NTSB urges caution on marijuana rescheduling

Trucking news and briefs for Tuesday, July 23, 2024:

Federal marijuana moves examined by safety board

The National Transportation Safety Board on Tuesday responded to a proposed rule by the Drug Enforcement Administration to move marijuana from Schedule I to Schedule III of the Controlled Substances Act, warning the rule could imperil federally required drug testing for truck drivers, airline pilots and others in safety-sensitive positions.

The NTSB said it’s “particularly concerned that the proposed rule would prevent testing for marijuana use by safety-sensitive employees” who are subject to either the U.S. DOT drug testing under 40 Code of Federal Regulations Part 40 or to federal workplace drug testing under U.S. Department of Health and Human Services (HHS) Mandatory Guidelines.

In a response to the proposed rulemaking, the NTSB urged the DEA to “ensure that any final rule to reschedule marijuana does not compromise marijuana testing under DOT and HHS procedures applicable to safety-sensitive transportation employees. Such employees include airline pilots, airline maintenance workers, bus and truck drivers, locomotive engineers, subway train operators, ship captains, pipeline operators, personnel transporting hazardous materials, air traffic controllers, and others.”

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[Related: Trucking Law: Marijuana rescheduling impact for pro truckers]

According to the NTSB, moving marijuana to Schedule III without taking steps to ensure that marijuana testing remains within the scope of pre-employment, random, reasonable suspicion, and post-accident drug testing would create a safety “blind spot.” 

“Removal of marijuana testing from DOT and HHS drug testing panels for safety-sensitive transportation employees would remove a layer of safety oversight that employers have been managing for decades, and it would prevent DOT and HHS drug testing from acting as a deterrent to marijuana use by those employees,” the NTSB said. “Additionally, the NTSB would no longer have DOT and federal workplace marijuana test results as evidence in our investigations.”

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DOT Secretary Pete Buttigieg last month responded to similar concerns during a Congressional hearing, DOT drug screening rules would not be impacted by the DEA’s move. For private individuals performing safety-sensitive functions subject to drug testing, Buttigieg noted, marijuana is identified by name, not by reference to schedule or classification. "So even if it moves in its classification, we do not believe that would have a direct impact on that authority," he said. 

[Related: Buttigieg: Marijuana rescheduling won’t impact DOT drug testing]


FMCSA grants waiver allowing mirror-alternative cameras

The Federal Motor Carrier Safety Administration has granted a waiver allowing motor carriers to use a company’s rear-view camera system as an alternative to the two rearview mirrors required by the Federal Motor Carrier Safety Regulations (FMCSRs).

Fleets and operators can now use Convoy Technologies’ Electronic Rear View System (ERVS) as a mirror alternative. Convoy requested the waiver back in February.

In granting the exemption, FMCSA said the system is likely to achieve the same level of safety as the traditional mirrors required in the FMCSRs.

A similar exemption has been in place since 2019 for Stoneridge and its MirrorEye Camera Monitor System. 

TA adds four locations to network

TravelCenters of America announced the addition of four sites to its network of travel centers. In June, the company acquired and opened sites in Cowpens, South Carolina, and Coburg, Oregon; and last week, TA opened two franchised sites in Henderson, Nevada.

The South Carolina location, along I-85, offers 80 truck parking spaces, sixes diesel lanes, a Sbarro restaurant coming in September, six showers and more.

In Coburg, Oregon, off of I-5, the new location offers 100 truck parking spaces, eight diesel lanes, a Coburg Crossing Café with Iron Skillet menu, eight showers, a three-bay TA Truck Service and more.

In Henderson, Nevada, a new TA Express boasts 200-plus truck parking spaces, a Capriati’s restaurant, seven diesel lanes, five showers and more. Also in Henderson, a Petro Travel Center offers 100-plus truck parking spaces, Sonic and Dunkin’ restaurants, seven diesel lanes, a truck wash and more.

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