For those who have been following, you know that there has been a tremendous amount of discussion regarding the hours of service rules and the laws of the State of Virginia in regards to truck drivers and the lack of parking. There have been numerous posts on other blogs and many news stations have picked up on it, making the general public more aware of this dangerous situation.
To sum things up, the FMCSA has established the hours of service rules stating that drivers must take a 10 hour break after 11 hours of driving. Next, there is a shortage of parking which has existed for many years now, forcing truck drivers to stop and park at either unsafe or inconvenient locations, taking the law required 10 hour break. The state of Virginia has proposed to close even more parking areas, creating an even more dangerous situation for drivers who need to rest. To make matters worse, law enforcement within the state is ticketing drivers who stop to take their rest. They wake them up to tell them that they are not allowed to park in the areas they are resting in, thus forcing them to “move on”, driving illegally by breaking the required law for the 10 hour break. As you can see, either way they end up breaking the law. Without enough parking available, they are forced to park illegally or forced to drive illegally, without their much needed and federal law required rest.
Recently it has come to our attention that two brothers, JB and Frederick Schaffner ( SilverSurfer) are doing much to remedy this problem as well as many other trucking issues which exist within the trucking industry. Their goal is to create a true unity among truck drivers and be at the aid of drivers in need.
JB and Silver Surfer
Many of you have complaints and are angry and frustrated about these driving conditions and laws which you have been forced to adhere to. Mr Schaffner has written a guideline to go by when addressing the authorities for these matters. We think it should be read and action should be taken if this applies to you:
“It has been brought to my attention to provide some help with what needs to be addressed. Here are some talking points to aid in your communication…”
1. Ask for the lead person in the specific agency your contacting. Example: Secretary of Public Safety Administrator Ms. Hazelgrove. Always ask for the administrator, but expect to possibly get their assistant.
2. Be clear on why you’re calling. This is an issue of truckers being ticketed and forced to violate HOS regulations and drive tired by law enforcement. Impress upon the individual you’re speaking with the seriousness of this issue. That a situation is being created by Virginia’s law enforcement which could result in a tragic situation, and they are using a law which is incompatible with FMCSA regulations.
3. Point out the Federal Motor Carrier Safety Administration’s regulation being violated. It is Part 355, Compatibility of State laws and regulations effecting interstate motor carrier operations. The state is required to review and determine whether state laws are compatible with FMCSA regulations. And in this specific case…a “Waiver of Determination” [355.25(d)] must be on file to allow the enforcement of the laws being enforced.
4. Remain respectful and don’t become frustrated when ignorance is being relayed back to you in the conversation. Take whatever contact info offered and follow through with contacting the individual you are told to contact. When you do…let that individual know exactly who told you to call them.
5. This is the important part…repeat call 2 to 3 times a week. Do exactly the same thing with your communication. Make it known through this process we are not going away until they abide by the laws which are already in place, and being violated.
This is a battle we can win. The law is very clear regarding this issue…and it’s on our side.
STAND UP, SPEAK OUT OR ACCEPT WHAT COMES!!!
Safe Trails and God Bless,
This was taken from a recent post in a social media group we encourage all to join:
“We are calling upon all truckers to take the few minutes each day and hound these state agencies regarding the time limit parking enforcement, which is in direct violation with FMCSA’s regulations.”
The FMCSA regulations being violated is Part 355
VA DMV/Motor Carrier Services
Secretary of Public Safety
Secretary of Transportation
Ms. Evelyn Shelton or Ms. Melony Roberts
Join us and speak out in the name of safety.
Safe Trails and God Bless,
SilverSurfer has also recently addressed the Secretary of Transportation within the state of Virginia proving this, by providing stated Federal Laws, that their actions toward truck drivers are illegal when based upon the Federal laws provided by the FMCSA. Included in part of the ending to his letter, he stated, “if only someone within the state of Virgina’s government would only stand up and do what’s right.”
These are the Federal Laws which he referred to when addressing the issue.
Requested Information: Federal Motor Carrier Safety Administration Regulations Part 395: Hours of service of drivers http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetails.asp?rule_toc=764§ion_toc=764 This link is to a U.S. Department of Transportation news release. Please take note of paragraph 4 stating, "...new federal rule requires all truck drivers to spend at least 10 hours resting between shifts before being allowed back on the road." FMCSA 07-08 Tuesday, November 18, 2008 Contact: Kristin Schrader Tel.: (202) 366-9999 http://www.fmcsa.dot.gov/about/news/news-releases/2008/111808.htm This link is to the Federal Register / Vol. 73, No.224 / Wednesday, November 19, 2008 / Rules and Regulations (69567), in which the final rulemaking process was completed by the Federal Motor Carrier Safety Administration regarding new hours of service of drivers (part 395.) http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/E8-27437-HOS-Final-Rule-11-19-08.pdf Part 350: Commercial motor carrier safety assistance program 350.333 Guidelines for the State Law and Regulation Compatibility Review http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkKey=09016334800242d9&keyword=355 Part 355: Compatibility of State Laws and regulations effecting interstate motor carrier operations 355.25 Adopting and enforcing compatible laws and regulations (a) General. No State shall have in effect or enforce any State law or regulation pertaining to commercial motor vehicle safety in interstate commerce which the Administrator finds to be incompatible with the provisions of the Federal Motor Carrier Safety Regulations. (b) New State Requirements. No State shall implement any changes to a law or regulation which makes that or any other law or regulation incompatible with a provision of the Federal Motor Carrier Safety Regulations. (c) Enforcement. To enforce compliance with this section, the Administrator will initiate a rulemaking procedure under part 389 of this subchapter to declare the incompatible state law or regulation pertaining to commercial motor vehicle safety unenforceable in interstate commerce. (d) Waiver of Determination. Any person (including any State) may petition for awaiver of a determination made under paragraph (c) of this section. Such petition will also be considered in a rulemaking proceeding under part 389. Waivers shall be granted only upon a satisfactory showing that continued enforcement of the incompatible State law or regulation is not contrary to the public interest and is consistent with the safe operation of commercial motor vehicles. http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkkey=09016334800242e8 The bottom line: We must remain united and continue the true brotherhood of trucking. Together we can and will continue to "raise the standards of the trucking industry.
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