and don't crowd the plow! 

HOLIDAY DRIVING TIPS

With the holiday season approaching, it is a great time to be extra mindful of our actions in order to make holiday travel safer for all. 

Here are a few reminders to help protect drivers and passengers :

  • Before you start your trip, make sure your vehicle is tuned up and in good shape for travel.
  • Restrain yourself and your passengers properly in seat belts and car safety seats.  Remember, the rear seat is the safest place for children of any age to ride. 
  • Be flexible in setting your travel plans. Leave early if you can avoid the peak traffic hours. If snow is predicted during the time you plan to travel, change your schedule. It is better to reschedule your get-together than to risk the lives of traveling family or friends. 
  • Stay alert when driving. Take plenty of breaks and do not push yourself. If you get tired, pull off the road into a rest area or business, get out of the car for some fresh air, buy something to refresh you, or just relax until you feel revived. If that doesn’t work, find a safe place where you can spend the night.  
  • Keep your speed down. Give yourself plenty of time and distance to react to the traffic around you. Let impatient and aggressive drivers pass you or go through the intersection ahead of you.
  • Pull off the road if you need to use your phone.
  • Always choose a designated driver if there will be any drinking involved with your holiday plans! 

ALCOHOL, DRIVERS & THE HOLIDAYS!

It's a great time to remind drivers of the consequences that drinking can have on their CDL or operator's license, as well as their employment. 

Advise drivers to use caution when indulging and to ensure they have a designated driver at all times.  FMCSA regulations are specific that a CDL driver will be disqualified from operating a CMV for one year if convicted as being under the influence of alcohol while operating ANY type of motor vehicle, and will be disqualified for life after a second conviction. 

When is alcohol use prohibited? 

Alcohol is a legal substance; therefore, the rules define specific prohibited alcohol-related conduct. Performance of safety-sensitive functions is prohibited:

  • While using alcohol.
  • While having a blood alcohol concentration of 0.04 percent or greater as indicated by a breathalyzer test.
  • Within four hours after using alcohol. In addition, refusing to submit to an alcohol test or consuming alcohol within eight hours after an accident or until tested (for drivers required to be tested) are prohibited.


FMCSA Issues Guidance on Submitting DUIs to Drug and Alcohol Clearinghouse

The Federal Motor Carrier Safety Administration has issued guidance on new requirements contained in the agency’s October 7, 2021, final rule on its Drug and Alcohol Clearinghouse.

The guidance notes that the new Clearinghouse rule does not change any of the requirements for employers to query CDL and commercial learner’s permit holders and report drug and alcohol program violations. All requirements previously established by the first Clearinghouse rule remain in place.


But the guidance notes that the new rule includes an update regarding actual knowledge violations. Companies that know that one of their drivers received a DUI while operating a CMV must submit that citation to the Clearinghouse even if the citation does not result in a conviction.  The following question and answer have been added to the Clearinghouse website to summarize this change.

Question
If a CDL driver’s employer is aware that the driver received a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, the employer must report this to the Clearinghouse as actual knowledge of prohibited use of drugs or alcohol. If the citation does not result in a conviction, may the driver petition to have this violation removed from their Clearinghouse record?

Answer
Effective November 8, 2021, an actual knowledge violation, based on the issuance of a citation for DUI in a CMV, will not be removed from the Clearinghouse when the citation does not result in a conviction.

In the final rule published on October 7, 2021 (86 FR 55718), FMCSA clarified that a driver subject to FMCSA’s drug and alcohol use and testing requirements, who has been issued a traffic citation (or another charging document) for DUI in a CMV, has violated 49 CFR part 382, subpart B. Accordingly, the 2021 final rule amends the regulation to state that a report of actual knowledge of prohibited use of drugs or alcohol, based on the issuance of DUI in a CMV, will remain in the Clearinghouse for 5 years, or until the driver has completed the return-to-duty process, whichever is later, regardless of whether the driver is ultimately convicted of the DUI offense. Drivers who are not convicted of the offense may petition to submit documentary evidence of non-conviction to their Clearinghouse record.


New FMCSA Annual Inspection of Rear Impact Guards Regulation Went into Effect on Thursday!

The Federal Motor Carrier Safety Administration has published a final rule to include rear impact guards on the list of items that must be examined as part of the required annual inspection for each commercial motor vehicle.  86 Fed. Reg. 62105 (November 9, 2021).

Section 393.86 of the Federal Motor Carrier Safety Regulations requires rear impact guards to be installed on most CMVs to reduce the incidence of passenger compartment intrusion during underride crashes in which a passenger vehicle strikes the rear of the CMV. In addition, every CMV must be inspected at least once every 12 months.

This final rule amends the Federal Motor Carrier Safety Regulations to include rear impact guards on the list of items that must be examined as part of the required annual inspection for each CMV.  The new requirement went into effect on December 9, 2021.

DOT Clearinghouse Annual Query Deadline is Approaching Soon!

For  information on the FMCSA Drug and Alcohol Clearinghouse visit: https://clearinghouse.fmcsa.dot.gov/

The annual DOT Clearinghouse deadline is only a few weeks away, with annual queries for all DOT-regulated CDL drivers due by January 1, 2022. If you have not yet run a query on each CDL driver you employ, (including yourself if you are an owner-operator) you must do so by this date.

Failure to run these annual queries could lead to fines of up to $2,500 per driver.

Last year we saw the system overwhelmed by the large volume of traffic trying to register and login to the site at the end of the year.  If this occurs in the weeks leading up to the deadline, as projected, it could make it difficult for employers to meet their requirements before the deadline.

*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.