Auto Transport Solutions Llc
Drug and Alcohol Free Workplace Policy
Drug and Alcohol Free Workplace Policy
Auto Transport Solutions LLC
DRUG AND ALCOHOL FREE WORKPLACE POLICY
(United States Department of Transportation, Federal Motor Carrier Safety Administration)
THIS DRUG AND ALCOHOL POLICY IS NOT AN EMPLOYMENT CONTRACT, OR AN OFFER OF AN EMPLOYMENT CONTRACT 02/10/2025 New Era Drug Testing Page 1 DRUG AND ALCOHOL FREE WORKPLACE POLICY
I. POLICY STATEMENT
In an effort to help prevent accidents and injuries that may result from the misuse of alcohol, the use of prohibited controlled substances, the unauthorized use or misuse of prescription medications, to promote a drug and alcohol free workplace, and to comply with the Omnibus Transportation Employee Testing Act of 1991, it is the policy of Auto Transport Solutions LLC to require drug and/or alcohol testing in accordance with the rules and regulations promulgated by the U.S. Department of Transportation (DOT), Federal Motor Carrier Administration, as set forth in Title 49 Code of Federal Regulations (CFR), Part 382 and Part 40, and/or such other rules and regulations applicable to Auto Transport Solutions LLC as may be promulgated from time to time.
This policy is applicable to all covered employees (as defined below) and shall take immediate effect. All covered employees of Auto Transport Solutions LLC will be provided with a copy of this policy together with educational materials that explain the requirements of the policy and the requirements of Title 49 CFR, Part 382 and Part 40. Materials concerning this policy will be available for inspection at the Auto Transport Solutions LLC's Human Resources/Personnel Department. It is a condition of employment for all covered employees that they agree to the requirements of this policy.
Nothing in this policy shall lessen, be deemed to lessen, or otherwise diminish in any manner, Auto Transport Solutions LLC's right or ability to discipline an employee of Auto Transport Solutions LLC in accordance with other policies of Auto Transport Solutions LLC and the minimum disciplinary sanctions provided for under the relevant DOT rules, regulations and procedures described in this policy shall not diminish Auto Transport Solutions LLC's ability to impose other and/or greater sanctions upon an employee of Auto Transport Solutions LLC up to and including termination.
II. DEFINITION OF TERMS
When used in this policy, unless specifically defined elsewhere:
A. Accident means an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) a fatality; or (ii) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) one or more motor vehicles incurring disabling damage as a result of the occurrence, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. Provided, however, the term accident does not include: (i) an occurrence involving only boarding and alighting from a stationary motor vehicle; or (ii) an occurrence involving only the loading or unloading of cargo.
B. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
C. Breath Alcohol Technician ('BAT') is an individual who is certified as trained to operate an Evidential Breath Testing device (EBT) and who is proficient in breath-tes ting procedures.
D. Collection site means a place designated by Auto Transport Solutions LLC where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of controlled substances, or for purposes of providing a or breath sample to be analyzed for alcohol concentration.
E. Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in 02/10/2025 New Era Drug Testing Page 2 commerce to transport passengers or property if the motor vehicle:
1. Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
2. Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
3. Is designed to transport 16 or more passengers, including the driver; or
4. s of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)), and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
F. Contractor means any individual or business entity with whom Auto Transport Solutions LLC contracts to perform an operating function as regulated by 49 CFR, Part 382, for the Auto Transport Solutions LLC as an independent contractor or subcontractor. A contractor and the contractor's employees are required to be in a drug and alcohol-testing program that complies with 49 CFR Part 382.
G. Controlled Substance means one or more of the following five drugs or classes of drugs: (a) Marijuana metabolites; (b) Cocaine metabolites; (c) Amphetamines; (d) Opiate metabolites; (e) Phencyclidine (PCP); (f) MDA-Analogues; and/or (g) 6-Monoacetylmorphine.
H. Covered Employee means a any person who operates a Commercial Motor Vehicle for, or on behalf of Auto Transport Solutions LLC, and includes any individual directly employed by Auto Transport Solutions LLC, a contractor or subcontractor engaged by, for or on behalf of Auto Transport Solutions LLC and any individual employed by such contractor or subcontractor, it being the express intent of this policy that all contract personnel, including direct contractors and subcontractors, and anyone employed by contactors and subcontractors, who performs covered work comes within this definition.
I. Designated Employer Representative ('DER') means an employee of Auto Transport Solutions LLC authorized to take immediate action(s) to remove employees from safety-sensitive functions and to make required decisions in the testing and evaluation processes. A DER also receives test results, SAP reports, and other communications on behalf of Auto Transport Solutions LLC.Auto Transport Solutions LLC's primary DER is the Director, Human Resources Services, but Auto Transport Solutions LLC may, if needed, designate additional personnel to serve as DERs.)
J. DOT means the United States Department of Transportation, which administers compliance with Title V, of the Omnibus Transportation Employee Testing Act of 1991.
K. DOT rules, regulations and procedures means the rules, regulations and procedures established by U.S. Department of Transportation (DOT) in 49 CFR Part 382 and Part 40.
L. Licensed medical practitioner shall have the meaning set forth in 49 CFR Part 382.107 and generally means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.
M. Medical Review Officer ('MRO'), means a licensed physician responsible for receiving laboratory results generated by Auto Transport Solutions LLC's drug testing plan who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an 02/10/2025 New Era Drug Testing Page 3 individual's confirmed positive test result together with his/her medical history and any other relevant information.
N. Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
1. All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
2. All time inspecting equipment as required by 49 CFR Part 382 and 382.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3. All time spent at the driving controls of a commercial motorvehicle in operation;
4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR Part 393.76);
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to unloaded; and
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
O. Substance Abuse Professional ('SAP') means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC) or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC)), with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
A SAP evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
III. SCOPE
This policy implements the requirements of the Omnibus Transportation Employee Testing Act of 1991, and all amendments thereto, and the rules and regulations promulgated by the DOT, Federal Motor Carrier Safety Administration, as set forth in Title 49 Code of Federal Regulations, Part 382 and Part 40, and/or such other rules and regulations applicable to Auto Transport Solutions LLC as may be promulgated from time to time.
This policy applies to all covered employees, applicants for positions that would constitute a covered employee position and all contractors.
IV. PROHIBITED CONDUCT
Auto Transport Solutions LLC has determined that in order to comply with the relevant laws, rules and regulations, and to foster the appropriate climate that promotes a drug and alcohol free workplace, certain conduct is absolutely prohibited for all covered employees. The prohibitions contained herein may exceed the requirements of the applicable laws and regulations. No covered employee shall:
1. Report for duty, remain on duty requiring or potentially requiring the performance of safety-sensitive functions, or perform safety-sensitive functions, when the covered employee has used or uses any controlled substance, except when such use is pursuant to the instructions of a Licensed Medical Practitioner, who has advised the covered employee that the substance will not 02/10/2025 New Era Drug Testing Page 4 adversely affect the covered employee's ability engage in any safety-sensitive functions.
2. Report for duty or remain on duty when the covered employee uses any controlled substance on the instruction of a Licensed Medical Practitioner unless the covered employee has first notified Auto Transport Solutions LLC and provided Auto Transport Solutions LLC with written proof of: (1) a prescription for the use of such controlled substance; and (2) a determination by a Licensed Medical Practitioner that the substance will not adversely affect the covered employee's ability engage in any safety-sensitive functions.
3. Report for duty or remain on duty with any controlled substance in the covered employee's possession, custody or control.
4. Engage in the unlawful manufacture, use, sale, possession ordistribution of controlled substances.
5. Report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.01 or greater. (Under California Vehicle Code §34501.16 (a) the employer of a commercial driver is required to provide information to that employee at the time of hiring and to all employed commercial drivers annually, that they must be placed out of service for a period of twenty-four (24) hours if the individual's blood-alcohol concentration is tested to be 0.01 percent or more, by weight, on and after January 1, 1992).
6. Use alcohol while performing safety-sensitive functions.
7. Report for duty or perform safety-sensitive functions within four (4) hours after using or consuming alcohol. If a covered employee is called to duty during the covered employee's typical 'off-duty' time, he or she may report to work only if he or she has not consumed alcohol at any time during the previous four (4) hours. When a covered employee has used alcohol during four (4) hours prior to his or her being called to duty to safety-sensitive functions, he or she will be expected to acknowledge such use at the time he or she is called. If it is not possible for the supervisor to delay the requested start time so as to accommodate this pre-duty requirement, the employee will not report to work. If an on-call covered employee acknowledges the use of alcohol, he or she will be permitted to determine a start time that will comply with the four (4) hours prohibition. No discipline will be taken against an employee who acknowledges his/her use of alcohol during the four (4) hours prior to being called to duty, unless such conduct has the effect of making that employee repeatedly unavailable for duty.
8. Leave the scene of a work related accident, without a valid reason, without contacting his or her supervisor or a Auto Transport Solutions LLC representative if the supervisor is not available.
9. Consume any alcohol after an accident unless at least for eight (8) hours have expired from the time of the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first.
10. Report for duty or remain on duty with any alcohol in the covered employee's possession, custody or control, unless such alcohol has been disclosed to Auto Transport Solutions LLC and the covered employee has Auto Transport Solutions LLC's written permission for such alcohol to be in the covered employee's possession, custody or control.
11. Refuse to undergo a controlled substance and/or alcohol test as required under the terms of this policy.
Any covered employee who is in violation of these prohibitions is required to immediately cease conducting any safety-sensitive function, cease all Auto Transport Solutions LLC business, leave all work areas immediately and report to Auto Transport Solutions LLC
V. REQUIRED TESTING
To ensure compliance with DOT rules, regulations and procedures, all covered employees, applicants for employment, current employees, and contractors and subcontractors who are or may engage in safety- sensitive functions as part of their employment duties shall be subject to controlled substance and alcohol testing as described below. Such testing is a condition of employment and/or continued employment by Auto Transport Solutions LLC
A. Pre-Employment Testing
All persons making an application for initial employment, re-employment, or temporary employment with Auto Transport Solutions LLC, which employment shall require or may include the performance of a safety-sensitive function, shall be required, prior to and as a condition of employment, to undergo and successfully pass a pre-employment drug test.
All applicants will be notified, at the time they complete a job application, that they will be required to submit to a drug test if they are considered otherwise qualified for employment, and that they will be required to submit to the terms and conditions of this policy if they are ultimately hired by Auto Transport Solutions LLC
All current employees transferring or being transferred from a position that does not involve a safety-sensitive function into a position that does or may involve a safety-sensitive function must undergo and pass a pre- employment drug test prior to such transfer and/or prior to performing a safety-sensitive function provided, however, that a pre-employment drug test is not required for an applicant or a current employee under this section if:
1. The applicant or current employee has participated in a controlled substances testing program that meets the requirements of this policy and all DOT regulations applicable to Auto Transport Solutions LLC, within the previous thirty (30) days; and
2. While participating in that program, the applicant or current employee either:
a. Was tested for controlled substances within the past six (6) months (from the date of application with Auto Transport Solutions LLC) and provides Auto Transport Solutions LLC with proof of a negative test result acceptable to Auto Transport Solutions LLC, in Auto Transport Solutions LLC's sole and absolute discretion; or
b. Participated in the random controlled substance testing program of another employer subject to DOT testing regulations, for the previous twelve (12) months (from the date of application with Auto Transport Solutions LLC ); and
c. The applicant or current employee discloses the prior employer(s) for the twelve (12) month period prior to the current application or proposed transfer, expressly authorizes Auto Transport Solutions LLC to contact the prior employer(s) to verify the applicant's or current employee's participation, and Auto Transport Solutions LLC verifies to Auto Transport Solutions LLC's satisfaction, in Auto Transport Solutions LLC's sole and absolute discretion, that no prior employer disclosed to Company has records of a violation of the controlled substances use rules of any DOT agency within the previous six (6) months.
All persons making an application for initial employment, re-employment, or temporary employment with Auto Transport Solutions LLC which employment shall require or may include the performance of a safety-sensitive function, and all current employees transferring or being transferred from a position that does not involve a safety-sensitive position into a position that does or may involve a 02/10/2025 New Era Drug Testing Page 6 safety- sensitive function, shall provide his or her written release authorizing Auto Transport Solutions LLC (FMCSA) to contact their prior employer(s) and authorizing said employer(s) to provide to Auto Transport Solutions LLC a copy of their prior drug testing history as a requirement of employment in any safety-sensitive function.
B. Post-Accident Testing Any covered employee involved in an accident while performing a safety-sensitive function shall undergo testing for alcohol if the covered employee:
1. Was performing a safety-sensitive function and the accident involved the loss of human life; or
2. Receives a citation within eight (8) hours of the occurrence under State or local law for a moving trafficviolation arising from the accident, if the accident involved:
a. bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
b. one or more motor vehicles incur disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
Any covered employee involved in an accident while performing a safety-sensitive function shall undergo testing for controlled substances if the covered employee
1. Was performing a safety-sensitive function and the accidentinvolved the loss of human life; or
2. Receives a citation within thirty-two (32) hours of the occurrence under State or local law for a movingtraffic violation arising from the accident, if the accident involved:
a. bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
a. Once or more motor vehicles incur disabling damage as a result of the accident, requiring themotor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
The following table provides a general description of when a post-accident alcohol and controlledsubstance test is required tobe conducted by this section.
Type of Accident Involved Citation Issued to the CMV Driver Test Must be Performed by Employer
Human fatality YES No YES No Bodily injury with immediate medical treatment away from the scene YES No YES No Disabling damage to any motor vehicle requiring tow away YES No YES No
Quick Summary of table: If driver receives a citation(ticket) after an Accident, He/she must do drug and alcohol test. Alochol is 2 hour limit, drug is 32 hour limit. If no Citation (ticket) then Drug and Alcohol test is not required.
A post-accident alcohol test, when required, must be administered as soon as possible, but within eight (8) hours following the accident. If testing is required but is not conducted within two (2) hours, the reasons the test was not conducted must be documented. If testing is required but is not able to be conducted within the next six (6) hours, the reasons the test was not conducted must again be documented. After eight (8) hours, there will be no more attempts to conduct an alcohol test.
A post-accident controlled substance test, when required, must be administered as soon as possible, but within thirty-two (32) hours following the accident. If testing is required but is not able to be conducted within thirty-two (32) hours, the reasons the test was not conducted must be documented. After thirty-two (32) hours, there will be no more attempts to conduct a drug test.
A covered employee who is subject to post-accident testing shall remain readily available for such testing. If he or she is not available for any reason, except for leaving the accident scene for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care, Auto Transport Solutions LLC will consider the covered employee to have refused to submit to testing.
After a covered employee has submitted to a post-accident test, he or she will be permitted to return immediately to safety-sensitive functions only if a negative test result is received.
Even if highway enforcement or other officials conduct a drug or alcohol test following an accident, drivers are still subject to DOT testing under this policy. In the event that federal, state, or local officials conduct breath or blood tests for the use of alcohol and/or urine tests for the use of controlled substances following an accident, and a DOT test is required but is not able to be conducted, the tests conducted by law enforcement may meet the requirement of this section, provided those tests conform to applicable Federal, State, or local requirements. Auto Transport Solutions LLC will request test results and other pertinent documentation from such agencies or law enforcement authorities, and will require the covered employee to sign a release allowing Auto Transport Solutions LLC to obtain such information. Under Auto Transport Solutions LLC's independent authority, refusal to sign such a release will be grounds for termination of employment.
In the event that a covered employee is so seriously injured that he or she cannot provide a sample of urine or breath at the time of the accident, Auto Transport Solutions LLC requires that he or she provide necessary authorization for Auto Transport Solutions LLC to obtain hospital records or other documents that would indicate whether controlled substances or alcohol were present (and the resulting levels) in his or her body at the time of the accident. Under Auto Transport Solutions LLC's independent authority, refusal to sign such a release will be grounds for termination of employment.
C. Random Testing
All covered employees, including contract, temporary and seasonal workers, who perform work for Auto Transport Solutions LLC in a safety-sensitive function shall be subject to random controlled substance and alcohol testing at various times, and with no advance notice. The random selection process will ensure each covered employee has the same fair and equal chance of being selected for such random testing, and shall comply with the relevant DOT rules and regulations.
Auto Transport Solutions LLC shall select covered employees for random alcohol and/or controlled substance testing on a quarterly basis (the 'Selection Period'). A covered employee who is selected for random alcohol and/or controlled substance testing shall, upon notification that he or she has been selected, immediately proceed to the designated test site. A covered employee who is on vacation, sick leave, is otherwise not at work or not available to be given notice of his or her selection for random testing, shall be notified immediately upon their return to work and shall then report for random test as required under this policy.
A minimum of ten percent (10%) (or such other percentage as may be required under applicable DOT rules, regulations and procedures as may be applicable to Auto Transport Solutions LLC) of all eligible covered employees per year shall be randomly tested for alcohol. A minimum of fifty percent (50%) (or such other percentage as may be required under applicable DOT rules, regulations and procedures as may be applicable to Auto Transport Solutions LLC) of all eligible covered employees per year shall be randomly tested for controlled substances.
A covered employee shall only be tested for alcohol: (1) while performing safety-sensitive functions; (2) just before the covered employee is to perform safety-sensitive functions; or (3) just after the covered employee has ceased performing such functions. Testing for controlled substances may be scheduled at any time a covered employee is on duty.
If a covered employee is subject to random alcohol or controlled substance testing under the random alcohol or controlled substances testing rules of more than one DOT agency, the driver shall be subject to random alcohol and/or controlled substances testing at the annual percentage rate established for the calendar year by the DOT agency regulating more than 50 percent (50%) of the covered employee's function.
D. Reasonable Suspicion Testing
If an appropriate Auto Transport Solutions LLC representative determines that a reasonable suspicion exists that a covered employee has violated the rules governing alcohol misuses and/or controlled substance use, in accordance with DOT guidelines, the covered employee shall be required to undergo immediate testing for alcohol and/or controlled substances.
In determining whether a reasonable suspicion test is appropriate, a Auto Transport Solutions LLC representative shall not rely solely on a third party report that a covered employee has misused alcohol or use controlled substances in violation of this policy, or is impaired in his or her duties due to the use of alcohol or controlled substances. Nevertheless, such third party reports may constitute grounds for a Auto Transport Solutions LLC representative to observe the covered employee and make an independent determination as to the grounds for a reasonable suspicion test.
Observation and testing for reasonable suspicion of use of controlled substances may occur at any time a covered employee is on duty. Observation and testing for reasonable suspicion of alcohol use may occur just prior to, during or just after a covered employee's performance of a safety-sensitive function or during such time as he or she is in readiness to perform a safety-sensitive function.
Any covered employee required to undergo reasonable suspicion testing shall immediately cease performing any safety-sensitive function. A Auto Transport Solutions LLC representative will transport the covered employee to an appropriate Collection Site facility and await the completion of the collection procedure. The Auto Transport Solutions LLC representative will then transport the covered employee back to Auto Transport Solutions LLC premises, where a spouse, family member, or other individual will be contacted to transport the covered employee to his/her home. In the event no such individual is available, Auto Transport Solutions LLC will contact a taxi to transport the employee home. If the test result is negative, Auto Transport Solutions LLC will reimburse the covered employee for the cost of the taxi. If the covered employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, Auto Transport Solutions LLC will make appropriate efforts to discourage the employee from doing so, up to and including contacting local law enforcement officials. Any covered employee failing to cooperate with any of the procedures described above will be subject to disciplinary action up to and including 02/10/2025 New Era Drug Testing Page 9 termination of employment.
A written report of the reasons for requiring a covered employee to undergo a reasonable suspicion test shall be made in accordance with the relevant DOT rules and regulations.
A Auto Transport Solutions LLC representative making a determination that a reasonable suspicion test is required shall not participate in the testing procedures, other than to notify the covered employee of the required test, document the reasons for the test and advise the covered employee of the results of the test.
Until such time as the reasonable suspicion test results are received, the covered employee shall be removed from his or her safety-sensitive functions. During this time, he or she will be off work with pay.
An alcohol test for reasonable suspicion should be administered within the first two (2) hours, or within the next six (6) hours, but no more than eight (8) hours after the initial observation occurred. If alcohol testing is not conducted within two (2) hours, the reasons the test was not conducted must be documented. If alcohol testing then is not conducted within the next six (6) hours, the reasons the test was not conducted must again be documented. After eight (8) hours, there will be no more attempts to conduct an alcohol test.
If no alcohol test is conducted at all, the covered employee cannot perform safety-sensitive functions until twenty-four (24) hours have elapsed following the original determination of reasonable suspicion of alcohol use. If this employee must return to safety-sensitive functions before twenty-four (24) hours have passed, he/she may do so only after taking another alcohol test and receiving a test result below 0.02.
If the reasonable suspicion test is negative, the covered employee may return to work in a safety-sensitive function at Auto Transport Solutions LLC's discretion.
If the result of an alcohol test is an alcohol concentration of more than 0.02 but less than 0.04 the covered employee shall not be permitted to return to duty for twenty-four (24) hours, during which time the employee will be deemed to be on unpaid leave.
E. Return-to-Duty Testing
Under DOT rules, regulations and procedures, a covered employee who has received a positive test result (i.e. indicating the presence of alcohol or controlled substances in violation of this policy), refused to test, or who has voluntarily admitted a violation of this policy, shall not be eligible to return to duty until such employee has submitted to and received a negative test result (i.e. a test indicating conformance with the requirements of this policy), and otherwise fulfilled the requirements of the applicable DOT rules, regulations and procedures.
Nothing herein is intended to or shall require Auto Transport Solutions LLC to return a covered employee who has received a positive test result, refused to test, or who has voluntarily admitted a violation of this policy, to duty upon his or her receipt of a negative test result, or to limit in any manner whatsoever, Auto Transport Solutions LLC's right to discipline the covered employee, including without limitation, termination of employment. All employees who test positive will be directly observed under this testing category.
The cost of return-to-duty testing, if applicable, shall be born by the covered employee.
F. Follow-Up Testing
Under DOT rules, regulations and procedures, a covered employee who has received a positive test result (i.e. indicating the presence of alcohol or controlled substances in violation), refused to test, or who has voluntarily admitted a violation of this policy, shall, if returned to duty, be required to undergo unannounced follow-up testing, in accordance with the applicable DOT rules, regulations and procedures and the recommendations of a SAP, which may be scheduled for a period of up to sixty (60) months, and must include no fewer than six (6) tests to be conducted in the first twelve (12) months after the covered employee's return-to-duty date. Follow-up alcohol testing shall be conducted only just prior to, during, or just after the covered employee's performance of safety-sensitive functions, or when he or she is in readiness to perform safety-sensitive functions.
If Auto Transport Solutions LLC has terminated a covered employee from employment, or the covered employee has resigned, the Auto Transport Solutions LLC shall have no responsibility for any remaining or outstanding follow-up tests recommended by a SAP applicable to such covered employee.
Nothing herein is intended to or shall require Auto Transport Solutions LLC to return a covered employee who has received a positive test result, refused to test, or who has voluntarily admitted a violation of this policy to duty upon his or her receipt of a negative test result, or to limit in any manner whatsoever, Auto Transport Solutions LLC's right to discipline the covered employee, including without limitation, termination of employment. All employees who test positive will be directly observed under this testing category.
The cost of all return-to-duty testing and/or follow-up testing, if applicable, shall be born by the covered employee subject to such testing.
VI. TESTING ADMINISTRATION - CONTROLLED SUBSTANCES
A. Collection Sites Auto Transport Solutions LLC will utilize an approved Collection Site, which shall have the personnel, materials, equipment, facilities, and supervision necessary to provide for the collection, security, temporary storage, and shipping of urine specimens to an approved certified laboratory for testing, in a manner consistent with the requirements of 49 CFR Part 40
If one of Auto Transport Solutions LLC's designated Collection Site facilities cannot be used to collect a specimen (e.g., a post-accident test in a distant location), Auto Transport Solutions LLC and/or the covered employee shall locate and utilize another Collection Site facility, which is familiar with and qualified to collect a specimen under the collection procedures set forth 49 CFR Part 40.
B. Collection Procedures Any Person requested to undergo a drug test will be required to provide a urine specimen at a designated Collection Site, in a manner consistent with the requirements of 49 CFR Part 40.
Except as required or permitted by DOT rules, regulations and procedures, set forth in 49 CFR Part 40, collection procedures shall be conducted in such a manner as to afford the covered employee privacy during the specimen collection. If a specimen is being collected from a covered employee in need of medical attention (e.g., as part of post- accident test given in an emergency facility), necessary medical attention will not be delayed in order to collect the specimen.
Collection of a second specimen shall be obtained as soon as is possible, under the direct observation of a member of the Collection Site personnel of the same gender as the donor, when required or permitted under 49 CFR Part 40. If a donor is required to provide a second specimen 02/10/2025 New Era Drug Testing Page 11 but is unable to immediately do so, the donor shall remain at the designated Collection Site (in no event longer than eight hours or until the end of the shift, whichever is later), and be given fluid to drink.
C. Testing Facility
All urine specimens tested for the presence of controlled substances shall be analyzed by a laboratory certified by the Department of Health and Human Services under the National Laboratory Certification Program, or as or as otherwise provided for under 49 CFR Part 40.
D. Testing Procedures
All urine specimens will subject to (1) testing for the presence of controlled substances and (2) validity testing, in accordance with the requirements of 49 CFR Part 40.
Initial testing for controlled substances may be by an immunoassay test using the cutoff levels proscribed by 49 CFR Part 40, which will eliminate negative urine specimens from further consideration. Any positive test results from an initial test will be subject to confirmation by gas chromatography/mass spectrometry testing using the cutoff levels proscribed by 49 CFR Part 40. An initial positive result that is not confirmed as positive under the cut-off levels proscribed by 49 CFR Part 40 will be deemed negative.
Specimens that yield positive results on confirmation testing shall be retained in storage in accordance with the requirement of 49 CFR Part 40.
E. Review of Test Results
Test results will be reported by the testing laboratory to and will be reviewed by a MRO in accordance with the requirements of 49 CFR Part 40.
The MRO will review the results of controlled substance testing before they are reported to Auto Transport Solutions LLC. For test results that are reported as a laboratory confirmed positive, adulterated, substituted, or invalid drug test, the MRO shall provide the covered employee with an opportunity to provide a legitimate explanation for the test result in accordance with 49 CFR Part 40. The MRO will contact the covered employee directly, on a confidential basis, to determine whether the covered employee wishes to discuss the test result. Medical information disclosed to the MRO as part of this verification process may be disclosed to third parties, including Auto Transport Solutions LLC, as provided in 49 CFR Part 40.
If after making and documenting all reasonable efforts to contact the covered employee the MRO is unable to reach the covered employee directly, the MRO will contact Auto Transport Solutions LLC's DER, who will direct the covered employee to contact the MRO as soon as possible. The MRO may verify a test as positive without having communicated directly with a covered employee as provided for in 49 CFR Part 40.
If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result other than the unauthorized use of prohibited drugs, the MRO will conclude and report the test to be negative.
The MRO will not disclose to any third party, including Auto Transport Solutions LLC medical information provided by a covered employee as a part of the testing verification process, except as provided in 49 CFR Part 40.
If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result other than the unauthorized use of prohibited drug, the MRO shall 02/10/2025 New Era Drug Testing Page 12 confirm and report the test as positive. If the MRO determines, based upon his/her review of the Laboratory's Inspection Reports, quality assurance and quality control data, and other drug test results, that a particular drug test result is scientifically insufficient for further action, the MRO will conclude and report that the test is negative.
If after receiving notice of a verified positive test, or an adulterated or substituted specimen, a covered employee may request analysis of his or her split sample. This request shall be made within seventy-two (72) hours of notification of a verified positive test or as otherwise permitted under 49 CFR Part 40. A second, alternative qualified laboratory will conduct the spilt-specimen test. The covered employee shall be responsible for all costs associated with the split specimen test.
F. Dilute Sample Testing Dilute sample testing shall be as required under 49 CFR Part 40, provided however, Auto Transport Solutions LLC requires that for any urine sample that reports a creatinine concentration greater than 5 mg/dL but less than 20 mg/dL, and a specific gravity greater than 1.0010 but less than 1.0030 on a single aliquot, the covered employee shall be required to promptly undergo a second test without notice under direct observation collection procedures.
VII. TESTING ADMINISTRATION - ALCOHOL
A. Collection Site/Testing Facility
Auto Transport Solutions LLC will utilize an approved Collection Site and Testing Facility, which shall have the personnel, materials, equipment, facilities, and supervision necessary to provide for the collection, testing and analysis of saliva and/or breath samples in a manner consistent with the requirements of 49 CFR Part 40.
If one of Auto Transport Solutions LLC's designated Collection Site and Testing Facilities cannot be used to collect a specimen (e.g., a post-accident test in a distant location), Auto Transport Solutions LLC and/or the covered employee shall locate and utilize another Collection Site and Testing Facility, which is familiar with and qualified to collect a specimen under the collection procedures set forth 49 CFR Part 40.
B. Collection and Testing Procedures
Any covered employee requested to undergo an alcohol test will be required to provide a breath and/or saliva sample at a designated Collection Site and Testing Facility, in a manner consistent with the requirements of 49 CFR Part 40.
Alcohol testing shall be conducted by a Breath Analysis Technician (BAT) using an Evidentiary Breath Testing (EBT) device as approved by the National Highway Traffic Safety Administration (NHTSA) and listed on their Conforming Products List, or such other person or equipment as may be permitted under DOT rules, regulations and procedures. Two tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result with alcohol concentration less than 0.02 is considered a 'negative' test and no further testing is required. If the first test results in an alcohol concentration of 0.02 or greater a second confirmation test is required. The confirmation test must be conducted by a Breath Analysis Technician using an Evidentiary Breath Testing device (EBT) in compliance with the requirements of 49 CFR Part 40.
A covered employee who fails to provide a sufficient amount of breath to conduct a test shall within five (5) days of said test, obtain an evaluation from a licensed physician who is acceptable to Auto Transport Solutions LLC and who has expertise in the medical issues raised by the failure to provide sufficient specimen who shall provide Auto Transport Solutions LLC with a signed statement that the physician, in his or her reasonable medical judgment, has determined:
1. 1. A medical condition has, or with a high degree of probability could have, precluded the covered employee from providing a sufficient amount of breath; or
2. here is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the covered employee from providing a sufficient amount of breath.
If the licensed physician certifies a legitimate medical reason for the failure to provide a sufficient amount of breath, the test shall be cancelled. If the physician cannot certify a legitimate medical reason for the failure to provide a sufficient amount of breath, or the covered employee does not provide a signed statement of a licensed physician acceptable to Auto Transport Solutions LLC, this constitutes a refusal to test by the covered employee.
C. Review of Test Results
A Breath Analysis Technician shall review the test results. Results that demonstrate a blood Alcohol Content of less than 0.02 are a negative test. Test results of 0.02 or higher shall be immediately reported to Auto Transport Solutions LLC's DER.
A test result equal to or greater that 0.02 but less than 0.04 shall result in the covered employees immediate removal from duty for at least twenty-four (24) hours.
A test result that is equal to or greater that 0.04 shall result in the covered employee being immediately removed from duty and being subject to disciplinary sanctions up to an including termination.
VIII. REFUSAL TO SUBMIT TO TESTING.
Any covered employee who refuses to submit to any controlled substance or alcohol test required under this policy will be treated as if he or she had tested positive in any such test. Circumstances that constitute a refusal to submit shall be as set forth in the applicable DOT rules regulations and procedures, and shall include, but is not limited to: Failure to report to a collection or testing site, without a legitimate reason;
1. Failure to remain at a collection or testing site until the collection or testing is completed, without a legitimate reason;
2. Failure to provide an adequate specimen (urine, breath or saliva), without a legitimate medical reason;
3. Refusal to sign a collection or testing form;
4. Refusal or failure to take a second test when directed to do so;
5. Failure to cooperate in the collection or testing procedures;
6. Performing or engaging in action(s) that prevent the completion of a test;
7. Refusal to provide a specimen and/or cooperate with the collection process at a collection site; and
8. Providing an adulterated or substituted specimen.
IX. VOLUNTARY EMPLOYEE SELF-IDENTIFICATION PROGRAM
Whenever practical, Auto Transport Solutions LLC will assist covered employee in overcoming controlled substances or alcohol problems which may affect the covered employee's job performance so long as covered employee has not already violated this policy. A covered employee may voluntarily self-identify a problem with controlled substances or alcohol. Employees who seek voluntary treatment prior to a violation of this policy, will not be disciplined for making a voluntary admission of alcohol misuse or controlled substances use within the parameters of the program. The employee will be given a sufficient opportunity to seek evaluation, education or treatment to establish control over the employee's drug or alcohol problem.
The following is required to participate in this voluntary program:
1. The covered employee may not be an applicant for employment.
2. The covered employee must make the admission of alcohol misuse or controlled substances use prior to reporting for duty to perform a safety-sensitive function.
3. The covered employee shall not be on notice of a required controlled substance or alcohol test. A covered employee is not eligible to participate and may not self-identify in order to avoid required testing of any kind.
4. The covered employee shall immediately be removed from performing any safety-sensitive functions until Auto Transport Solutions LLC is satisfied that the covered employee has been evaluated and has successfully completed education or treatment requirements.
5. The covered employee shall be immediately placed on unpaid administrative leave pending successfully completed education or treatment requirements as determined by a drug and alcohol abuse evaluation expert; provided, however, any accrued vacation time and sick leave may be used while participating in the evaluation and treatment program so long as the covered employee is complying with the conditions of treatment. The covered employee shall not accrue any further vacation or sick leave during this period.
6. The covered employee seeking voluntary assistance will be allowed to return to safety-sensitive functions only upon successful completion of an educational or treatment program as determined by a drug and alcohol abuse evaluation expert. The cost of the educational or treatment program, including any required testing, shall be at the covered employee's expense.
7. Prior to the covered employee participating in a safety sensitive function, the covered employee shallundergo a return-to-duty test with a result indicating an alcohol concentration of less than 0.02 and/orcontrolled substance test witha verified negative test. In addition, the covered employee who voluntarilyreports under this provision shall be subject to unannounced follow-up testing for up to sixty (60) monthsfollowing the covered employee's return to safety-sensitive functions
More information regarding availability of treatment resources and possible insurance coverage for treatment services is available from the Auto Transport Solutions LLC's Human Resources Department.
X. DISCIPLINE The following discipline will be taken in the event of a positive test result under any of the following circumstances:
A. Pre-Employment
Any applicant who tests positive, or is deemed to have tested positive, as a result of a pre-employment controlled substance test or refuses to submit to a pre-employment controlled substance test will not be employed by Auto Transport Solutions LLC and will be disqualified from further consideration for employment with Auto Transport Solutions LLC for a period of one (1) year.
Any current employee seeking to transfer from a non-safety-sensitive position to a safety-sensitive position who tests positive as a result of a pre-employment controlled substance test or refuses to submit to a pre-employment controlled substance test will not be hired into the safety- sensitive position, and will be subject to disciplinary action up to and including termination.
B. Reasonable Cause Any covered employee who tests positive as a result of a reasonable cause controlled substance or alcohol test will be immediately taken off his or her safety-sensitive position and will be subject to disciplinary action up to and including termination of employment. C. Post-Accident Any covered employee who tests positive as a result of a post-accident controlled substance or alcohol test will be immediately taken off his or her safety-sensitive position, and will be subject to disciplinary action up toand including termination of employment. D. Random Any covered employee who tests positive as a result of a random controlled substance or alcohol test will be taken off his or her safety-sensitive position, and will be subject to disciplinary action up to and including termination of employment. E. Refusal to Submit Any covered employee who refuses to take a required controlled substance or alcohol test, refuses to provide a specimen at the Collection Site, refuses to cooperate during the collection process, refuses to complete any relevant documentation, such as the Urine Custody and Control forms or any other paperwork, fails to properly cooperate with Collection Site Personnel, engages in any conduct which creates reason to believe a urine specimen has been altered, adulterated or substituted, fails to report to the Collection Site without a legitimate reason, and/or fails to provide an adequate specimen without a medical basis will be immediately taken off his or her safety-sensitive position and will be subject to disciplinary action up to and including termination of employment.
XI. EMPLOYEE EDUCATION, TRAINING, AND ASSISTANCE PROGRAM.
A. Employee Education Auto Transport Solutions LLC will provide an education program for its employees, which will include the following: 1. Distribution of informational material on substance abuse; 2. Display and distribution of a community service hot-line telephone number for employee assistance; and 3. 02/10/2025 New Era Drug Testing Page 16 Display and distribution of Auto Transport Solutions LLC's Drug and Alcohol Free Workplace Policy.
B. Supervisor Training Any supervisory personnel of Auto Transport Solutions LLC responsible for determining whether a covered employee must be drug tested based on reasonable cause as provided for in this policy, will be required to complete at least sixty (60) minutes of training on the specific contemporaneous physical, behavioral, and performance indications of probable drug use as well as an additional sixty (60) minutes on the specific contemporaneous physical, behavioral, and performance indications of alcohol use and chronic effects of alcohol.
C. Employee Assistance Program
In addition to the Employee Education and Supervisor Training programs described above, Auto Transport Solutions LLC also will have available an Employee Assistance Program to which covered employees may refer for additional consultation and referral.
XII. RECORDS/ CONFIDENTIALITY Records pertaining to the alcohol and controlled substances testing program shall be maintained in secured and locked confidential files in Auto Transport Solutions LLC's Human Resources Department. Access to these records shall be limited to management officials on a need-to-know basis, as determined by Human Resources.
Records and report data shall be maintained as specified in DOT rules, regulations and procedures. Except as required by law or expressly authorized or required by DOT rules and regulations, testing information maintained under this policy will be released only to the driver (on written request), or to an identified person as directed by the specific, written consent of the driver authorizing the release of the information.
XIII. EDUCATION AND TRAINING Any covered employee who has questions or concerns regarding this policy may seek clarification andfurther details from Auto Transport Solutions LLC's Director, Human Resources. Educational materials, including acopy of this policy, and information concerning the effects ofalcohol and controlled substances use on anindividual's health, work and personal life, signs and symptoms of an alcohol or controlled substancesproblem, will be provided toeach covered employee.
Additional materials may be requested and answers to questions about the materials may be obtained by contacting Auto Transport Solutions LLC's Director, Human Resources. Attendance at training programs under this policy will be mandatory for supervisors and other employees involved in administering the policy. Supervisors who are designated to determine whether or not reasonable suspicion exists and who then order a covered employee to undergo testing under DOT rules andregulations, will receive at least sixty (60) minutes of training on recognizing alcohol misuse, and at least sixty(60) minutes of training on recognizing controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
All supervisors who participate in training will be given a certificate of completion of such training. The original certificate will be kept in Auto Transport Solutions LLC's records, and a copy will be provided to each supervisor for his or her own records, when requested.
XIV. DRUG AND ALCOHOL PROGRAM ADMINISTRATOR
The Drug and Alcohol Program Administrator for Auto Transport Solutions LLC will be available to provide information and answer questions regarding the plan. The Drug Program Administrator is responsible for monitoring compliance with the provisions of this policy.
Auto Transport Solutions LLC's Drug and Alcohol Program Administrator is: NEW ERA DRUG TESTING Drug and Alcohol Testing Programs 801 S Glenoaks Blvd Suite 200 Burbank, CA 9150
Auto Transport Solutions LLC Safety Policy
Auto Transport Solutions LLC Safety Policy
Auto Transport Solutions LLC
Safety Policy
FMCSA-Compliant Safety Policy for Truck Drivers
Effective Date: Feburary, 12th 2025
Policy Overview:
The purpose of this safety policy is to ensure the safe and responsible operation of commercial motor vehicles (CMVs) while adhering to all Federal Motor Carrier Safety Administration (FMCSA) regulations. Our goal is to promote a safe working environment for our drivers, ensure the safety of the public, and maintain compliance with all applicable state and federal laws.
1. Driver Qualifications
All drivers must meet the minimum qualifications set by the FMCSA, which include:
• Possessing a valid Commercial Driver's License (CDL) appropriate for the vehicle being driven.
• Having a clean driving record with no disqualifying offenses.
• Completing a pre-employment drug and alcohol screening as required by FMCSA regulations.
• Meeting medical requirements by obtaining a valid Medical Examiner's Certificate.
• Providing proof of legal ability to work in the United States.
Drivers must:
• Be at least 22 years of age for interstate driving.
• Be able to communicate in English and read, understand, and speak in English.
• Have at least 1 year of experience
• Be able to climb up and down a car hauler
•
2. Hours of Service (HOS) Compliance
Drivers must comply with FMCSA Hours of Service regulations, which set limits on driving time and rest periods to reduce fatigue. The following guidelines apply:
• 14-Hour Limit: Drivers may not drive after having been on duty for 14 consecutive hours.
• 11-Hour Driving Limit: Drivers may not drive more than 11 hours in a 14-hour work period.
• 30-Minute Break: Drivers must take a 30-minute break after 8 hours of driving.
• 60/70-Hour Limit: Drivers must not exceed 60 hours of driving in 7 consecutive days, or 70 hours in 8 consecutive days.
• Rest Periods: Drivers must take a minimum of 10 consecutive hours off duty after a driving shift.
Electronic Logging Device (ELD):
All drivers must use an ELD to track Hours of Service and ensure compliance with FMCSA regulations.
Purpose: This guide provides a step-by-step process for drivers and fleet managers to ensure compliance with the Federal Motor Carrier Safety Administration (FMCSA) Electronic Logging Device (ELD) regulations. Following these steps will help prevent violations, maintain accurate records, and ensure road safety.
Step 1: Obtain and Install an FMCSA-Approved ELD
• Verify that the ELD is listed on the FMCSA’s registry of certified devices.
• Install the ELD in the commercial motor vehicle (CMV) as per the manufacturer’s instructions.
• Ensure the ELD is properly connected to the vehicle’s engine control module (ECM) to record driving data.
Step 2: Driver Registration and Setup
• Each driver must be assigned a unique login ID for the ELD system.
• Update driver profiles with necessary details, including name, license number, and company affiliation.
• Train drivers on how to use the ELD, including logging in, changing duty status, and reviewing logs.
Step 3: Daily ELD Usage
• Before Driving:
o Log into the ELD system before starting the vehicle.
o Verify that the ELD is functioning correctly and displaying the correct date, time, and vehicle information.
o Perform a pre-trip inspection and record any defects or malfunctions.
o Enter trailer numbers and shipping document details into the ELD system.
o Sign the log entry electronically or on paper as required.
• While Driving:
o The ELD will automatically record drive time once the vehicle moves.
o Ensure proper duty status changes are recorded (e.g., On-Duty, Off-Duty, Sleeper Berth).
• After Driving:
o Change duty status to "On-Duty Not Driving" or "Off-Duty" as appropriate.
o Review and certify daily logs for accuracy.
o Ensure all required forms are signed before submission.
Step 4: Managing ELD Records and Compliance
• Drivers must retain ELD data for the required period (typically the current and past 7 days).
• Maintain a backup copy of ELD logs in case of device failure.
• Fleet managers must regularly review logs for accuracy and address any discrepancies.
• Ensure drivers take required breaks and do not exceed FMCSA Hours of Service (HOS) limits.
Step 5: Handling ELD Malfunctions
• If the ELD malfunctions:
o Notify the carrier and document the issue immediately.
o Use paper logs to record duty status until the ELD is repaired or replaced.
o The carrier must repair or replace the ELD within 8 days as per FMCSA regulations.
Step 6: Roadside Inspections and Data Transfer
• Drivers must be able to present their ELD records to enforcement officers upon request.
• The ELD must support electronic data transfer methods such as telematics (wireless web services and email) or local transfer (USB and Bluetooth).
• Drivers should carry an ELD instruction manual and FMCSA ELD mandate information in the vehicle at all times.
• Ensure all shipping documents and trailer numbers are readily available for inspection.
Step 7: Compliance Audits and Reporting
• Regularly audit ELD logs for compliance and identify violations or inconsistencies.
• Address any issues with drivers and provide corrective training if needed.
• Maintain ELD data for a minimum of six months as required by FMCSA.
Step 8: Training and Continuous Compliance
• Provide ongoing training to drivers and fleet personnel on ELD regulations and best practices.
• Stay updated with FMCSA regulation changes and ensure the fleet remains compliant.
• Encourage drivers to report issues or concerns regarding ELD functionality and compliance.
3. Pre-Trip and Post-Trip Inspections
Pre-Trip Inspection Policy for 9-Car Hauler Semi-Truck
Purpose: This policy establishes the requirement for conducting thorough pre-trip inspections on all 9-car hauler semi-trucks to ensure compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations and maintain operational safety. The goal is to identify and address any potential safety hazards before operating the vehicle to prevent accidents, mechanical failures, and regulatory violations.
Scope: This policy applies to all drivers operating 9-car hauler semi-trucks and relevant personnel responsible for vehicle safety, maintenance, and compliance with federal and company regulations.
Policy Statement: All drivers must conduct a pre-trip inspection before operating a 9-car hauler semi-truck. The inspection must follow FMCSA guidelines and company-specific safety protocols to ensure the vehicle is in safe operating condition. Any detected issues must be reported and corrected before the vehicle is put into service.
Inspection Procedure:
1. Exterior Check:
o Walk around the vehicle to check for any visible damage, missing parts, or structural issues.
o Inspect headlights, high beams, turn signals, brake lights, hazard lights, and reflectors to ensure functionality.
o Check for any fluid leaks (oil, coolant, fuel, transmission, and brake fluid) beneath the vehicle.
o Verify that all tires are in good condition, properly inflated to recommended PSI, and free of cracks, cuts, bulges, or excessive wear.
o Inspect wheels, rims, and lug nuts for tightness and secure fitment; ensure there are no missing or damaged parts.
o Ensure that all mud flaps are properly installed, free of damage, and hanging correctly.
o Inspect the exhaust system to ensure it is securely mounted, free of leaks, rust, or excessive corrosion.
o Check the undercarriage for any loose or hanging components that could pose a hazard.
o Inspect the frame and cross members for cracks, rust, or damage.
2. Engine Compartment:
o Open the hood and inspect all belts, hoses, and wiring for cracks, leaks, fraying, or wear.
o Check all fluid levels, including engine oil, coolant, power steering, brake fluid, and windshield washer fluid.
o Inspect the battery terminals for corrosion, ensure cables are secure, and test the battery for adequate charge.
o Ensure the radiator and cooling system components are intact, free of leaks, and functioning correctly.
o Verify proper functioning of the alternator and belt-driven components.
o Ensure the fuel system has no leaks and all connections are secure.
3. Braking System:
o Test the air brake system by performing a brake check and listening for air leaks.
o Inspect the air compressor, reservoirs, pressure gauges, and brake chambers to ensure proper operation and no leaks.
o Verify the functionality of the parking brake and emergency brake system; conduct a brake hold test.
o Inspect brake pads, rotors, and linings for thickness and excessive wear.
o Check brake hoses and lines for cracks, leaks, bulging, or visible damage.
o Confirm that slack adjusters are within proper specifications and correctly adjusted.
4. Trailer and Cargo Inspection:
o Ensure the car hauler’s hydraulic system is functioning properly with no leaks, cracks, or malfunctions.
o Inspect all tie-down straps, chains, ratchets, and securing mechanisms for damage and ensure that all vehicles being transported are securely fastened.
o Examine ramps and loading equipment for structural integrity, proper operation, and safety compliance.
o Check that the trailer’s lights, reflectors, and license plate are properly affixed, clean, and fully functional.
o Verify that all vehicle storage levels and platforms are secured and properly positioned.
o Ensure the winch and loading mechanisms are operating correctly with no mechanical failures.
o Confirm that the trailer hitch, coupling system, kingpin, and locking jaws are properly secured and locked in place.
o Inspect landing gear for proper function and verify it is fully retracted before departure.
5. Cabin Inspection:
o Ensure all mirrors (side, rearview, and spot mirrors) are properly adjusted, clean, and securely mounted.
o Test the horn, windshield wipers, and defroster for proper operation and visibility enhancement.
o Verify that all required safety equipment, including fire extinguishers, emergency triangles, spare fuses, and a first-aid kit, is present and in good condition.
o Confirm that the Electronic Logging Device (ELD) is operational, properly recording duty status, and synced with the vehicle.
o Check for any dashboard warning lights and address any issues before proceeding.
o Ensure the driver’s seat and seatbelt are in proper working condition and free of damage.
o Inspect the steering system for any unusual play, stiffness, or excessive movement.
o Ensure the climate control and ventilation systems are functioning properly for driver comfort.
o Check emergency exits and accessibility of safety measures.
Documentation and Sign-Off:
• All inspections must be recorded on a pre-trip inspection checklist and submitted to the fleet manager or designated supervisor.
• Any detected issues must be documented, reported to the maintenance team, and repaired before operation.
• Drivers must sign and date the inspection report to confirm completion before departing on any trip.
• If an issue arises during transit, drivers must notify dispatch and seek immediate assistance, noting the location and nature of the issue.
• Pre-trip inspections must be retained for review and compliance audits per FMCSA regulations.
Enforcement and Compliance:
• Failure to complete and document the pre-trip inspection may result in disciplinary action, including verbal or written warnings, suspension, or termination.
• Compliance audits will be conducted periodically to verify adherence to inspection procedures.
• Any violations that result in FMCSA citations, vehicle out-of-service orders, or safety infractions may lead to additional training, corrective measures, or termination.
• Repeat violations will be addressed with escalating disciplinary actions, including mandatory retraining or reassignment.
• Pre-Trip Inspections: Drivers must conduct a thorough inspection of the vehicle before starting a trip. This includes checking the tires, brakes, lights, and other critical systems.
• Post-Trip Inspections: After each trip, drivers must conduct a post-trip inspection, documenting any issues or defects discovered during the trip.
• Inspection Reports: Drivers are required to complete and submit vehicle inspection reports at the end of each day. Any defects must be reported to the fleet manager for repair.
4. Vehicle Maintenance and Repairs
• Preventative Maintenance: The company will ensure that all vehicles are maintained in accordance with FMCSA regulations and undergo regular preventative maintenance checks.
• Repairs: Drivers must immediately report any mechanical issues, including minor defects, to the fleet manager or designated personnel for timely repairs. The vehicle should not be operated if it is unsafe.
5. Drug and Alcohol Policy
• Refer to our Drug and Alcohol Policy
6. Accident Reporting
• Accident Involvement: In the event of an accident, the driver must:
o Ensure the safety of all individuals involved.
o Notify law enforcement if required.
o Report the accident to the company's safety officer within 1 hour but as soon as possible.
o In the case of a citation given to the driver after an accident, a drug and alcohol test must be completed within 2 hours
o Complete an accident report, including a description of the accident, any damages, and any potential violations of traffic laws.
• Accident Investigation: The company will conduct a thorough investigation of all accidents to determine fault and ensure compliance with FMCSA regulations.
7. Driver Behavior and Safety
• Speed Limits: Drivers must obey all posted speed limits and adjust their speed for road conditions, weather, and traffic.
• Seat Belts: All drivers and passengers must wear seat belts at all times while the vehicle is in motion.
• Mobile Devices: The use of mobile phones or other handheld devices while driving is prohibited unless the vehicle is safely parked. Hands-free devices may be used when necessary.
• Distracted Driving: Any form of distracted driving, including texting, eating, or engaging in non-driving-related activities, is prohibited.
• Speeding and Traffic Violations: Drivers are expected to drive responsibly, obey all traffic laws, and avoid accidents or violations.
8. Emergency Procedures
In the event of an emergency, drivers should:
• Hazardous Materials: Ensure compliance with FMCSA hazardous materials regulations (if applicable) and follow appropriate emergency procedures for transporting hazardous materials.
• Accident Procedures: Call emergency services if necessary and follow the company’s accident reporting protocol. (Call the safety supervisor 315-939-0186)
• Breakdowns and Roadside Assistance: If the vehicle breaks down, drivers must immediately notify the fleet manager for assistance. The company will provide roadside assistance when necessary. (Call/Text 315-939-0186)
9. Safety Training
• All drivers will undergo initial safety training, which includes but is not limited to:
o Defensive driving techniques
o Emergency response procedures
o Proper load securement
o Vehicle operation and maintenance procedures
• Ongoing training will be provided annually, as well as any additional training required by changes in FMCSA regulations.
10. Non-Compliance and Disciplinary Actions
Non-compliance with this safety policy may result in disciplinary actions, including but not limited to:
• Verbal or written warnings. We will have a three warning system, two warnings and then termination on the third one
• Suspension or revocation of driving privileges
• Termination of employment
• $2000 company fine for speeding violations
• $3000 company fine for texting violations
• $500 bonus pay for drivers that receive no violations on a road side inspection.
• $500 per logbook violations such as not recording trailer number, a order number from a bill of lading, not mounted properly, etc. More than one violation is not tolerated and will be considered as a request of termination.
o List of common ELD violations include:
Driver failing to maintain ELD instruction sheet
Driver failed to manually add shipping document number
ELD cannot transfer ELD records electronically
Form and manner issues, such as: log does not include miles traveled / log does not include locations
• $500 per violation such as flat tire, light out, low tread (less than 2/32”)
• $250 per violation for starting duty without federally required equipment inside the truck.
• $500 for violation not wearing seat belt
• Reporting a tire with less than 5/32” tread is a $50 bonus
• Reporting a light out on a truck is a $20 bonus
• $500 violation for failure to obey traffic control device (weigh stations)
• Any violations that are obviously avoidable are also subject to a fine between $50-$1,000
Compliance Monitoring:
The company will regularly monitor and audit driver logs, vehicle inspections, and performance to ensure ongoing compliance with FMCSA regulations.
Acknowledgment:
By signing below, I acknowledge that I have read and understand the company's safety policy, and I agree to comply with all FMCSA regulations and the company’s guidelines.
Authorization To Release Safety Performance History Information
Auto Transport Solutions Llc
Safety Performance History Information
I hereby authorize release of information to this prospective employer from my employment file and my Department of Transportation regulated drug and alcohol testing records. This release is in accordance with DOT Regulation 49 CFR Parts 40.25/382.413/391.23. I understand that information to be released, by my previous employer, is limited to the previous three years. You are released from any and all liability which may result from releasing such information. Pursuant to the federal Fair Credit Reporting Act, I hereby authorize this company and its designated agents and representatives to conduct a comprehensive review of my background through any consumer report for employment. I understand that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records.
I understand that it is my right to review information provided by previous employers; to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information; as well as the right to have a rebuttal statement attached to the alleged erroneous information if the previous employer and I cannot agree on the accuracy of the information. I understand that if I wish to review previous employer-provided investigative information, I must submit a written request, which may be done at any time, including when applying, or as late as 30 days after being employed or being notified of denial of employment. This information must be provided to me within five (5) business days of Auto Transport Solutions Llc receiving my written request. If Auto Transport Solutions Llc has not yet received the requested information from the previous employer(s), then the five-business days deadline will begin when the Auto Transport Solutions Llc receives the requested safety performance history information. I understand that if I have not arranged to pick up or receive the requested records within thirty (30) days of them becoming available, it may be considered that I have waived my request to review the record(s).
Drug & Alcohol Clearinghouse Consent
Auto Transport Solutions Llc
Drug & Alcohol Clearinghouse Consent
I hereby provide consent to Auto Transport Solutions Llc and its authorized agents to conduct limited queries of the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse) to determine whether drug or alcohol violation information about me exists in the Clearinghouse.
I am consenting to an unlimited number of queries and for the duration of employment with Auto Transport Solutions Llc
I understand that if a limited query conducted by Auto Transport Solutions Llc indicates that drug or alcohol violation information about me exists in the Clearinghouse, FMCSA will not disclose that information to Auto Transport Solutions Llc without first obtaining additional specific consent from me.
I further understand that if I refuse to provide consent for Auto Transport Solutions Llc to conduct a limited query of the Clearinghouse, or if I refuse to provide FMCSA with specific consent to disclose drug or Alcohol violation information about me to Auto Transport Solutions Llc after a limited query indicates such information exists in the Clearinghouse, Auto Transport Solutions Llc must prohibit me from performing safety-sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations.
PSP Driver Disclosure & Authorization
Auto Transport Solutions Llc
PSP Driver Disclosure & Authorization
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 Auto Transport Solutions 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 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 PSP 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 Auto Transport Solutions 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.
Alcohol & Drug Testing Policy
Auto Transport Solutions Llc
Alcohol & Drug Testing Policy
Please review the company alcohol and drug testing policy below. Once finished, electronically sign to confirm receipt, understanding and agree. Upon completion of the online application, you will be emailed a copy of this policy.
Employer Policy on the Misuse of Alcohol and Use of Controlled Substances
Company Name: Auto Transport Solutions Llc
Address: 3119 South St
City: Clinton State: NY Zip: 13323
Phone Number: (315)939-0186
This policy follows Department of Transportation and Federal Motor Carrier Safety Administration regulations found in 49 CFR Parts 40 and 382.601
If you have questions about this controlled substances and alcohol testing, please contact the designated company official to answer questions.
All drivers who drive Commercial Motor Vehicles (CMV) which require a Commercial Drivers License (CDL) are subject to controlled substances and alcohol testing.
Definition of driver Safety Sensitive Function is found in 49 CFR Section 382.107.
Safety sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety sensitive function shall include:
(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer.
(2) All time inspecting equipment, as required by 49 CFR Sections 392.7 and 392.8, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time.
(3) All time spent at the driving controls of a commercial motor vehicle in operation.
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR Section 393.76).
Driver conduct that is prohibited is found in 49 CFR Part 382 Subpart B.
(1) No driver shall report for duty requiring the performance of a safety sensitive function with an alcohol concentration of 0.04 or greater.
(2) No driver shall use alcohol while performing a safety sensitive function.
(3) No driver shall perform a safety sensitive function within 4 hours after using alcohol.
(4) No driver required to take a post accident alcohol test under 49 CFR Section 382.209 shall use alcohol for 8 hours following the accident.
(5) No driver shall refuse to submit to any required alcohol or controlled substances test.
(6) No driver shall report for duty requiring the performance of a safety sensitive function when the driver uses controlled substances, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in 49 CFR Section 382.107. This must not interfere with the driver’s ability to perform a safety sensitive function.
(7) No driver shall report for duty or remain on duty requiring the performance of a safety sensitive function, if the driver tests positive for controlled substances.
Circumstances in which a driver will be tested are incorporated and found in 49 CFR Part 382 Subpart C.
(1) Pre-employment testing;
(2) Random testing, Per the prevailing rate as required by U.S. DOT
(3) Reasonable Suspicion testing
(4) Post Accident testing
(5) Return to duty testing
(6) Follow up testing
All definitions, regulations, and procedures used to test for controlled substances and alcohol in order to protect the integrity of the testing process, safeguard test validity, and insure results are attributed to the correct driver are found in 49 CFR Parts 40 and 382.
Refusal to submit to an alcohol or controlled substances test is defined in 49 CFR 382.107.
Refusal to submit to an alcohol or controlled substances test means that a driver:
(1) Failedto appear for any test (except a Pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, afterbeing directed to do so by the employer. This includes the failure of an employee (including an owner operator) to appear for a test when called by a C/TPA.
(2) Failed to remain at the testing site until the testing proceeds is complete. Provided, that an employee who leaves the testing site before the testing process commences on a pre-employment test is not deemed to have refused to test.
(3) Failedto provide a urine specimen for any drug test required by this part or DOT agency regulations. Provided, that an employee who does not provide a urine specimen, because he or she has left the testing site before the testing process commences on a pre-employment test is not deemed to have refused to test.
(4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the drivers provision of a specimen.
(5) Failed to provide a sufficient amount of urine specimen when directed and it has been determined that there was no adequate medical explanation for the failure.
(6) Failed or declined to take a second test the employer or the collector has directed the driver to take.
(7) Failed to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under 49 CFR 40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment.
(8) Failed to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process).
(9) Is reported by the MRO as having a verified adulterated or substituted test result.
Note: In reference to item 1 for the FMCSA; reasonable timemeans the employer shall ensure the driver ceases to perform the safety sensitive function and proceeds to the testing site as soon as possible.
Consequences for violators of Subpart B are incorporated and found in 49 CFR Part 382 Subpart E.
(1) All CDL drivers will be removed from any safety sensitive position.
(2) The driver must see a Substance Abuse Professional to ever drive again, anywhere.
(3) The driver must take a Return To Duty test with a Negative result and/or an Alcohol test with results below .02.
Note: The consequences for CDL drivers tested for Alcohol with results at .02 but below .04 are the driver will be removed from any safety sensitive position for 24 hours (49 CFR Part 382.505(a))
COMPANY POLICY
This company has a ZERO TOLERENCE for the use of Alcohol or misuse of Controlled Substances. Any driver found to be in violation of 49 CFR Parts 40/382 will be terminated.
Any driver found to be in violation of 49 CFR Parts 40/382 may possibly be terminated. A driver could be retained if he/she successfully meets the requirements of 49 CFR Part 40 Subpart O and 382.503.
Fair Credit Reporting Authorization
Auto Transport Solutions Llc
Fair Credit Reporting Authorization
Pursuant to the federal Fair Credit Reporting Act, I hereby authorize Auto Transport Solutions Llc and its designated agents and representatives to conduct a comprehensive review of my background through a consumer report and/or an investigative consumer report to be generated for employment, promotion, reassignment or retention as an employee. I understand that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records.
I authorize the complete release of these records or data pertaining to me that an individual, company, firm, corporation or public agency may have. I hereby authorize and request any present or former employer, school, police department, financial institution or other persons having personal knowledge of me to furnish Auto Transport Solutions Llc or its designated agents with any and all information in their possession regarding me in connection with an application of employment. I am authorizing that a photocopy of this authorization be accepted with the same authority as the original.
I understand that, pursuant to the federal Fair Credit Reporting Act, if any adverse action is to be taken based upon the consumer report, a copy of the report and a summary of the consumer's rights will be provided to me.
I acknowledge that I have received and read the Fiar Credit Reporting Act Background Check Disclosure, A Summary of Your Rights Under the Fair Credit Reporting Act, and this authorization. I certify that I understand the documents I have received.
I hereby authorize access data pertaining to me within the CDLIS Central Site, to obtain all CDLIS Master Pointer Record data relating to me (CDLIS Data), and\or to request and obtain my driver record from the jurisdiction identified in the CDLIS Data in accordance with applicable state law and the Driver Privacy Protection Act.
Important Notice:
This authorization does not include or permit any credit history or credit background checks. No credit report will be requested or reviewed as part of this process.
Summary of Your Rights Under the Fair Credit Reporting Act
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