Monthly Edition (July 16, 2020)
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FMCSA Extends Emergency Declaration
FMCSA
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Canadian Border Officials Collecting Truckers' Personal Information
Heavy Duty Trucking
Commercial drivers crossing the border into Canada at some border checkpoints are being asked by Canadian officials to divulge personal email addresses and cell phone numbers. The requests for personal contact information are part of a new initiative to track travelers entering Canada to slow the spread of COVID-19.
Luke Reimer, a communications adviser for Canada Border Services Agency's Western Canada division, confirmed via email that the personal information requests are part of a new pilot project to enhance contact tracing capabilities.
"...As of June 30, in conjunction with Public Health Agency of Canada (PHAC), the CBSA launched a pilot project to collect contact information from persons who are exempt [truck drivers] from quarantine by virtue of falling within one of the exemptions in section 6 of Order in Council 2020-0523," he wrote. "This is so these exempt persons may be contacted during the 14-day period that begins on the day on which they enter Canada."
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CBSA Expands Personal Data Collection Policy to 12 More Border Points
APTA
(TORONTO, July 9, 2020) -- The Canada Border Services Agency (CBSA) just released an expanded list of Canada-US ports of entry – 18 in total – which will be collecting contact information for all travellers (symptomatic and asymptomatic), including truck drivers, starting tomorrow, July 9.
Earlier today, the Canadian Trucking Alliance clarified the increased powers of public health officials to collect the personal information of truck drivers at an initial six Canadian ports of entry (POE) when crossing into Canada. Although the policy was expected to take a phased approach and roll out to additional ports in the coming weeks, CTA was advised this afternoon that travellers crossing 12 additional ports of entry will be required to provide their contact information as well, starting July 9.
On top of the ports which began collecting contact information from truck drivers on June 30 (St Stephen 3rd Bridge; St-Armand/Philipsburg; Lansdowne; Queenston-Lewiston Bridge; Coutts; Pacific Highway) the following ports will follow suit:
- Woodstock Road
- St Stephen
- Stanstead
- St-Bernard-de-Lacolle
- Sault Ste. Marie
- Prescott
- Windsor/Detroit Tunnel
- Peace Bridge
- North Portal
- Emerson
- Abbotsford-Huntingdon
- Aldergrove
Border Services Officers (BSO) are expected to input personal contact information for persons exempt from quarantine, including their email address, principle phone number and secondary phone number (if applicable) into a database that is managed by PHAC. Once collected, the information will automatically be entered into the system and not have to be taken when the driver crosses next.
Travellers who refuses to provide their information will be advised by a BSO they could be subject to additional measures, such as a requirement to undergo a health assessment. They could also be charged with an offence under the Quarantine Act. Alternatively, local police in a specific jurisdiction can issue a ticket under the Contraventions Act. If the exempt traveller continues to refuse providing their information, they will be referred to a PHAC quarantine officer.
“Like everything else in this COVID-19 environment, events at the border as well as responses to mitigate the spread of the virus remain very fluid,” said Lak Shoan, Director of Policy and Industry Awareness Programs for CTA. “CTA will continue to update the industry accordingly and work with the governments to keep the economy moving while protecting the privacy and health and welfare of our professional driving community.”
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Notice of Enforcement Discretion Issued for D&A Testing
MMTA
On July 6, 2020, FMCSA issued a notice of “enforcement discretion” for motor carriers who may be unable to meet the 50/10% testing rates required by regulation. The notice recognizes the difficulties that COVID-19 may be having on some carrier’s ability to test, but DOES NOT relieve the responsibility to comply with the regulations if possible.
Maine Motor Transport Association’s drug and alcohol programs with Fleet Screen and First Advantage will continue to draw at the appropriate compliance rates of 50/10%. Motor Carriers and drivers should endeavor to test as selected and must document specific reasons when testing is not possible to accomplish. Motor Carriers should also notify the consortium when testing in a quarter is delayed due to COVID concerns and make the test up as soon as possible. Not testing within the quarter selected should be a rare occurrence and be appropriately documented.
MMTA has heard of very few impediments to testing, and options remain available to complete tests on time. If your normal collection site has disruptions, please contact the consortium or MMTA for available options to include consideration of mobile testing.
As always, feel free to contact the staff at MMTA for any of your compliance requirements.
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How Nuclear Verdicts are Strangling America’s Trucking Industry
ATA Blog
A Trial Lawyer and a Conman Walk into a Burger King.
It reads like a sleazy, made-for-TV crime drama. One might mistake it for an episode of Better Call Saul:
Inside a New Orleans Burger King, a personal injury lawyer and a scam artist rendezvous to plot their next move. On the back of a greasy napkin, the two masterminds sketch out a get-rich-quick scheme, involving orchestrated highway accidents and unwitting 18-wheelers, phantom injuries and large-sum lawsuits.
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UCR Will Be Notifying
Intra
state Carriers
The
Unified Carrier Registration Agreement (UCR) will soon begin sending notices to all motor carriers that are registered with the Federal Motor Carrier Safety Administration as solely intrastate carriers. There are a lot of such carriers; the notices to them will go out over a period of months.
UCR is undertaking this initiative to enforce UCR requirements on all those motor carriers who are obliged to register annually with UCR and to pay a fee based on the number of vehicles they operate. The total revenue generated by the UCR program is capped by federal law; to the extent the fees bring in additional revenues during a year, the fees fall in following year – as has been occurring now for several years. Getting unregistered carriers to sign up with UCR and pay the fee therefore lowers the fees for compliant businesses.
HOWEVER, under UCR, only INTERSTATE carriers are required to register and pay the UCR fees. So why this initiative? UCR believes that a great many carriers have designated themselves with FMCSA as solely intrastate when in they are in fact engaged in interstate commerce. Under federal law, a carrier is involved in interstate commerce not only if it regularly crosses state lines, but (1) if it crosses a state line occasionally or even only once, or (2) if it hauls – even within a state – freight that has originated in or is destined for another state. Some cargoes – such as the U.S. mail, or intermodal shipments – are by definition interstate in nature. And hauling any interstate freight makes a carrier an interstate carrier, subject to UCR.
The UCR notices will state that the recipients may be involved in interstate commerce, under the criteria outlined here just above, and that
if they are, they must register for UCR and pay the appropriate fee – or face citations and a fine.
If you are truly an intrastate carrier as defined in the UCR notice, you are not subject to UCR fees. Should you have any questions or if you are unsure of your status, please contact Cecile Prescott at 207-623-4128 or you can email her at
cprescott@mmta.com.
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Active TWIC® and HME holders can use their credentials to obtain TSA PreCheck™
TSA
“This new benefit immediately allows nearly 3.5 million individuals to obtain TSA PreCheck at no additional cost beyond what they have already paid for their credentials,” said TSA Executive Assistant Administrator for Operations Support Stacey Fitzmaurice.
Applicable TWIC® and HME holders may now use those credentials to obtain TSA PreCheck when taking a flight. For those with active credentials, not obtained via waiver, the benefit is effective immediately.
TWIC® and HME populations have already paid for, and successfully completed, a security threat assessment comparable to the TSA PreCheck security threat assessment. TWIC® is required by the Maritime Transportation Security Act for workers who need access to secure areas of the nation’s maritime facilities and vessels. The HME Program is for individuals seeking to obtain, renew or transfer an HME on a state-issued Commercial Driver’s License (CDL), allowing them to transport hazardous materials in commerce.
TWIC® and HME holders can obtain TSA PreCheck expedited screening by entering the identification numbers printed on their TWIC® card or state-issued CDL during the airline reservation process. Active TWIC® card holders enter their TWIC® credential identification number (CIN) in the known traveler number (KTN) field of their airline reservation. The CIN is printed on the back of each TWIC® card in the lower left-hand corner. Active HME holders enter the two-letter state abbreviation and CDL identification number from their state-issued commercial driver’s license in the appropriate KTN field. (For example: NY12345678.)
TSA PreCheck is an expedited screening program offered by TSA that allows travelers to leave on their shoes, light outerwear and belt, keep their laptop in its case and their food and 3-1-1 compliant liquids/gels bag in a carry-on, in select TSA airport checkpoint screening lanes.
More than 200 airports participate in TSA PreCheck nationwide and
dozens of airlines participate in the popular program.
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Maine Truck PAC Golf Tournament RESCHEDULED
MMTA
Originally scheduled for June 10th, the Maine Truck PAC golf tournament has been
RESCHEDULED to September 9, 2020. Below is updated information reflecting this change. If you have already registered/sponsored, your registration, sponsorship and player list will automatically be transferred to the new
SEPTEMBER 9th date. If your schedule in September doesn’t allow you or your team to participate, please let Makala know and she will process your refund.
The Truck PAC golf tournament will again be played at Natanis Golf Course, located on the Webber Pond Road in Vassalboro, on September 9, 2020. Natanis features 36 great holes of golf and will serve as an excellent host for this year’s primary fundraising event for the Truck PAC.
The tournament is designed to be player friendly and will feature an on the course meal – likely a boxed lunch. After golf has concluded, awards and door prizes will be presented and light refreshments and a cash bar will be available if allowed.
Sponsorship opportunities are also available (Major Sponsors $500 or Hole Sponsors $150/hole)
All registrations must be received by September 4th. You can register online at
www.mmta.com/golf. The cost is $500 per team or $125 per player.
Location: Natanis Golf Course, Vassalboro
Registration: 8:00 am
Shotgun Start: 9:00am
Lunch: On the course
We hope you consider supporting the PAC and registering a team of golfers and sponsoring the event. The Truck PAC funds are used to support business-friendly candidates to the Maine Legislature.
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Heavy Vehicle Use Tax (form 2290)
MMTA
It is that time of year again! If you own and use a truck weighing 55,000 lbs. or more, you must pay a Heavy Vehicle Use Tax (HVUT) to the IRS. HVUT payments are due July 1st but no later than August 31st each year. Paying after August 31st will require you to pay penalties and interest assessed by the IRS.
The IRS has been encouraging companies to file their 2290 taxes online. Due to COVID-19 restrictions, they may not even be taking payments in person at this time. Check with your local IRS office.
MMTA provides assistance with online filing for a small service fee. It’s fast and easy to file! Your accepted return can be printed within 5 minutes of filing in most cases. Should you choose to file on your own, please visit the IRS.gov website for approved e-file providers. Go to IRS.GOV, search 2290 and click on “e-file Form 2290” for the list of providers.
Should you have any questions, please contact Cecile at MMTA.
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Employee Health Plan Trends in Maine
Acadia Benefits
Attracting and retaining employees is challenging and offering the right benefits package can be confusing for businesses. Do you ever wonder how your employee benefits package compares with your competitors? How your rates compare with other companies in Maine?
Acadia Benefits participates in the United Benefit Advisors annual Health Plan Survey, the nation’s largest health plan benchmarking survey. While this survey provides national benchmarks, it also provides information about the Maine marketplace. Here are some interesting trends we thought may be of interest to MMTA members:
What types of plans are my peers offering?
Transportation/Construction/Agriculture/Mining businesses in Maine lean more heavily toward offering their employees consumer directed health plans. The prevalence of plan type in this industry includes:
- 48.3% CDHP (consumer directed health plan)
- 20.7% HMO (health maintenance organization)
- 13.8% PPO (preferred provider organization)
What are my industry peers paying per employee?
The average cost per employee within the Transportation/Construction/Agriculture/Mining industry in Maine is:
- $8,585 CDHP
- $9,990 HMO
- $9,548 PPO
Where are my industry peers setting the in-network deductible?
The average in-network deductible for employers in Maine in the Transportation/Construction/Agriculture/Mining industry is:
- CDHP
- Single - $3,457
- Family - $6,914
- HMO
- Single - $2,250
- Family - $4,500
- PPO
- Single - $3,000
- Family - $6,000
If you are interested in learning more about how your current plan compares with others in Maine, you should contact your health insurance agent/broker. Information can include comparisons on costs, plan popularity deductibles and other factors within industry and group size. And depending on how your benefits and costs line up, it is important to work with an agent to identify strategies to help increase the competitiveness of your plan.
If you do not have an agent, MMTA uses Kevin Kennedy at Acadia Benefits and he can be contacted at
KKennedy@AcadiaBenefits.com or by phone at (207)615-0560.
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We will keep MMTA members posted as new information comes in. In the meantime, please do not hesitate to email
Tim,
Randy or
Brian if you have questions.
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THANK YOU MMTA ANNUAL SPONSORS
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Maine Motor Transport Association
P.O. Box 857
Augusta, ME 04332-0857
ph: (207)623-4128
fax: (207)623-4096
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