NEWLINE TRANSPORT, LLC
TRI_STATE CARRIERS
NewLine Transport, Tri-State Carriers Logos GENERAL OFFICE 1501 BELVEDERE ROAD
WEST PALM BEACH, FL 33406
APPLICATION FOR OWNER OPERATOR/INDEPENDENT CONTRACTOR QUALIFICATION
**Please note that Owner Operator/Independent Contractor will be referred to as OO/IC from this point forward**  
WHO REFERRED YOU?
 
OO/IC DRIVER INSTRUCTIONS: All questions on this application MUST be answered! If the question does not apply to you enter N/A.
Name
First
Middle
Last
Phone
Home ( )
area
 
 prefix
-
 suffix
Cell ( )
area
 
 prefix
-
 suffix
** All Names Known By:
 
Current Address
Street
City
State
Zip Code
 
Date of Birth        
Date (mm/dd/yyyy)
 
(Required for Truck Drivers FMCSR 391.21)
Social Security No. - -
 
Have you ever resided in FL?
County where equipment is garaged?
 
*If at the above residence less than three years, list below all residneces for the past three years.
ADDRESS
FOR PAST
THREE YEARS
Street
City
State
Zip Code
Years
Months
Street
City
State
Zip Code
Years
Months
 
Are you now employed/leased?
If not, how long since your last employment/contract?
 
Have you ever worked for this company or any other Cemex affiliate before?
 
If yes, what location?
Position held?
 
Do you read, write and speak the English language?
 
Education  
 
Select highest grade completed:
 
High School: College:
 
Last school attended
Name of school
City
State
Graduated?
 
Driver Experience & Qualification  
Licenses
DRIVERS LICENSES
HELD IN PAST 3 YEARS
MUST BE SHOWN
STATE LICENSE NO. CLASS ENDORSEMENT(S) EXPIRATION DATE
Date (mm/dd/yyyy)
 
Date (mm/dd/yyyy)
 
Date (mm/dd/yyyy)
 
Date (mm/dd/yyyy)
 
 
  Please select applicable answer
A.  Have you ever been denied a license, permit or privilege to operate a motor vehicle?
B.  Has any license, permit or privilege ever been suspended or revoked?
C.  Have you ever been convicted of operating a motor vehicle under the influence of alcohol or drugs?
If yes to A, B, or C please explain:
 
Driving Experience
CLASS OF
EQUIPMENT
SELECT TYPE OF
EQUIPMENT
TYPE OF COMMODITIES
FOOD, GAS, STEEL, ROCK, CEMENT,ETC.
YEARS OF
EXPERIENCE
YOU MUST SHOW
TOTAL MILES DRIVEN
TRACTOR AND
SEMI_TRAILER

STRAIGHT
TRUCKS

 
Driving Experience - Continued  
1. How many years have you been driving motor vehicles?
2. How many years have you driven a commercial vehicle as a local driver?
  • a.Over the road?
3.
Select states operated in during the last five years
Available States
 
Selected States



















































 
4. Have you ever attended a truck driving school?
 
If yes, date:
Date (mm/dd/yyyy)
 
Name of School?
5.
List any other special courses or training that will help you as an OO/IC
6.
List safe driving awards held and who awards were presented by
 
 
Traffic Violation Convictions - For the past 3 years (other than parking violations)
LOCATION DATE VIOLATION PENALTY
City
State
Date (mm/dd/yyyy)
 
City
State
Date (mm/dd/yyyy)
 
City
State
Date (mm/dd/yyyy)
 
 
 
Vehicle Accident Record - For the past 3 years
NAME & ADDRESS OF EMPLOYER OR
PERSON WHO OWNED VEHICLE
DATE LOCATION CAR, TRUCK
ETC.
$ DOLLAR
DAMAGE
PERSONAL
INJURIES
PERSONS
KILLED
WHERE YOU
CHARGED?
Date (mm/dd/yyyy)
 
City
State

Date (mm/dd/yyyy)
 
City
State

Date (mm/dd/yyyy)
 
City
State

 
 
Additional General Information  
1. Have you ever been arrested or convicted of a felony?
Conviction of a crime is not an automatic bar to contract with New Line Transport, LLC, all circumstances will be considered.
  If yes, please explain fully:
2. Have you ever been named as a defendant in a civil or criminal lawsuit?
  If yes, please explain fully:
3. Have you ever been known by any other name or worked for this company or any other Cemex
affiliate under another name?
  If so, what name(s)?
4. Have you ever served in the military?
 
If so, what branch?
Start Date:
Date (mm/dd/yyyy)
 
End Date:
Date (mm/dd/yyyy)
 
 
 
References - Please give the names of three persons, not relatives or previous employers, who have known you at least three (3) years
NAME ADDRESS CITY, STATE, ZIP OCCUPATION TELEPHONE #
First
Last
City
 
State
Zip Code
( )
area
 
 prefix
-
 suffix
 
extension
First
Last
City
 
State
Zip Code
( )
area
 
 prefix
-
 suffix
 
extension
First
Last
City
 
State
Zip Code
( )
area
 
 prefix
-
 suffix
 
extension
 
 
In case of emergency notify
First Name
Last Name
Street Address
City
State
Zip Code
 
In case of emergency notifyPhone:
( )
area
 
 prefix
-
 suffix
Extension
 
 
Past Employement & Lease History  
All OO/IC drivers must provide the following information on all employers or companies you were leased to for the pas ten (10) years. Show ALL periods of employment, unemployment and lease activity starting with the present and working backwards. ALL periods of time must be accounted for and include phone numbers.
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
 
 
Past Employement & Lease History - Continued  
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
EMPLOYER/LESSOR
NAME
ADDRESS
CITY
STATE
ZIP
PHONE:
( )
-
x
FAX:
( )
-
x
DATES
FROM
MONTH
YEAR
TO
MONTH
YEAR
POSITION HELD
REASON FOR LEAVING
Were you subject to the Federal Motor Carrier Safety Regulations while employed/leased by this employer/lessor?
Was your job designated as a safety sensitive function in any Department of Transportation regulated mode and subject to alcohol and controlled substances testing requirements as required by 49 CFR Part 40?
 
 
To Be Read And Signed By Applicant  

I understand that I have the right to: (1) review any of this information obtained from former employers/lessors; (2) have errors in the information corrected by former employers/lessors and have the corrected information re-sent; and (3) attach a written re-buttal statement to any information which I perceive to be inaccurate and which is the subject of a disagreement between me and a former employer/lessor. I understand that if I desire to review information provided by a former employer/lessor, I must submit a written request to New Line Transport, LLC at any time up to 30 days after being qualified or being notified of a denial of qualification. I understand that if I have not arranged to pick up the requested records within 30 days of the records being made available, I may have waived my right to review the records.

I certify that I have read and understood all of this application, and that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge. This application authorizes inquiries of your former employers, references, regulatory agencies, medical, personal and financial matters at any time and I hereby release employers, schools, agencies or persons from all liability in responding to inquiries in connection with my application.

The undersigned understands and agrees that any agreement and the terms and conditions thereof is terminable at the will of and in the sole discretion of the company.

It is also understood that under the Fair Credit Reporting Act, Public Law 91-508, I have been told that this investigation may include an investigative Consumer Report, including information regarding my character, general reputation, personal characteristics, and mode of living. I agree to furnish such additional information and to complete any examination as may be required to complete my qualification file.

I also understand that misrepresentation or omissions of information or facts may result in my rejection or termination. If qualified by the company, I agree to abide by all rules and policies of the company.

New Line Transport, LLC does not discriminate on the basis of race, color, religion, creed, national origin, sex, ancestry, physical disability, or the basis of age. No question on this application is intended to secure information to be used for such discrimination.

THIS CERTIFIES THAT THIS APPLICATION WAS COMPLETED BY ME AND THAT ALL ENTRIES ON IT AND INFORMATION IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.

 
 
Notice Regarding Background Reports  

THE BELOW DISCLOSURE AND AUTHORIZATION LANGUAGE IS FOR MANDATORY USE BY ALL ACCOUNT HOLDERS

IMPORTANT DISCLOSURE REGARDING BACKGROUND REPORTS
FROM THE PSP ONLINE SERVICE

In connection with your application for employment with New Line Transport, LLC (“Prospective Employer”), Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA).

When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire with you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report.

When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act.

Neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. You may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If you challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. Your request will be forwarded by the DataQs system to the appropriate State for adjudication.

Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PS P report. State citations associated with Federal Motor Carrier Safety Regulations (FMCSR) violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report.

The Prospective Employer cannot obtain background reports from FMCSA without your authorization.

AUTHORIZATION

If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below:

I authorize New Line Transport, LLC (“Prospective Employer”) to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am authorizing the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee.

I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication.

I understand that any crash or inspection in which I was involved will display on my PSP report. Since the PSP report does not report, or assign, or imply fault, I acknowledge it will include all CMV crashes where I was a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, I understand all inspections, with or without violations, will appear on my PSP report, and State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on my PSP report. I have read the above Disclosure Regarding Background Reports provided to me by Prospective Employer and I understand that if I sign this Disclosure and Authorization, Prospective Employer may obtain a report of my crash and inspection history. I hereby authorize Prospective Employer and its employees, authorized agents, and/or affiliates to obtain the information authorized above.

NOTICE: This form is made available to monthly account holders by NIC on behalf of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). Account holders are required by federal law to obtain an Applicant’s written or electronic consent prior to accessing the Applicant’s PSP report. Further, account holders are required by FMCSA to use the language contained in this Disclosure and Authorization form to obtain an Applicant’s consent. The language must be used in whole, exactly as provided. Further, the language on this form must exist as one stand-alone document. The language may NOT be included with other consent forms or any other language.
NOTICE: The prospective employment concept referenced in this form contemplates the definition of “employee” contained at 49 C.F.R. 383.5
LAST UPDATED 11/22/2016

 
 
DOT ALCOHOL AND DRUG TESTING POLICY (Applicable to All Independent Operator CDL Drivers)  
  NewLine Transport Logo Tri-State Carriers Logo  

DOT ALCOHOL AND DRUG TESTING POLICY

(Applicable to All Independent Operator CDL Drivers)

Section 1. Policy Statement.New Line Transport, LLC (“the Company”) recognizes the significant problems caused by alcohol and drug use in the transportation industry.  These problems can adversely affect the safety and productivity of drivers, and jeopardize the safety and well-being of the general public.  Accordingly, because the well-being of the independent operators contracted to the Company and the general public are important to us, the Company has adopted the following alcohol and drug testing policy in compliance with the U.S. Department of Transportation ("DOT") regulations.  The Policy is intended to accurately detect and deter alcohol and drug use among our independent operator drivers.  Additional information regarding alcohol and drug use or this Policy is available from the Company’s Safety Director who has been designated by the Company to answer our drivers’ questions on these important issues.

The Policy has been developed to keep our workplace and the highways free from alcohol or drug-influenced drivers.  It has also been developed so as to respect and recognize the dignity and privacy of all of our drivers and to fully comply with DOT regulations under 49 C.F.R. Parts 40 and 382.  All initial positive test results will be confirmed by another more precise test and any independent operator who desires to review the results of any positive test will be allowed to do so.  By taking this positive approach in conjunction with the DOT regulations, the Company will be helping to make the workplace and highways safer for everyone.

Nothing in this Policy is intended to impact the independent contractor status of those independent operators providing transportation services for the Company and its customers under a written Independent Operator Agreement.  Instead, the Policy has been developed and agreed to be between the Company and each independent operator to ensure compliance with the DOT regulations, which applies to all drivers, including independent contractors, that are operating under the Company’s operating authorities.  As set forth in the Independent Operator Agreement, it is the intent of both the Company and each independent operator that independent operator is an independent contractor, and not an employee or agent of the Company for any reason or for any purpose.

Section 2. Who Must Be Tested.Under DOT regulations, all individuals who drive "commercial motor vehicles" requiring a Commercial Drivers License (“CDL”) in interstate or intrastate commerce must be tested. For the Company’s purposes, commercial motor vehicles are vehicles that have a gross vehicle weight rating (or a combined gross vehicle rating for combination units) of 26,001 or more pounds or are designed to transport 16 or more persons including the driver. Employees of each independent operator, such as mechanics and supervisors, who occasionally fill in for the independent operator and operate a commercial motor vehicle requiring a CDL will also be subject to testing. In brief, any individual who may be called upon to drive a commercial motor vehicle under the Company’s operating authority must be tested, and references throughout this Policy to drivers will include all individuals subject to testing.

Section 3. Definitions.For purposes of this policy, the following definitions will apply:

(a) Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.

(b) Prospective Contractor means a person who has applied for an independent operator position as a CDL driver with the Company.

(c) Company Property means any land, building, parking lot, vehicle, or other property owned or leased by the Company or otherwise being used for company business.

(d) Commercial Motor Vehicle means a motor vehicle or a combination of vehicles with a GVWR or combined GVWR of 26,001 or more pounds, or a vehicle designed to transport 16 or more passengers including the driver.

(e) Drugs or Controlled Substances mean any substance identified in 49 C.F.R. 40.85 of the DOT regulations, including marijuana, cocaine, amphetamines, opiates, and phencyclidines (“PCP”).

(f) Impaired means a condition wherein any of the body’s sensory, cognitive, or motor functions or capabilities are altered, diminished, or adversely affected.

(g) Medical Review Officer (“MRO”) means a licensed physician who is responsible for receiving and reviewing laboratory results generated by the Company’s drug testing program and evaluating medical explanations for certain drug test results.

(h) Possession means on one’s person, in one’s personal effects, in one’s vehicle, or under one’s control.

(i) Prescription Drugs are substances lawfully prescribed for individual consumption by a licensed medical practitioner.

(j) Refusal to Submit to Test means (i) failing to appear for a test within a reasonable time as determined by the Company; (ii) failing to sign in and remain at the testing site until the testing process is complete; (iii) failing to provide a urine specimen (or a sufficient amount of urine without adequate medical explanation) for any drug test; (iv) failing or declining to take a second test the Company or the collector has requested the driver to take; (v) failing to undergo a medical examination or evaluation as directed by the MRO as part of the verification process; (vi) failing to cooperate with any part of the testing process; or (vii) is reported by the MRO as having a verified adulterated or substituted test result.

(k) Safety Sensitive Function means all time from the time a driver begins a job for the Company until the time the driver completes the job for the Company. Safety sensitive functions include (i) all time at the Company’s offices, customer facilities or any public property waiting to be dispatched unless the Company has relieved the driver from duty; (ii) all time inspecting, servicing or conditioning a commercial motor vehicle; (iii) all time spent at the driving controls of a commercial motor vehicle in operation; (iv) all time, other than driving time, in or upon any commercial motor vehicle; (v) all time loading or unloading (or assisting in loading or unloading) a commercial motor vehicle; or (vi) all time repairing, obtaining assistance or remaining in attendance upon a disabled commercial motor vehicle.

(l) Sale means any exchange, transfer, or sharing whether for money or otherwise.

(m) Under the Influence means affected by alcohol, prescription drugs, or illegal drugs.

(n) Use means any form or consumption, ingestion, inhaling or injecting.

 

Section 4. Alcohol Use Prohibition.The following alcohol use prohibitions will be strictly enforced by the Company:

(a) Drivers are prohibited from using or possessing alcohol while on duty or performing a safety-sensitive function.

(b) Drivers shall not report to duty or perform safety-sensitive functions within four hours after using alcohol.

(c) Any driver that tests positive for alcohol at an alcohol concentration level of greater than 0.04 percent is medically unqualified to operate a commercial motor vehicle.

(d) Drivers shall not use, sell, manufacture, purchase or possess any alcohol on Company property.

Drivers that fail to comply with these prohibitions are subject to appropriate remedial actions set forth in Section 8 of this Policy.

 

Section 5. Drug Use Prohibition.The following drug use prohibitions will be strictly enforced by the Company:

(a) Drivers are prohibited from using those drugs specified in the DOT regulations. Any driver that tests positive for the use of drugs is medically unqualified to operate a commercial motor vehicle and is subject to the remedial actions set forth in Section 8 of this Policy.

(b) The use, sale, attempted sale, manufacture, purchase, attempted purchase, possession or transfer of any drug on Company property or in Company vehicles at any time may result in the immediate termination of the Independent Operator Agreement with the Company.

(c) Only the person for whom a prescription drug is issued can use and/or bring that medication on Company property. While working on Company property, drivers may only use prescription drugs in the manner, combination and quantity prescribed and only if use of such prescription drugs does not impair, affect, or inhibit the driver’s ability to safely perform any safety sensitive function. The Company reserves the right to seek additional medical clarification regarding the use of such medication.

Drivers that fail to comply with these prohibitions are subject to appropriate remedial actions set forth in Section 8 of this Policy.

 

Section 6. Required Tests.Under DOT regulations, the following tests are required:

(a) Testing Pursuant to 49 CFR 382.301.All drivers that the Company intends to contract with to operate a commercial motor vehicle will be tested for the use of drugs only as a pre-qualification condition pursuant to the criteria set forth in 49 CFR 382.301 as part of their pre-qualification DOT physical examination. The Company's offer to contract with an independent operator is conditioned upon the applicant's passage of the pre-qualification drug test. No independent operators will be allowed to drive or perform other safety-sensitive functions until the driver receives a drug test result from the MRO indicating a verified negative test result. Any driver that has not worked for the Company for a three (3) month period shall be deemed inactive, and must be retested before returning to any safety-sensitive function for the Company.

(b) Reasonable Cause Testing.Drivers will be required to submit to a drug and alcohol test immediately whenever the Company has reasonable cause to believe that the driver is under the influence of alcohol or drugs. When a driver is acting in an abnormal manner and at least one supervisor (two, if available) has reasonable cause to believe that the driver is under the influence of alcohol or drugs, the Company may require the driver to be transported immediately to a medical clinic and, once there, to provide urine, or breath specimens for laboratory testing. Reasonable cause means suspicion based upon specific personal observations that a supervisor, who has received training in the signs of alcohol and drug intoxication in a prescribed training program endorsed by the Company, can describe concerning the actions, appearance, conduct, behavior, speech or breath odor of the driver. The supervisor must make a written statement of these observations within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier. Drivers required to undergo reasonable cause testing will be considered unqualified to work for the Company and will not be dispatched on any work assignment.

(c) Post-Accident Testing.Drivers will be tested for the use of alcohol and drugs as soon as possible, but in any case no later than 8 hours (for alcohol testing) or 32 hours (for drug testing), after an accident if a human fatality is involved or if the driver receives a citation for a moving traffic violation arising from the accident. An accident means an accident which results in the death of a human being, bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or disabling property damage requiring one or more vehicles involved in the accident to be transported away from the scene by a tow truck or other vehicle. The following chart summarizes when a post-accident test will be required of a driver:

                            Type of accident involved      Citation issued to Driver       Post-Accident Test Required
                            Human Fatality                          YES___________________________YES
                                                                    NO____________________________YES
                            Bodily Injury Requiring
                            Treatment Away from Scene               YES___________________________YES
                                                                    NO____________________________NO
                            Disabling Damage to Vehicle 
                            Requiring Tow                           YES___________________________YES
                                                                    NO____________________________NO


When involved in an accident, the driver must contact the Company as soon as possible but not later than one (1) hour after the accident to determine if a post-accident test is required. Drivers must refrain from taking alcohol after any accident until a post-accident test is performed. Drivers must contact the Company at least once every two (2) hours in order to determine the need for testing and to advise of their whereabouts.

(d)Random Testing.Drivers will be subject to testing for the use of drugs as a part of a random selection process with at least 50 percent of the drivers subject to testing during each calendar year or at such other minimum rate as set forth by applicable DOT rules and regulations. In addition, drivers will be subject to random testing for alcohol use at the rate of at least 10 percent of the drivers subject to testing during each calendar year or at such other minimum rate as set forth by applicable DOT rules and regulations. The method of selection for random testing will be neutral so that all drivers subject to testing will have an equal chance to be randomly selected.
Once a driver has been tested, he will immediately become subject to random testing again. Consequently, any driver can conceivably be subject to random testing more than once in a given year. As allowed for under the DOT regulations, the Company may include all independent operator drivers in the same random testing pool as its employee drivers. However, in the event the Company chooses to do so, combining the two types of drivers into one random drug testing pool is not intended in any way to impact the independent contractor status of each independent operator.

(e)Additional Testing. Drivers that have tested positive to an alcohol test with a concentration rate of between 0.02 and 0.04 will be required to submit to another alcohol test prior to returning to duty requiring the performance of a safety-sensitive function. Drivers will not be allowed to return to duty for at least 24 hours from the positive test and until the test results indicate an alcohol concentration of less than 0.02 percent. The Company reserves the right to immediately disqualify and terminate the contract of any driver testing positive to an alcohol test with a concentration rate of any level, in which case no return-to-duty test would be necessary.

(f)Return-to-Duty Testing.To the extent applicable for those drivers who test positive, refuse to be tested, or violate other DOT regulations and seek to resume the performance of a safety-sensitive function, the Company will follow the return-to-duty process and testing procedure set forth under applicable rules and regulations. This paragraph is not intended to create any obligation by the Company to continue contracts with drivers who have tested positive, refuse to be tested, or violate other DOT regulations. The Company reserves the right to immediately disqualify and terminate the contract of any such driver.

(g)Follow-up Testing.To the extent applicable for those drivers who test positive, refuse to be tested, or violate other DOT regulations and seek to resume the performance of a safety-sensitive function, the Company will provide the driver a written follow-up testing plan as set forth under applicable rules and regulations. This paragraph is not intended to create any obligation by the Company to continue contracts with drivers who have tested positive, refuse to be tested, or violate other DOT regulations. The Company reserves the right to immediately disqualify and terminate the contract of any such driver.

 

Section 7. Testing Procedures.

(a) Collection Site.All drivers tested must provide a urine and/or breath specimen for testing purposes at a Company designated collection site. The collection site will have necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage and, if necessary, the transportation or shipment of the samples to an approved laboratory.

(b) Accreditation.In accordance with applicable DOT regulations, all laboratories used by the Company to perform drug tests will be required to perform all of the necessary testing procedures and will be certified by the U.S. Department of Health and Human Services ("DHHS") under the National Laboratory Certification Program. In addition, all breath alcohol technicians ("BAT") or screening test technicians (“STT”) used by the Company to perform alcohol breath tests will be qualified pursuant to the requirements of 49 C.F.R. 40.213. In addition, each evidential breath testing device (“EBT”) used for alcohol breath testing will meet the minimum requirements of 49 C.F.R. 40.229.

(c) Medical Review Officer.A qualified MRO will be used to review, interpret and report positive drug test results. The MRO is a licensed physician knowledgeable in the medical use of prescription drugs and the pharmacology and toxicology of alcohol and other drugs. The MRO is knowledgeable of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's positive drug test result together with his or her medical history and other relevant biomedical information. The MRO shall perform the responsibilities of that position as required under applicable DOT regulations.

(d) Chain of Possession Procedures.All chain of possession procedures shall be in accordance with applicable DOT regulations to ensure that the samples tested are those of the drivers from whom they were obtained.

(e) Laboratory Testing Methodology.Drug tests will be conducted to screen the presence of the following drugs and their metabolites: marijuana, cocaine, opiates, amphetamines and PCPs. All specimens identified as positive on the initial test shall be confirmed using chromatography/mass spectrometry (GC/MS) techniques. Specimens which test negative on either the initial test or the GC/MS confirmatory test shall be reported as negative. "Under the influence" is defined as having the presence of an illegal drug or a drug metabolite in an driver's system as determined by appropriate testing of a bodily specimen that is equal to or higher than the levels specified below for the confirmation test. Equal to or higher test levels shall constitute a positive test subject to verification by the MRO. The following table establishes the current acceptable cutoff levels for testing purposes, and, if these established cutoff levels are changed, modified or revised by DOT or any other federal regulatory agency, the cutoff levels set forth below will automatically be changed to comply with the revised levels:

                                                Initial         Confirmatory
                                                Test Level      Test Level

                    Marijuana Metabolites       50 ng/mL        15 ng/mL
                    Cocaine Metabolites         150 ng/mL       100 ng/mL
                    Opiate Metabolites          2000 ng/mL      2000 ng/mL
                    Morphine
                    Codeine
                    6-Acetylmorphine             10 ng/mL       10 ng/mL
                    Phencyclidine (PCP)          25 ng/mL       25 ng/mL
                    Amphetamines                 500 ng/mL      250 ng/mL
                    Amphetamine
                    Methamphetamine
                    MDMA                         500 ng/mL      250 ng/mL


All testing procedures will be performed in accordance with DOT regulations.

Alcohol tests will be conducted by a certified BAT or STT using a calibrated EBT device or other such device or testing method approved in accordance with applicable DOT regulations. The BAT will first complete a Breath Alcohol Testing Form, which is to be signed by the tested driver. Prior to completing the test, the BAT will require the driver to provide photo identification. The BAT will then explain the alcohol testing procedure to the driver. Refusal by the driver to sign the form shall be regarded as a refusal to take the test. The BAT will next instruct the driver to blow forcefully into the mouthpiece of the testing device for at least 6 seconds or until the testing device indicates that an adequate amount of breath has been obtained. If the result of the screening test is a breath alcohol concentration of less than 0.02 percent, the BAT shall sign the testing form certification noting the negative result.

If a tested driver shows a breath alcohol concentration of at least 0.02 percent, a confirmation test must be conducted between 15 and 30 minutes after completing the screening test. Before the confirmation test is administered, the BAT shall ensure that the testing device registers at 0.00 percent on an air blank. The result of the confirmation test shall be affixed to the front of the Breath Alcohol Testing Form. All alcohol testing procedures will be performed in accordance with DOT regulations.

(f) Split Specimen TestingA driver may request that a second analysis be performed on a split specimen. Such request must be made by the driver to the MRO within 72 hours of the driver’s notification of the positive, adulterated or substituted test results. The second analysis must be performed by a second certified DHHS laboratory. The driver is responsible for paying all costs associated with testing of the split specimen.

(g) Notification of Test Results.Before any positive drug test is reported to the Company in writing, the MRO shall afford the tested driver the opportunity to discuss a positive drug test result with the MRO. If the MRO, after making and documenting all reasonable efforts, is unable to contact the tested driver, the MRO shall contact a designated management official of the Company to arrange for the tested driver to contact the MRO prior to going on duty. The MRO may verify a positive drug test without having communicated with the driver about the results of the test as allowed for in the DOT regulations.

The Company shall notify a driver-applicant of the results of the pre-qualification test if the driver-applicant makes a request within 60 days of being notified of the Company's disposition of his or her qualification. The Company shall notify drivers of the results of random, reasonable cause or post-accident drug tests and, if positive, the identity of the controlled substances for which the tests were positive.

With regard to alcohol use tests only, the BAT shall immediately notify a designated employer representative by writing, in person or by telephone or electronic means of the results of the alcohol use test. If the initial transmission is not in writing, the Company will verify the identity of the testing BAT and follow-up the initial transmission by receiving from the BAT the Breath Alcohol Testing Form. All initial and follow-up transmissions of alcohol use test results will be handled in a confidential manner in accordance with DOT regulations. The Company shall release copies of a driver's records pertaining to alcohol use testing upon written request by the driver.

(h) Confidentiality.Any and all communications involved in the testing procedures and results will be handled in a confidential manner. Regardless of the type of test given, the MRO will report to the Company the result of the test and, if positive, the identity of the substance for which the driver tested positive. The Company will maintain, in the driver's DOT confidential file, the following information: the types of tests to which the driver submitted; the date and location of the collection; the identity of the person or entity performing the collection, analyzing the specimens and serving as the MRO; and whether the test finding was positive or negative, and, if positive, the controlled substance(s) identified in any positive test. The MRO shall maintain individual test results for the minimum retention periods as set forth by applicable rules and regulations. None of the information concerning test results maintained by the Company or the MRO may be released to other persons except in accordance with DOT regulations or with the express written consent of the driver.



 

Section 8. Consequences of Positive Test Results/Refusal to Submit to Testing.Consistent with its established policy and DOT regulations, the Company strictly prohibits its independent operators from being on duty and possessing, using or being under the influence of alcohol or drugs. Such drivers are similarly prohibited from consuming alcohol within 4 hours of reporting for duty and from using any drugs. Drivers engaging in such conduct will be subject to disqualification and the termination of their contracts with the Company.

(a) Remedial Action Based on Positive Test Results.If the results of any pre-qualification drug test administered to a prospective contractor indicate a positive test result for the use of drugs, the prospective contractor will not be considered for contract work with the Company and will be notified of the same. A driver already contracted to the Company who tests positive for the use of alcohol or drugs is medically unqualified to operate a commercial motor vehicle or other equipment and shall be subject to contract termination. If test results show a breath alcohol concentration of any amount, the driver shall be immediately removed from all safety-sensitive functions and is subject to contract termination.

(b) No Re-qualification Eligibility After a Positive Test.Any driver testing positive for drugs or alcohol at a concentration level of greater than 0.04 percent will be subject to contract termination; provided, however, that, pursuant to applicable federal regulations, the driver shall be provided with the name and telephone number of a Substance Abuse Professional ("SAP"), who is a licensed physician, licensed or certified psychologist, social worker or certified addiction counselor, with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. However, a driver testing positive for drugs or alcohol is not eligible for re-qualification with the Company even if the driver successfully completes any treatment program that is recommended by the SAP. The driver will be solely responsible for all costs and expenses associated with the initial evaluation by the SAP and any subsequent treatment program that is required by the SAP.

(c) Remedial Action Based on Refusal to Submit to Testing.A driver who refuses to be tested for any of the required tests specified in Section 6 shall not be permitted to operate a commercial motor vehicle or perform any safety-sensitive function. Such refusal shall constitute a presumption of intoxication or being under the influence, shall be treated as a positive test result and shall result in immediate disqualification and contract termination.

 

Acknowledgment:

Nothing in this policy is intended to alter the independent contractor nature of the Agreement between driver-owners and the Company, or to alter the terms under which the Company may terminate the Agreement.

If you have questions regarding New Line Transport LLC policies and procedures relating to substance abuse or alcohol misuse or if you have any questions regarding your responsibility for compliance with State and Federal laws on controlled substance and/or alcohol testing, you should contact:

___________________________________, At ( ) - ______________________________

I certify that I have received a copy of New Line Transport LLC Drug and Alcohol Policy, and that I have read and understand its contents. I further consent to New Line Transport LLC obtaining my prior drug and alcohol testing record in accordance with Part 382, section 40.25, of the Federal Motor Carrier Safety Administration regulations.

 
 
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