Ask The Trucker

Raising the Standards of the Trucking Industry


Denham AmendmentDriver WagesELDFeatured PostFMCSAFMCSAHOSPoliticsRegulations

Deadlines approach for 2 major trucker issues

Sep
12,
2018
0

Deadlines approach for 2 major trucker issues
1) Advanced Noticed of Proposed Rulemaking for HOS
2) The Denham Amendment in the FAA Reauthorization bill

FMCSA

FMCSA-ANPRM: Hours of Service of Drivers

If you ask truckers what is your focus right now and what are your priorities to see change, you’ll get a variety of answers, and there are many.  However the top 3 appear to be:
1) Creating exemption or eliminating the ELD mandate
2) Change the Hour of Service rule
3) Preventing the Denham Amendment from being included in the FAA bill which would limit trucker wages.

 

Deadlines are approaching for 2 of the above major trucker issues.
Hours of Service(HOS) and the Denham Amendment

  The ELD mandate enforces the Hours of Service rule and the 14 hour clock. The Electronic logging device rule forces truckers to install digital devices in their semi-tractors to track their driving time, ensuring they drive no more than 11 hours a day within a 14-hour workday. Drivers must then be off duty for 10 consecutive hours.
There is a problem however. SAFETY. When you pay a driver by the mile, then govern them by a clock, and then have them wait at loading docks for hours and hours without pay, you create unsafe situations. Drivers are now racing the 14 hr HOS clock.

The Hours-of-Service (HOS) Advanced Notice of Proposed Rulemaking of the Federal Motor Carriers Association (FMCSA) is a Top Priority as well as the Denham Amendment which the Senate will be voting on before the FAA funding bill runs out Sept 30th

 2 Major Deadlines which truckers are aware of and they are APPROACHING SOON.  Both are equally important and truckers need to make their voices heard on Both.

Deadline #1-  October 10th PUBLIC COMMENT  for the Advanced Notice of Proposed Rulemaking on Hours of Service-

HOS provisions.
To address these requests, FMCSA seeks public input in four specific areas in which the Agency is considering changes: The short-haul HOS limit; the HOS exception for adverse driving conditions; the 30-minute rest break provision; and the sleeper berth rule to allow drivers to split their required time in the sleeper berth.

Docket ID: FMCSA-2018-0248  Comment
Agency: Federal Motor Carrier Safety Administration (FMCSA)
Parent Agency: Department of Transportation (DOT)
Summary: ANPRM: Hours of Service of Drivers

Below is a video by Andrea Marks
She explains details about How to make comments and details about FMCSA Listening Sessions. Andrea is Chief Operations Officer at Marks Land and Livestock,Chief Operations Officer at Hershberger Livestock, and Program Manager at U.S. Department of Agriculture

Andrea is also a major force of TruckerNation.org founded by trucker advocate, singer, and songwriter Tony Justice.

Making effective public comments!

September 22 public listening session information: The Federal Motor Carrier Safety Administration (FMCSA) will hold a public listening session concerning the revision of current hours-of-service (HOS) regulations on September 22, 2018 from 10:00AM -12:00PM in Reno, NV.

September 22 livestream link: Join via computer
https://www.youtube.com/embed/Z8IvHRiwROI?rel=0

Need Help with your comments? Contact Andrea or Tony Justice at thetruckernation@gmail.com

 

Denham Amendment Update:  Deadline #2  The FAA Reauthorization bill will expire Sept 30th.  Drivers need to call NOW 202-224-3121

What is the Denham amendment? It is an amendment which would preempt states rights, states who protect employees, including truckers, ensuring they are paid for all time. The ATA has lobbied Congress since 2015 to have this amendment added to different spending bills in order to control truck driver wages and limit their ability to be paid for all time.

The  Denham Amendment has once again been included in the 2018 FAA Reauthorization bill, where companies would be LEGALLY permitted to only pay drivers for their miles driven, despite the fact that drivers are required to spend a great deal of time performing non-driving duties in the fulfillment of their employment such as pre and post trip inspections, maintenance and loading and unloading ( Detention Time). This would put an end for any possibility of being paid for  all time recorded  as “on duty not driving” 

Denham Amendment Vote No


The Denham Amendment has already been voted on in the House and Passed. It is up to the Senate to stop it from being included in the Final FAA Reauthorization bill.   Read more here

The Denham amendment, if passed, would preempt state laws and state court decisions, many of which have been on the books for decades. These state laws protect workers, including commercial truck drivers, from being exploited by wage theft. .
Read more here  Denham Amendment against truckers slipped in the 2018 FAA Reauthorization bill at 11th hour

So where are we now on Deadline #2 for the Denham Amendment?

FAA authorizations expires September 30th. Thousands and thousands of drivers have called their Senators and it has made a difference in the last 5 attempts that the ATA has tried to get this anti-trucker provision passed into law.

 Although the House has already passed their version of FAA bill, (H.R.4) which Included the Denham Amendment, the Senate is holding out and has not passed their version of the FAA bill. So far, because of YOUR CALLS, they have NOT included Denham Language in their bill.

 In order for FAA bill to be Re-Authorized by Sept 30, both the Senate and House have to come up with a bill agreed upon. (they would have to reconcile their differences)

 Here is what can happen:

1) An extension until the end of the year for FAA to give Senate more time to pass it’s version of FAA.

2) Senate passes their version of FAA, but still enacts an extension because there is not enough time to reconcile difference between the House Version of FAA and Senate Version.

3) The Senate passes their version, and then the House and Senate will appoint conferees to reconcile differences, ultimately to pass FAA. BEFORE September 30th. ( Not likely but still could happen)

 Take nothing for granted drivers. This is how Your Congressmen voted in the House regarding the anti-trucker wage- Denham Amendment

 It’s time drivers.  The ATA is NOW pushing hard to members of Congress for #Denahm Amendment against YOU in FAA bill. Trucker Issues are holding up the FAA reauthorization from reaching a final vote so Keep calling!

 Denham amendment would allow Trucker wages to be limited! Denham Amendment is Disguised under “Meal & Rest Break” but drivers know it means “No pay for detention time and other non driving work”

All Senators list

 Here is the Senate Committee Members list 

CALL NOW 202-224-3121

 

© 2018, Allen Smith. All rights reserved.

Technorati Tags: , , , , , , , , ,

Share

Previous

Next

By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

View all posts by Allen Smith →

Tagged: , , , , , , , , ,

What do you have to say about this? - Be the first!

To the top