Ask The Trucker

Raising the Standards of the Trucking Industry


Truckers Fighting Speed Limiter Regulation

May
23,
2016
2

Truckers Fighting Speed Limiter Regulation

Speed Limiter

Speed Limiter

Speed Limiter

 

 

 

 

 

If drivers do not want Speed Limiters on heavy trucks from becoming another law, then they will need to do something.

As professional truck drivers, we are aware of how unsafe speed limiters can be. Now, it’s our job as professional drivers to educate and inform others:

  1. Speed limiters are unsafe when sharing our highways with motorists, specifically, concerns with car–truck speed differential.

2. We need to request additional Speed Limiter Studies which would address the major concerns professional drivers have with SL’s.  So far it does not appear that adequate studies addressing  safety risks of speed limiters have been conducted.

Speed Limiter Review

Heavy Truck Speed Limiting Devices  Agency: National Highway Traffic Safety Administration (NHTSA)

HEAVY DUTY SPEED LIMITERS  proposed rule

 

OOIDA-Speed Limiters It has been concluded that the data utilized in FMCSA’s study did not find a statistical significance in reduction of crashes due to speed limiters.

2008 Safety Impacts of Speed Limiter Device Installations on Commercial Trucks and Buses

2012 Research on the Safety Impacts of Speed Limiter Device Installations on Commercial Motor Vehicles: Phase II

Today we are facing efforts to place into law a DOT final rule for Speed Limiters. If drivers sit back and DO NOTHING, they will have to accept the outcome and not complain.

MAY 2016-Speed Limiters- Where we are NOW

  • H.R.2577 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016

    Sen. Johnny Isakson, R-Ga., introduced an amendment to the Senate version of the transportation funding bill that, if signed into law, would direct the Department of Transportation to produce a final rule mandating speed limiters on trucks within six months of the bill being signed into law.

    U.S. Senator Johnny Isakson, R-Ga

    U.S. Senator Johnny Isakson, R-Ga

    The amendment is part of the Senate version of the Transportation, Housing and Urban Development appropriations bill.

    S.AMDT.4024
    Amends: H.R.2577 , S.AMDT.3896
    Sponsor: Sen Isakson, Johnny [GA] (submitted 5/18/2016) (proposed 5/18/2016)

    AMENDMENT PURPOSE:
    To direct the Secretary of Transportation to issue a final rule requiring the use of speed limiting devices on heavy trucks not later than 6 months after the date of the enactment of this Act.

     ***************************************************************************

    The following feedback was sent to me on Facebook by Ricky Brown, Owner of Ricky Brown Trucking, regarding Speed Limiters. I’d like to share it with everyone.

    Regulating Truck Drivers Through Speed Limiters

    Ricky Brown of Ricky Brown Trucking

    Ricky Brown of Ricky Brown Trucking

    There are 5,600,000 tractor trailers on the roads in the US. Imagine all 5,600,000 not capable of running over 65 mph. Some carrying 5,000 lbs, some carrying 45,000 lbs. This will create a logjam on Interstate highways, making it very difficult to pass. Cars are going to love this. Trucks as far as the eye can see. Running side by side for miles.

    Georgia Senator Johnny Isakson tacked an amendment onto a routine spending bill that would require the Department of Transportation to issue a rule mandating all commercial trucks be mechanically speed limited within six months of the bill’s final passage. As Owner Operator Independent Drivers Association (OOIDA) has previously reported, a proposed speed limiter rule has been stuck within the Administration potentially because the numbers surrounding speed limiters simply aren’t adding up. There is no sound science indicating they make highways any safer. Additionally, there is reason to believe the costs of the potential rule far outweigh any benefits.

    OOIDA CALL TO ACTION SPEED LIMITERS

    The Isakson amendment actually undermines safety, as all leading highway research shows that speed limiters create dangerous speed differentials on our nation’s highways. They also cause drivers to have less control of the truck during critical times when speed is needed to prevent certain types of crashes.

    The measure sets a dangerous precedent since there has not been a hearing in the Senate or House of Representatives on speed limiters. Furthermore, the recent passage of the FAST Act requires that all proposed Federal Rules must be based on the best science available, examine the impact on various segments of the industry including small businesses, and consider cheaper alternatives.

    In addition to the lack of evidence that supports the necessity of this bill to improve safety, there will be a financial burden to the trucking industry that will inevitably be passed on to consumers.

    I urge you to consider or reconsider this Amendment in the most stringent light and vote NO. Every bill passed by Congress often has negative unintended consequences that are never even considered during the debate process. The potential negative consequences of this Bill over-ride the effect that the bill is attempting to correct.

    Easier than Ever to Write your Representatives 

    This amendment tack-on is another prime example of why bills should be independently submitted, debated, and passed or vetoed. I urge you to take a responsible step in championing this change in procedures so that the American people will not be railroaded by cleverly hidden amendments that become Law by being passed on the back of larger legislation.

    Ricky Brown- Ricky Brown Trucking

    United States Senate Committee on Appropriations

    Subcommittee Members: Transportation, Housing and Urban Development, and Related Agencies

    Congressional phone number
    You can call the Capitol switchboard operator at 202-224-3121 to be transferred to any representative’s or senator’s office. All you have to do is provide the operator your home ZIP code.

    Write your Representatives 

     

 

Technorati Tags: , , , , , , , ,

To Repair or to Replace: When Commercial Vehicles Break Down

May
20,
2016
1

To Repair or to Replace: When Commercial Vehicles Break Down

 

Truck1-Blog -PostA truck in your fleet has started billowing more black smoke than usual, or the lifting arm on your excavator just doesn’t lift like it used to. The time has come to make a decision: Do you spend time and resources attempting to fix your existing equipment, or do you scrap the damaged goods and spend the cash for something shiny and new?

Your business depends on your vehicles, so having a reliably functioning fleet is absolutely imperative. Repairing and replacing are both expensive and exhausting activities, but each has its own advantages in certain situations. Knowing what action to take when will help you save time and money, keeping your business booming. Hopefully, this guide will help you determine whether it is worthwhile to repair or to replace your broken-down vehicle.

Typical Maintenance and Repair Expenses

Just like personal vehicles, commercial trucks need regular checkups to remain operational. A truck contains millions of moving parts that are integral to the function of the machine, and by following a strict maintenance schedule, you can reduce the likelihood of a catastrophic failure that prevents you from transporting goods and making money.

Tire maintenance is one of the most grueling expenses, in terms of both time and money. Tires easily see the most wear, and as a result, most truckers find that 3 percent of their vehicle’s expenses are devoted to maintaining the rubber on the road. On average, a single commercial tire costs about $250 ? which means the cost of new tires for all 18 wheels totals more than $4,500. Regular tire retreading can cut that number in half, but it is still a significant annual expense.

Some estimates suggest that repair and maintenance costs for a single truck can exceed $15,000 per year. This is because commercial vehicles require special skills and parts that not every mechanic has. As a result, labor fees for commercial trucks are high; shop time with such specialized mechanics usually costs well over $100 per hour, making routine maintenance tasks, like changing filters, a thousand-dollar ordeal.

With any luck ? and with religious adherence to your maintenance schedule ? your truck won’t have any serious repairs for a few years. However, any machine that sees as much use as a big rig will definitely need some patching up eventually.

Ways to Cut Costs

Ways to Cut Costs

There are a number of products available that help trucks remain in good condition longer. For example, diesel exhaust fluid Peak BlueDEF helps convert engine waste into harmless nitrogen and water, reducing gunk build-up as well as harmful emissions. During especially cold months, weatherizing trucks with appropriate equipment, like snow tires or chains, and chemical fluids will prevent unnecessarily dangerous conditions during the winter. Even hot months require extra care, as the bright sun can desiccate the outside and inside of big rigs, demanding expensive repairs. In the summertime, you should be prepared with custom window shades.

Perhaps most importantly, the way you drive can influence how much you spend on maintenance and repairs. Here are some unknown ways to treat your truck better and increase its lifespan:

  • Allow the engine to warm up without revving for about 10 minutes.
  • Avoid idling, which reduces a trip’s miles per gallon by one-third and wears engines twice as fast as normal use.
  • Drive at the most fuel-efficient speed for your vehicle, which is usually around 65 miles per hour, and in wet conditions, reduce your speed by one-third.

Replacement Value

Many truck owners decide it is time to replace their rigs when the cost of a single repair exceeds the value of their vehicle, but in truth, this is not the optimal way to replace a commercial truck. An old, completely worn-out truck has depreciated to the point of worthlessness, and you will earn nothing from reselling it or trading it in.

The best course of action is to perform an economic lifecycle analysis to determine when you will have attained the optimum value from your purchase. The calculations for this analysis are quite complex, and require data such as vehicle purchase cost, past maintenance and repair expenses, fuel expenses, downtime costs, depreciation expenses, and salvage values. Fortunately, there are a few online tools to help you understand the best time to replace.

By being smart and safe with maintenance and repairs, you can extend your commercial vehicle’s life ? but not indefinitely. Eventually, every truck needs to be replaced, but replacing too soon or too late will cost you. Before your big rig starts smoking again, you should consult your costs to determine whether now is the time to replace ? or whether you can get away with another few repairs.

Technorati Tags: , , , , , ,

ELD’s DO NOT prevent truckers from working more than 70 hrs/wk

May
17,
2016
2

 Truck ELD

ELD’s DO NOT keep truckers from working more that 70 hours/week

Has the General Public and Safety Advocacy Groups been Duped?

THE BIG LIE: ELD’s keep drivers from working more that 70 hours/week and thus have the ability to reduce Truck Driver Fatigue?

Fact is:  Truck ELD ‘s are just a smokescreen pretending to create Safer Highways as they LEGALLY reduce a drivers available hours to drive, therefore pushing drivers to work additional hours without pay.

For many years it has been an objective of the FMCSA, Safety Groups and a host of government agencies to create safety by introducing and mandating a continuous onslaught of regulations onto  drivers as a way to create safer highways.
Ironically, many of the rules within the FMCSA create more stress  including the Hours-of-Service (HOS) and the ELD ( Electronic logging device) which measure and records the Hours of Driver Drive Time, keeping drivers HOS compliant with the 14 hour clock. But does it really?

Purpose of the ELD  Final Rule

According to the FMCSA The electronic logging device (ELD) rule is intended to help create a safer work environment for drivers, and make it easier, faster to accurately track, manage, and share records of duty status (RODS) data.

Theoretically the ELD is to address and prevent: “Cheating” on Logs which would allow drivers to drive more hours, thus reducing Truck Driver Fatigue. In the minds of many this would logically create safer highways.  Although an ELD can accurately measuring a drivers drive time, it does not automatically monitor hours logged.
In other words, the device does not ensure a drivers hours are logged correctly, but rather will permit drivers to work many times in excess of 100 hours/wk

But how can that be?
An ELD synchronizes with a vehicle engine to automatically record driving time, for easier, more accurate hours of service (HOS) recording.

Additionally, whatever the driver enters, is what it records. The only thing the ELD can measure  relatively accurately, is when the truck is moving, or logged, “On Duty Driving”
Once the Truck is disengaged ( turned off or stopped) it no longer “automatically” logs what the driver is doing. The driver still manually enters either: Off  Duty, Sleeper Berth, Driving, On Duty Not Driving

 The FMCSA issued a Final Rule for ELD in December 2015.

Before we continue, these are some well known facts among the driving community

1) Most Truckers are paid by the mile with little or no compensation for their other jobs performed or “extra hours”
2) Drivers are mandated by FMCSA to a 14 hour clock, allowed to drive 11 hours within a 14 hour work period.
3) Drivers are held to a 70 hour work week
4) Drivers Log those hours according to the following in order to remain compliant
a) Line 1- Off Duty
b) Line 2 sleeper birth
c)  Line 3-On Duty Driving
d) Line 4-On Duty Not Driving
5) Most TL Drivers are not paid for detention time.
These hours readily eat up the 14 hour clock and 70 hour work week
6) Drivers will log either Line 1 ( Off Duty)  or Line 2( Sleeper Berth) to preserve their 70 hours while waiting at loading docks
7) Drivers often work 100+ hours /week
8) Drivers are not paid for as many as 40 hours/week of their time spent waiting and/or doing other tasks. Again, many times drivers log Line 1 or 2 to preserve their hours.

Map 21 -FMCSA – In 2012, the United States Congress enacted the “Moving Ahead for Progress in the 21st Century” bill, or, more commonly referred to as MAP-21. That bill, which also outlined the criteria for highway funding, included a provision requiring the FMCSA to develop a rule mandating the use of electronic logging devices (ELDs)

There is a possibility however, that the change in interpretation of CFR 395.2 in 2012 (from April of 1997), without public comment I might add, could “muddy the waters” as to define when it is “legally“allowed to log waiting at docks, Off Duty/Sleeper Berth, no matter how long the delay. How can that be? Aren’t drivers “at work” while waiting at the docks? Shouldn’t they be paid for waiting? Or could this change any hope for that?

Why do drivers log line Off Duty or Sleeper Berth when they are actually “On Duty not Driving”?  Is that Legal?
Shouldn’t they be logging line 4?What about  when waiting at docks?

Every driver reading this knows EXACTLY why this is…. Because as stated in Fact 1- Drivers get paid by the miles THEY DRIVE ONLY… NOT for their TIME.  This means that ANYTHING other than driving will not be compensated:  waiting time at docks ,weather, paperwork, looking for parking, eating, etc… This is “expected free time”  without pay that drivers accept as part of “their job”

Do ELD’s make roads safer?

Theoretically, ELD’s will monitor a drivers  11 hour drive time, determining when the truck moves. ELD’s do not monitor ANYTHING else however.
Example: A driver could drive 11 hours, shut down, manually log off duty while waiting at a dock for 10 hours (not sleeping) and then go on to their next load. No one would know.

On Paper ELD’s Seem like the perfect solution to safer roads, right?
But is it? The ATA, Safety Groups, and even Congress seems to think it will. But what do drivers say
?

Before we answer this, let’s talk about  the 70 hour work week?  Will ELD’s be able to monitor this?  Are they really only working 70 hours? Do drivers even  know or care that they are working over 70 UNPAID hours?
Fact is, ELD does not monitor what the driver is actually doing, even if logged Sleeper Berth,  they can still be working. Unless there is a probe connected to the driver or a camera watching EVERY move to ensure they get his/her rest, absolute assurance that a driver is “resting” is impossible.
Are we to expect Biometrics to follow?

The myth and Lie of ELD’s

MORE FACTS

1)Drivers have been conditioned to believe that THEIR TIME IS NOT VALUABLE. They believe only the hours they drive are valuable.
2) Drivers get paid by the mile, not for their time
3) Drivers Wages have remained stagnant for decades
4) Drivers believe that the only way they can make more money is to drive more miles
5) Drivers believe that logging off duty or sleeper birth is “legal” if they are waiting at a loading dock. They do this to preserve their 70 hour clock, which means they are working  70 hours plus 30+ hours extra waiting at shippers and receivers. They log this way to have more time to drive in order to make more money.

FMCSA: Definitions, Rules, and Guidance

Part 395
HOURS OF SERVICE OF DRIVERS

Interstate Truck Driver’s Guide to Hours of Service

DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration

49 CFR Part 395 July 12th 2013 Update from April 4th 1997
Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Off-Duty Time

What Is Off-Duty Time?
By understanding the definition of on-duty time, you will get a good idea of what is considered off-duty time. In order for time to be considered off-duty, you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing and be able to leave the place where your vehicle is parked.

On-Duty Time In a Commercial Motor Vehicle-  On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

The Federal Motor Carrier Safety Administration (FMCSA) excludes from the definition of on-duty time, any time resting in a parked commercial motor vehicle, with the driver relieved of all responsibility for the vehicle. Also excluded to be considered on duty, is up to 2 hours in the passenger seat of a moving commercial motor vehicle, immediately before or after 8 consecutive hours in the sleeper berth. This rule continues to require drivers to take 8 consecutive hours in the sleeper berth, and allows them to take an additional 2 hours in the passenger seat when the vehicle is moving, without artificially confining them to the sleeper berth for the entire 10-hour period.

Drivers already know that ELD’s will not create safer roads, but the media, general public, and safety groups unfortunately have all been given a false sense of security, believing that ELD’s and HOS are the answer to Safer Highways, eliminating Truck Driver Fatigue, and preventing fatal crashes… All of which are a cover up, designed to keep wages down and to keep drivers working harder to chase that carrot hanging down.

*****************

Here is a comment on a FaceBook Thread that veteran driver Pat Hockaday made in response to an ELD article by another veteran driver, Bob Caffee You can read ALL other Driver comments also HERE

EOBR ELD OMG

Pat Hockaday Comment:
Time has value! We are governed by the clock, not the number of miles we may run!
In order to run miles, we must have Available Hours to do so. In order to run miles, Mandated Breaks Must Have Been Taken! Mandated breaks deny us the use of our time, possession of our time has been taken away from us. Are we expected to just donate our time to the Job????
“Relieved of All Responsibility” implies that the Driver has the freedom to do as they please. OK, I want to mow my grass but my grass is a thousand miles away! NOW I Have to Hire Somebody to do “As I Please”.
If the Driver is “Relieved of All Responsibility” who has assumed the responsibility?? If the carrier, shipper or receiver has relieved a Driver from “All Responsibility” aren’t they responsible to return “All Responsibility” back to the Driver with the equipment in the same condition as it was when they accepted “All Responsibility”?
An employee Driver may leave the truck in the possession of the carrier when they go home but when you or I go home, aren’t we still responsible??
In order to be technically “Off Duty” the Driver must be relieved of duty and all responsibility to preform work and to be in readiness to preform work while being “Relieved of All Responsibility” for the truck, trailer and cargo.
HOLD ON A MINUTE, that’s how the definitions were written BUT the definitions have changed in 2013.

“Through the revision of the regulatory guidance, FMCSA makes clear that the motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest break may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location.”
https://www.gpo.gov/fdsys/…/FR-2013-07-12/pdf/2013-16687.pdf

Any OO or Independent worth two cents know that they must price themselves by considering the amount of time needed to do the job. Of course we must work within the prevailing labor rate that the market has set. Hmm, if we must compete against a labor force who’s value has been set for them by only considering the production that may be performed, the value of OUR Time has been established by the market, A Controlled Market, as is evident in this amendment to Part 395.2 that reads;

On-Duty Time In a Commercial Motor Vehicle
Effective February 27, 2012, the Federal Motor Carrier Safety Administration excluded from the definition of on-duty time any time resting in a parked commercial motor vehicle, with the driver relieved of all responsibility for the vehicle.
Combine this with the previous definition of “Relieved of All Responsibility” and it may be interpreted that Drivers may legally log “Off Duty” while waiting.
This goes against Part 395.2 that reads;

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
There is a lot to be considered that affects Drivers pay. ELD’s can be utilized by Drivers to increase the Safety of the Roadways only if they can AFFORD to operate in full compliance of the HOS.
How do the Drivers put these boxes to work For The Drivers????

 

 

Technorati Tags: , , , , , , , ,

Driver Productivity Increases as Wages Plummet

May
11,
2016
5

Driver Productivity Increases as Wages Plummet

INSULT TO INJURY REGARDING PRODUCTIVITY!

Transportation Veteran Jerry Fritts of American Overland Freight

Transportation Veteran Jerry Fritts of American Overland Freight

 

The contemporary economic theory that “enhancing ones’ productivity, enhances ones’ value”, is the path to ones’ enhanced prosperity.

Evidently, todays’ truckload driver is the exception to the rule. The study by Cass Information Systems in 1999 for the ATA, shows the average truckload driver earned about $41,600. Bob Costello, VP
& Economist for the ATA revealed that last year, the average truckload driver earned about $39,000.
That is a 5% drop in actual dollar bills since 1999 (Not adjusted for inflation). By the way, in 1980 an LTL
driver earned about $28,000 per year and a truckload driver earned about $2,000 less. Year 2000 the LTL driver is at $72,000 and in 2015 the truckload drivers’ pay fell to $39,000.

But the real human resource catastrophe in the truckload sector is revealed when the productivity numbers are considered over the 35 years since the inception of a lie””regulation.

  •  1980 drivers pull 45′ long, 96″ wide trailers
  • 2015 drivers pull 53′ long 102.3″ wide trailers
  •  A 15% increase in volume in just length, not considering the 6%
    gain in width with full loads.
  •  1980 maximum national gross weight limit: 73,280 Ibs.*  2015 maximum national gross weight limit: 80,000 Ibs.
  • 8% increase in productivity per load

*   1980 –  Driver was only allowed to log 10 Hr driving before taking
his required 8 hr break.

*   2000 –  Driver now has 11 Hr driving before break.

  •  A 10% increase of productivity per shift

*   1980– Driver maintained his 70 hr 8 day log recap which only
allowed him a legal maximum of 70 Hr over 8 days “On Duty” time
to work.

*   2000- Driver now has the 34Hr restart rule. This rule now allows a
driver approximately 84 Hr of legal “On Duty” time to work in the
same 8 days.

  •  17% increase in productive work hours per week.

1980 a majority of the nations’ drivers work under a national
Teamster contract requiring all work/time performed on the job
be compensated. The maximum hours a driver could work was 70
hrs in 8 days.   Also, these employers required all this time to be
legally logged as “On Duty Driving” or “On Duty Not Driving” as
required by CFR 395.  Violations for falsifying logs-TERMINATION

Driver Pay

$38,618 annually in 1980. When adjusted to 2015 dollars = over $111,000

2015 Truckload drivers paid only miles run. A study in 1998 by
Martin Labbe Assoc commissioned by the Truckload Carriers Assoc. reveals truckload drivers spend about 40 Hrs. per week waiting loading and unloading.
Logging Hours- Todays’ trucking management calls this “resting in the truck time”, therefore, “Off Duty”.
The safety and driver health tragedy is that this 40 Hrs is now in addition to the 84 hrs of legal “On Duty” time.  Not only that, but the truckload driver donates (ie. NOT PAID) this 40 Hrs and more, because there are other “On duty Not Driving Chores/Time” that at the direction of truckload management a driver also logs “Off
Duty“, “Sleeper Berth” to the economy.

WHAT TRUE PATRIOTS AMERICAS’ TRUCKLOAD DRIVERS ARE.!
WHAT OTHER GROUP OF AMERICAN EMPLOYEES DONATE OVER 40 HRS A WEEK, EVERY WEEK TO THE AMERICAN ECONOMY!!!

  •   Now we have proven that in 2015, using the truckload industries
    own numbers, that todays’ drivers are working at the direction of
    their employers 44% more hours per week in 1980.

1980Again national speed limit 55 mph. Can only log 50 mph average.

2015 – Variety of speed limits anywhere from 55mph to 80 mph.
Think California is only remaining 55 mph state. Oregon soon
going to 65.  Just a guess, but just watching truck traffic, I believe
we could assume about a 65 mph log average.  I often log avg 65
mph, but I do employ the higher horsepower equipment to
comfortably achieve this average. Fuel mileage is offset by higher
per hour revenue. Safety, as always, when conditions permit. (I
have over 5 million miles safe driving in 50 yrs). This 65 mph avg
of course does not include the large truckload carriers that often
employ minimally experienced drivers.

Another 23% increase in per log hour productivity.
Let’ s analyze this value.

  • 1980 – Old 50 mph avg X 70 log hrs per week = 3,500
    miles per week of capital utilization.
  • 2015 – New 65 mph avg X 84
    log hrs per week = 5,460 miles of capital utilization.

No not done yet! Truck Driver Productivity still increasing for Lower wages

  • 1980 – Running 250 hp engines obtaining 3 mpg fuel mileage.
  • 2015 – Running 500+ HP engines obtaining 7 mpg fuel mileage

 A 233% increased fuel efficiency!

If the answer to increasing ones’ prosperity is to be more productive then Americas truck drivers are more than earning their way! But where is the prosperity for the productivity?

Unless! The human resources that are manning todays trucks are_
 nothing more than human collateral in a commodity market!

Then this increase in productivity is really an increase in the availability of human capacity relative to demand!

” If this is true, and I believe it is then there is no honest respect for the human resource, much less the professional recognition because in a commodity driven business, the so called professional driver has no more value than a bale of hay!”

Jerry Fritts
50 year Safe Driver
Cordova, Tn

RELATED POSTS

Truck Stop: How One of America’s Steadiest Jobs Turned Into One of Its Most Grueling

How Trucking Went From One of the Best Jobs in America to One of the Worst

Trucker pay has plummeted in the last 30 years, analyst says

 

Technorati Tags: , , , , , ,

Truck Parking for OSA Listening Session

May
4,
2016
0
PRESS RELEASE FOR IMMEDIATE USE.

 Truckers for a Cause

 

Truck Parking for Obstructive Sleep Apnea (OSA) Listening Session

 

There is interest from over the road drivers in attending the FMCSA listening sessions on Obstructive Sleep Apnea scheduled May 12, 17 and 26, 2016.

FMCSA and FRA to Host Public Listening Sessions on Obstructive Sleep Apnea among Commercial Motor Vehicle Drivers and Rail Workers –

Unfortunately all three of the locations are downtown and none has truck parking in the area. HOWEVER
Truckers for a Cause, a support group for drivers with Sleep Apnea, has researched available truck parking and access via public transportation to the listening sessions. Information for all three sites is available at Truckersforacause.com. There is a Share a Ride sign up option on the site.

There also is a Facebook Group 2016 CMV Listening Session 4 Obstructive Sleep Apnea established to allow drivers to exchange information on ride, taxi, or Uber sharing.
 
This information is the best available from drivers familiar with the area.
It is NOT approved or provided by FMCSA.
 
For more information contact.
Bob Stanton (630) 715-1319
Truckerdad57@sbcglobal.net
 
Bob Stanton
(just a truck driver with sleep apnea)
(630) 715-1319
Those who cannot attend the meeting in person can view a live webcast and will be given a chance to submit comments online that will be read aloud at the sessions. FMCSA will post specific information on how to participate via the webcast .

****************************

FMCSA

FMCSA

This Proposed Rule document was issued by the Federal Motor Carrier Safety Administration (FMCSA)

Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea; Public Listening Sessions

Summary

FMCSA and FRA announce three public listening sessions on May 12, 17, and 25, 2016, to solicit information on the prevalence of moderate-to-severe obstructive sleep apnea (OSA) among individuals occupying safety sensitive positions in highway and rail transportation, and of its potential consequences for the safety of rail and highway transportation. FMCSA and FRA (collectively “the Agencies”) also request information on potential costs and benefits from possible regulatory actions that address the safety risks associated with motor carrier and rail transportation workers in safety sensitive positions who have OSA. The listening sessions will provide interested parties an opportunity to share their views and any data or analysis on this topic with representatives of both Agencies. The Agencies will transcribe all comments and place the transcripts in the dockets referenced above for the Agencies’ consideration. The Agencies will webcast the entire proceedings of all three meetings.

Dates

The listening sessions will be held on:

  • Thursday, May 12, 2016, in Washington, DC;
  • Tuesday, May 17, in, Chicago, IL; and
  • Wednesday, May 25, in Los Angeles, CA.

All sessions will run from 10 a.m. to noon and 1:30 p.m. to 3:30 p.m., local time. If all interested parties have the opportunity to comment, the sessions may conclude early.

For more info and to comment (Comment period ends June 8th)

The 20 questions in FMCSA’s sleep apnea ANPRM ( as a guideline only)
1.
What is the prevalence of moderate-to-severe Obstructive Sleep Apnea (OSA) among the general adult U.S. population? How does this prevalence vary by age?

2. What is prevalence of moderate-to-severe OSA among individuals occupying safety sensitive transportation positions? If it differs from that among the general population, why does it appear to do so? If no existing estimates exist, what methods and information sources can the Agencies use to reliably estimate this prevalence?

3. Is there information (studies, data, etc.) available for estimating the future consequences resulting from individuals with OSA occupying safety sensitive transportation positions in the absence of new restrictions? For example, does any organization track the number of historical motor carrier or train accidents caused by OSA? With respect to rail, how would any OSA regulations and the current positive train control system requirements interrelate?

4. Which categories of transportation workers with safety sensitive duties should be required to undergo screening for OSA? On what basis did you identify those workers?

5. What alternative forms and degrees of restriction could FMCSA and the Federal Railroad Administration (FRA) place on the performance of safety-sensitive duties by transportation workers with moderate-to-severe OSA, and how effective would these restrictions be in improving transportation safety? Should any regulations differentiate requirements for patients with moderate, as opposed to severe, OSA?

6. What are the potential costs of alternative FMCSA/FRA regulatory actions that would restrict the safety sensitive activities of transportation workers diagnosed with moderate-to-severe OSA? Who would incur those costs? What are the benefits of such actions and who would realize them?

7. What are the potential improved health outcomes for individuals occupying safety sensitive transportation positions who would receive OSA treatment due to regulations?

8. What models or empirical evidence is available to use to estimate potential costs and benefits of alternative restrictions?

9. What costs would be imposed on transportation workers with safety sensitive duties by requiring screening, evaluation, and treatment of OSA?

10. Are there any private or governmental sources of financial assistance? Would health insurance cover costs for screening and/or treatment of OSA?

11. What medical guidelines, other than those the American Academy of Sleep Medicine guidance the Federal Aviation Administration currently uses, are suitable for screening transportation workers with safety sensitive duties that are regulated by FMCSA/FRA for OSA? What level of effectiveness are you seeing with these guidelines?

12. What were the safety performance histories of transportation workers with safety sensitive duties who were diagnosed with moderate-to-severe OSA, who are now successfully compliant with treatment before and after their diagnosis?

13. When and how frequently should transportation workers with safety sensitive duties be screened for OSA? What methods (laboratory, at-home, split, etc.) of diagnosing OSA are appropriate and why?

14. What, if any, restrictions or prohibitions should there be on transportation workers’ safety sensitive duties while they are being evaluated for moderate-to-severe OSA?

15. What methods are currently employed for providing training or other informational materials about OSA to transportation workers with safety sensitive duties? How effective are these methods at identifying workers with OSA?

16. What qualifications or credentials are necessary for a medical practitioner who performs OSA screening? What qualifications or credentials are necessary for a medical practitioner who performs the diagnosis and treatment of OSA?

17. With respect to FRA, should it use Railroad MEs to perform OSA screening, diagnosis, and treatment?

18. Should MEs or Agencies’ other designated medical practitioners impose restrictions on a transportation worker with safety sensitive duties who self-reports experiencing excessive sleepiness while performing safety sensitive duties?

19. What should be the acceptable criteria for evaluating the effectiveness of prescribed treatments for moderate-to-severe OSA?

20. What measures should be used to evaluate whether transportation employees with safety sensitive duties are receiving effective OSA treatment?

 If you need Sleep Apnea testing or equipment, Truth About Trucking fully endorses CPAPAmerica .
Their quality, compliance, and affordability is second to none.

Technorati Tags: , , , , ,

Senator Boxer urges Appropriations Committee not to add “Denham Language” in THUD

Apr
15,
2016
3

Don't Give UP

Driver Wages continue to be attacked-  Provisions to overturn state laws designed to protect truckers began to first appear in the 2015 Highway bill- FAST ACT–  The provision, slipped in at the 11th hour, was called the Denahm Amendment. There was outrage among the Trucking Community and it was defeated, never making it into the final bill.
Related Post: How to Ensure Fair Trucker Wages in the 2015 Transportation Bill

After the Denham amendment failed in the transportation bill, the American Trucking Associations, the 50 ATA-affiliated state trucking associations, the National Private Truck Council, the Truckload Carriers Association and the Truck Renting and Leasing Association placed pressure on the House Committee on Transportation and Infrastructure to include this wage damaging “Denham Language in the FAA Reauthorization bill,.  Again, with the help of others, including  those within the truck driving community, the Denham Language was not included.
Related Post: ATA urges TIC to include provision in AIRR Act keeping trucker wages low

Read the Denham original language which was attempted to be added to both the Highway bill and the FAA Reauthorization bill.

Now it’s the Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations bill which will be the target for this dangerous truck driver wage provisions. The markup is expected this month.
Senator Barbara Boxer (D-CA) however, appears to be a step ahead of those who are trying just one more time to keep drivers from earning a fair wage.

Senator Barbara Boxer (D-Ca)

Senator Barbara Boxer (D-Ca)

Press Release:  U.S. Senate Committee on Environment and Public Works
04/14/2016 | Press release | Distributed by Public on 04/14/2016 19:56


Senator Barbara Boxer Sends Letter to Appropriations Committee on Meal and Rest Breaks Provision (US Senate Committee on Environment and Public Works)

(Source: US Senate Committee on Environment and Public Works) Washington, D.C. – Today, Senator Barbara Boxer (D-CA), Ranking Member of the Environment and Public Works Committee, sent a to leaders on the Appropriations Committee urging them to oppose efforts to include a provision in the Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations bill that would overturn state laws that protect truck drivers from being docked for meal and bathroom breaks.

Read Letter to Appropriations Committee-PDF

Dear Chairmen Cochran and Collins, Vice Chairwoman Mikulski and Ranking Member Reed:

I understand that the Senate Appropriations Committee plans to markup the Fiscal Year 2017 Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations bill in the near future. I applaud your efforts to move this important spending bill in a bipartisan manner.

I am writing to urge you to oppose any efforts to attach to the THUD appropriations bill an outrageous provision that would dock the pay of truck drivers by attacking state laws that protect their pay during bathroom or lunch breaks, or when performing necessary activities like loading or unloading a truck. This provision is a poison pill and I will use every tool at my disposal to oppose any legislation that includes it.

If anyone told us to dock our employees when they take a meal or bathroom break, we would think it was outrageous. Yet, that is exactly what this provision in would do to truck drivers. Truck drivers get paid for meal and bathroom breaks under the laws of 20 states. But truck drivers in all 50 states would be affected by this dangerous provision because their states would be barred from passing laws that protect them from being docked not only for bathroom and meal breaks, but for ‘non-driving’ responsibilities, such as loading the truck. This provision overturns court decisions reaching all the way to the Supreme Court.

This terrible anti-safety provision is a poison pill and including it in the THUD appropriations bill would end any chance of the bill moving swiftly in the Senate and I urge that it not be included in this legislation.

Sincerely,

Barbara Boxer
Ranking Member

It will now be up to us to continue to fight for something that one would think would be unthinkable to have to fight for. FAIR WAGES.
Keep posted, we’ll have more info on this subject

Additional Related Posts

The Truth About Trucking Network says NO to the Denham Amendment
Truth behind trucker wage theft and FAA bill Section 611
Is the ATA the voice for truck drivers?
The Denham Method. Will it Take Money Out of Your Pocket??? by Pat Hockaday

AskTheTrucker “Live” 2 Crucial Trucking Topics for drivers

Trucking Open Forum- Blocking Fair Wages for Truckers

The Denham Amendment MUST Be Defeated!! by Hal Kiah

 

 

 

 

 

 

 

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

Trucker Issues Circulate via Video and Social Media

Mar
28,
2016
1
Trucker Advocacy video contest- Making a Difference

Trucker Advocacy video contest- Making a Difference

Announcement for All drivers who want their voices heard about the topics concerning them within the trucking Industry.

WATCH and SCORE CONTEST VIDEOS

We want to invite you to be a part of a unique Video Advocacy campaign using Social Media and Video to share the truth about driver experiences within the trucking industry.

It is our goal to share the facts and reality through video regarding many of the vital issues that face the industry, specifically the issues which affect the professional driver

The media does not always accurately share much of the circumstances which include truck drivers. Many times this is because they are unaware of the truth involving a lot of the reality that face professional drivers, and only hear what “Big Industry” and or lobbyists tell them.  This holds true for those in Congress also, who many times are surprised when they hear the “different side of the story.”  It’s up to us to educate everyone.

Let’s make them aware.

Trucker Advocacy video Contest

Rate Trucking Advocacy Videos~ Cash Prizes!

Trucking Social Media (TSM) is running a Truck Driver Video Advocacy Campaign, inviting all truckers to submit their video on the TSM. Videos will be categorized in the Video Contest Category and will be shared through Social Media.  Prizes will be given to winners, and videos are judged by piers.  The videos with the most “thumbs up” will be awarded cash prizes.  Most importantly, the messages in these videos will be shared via Social Media.
Comments made on submitted videos (on contestant video page) will also be taken into consideration.
We ask that when you rate or comment on a video, you take into consideration:

a) The topic and content
b) How well the message came across and was articulated
$500.00 in Prizes

Truck Driver Advocacy Video Contest - Cash Prizes Awarded

Truck Driver Advocacy Video Contest – Cash Prizes Awarded-1st Place awarded by XYPPER.com

Contest Ends August 31st
Announcement of Winners will be Labor Day weekend and will be announced On FaceBook Social Media Pages and Groups, AskTHeTrucker.com, TruckingSocialMedia.com and AskTheTrucker ‘Live” internet radio.

Trucker advocacy video contest

Videos from YouTube are accepted.  Just submit the YouTUbe URL in one of 3 ways.

1)Submit directly  to the Trucking Social Media Website. Upper Right Corner – Click Submit and fill out short form
2) Send a message on the Contact Us page – Include the Video URL, Your Name, Website, and Title of your video
3) Contact us at info@truthabouttrucking.com  Send an email and Include the Video URL, Your Name, Website, and Title of your video

If you already have Advocacy Videos you have posted on YouTube, you may use them. Just submit the YouTUbe link

Video Topic suggestions:  Regulations, Driver Image, Sleep Apnea, Driver Wages, Detention Time, Truck Parking, No Idling, CSA Scores, Shippers and Receivers, Trucker Health, Brokers and Load Boards, Hours of Service, ELD’s, Speed Limiters, ANYTHING TRUCKING

It is our goal to share these videos to the Social Media platforms, therefor exposing the truth to everyone regarding the topics that no one seems to know about nor talk about, at least from the perspective of the driver.

SUBMIT your VIDEOS DRIVERS.

 

Technorati Tags: , , , ,

Is the ATA the voice for truck drivers?

Feb
24,
2016
5
Allen Smith

Thursday 2-25-16 6PM ET “Is the ATA the voice for the Professional driver?” 347-826-9170

There has recently been a strong divide going on within the trucking industry, one that could forever change the future for professional CDL truck driver wages. The ATA insists they are looking out for truckers as they attempt to convince drivers to vote YES on a provision in SEC 611 in the FAA reauthorization bill.

In a recent radio interview,the Chairman of the ATA, Pat Thomas, made the statement that the ATA is not only the voice of the trucking industry, but more importantly the voice to Congress and Lawmakers as well as those in charge for regulations.

The American Trucking Associations is the nation’s largest trucking industry lobbying group

Yes, regulations! You know the ones, Speed Limiters, ElD’s, CDL training standards and Carrier  exemptions!

To get to the point, a provision ( introduced in part by the ATA) is presently waiting to be approved in the FAA Reauthorization bill,. The FAA ( Federal Aviation, Administration) addresses the concerns of the Aviation Community.
However, slipped into the FAA bill is a provision hidden deep within, under “miscellaneous” which would affect the United States trucking industry, specifically the way wages are paid to CDL drivers. Among those who have placed pressure on the House Committee on Transportation and Infrastructure to include this wage damaging provision are:

American Trucking Associations, the 50 ATA-affiliated state trucking associations, the National Private Truck Council, the Truckload Carriers Association and the Truck Renting and Leasing Association.

Make no mistake, the ATA is desperately trying to get Section 611, the truck driver wage provision, in the FAA reauthorization bill!
Read more ATA urges TIC to include provision in AIRR Act keeping trucker wages low Is the ATA the voice of truck drivers?

The ATA is misleading drivers, telling them that if section 611 is not to be included in the FAA bill, that drivers will be forced to take 10 minute breaks which would disrupt their ability to maximize their “piece work only” wages …. which the industry itself has not only created, but has conditioned truck drivers to accept as fair. What they don’t tell them however is the broader part in the bill which would prevent drivers from receiving pay for all the other work they do. ( drivers can waive the breaks and just take the money)

Listen to the replay and know the truth about Section 611 and how it will affect driver wages.

Is the ATA your voice to Congress and Regulatory Law Makers?
If they are not then you must do the following:
Say “NO” TO Low Wages and Sec 611 of FAA bill (AIRR ACT) Call Switchboard 202-224-3121 for your Senator and Representative. When connected, Tell them to say NO to the Provision in the FAA Reauthorization bill in Section 611 on pages 256-258. Tell them this bill would eliminate the possibility for Truckers to ever be paid for all their time and would only assure MINIMUM WAGE for all their time. This would worsen already low wages for Truck Drivers and destroys any hope to be paid for all time.

FAA Reauthorization Bill
Aviation Innovation, Reform, and Reauthorization (AIRR) Act

Title VI Miscellaneous
Section 611 Federal Authority – pages 256-258

NOTE: These organizations (American Trucking Associations, the 50 ATA-affiliated state trucking associations, the National Private Truck Council, the Truckload Carriers Association and the Truck Renting and Leasing Association.) state that the provision they want included in the FAA bill, would “clarify” the Congressional intent of the. FAA Authorization Act of 1994.
Our question is, would it “clarify” or actually modify the original Congressional intent, partly to protect drives.
And what was the intent of the FAA Authorization Act of 1994?
The Federal Aviation Administration Authorization Act forbids states from enacting laws that interfered with prices, routes or service of motor carriers –Nothing about how drivers are paid! which a Federal Appellate Court agreed with in July 2014.

Remember, the ATA and others tried to get this provision in the FAST ACT highway bill under the Denham Amendment, and it was rejected. Drivers called their representatives and told them NO to the Denham Amendment. Opponents said then and now that the provision could derail efforts by unions and other trucker advocacy groups to reform things like driver pay and excessive detention time. OOIDA strongly opposed the Denham Amendment as well as their present opposition to the provision in the FAA reauthorization

If you feel the ATA represents you the driver, then do nothing and allow their lobbying efforts to include section 611 in the FAA bill, which will affect your wages.
If you do not believe the ATA is your voice, then call your representative and tell them no to Section 611 in the FAA bill.
202-224-3121

Thursday 2-25-16 6PM ET 347-826-9170 on AskTheTrucker ‘Live” listen here  Is the ATA the voice for the Professional driver?’ 

Additional Related Posts

The Truth About Trucking Network says NO to the Denham Amendment
Truth behind trucker wage theft and FAA bill Section 611
Is the ATA the voice for truck drivers?
The Denham Method. Will it Take Money Out of Your Pocket??? by Pat Hockaday

AskTheTrucker “Live” 2 Crucial Trucking Topics for drivers

Trucking Open Forum- Blocking Fair Wages for Truckers

The Denham Amendment MUST Be Defeated!! by Hal Kiah

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

Truth behind trucker wage theft and FAA bill Section 611

Feb
18,
2016
4
Transportation Veteran Jerry Fritts of American Overland Freight

Transportation Veteran Jerry Fritts of American Overland Freight

Trucking management/American Trucking Assoc., an organization that claims to speak for the American Trucking Industry that does not have one truck driver member and furthermore claims a membership of about 36,000 members. Many of these members are manufacturing OEMs, distributors, supply chain mgt, etc. Also 36,000 members is still a small percentage of the over 500,000 trucking companies with DOT authority. However, most of the ATA members are the very wealthy large carriers that no doubt, can afford the political influence that are in THEIR best interest. Out in the real world of trucking most of the 500,000 small entrepreneurial and family operations, not to mention the over 3.5 million truck drivers, the ATA and TCA are viewed with contempt and distain. May I also remind people that the one of the original reasons for de-regulation was to allow more competition. Most of the ATA members are left over giants from before de-regulation that still seek to dominate/monopolize competition and exploit their human resources. Just check the driver turnover rates in the truckload industry. Their focus on “driver breaks”, btw I experienced these very same driver breaks as casual employee at APA Transport in 1966. It was a non issue. If you had a heavy workload that day dispatch asked me to “work through lunch”. Then you were compensated time and a half for that extra hour of work. That was the industry standard. The carriers didn’t even have computers to track this extra pay.

Denham Amendment Vote No

Say NO to FAA reauthorization – Section 611- Against unfair truck driver wages

Point here is, trucking mgt is using this to camouflage the real issues. They know just where to tickle the drivers’ emotions so that they can continue to hide the other extremely important issue, “misclassification of employment” that quickly evolves to “theft of wages” Trucking mgt in an effort to avoid the millions/billions of dollars of back wages, benefits, etc… that they have been stealing from drivers for decades even went to the Supreme Court regarding these scam employment policies. The Supreme Court agreed with the 9 Circuit in that these drivers had been misclassified and these drivers were in fact employees. Therefore, the employers had to go back and re-determine all their working pay, reimburse all truck payments, maintenance, fuel, etc. Conclusion of current article “Wage Theft at the Ports: $6.9 million awarded to 38 striking truck drivers” : …Pay Drivers $6.9 Million in “Stolen Wages”. ….ruling, Pac 9 owes its’ drivers for unlawful deductions, liquidated damages, reimbursable expenses, pay for meal and rest periods, and interest and waiting time penalties.

Two things here that directly related to the defeated Denahm Amendment, an amendment introduced in the 2015 highway bill, which would have negatively affected CDL driver wages, has now been included as a provision in the FAA  reauthorization bill’s Section 611; “meal and rest breaks”


I will guarantee you that “rest time” expense is nearly nothing to the hundreds of thousands of dollars that they “stole” from the drivers.
Re: The other issues. “waiting time!” Wow this is something that we are just getting some traction on. You think this has something to do with “only piece work pay” in Denham.
The ATA and TCA are very aware that this “misclassification of employment” is about to become a tsunami in trucking. Many lease, lease purchase, independent employee schemes are about to explode! July 2015, the new interpretation of “independent” became law and many of these employers will fall into the same legal determination as PAC 9!

Think for a moment why does Denham provide for exemptions for previous periods of time in addition to present and future regarding labor laws for “theft of wages?” Kind of curious that every new law that I ever knew became effective upon implementation on the days it was passed and forward. Now before you begin to blame this all on Calif.. This misclassification of employment was one the major issues in the “Trucker Wars” in the 1960s! I was there! Fact: late 60s the Pittsburgh Federal District Court (equal to 9th Circuit) agreed with truck drivers/owner operators, “that because of the control exercised by the carriers, O/O where “defacto employees”.
Point here is, these carriers today knew they were skating on thin ice every day they worked this “independent contractor scheme” Any CPA will tell you this is not a wise choice, because if it backfires, it could put you out business. But these carriers, because they got away with it for so long thought they would never get caught. Don’t blame Calif. Or FMSCA,

I am telling you this “break time” issue is just a smoke screen. Google it. FedEx has already surrendered and has paid FedEx Ground “independent contractors “ about $250 million dollars in just one case, and they have similar class action cases in many other states that they are sure to lose because they “surrendered” in Calf after the Supreme Court sided with the 9th Circuit.

Remember, this was already decided in the 1960s when the Supreme Court decided against the carriers, the only chance they stand to avoid MILLIONS/BILLIONS of dollars for “theft of wages” is to change/introduce a law. Also, remember, these “theft of wages” for the drivers do not include all the penalties and interest, etc. for nonpayment of SS, unemployment taxes, workers’ comp and who knows what else they have avoided over the decades. For FedEx alone this easily gets into the billions of dollars. Every fact that I have presented here can be documented and the ATA and TCA come media shows wanting to talk about the problems with REST BREAKS!

Don’t be deceived people, this has very very little to do with rest breaks that are similar to rest breaks that I experienced in 1966!

Call your reps Speak Up!

Speak up and let your voice be heard 202-224-3121

CALL YOUR CONGRESSMEN, Especially your Senators because the ATA, TCA, and FedEX wealth have been able to now move this out of the House and into the SENATE

Also big money supporting Denham wording may become exempted from any and all labor rights you are privileged to in your own state, such as but not limited, workers comp, unemployment, etc. This would vary with every state. In the opinion of labor attorneys this could be a “violation of States rights” there is precedent here. The CDL. When conceptualized, we were going to have a Federal Commercial Drivers License. That did not happen because of STATES RIGHTS. That is why you have CDLs administered by individual states meeting the minimum requirements of the Federal Gvt.

This whole Denham idea was contrived quickly and not well thought out to save the butts of wealthy sociopaths.

Taking away our labor rights in our individual states actually throws the workers under 395 CFR into a black hole!!! This is an act of influential robber barons to seize a whole classification of Americas’ work force. This will be a first in the history of our country! We will become the first Federalized workers in history! And we know who will be in control- The ATA, TCA!!!!!! AND no-one has any idea what that would look like regarding driver working conditions, pay, worker comp, unemployment, etc.

WAY TOO MANY UNKNOWNS!!!!!!

VOTE NO on THIS MASSIVE CORPORATE TAKE OVER!!
Call the Washington Switchboard 202-224-3121 for your Senator and Representative. When connected, Tell them to say NO to the Provision in the FAA Reauthorization bill in Section 611 on pages 256-258. Tell them this bill would eliminate the possibility for Truckers to ever be paid for all their time and would only assure MINIMUM WAGE for all their time. 611 would worsen already low wages for Truck Drivers and destroys any hope to be paid for all time.

IF this idea was so good why did ATA twice now try sneak in into effect!!!!

Related Posts
“ATA urges TIC to include provision in AIRR Act keeping trucker wages low”
Trucking Open Forum- Blocking Fair Wages for Truckers

Jerry Fritts- Correlation between low wages and poor health

 

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

ATA urges TIC to include provision in AIRR Act keeping trucker wages low

Feb
10,
2016
9

TIC and AIRR ACT provision ensures low trucker wages

There they go again!
It seems large motor carriers will do just about anything not to be accountable for paying significantly low truck driver wages,  then taking measures to assure these low wages can not be overruled! All this, while they continue to keep their industry created driver shortage myth ongoing!

Proponents of the defeated Denahm Amendment, an amendment introduced in the 2015 highway bill, which would have negatively affected CDL driver wages, has now been included as a provision in the FAA Re-authorization bill (AIRR ACT).  The provision this time though is not an amendment, but rather included in the actual bill itself.

FAA Reauthorization Bill
Aviation Innovation, Reform, and Reauthorization (AIRR) Act
Title VI Miscellaneous
Section 611 Federal Authority – pages 256-258

Although the AIRR Act focuses on aviation and aircraft, a provision was slipped in deep within the bill as Section 611.

Who are the proponents supporting provision (Sec 611) and what EXACTLY would this mean for drivers?

In a February 1st letter sent to the House Committee on Transportation and Infrastructure,  an argument was made by supporters of Sec 611, that it is necessary “to clarify the preemption provision of the FAA Authorization Act of 1994 to restore the goals Congress intended when it sought national uniformity for motor carriers in the transportation of property.”
(basically meaning that states can not override federal law. State laws can protect rights of drivers, including paying them for the work they do in excess of piece work)

Who sent this letter to the T&I House Committee and why?

Among those who sent the letter were the American Trucking Associations, the 50 ATA-affiliated state trucking associations, the National Private Truck Council, the Truckload Carriers Association and the Truck Renting and Leasing Association.

Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and Aviation Subcommittee Chairman Frank LoBiondo (R-NJ)  introduced the AIRR Act legislation which included the provision affecting driver wages.

If the provision is allowed to remain in the FAA bill (Sec 611), it would prohibit states from requiring employers to have to pay drivers  certain types of added compensation, such as detention pay, pre and post trip inspections, paperwork, or just about any work other than piece work, commonly known as CPM.
In other words, a drivers’ day could include 14 hours of work, but if he/she only drives 200 miles out of that day, then that is all the driver would get paid for, according to Federal law.

Some may say, ” Well that’s all we get paid for now, what’s the difference?”
The answer is “A lot”

1)  There are states which have required trucking employers to pay their drivers for rest and meal breaks along with other work (besides just piece work).  The driver can waive taking  breaks, but the carrier would still have to pay the driver for the determined time allotted by the governing state.

2) We are at a time right now when drivers are fighting for laws to be changed, to be paid for ALL TIME working, including such things s detention time.  An inclusion of the 611 provision would squelch any hope that states could have extra protective wage laws for drivers, and since the ATA lobby is so powerful, it doesn’t appear hopeful that Federal Law would support drivers “paid for all time” any time soon.

Who is against provision -Section 611 of the AIRR Act?

Driver advocacy groups, OOIDA, and the Teamsters are among those against the FAA Reauthorization.

In a “call to action” by OOIDA, they stressed opposition to the preemption proposal for its inclusion of what it termed “an ambitious overreach that would limit the states’ ability to address pay issues. Section 611 contains the exact same provisions regarding fair-pay that our opponents unsuccessfully tried to include in the highway bill….“could unravel mandated fair pay for drivers and would empower large carriers to further reduce driver wages.  It would also gut the ability for states to address critical items like payment for detention time.”

Teamster President James P. Hoffa stated, “Now lawmakers are at it again, using the FAA bill to endanger motorists all across the country. These elected officials are doing the bidding of the American Trucking Association, which wants drivers on the clock as much as possible for time behind the wheel,” he continued. “In fact, the provision would also limit how a truck driver could be paid and not even compensate them for safety procedures like performing pre-trip inspections. In addition to robbing drivers of pay, the language could prevent drivers from collecting workers compensation and sick leave benefits, among other worker benefits. In short, it overrules the fundamental principle that all workers should be paid for the time they work.”
Read more

What should drivers do to ensure that Sec 611 of the AIRR Act is not included?

Call their Lawmakers at the Capitol Switchboard 202-224-3121

Say “NO” TO Low Wages and Sec 611 of AIRR ACT! Dial 202-224-3121 for your Senator and Representative. When connected, Tell them to say NO to the Provision in the FAA Reauthorization bill in Section 611 on pages 256-258. Tell them this bill would eliminate the possibility for Truckers to ever be paid for all their time and would only assure MINIMUM WAGE for all their time. This would worsen already low wages for Truck Drivers and destroys any hope to be paid for all time.

Spread the word to other drivers!

If you are on Social Media, share the word with other drivers.
Here is an article explaining how to have your voice heard and the ability to go viral on Social Media

Twitter Tags for Transportation & Infrastructure Committee Members

If you have a Twitter account, here are some Tweets to copy and Paste to post to your timeline.

AIRR Act Sec 611 Destroys any hope 4 #truckers 2B paid 4 all time~No overtime& only assures minimum wage.Call UR Reps! 202-224-3121

FAA Reauth bill~Sec 611 Destroys any hope 4 #truckers 2B paid 4 all time~ No overtime & only assures minimum wage.Call UR Reps! 202-224-3121

@Transport FAA reauthorization bill Provision Sec 611 would worsen already low wages 4 #truckers #politics #trucking http://ow.ly/Y4Vy5  

FAA reauthorization bill~Provision Sec 611 worsens already low wages for #truckers #politics #trucking VOTE NO 202-224-3121

FAA reauthorization bill Provision Sec 611~Destroys hope for #truckers 2 ever have #fairwages # politics #trucking   http://ow.ly/Y4Vy5

@Transport  #Politics #Congress What does #Aviation have 2 do with #TruckDrivers Wages? NO! to FAA Re-Auth Section 611 pg 256-258 #GOP #DEMS

@Transport Vote to OPPOSE FAA re-authorization bill section 611 pg 256-258 that would negatively affect #truckdrivers wages #Congress

***********************************************************
Attorney Christina Humphrey was our guest on AskTheTrucker Live Feb 6th 2016 and discussed the AIRR Act and what the consequences would mean for professional driver wages.  Listen to the replay

Listen to our November 2015 radio show with Aashish Desai explaining the dangers of the Denham Amendment 

Video explaining Denham Amendment (Same as FAA Sec 611)

Related Article “Aviation bill would reemphasize federal authority over states’ regulation of truckers’ hours, pay”

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

To the top