May 2008
Questions & Answers
Question: My son has been enrolled in your DOT random testing program through my company as a driver. He recently bought his own truck, but I don’t see why he can’t just stay in my company random testing program. It sounds to me like you are just trying to get more money!
Answer: If your son is still driving under your operating authority; e.g. you are leasing the truck from/to your son and your son is still classified as a driver under your company, than he could still be in your random testing program.
If your son is operating under his own motor carrier authority he would need to be in his own random drug and alcohol testing program as an owner-operator. This is applicable to both intra and interstate authority.
As far as being more money; since we do not charge a set-up fee, there would not be any difference in the enrollment fee for your son to be in your program or in his own program through our TPA. That is, unless you are a member of CDTOA or another recognized trade association and your son is not. Similarly, if you are receiving an affiliate discounted fee or if you have more than 10 company drivers currently enrolled in your program and are receiving the multiple driver discounted fee, your son would be subject to the slightly higher less than 10 company pricing. Once again, this is not a policy that we require (i.e. separate pools), but what is outlined under the DOT regulations and guidelines. It is our position to instruct you in what the regulatory requirements are to be enrolled in a random DOT compliant program.
When is an Owner-Operator
A Company Driver?
For random testing purposes under the requirements for DOT FMCSA 49 CFR, Parts 40 & 382, owner-operators must be in a separate random testing pool not mixed with company drivers. So throughout the year, many of our client’s enrollment status in the random testing pools may change, sometimes more than once. To help clarify some of the different situations or scenarios, I have included a number of questions we are commonly asked concerning this subject:
I am an owner-operator but I plan to hire a driver?
Once you hire a driver, and should you continue to drive, your driving status changes and so your random testing pool status changes from an owner-operator to a company driver. As such we would move you and your driver to be tested in a general random company pool or if you wish, your own company pool.
I had a driver but he quit and I am in the process of hiring another?
If you are now the sole driver for your company, your driving status changes from company driver back to an owner-operator. Once you replace the driver position, you and your driver’s status would change back to company drivers.
What if we have one truck but some of the time I operate it and other times my wife operates it?
This would depend on how your motor carrier operating authority is listed. If you are the sole proprietor and your wife is not listed as a co-owner of the business than your wife would be considered a company driver when she drives or is available to drive. If you are co-owners, than you both would be considered owner-operators.
What if my wife and I are both listed as co-owners of our trucking company, we both have our own truck and have no employees?
In this situation, you and your wife would each be considered an owner-operator and would be in the owner-operator random testing pool.
What if I own the company and have drivers but I don’t drive?
If you hold a valid CDL and don’t drive for work purposes, but sometimes drive incidentally, meaning there is the chance that you would drive the truck in a situation such as driving the truck to or from the tire or service shop, had a driver call in sick or a driver removed from service and you had to pick up the truck, you are required to be in a random testing program.
I have drivers, but work is very slow so I have temporarily laid them off.
How do I keep my random testing program active?
Bare in mind, without drivers or you actively participating in a random testing program, there is no need for a program. If you would like to keep your account active, you would need to insure that your drivers are available to test should you be notified that they have been selected for a random test or you can remain enrolled as an owner-operator. Otherwise you can inactivate your account and re-activate it when you are in need of a program providing the calendar year has not expired. Also remember, the DOT requires that any time a driver or employer/driver (owner-operator) has been out of a random testing program for more than 30-days, regardless of the reason, they would be required to perform a pre-employment test prior to returning to a safety sensitive position (go back to operating a commercial vehicle).
Remember it is the client’s responsibility to notify AADT when you’re driving status changes and in some cases you may be required to complete a different AADT Consortium Service Agreement or a pre-employment test. Should you have any questions or concerns contact us.
We are here to help!
Sincerely,
Lonnie Johnson
Operation Director
Note that throughout this article, when I refer to the applicable federal regulations, I’m referring to CFR 49, Parts 40 & 382; these regulations can be found in Section 5 of the AADT Company Compliance Manual or in the AADT website at www.aadrugtesing.com under links at DOT Office of Drug and Alcohol Policy and Compliance at www.dot.gov/ost/dapc or Federal Motor Carrier Safety Administration at www.fmcsa.dot.gov.