Mullen: FMCSA considering inclusion of hair testing results in drug clearinghouse

Jim Mullen speaks at TCA event

The Federal Motor Carrier Safety Administration (FMCSA) is considering whether carriers should include positive drug tests obtained via hair follicle testing in the Drug and Alcohol Clearinghouse, according to Jim Mullen, acting administrator.

Speaking during the Truckload Carriers Association (TCA) Virtual Safety and Security Meeting last week, Mullen said the inclusion of hair follicle testing results is being debated inside the agency.

“There’s an issue with those motor carriers that use hair...

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FMCSA weighing broker-bond enforcement action

Federal regulators are considering whether to begin a formal rulemaking process to enforce the immediate shutdown of truck brokers that fail to pay motor carrier claims.

The comment period for an advance notice of proposed rulemaking (ANPRM), known as “Broker Trust Funds and Surety Bonds,” ended in November 2018 and generated 70 comments. The proposal — as with a petition recently filed by owner-operators on broker transparency — is meant to provide regulatory oversight that carriers contend is...

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Broker transparency violations rare at FMCSA

Owner-operators want regulators to clamp down on brokers that violate federal record-keeping laws, but such violations seem to be extremely rare – at least according to government enforcement data.

Since fiscal year 2014, there has not been a single enforcement action or fine levied related to 49 CFR 371.3, the federal law covering financial record requirements of property brokers in the trucking industry, according to data compiled by the Federal Motor Carrier Safety Administration (FMCSA).

FMCSA...

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FMCSA yet to receive evidence of broker violations

Despite widespread complaints by small business truckers that they are being gouged by freight brokers colluding against them, the industry’s top regulator has yet to see formal evidence backing their case.

“It’s a hot topic now – there were protesters here in D.C., and the President has spoken on some of these issues,” Federal Motor Carrier Safety Administration (FMCSA) Acting Administrator Jim Mullen told attendees of a webinar hosted by the Intermodal Association of North America, or IANA, on...

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Owner-operators seek DOT enforcement of broker regulations

Owner-operators have stepped up their fight for greater broker transparency by formally petitioning the Trump Administration to levy fines on brokers for non-compliance.

“Brokers have been deliberately skirting federal transparency regulations for decades,” said Owner-Operator Independent Drivers Association (OOIDA) President and CEO Todd Spencer. “We certainly don’t think exempting yourself from federal regulations is legal, but this is precisely what is happening. It has to stop.”

A source...

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