Ask The Trucker

Raising the Standards of the Trucking Industry


Obstructive Sleep Apnea Recommendations and Controversies

Nov
4,
2016
0

Controversies Loom over 2016 Obstructive Sleep Apnea Recommendations

rosarian-dotmedexam_msthd

 

 

Timeline

3/8/2016:   After recommendations from the National Transportation and Safety Board the FMCSA and FRA jointly published an Advanced Notice of Proposed Rulemaking on Obstructive Sleep Apnea.  The purpose was to collect data and information concerning the prevalence of moderate to severe obstructive sleep apnea (OSA)  in highway and rail workers and it’s impact on safety.

8/22/2016-8/23/2016:  The FMCSA Medical Review Board (MRB) met to review more than 600 comments that were submitted from medical professionals and organizations, labor, industry and safety organization as well as reviewing it’s own previously published 2012 Report on OSA in  preparation for the recommendations that the MRB would be making to the Motor Carrier Safety Advisory Committee (MCSAC).  Preliminary recommendations made were referral for diagnostic studies for OSA in drivers with a BMI greater than or equal to 40 or a BMI of 33-39 who meet 3 of 11 risk factors.

10/24/2016-10/25/2016:   The MRB and the Motor Carrier Safety Advisory Committee (MCSAC) agreed on recommendations.  It is up to the FMCSA at a later meeting to decide whether or not to adopt any of the recommendations made to it by the MRB and MCSAC.   If adopted, drivers with BMI equal to or greater than 40 OR with BMI 33-39 and 3 of 11 risk factors can receive conditional certifications and undergo testing.  If they are found to have OSA, they would need to undergo treatment.

Summary of Recommendations  (Obstructive Sleep Apnea)

Any driver with a Body Mass Index (BMI) of 40 or more will require testing.

For those with a BMI of 33-39 the MRB recommended that they have at least 3 of 11 risk factors listed below to require testing.

  • Male or post menaupausal women
  • Age 42 or older
  • Loud snoring
  • Witnessed apnea
  • Mallampati Class 3 or 4
  • Neck size greater than 17 in men or 15.5 in women
  • Micrognathia or retrognathia
  • Hypertension
  • History of stroke, coronary artery disease (CAD) or arrythmia
  • Type 2 diabetes
  • Hypothyroidism

 

Related Articles –Truckers with high BMI would be forced into apnea screening under FMCSA committee recommendations, drivers respond

CPAP America assists driver Sleep Apnea needs without exploiting

CPAP America

 

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The more unpaid hours you work, the less valued you are

Oct
28,
2016
8

We have been enduring a Driver shortage for 30yrs now that I am aware of.
We have also seen 100% turnover rates for as long as I can remember!

Could it be that the Drivers shortage is a profitable business model?

driver wages

The need to earn a sufficient paycheck every week, without having any knowledge of what production will be offered, places the Employee OTR Driver into the position that they must produce as much as possible today as there may not be opportunity to produce tomorrow.

The more unpaid hours you work, the less valued you are

History has taught us that piece work wages are dangerous and create economic hardship for many of those who are paid in this manner.
Most truck Drivers are paid piece work wages. As an OO, just as any other contractor, pieces produced are only part of the equation as I must consider the time frame in which production must take place.

Time is not even considered when an Employee OTR Driver is concerned.

These Drivers either have work today or not. The fact that they devote 168hrs to the job has no consequence.
They only earn if they produce and they have no control over the production schedule.
Read this again and let it sink in:  They only earn if they produce and they have no control over the production schedule.

Under this system, an Employee OTR Driver has sold 168hrs of their time for the price that pieces produced in that 168hr period pays them.
There are no adequate production guarantees offered to these Drivers. NONE.

Driver Productivity Increases as Wages Plummet

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.

The fact that these Drivers are not paid for their time has indeed created an unsafe atmosphere for the Drivers and the motoring.
The Evolution of the Driver Shortage, Trucker Wages, and Safety public.

The need to earn a sufficient paycheck every week, without having any knowledge of what production will be offered, places the Employee OTR Driver into the position that they must produce as much as possible today as there may not be opportunity to produce tomorrow.

It is amazing to me that the overall safety record of OTR Drivers is far superior to that of the motoring public at large under these circumstances.

Legal time constraints placed on OTR Drivers limit the amount of production time available thus adding additional pressure on the Driver to make the most of their available time to produce.

Truck drivers realize that they need more time to produce in order to maintain or increase their current income level. Because of this, they are adamantly against more regulations that restrict the time that is needed to produce pieces.

Most truckers fail to understand the laws of supply and demand that dictate more available working hours reduces the value of a working hour.
In other words, The more unpaid hours you work, the less valued you are!

Driver Wages will remain low as long as driver time is not valued. Unpaid time spent, manning their Work Stations, in which these Employee OTR Drivers have made themselves available and “ready to produce”, (should production opportunities be readily available), has in effect flooded the market with capacity that has kept the rates at 1980 levels.

The so called “Driver Shortage” is only a reality for carriers who desire to have reserve capacity staged in strategic positions. This business model is in place so as not to have to relocate equipment at a cost to only discover that the competition had arrived first.?
It is the Drivers, who are paying the price in extremely low pay for all “AT Work / Working Time”, that enable these Cost Effective Inefficiencies to be in place.

The trucking carriers, through their associations, seek more production time through legislation to offset lost production time due to profitable policies that include Speed Limited Trucks and management tools such as Electronic Logging Devices. Many of the Drivers ignorantly support legislation– How to Ensure Fair Trucker Wages in the 2015 Transportation Bill— that would provide them more available working hours as they fail to understand that it is not the regulations that prevent them from earning a decent wage, It Is The Method Used, PIECE WORK WAGES!
SAY NO to any Denham Language included in any transportation bills; example

InfoGraphic-STOP New Legislation-Truck Driver Wages at Risk

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

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The overreach of Regulatory Power- How far can it go?

Oct
22,
2016
8

One of the biggest concerns for most Americans is the size and power of government,specifically the “regulatory arm” of the Federal bureaucracy. Truckers know this all too well. Many times, in the name of “safety,” the Federal Motor Carrier Safety Administration (“FMCSA”) broadens their reach by promulgating new rules and regulations as we, the members of the industry, stand by scratching our heads, knowing that these same regulations, which are supposedly enacted to increase safety, often actually create unsafe road conditions when implemented, as a matter of “unintended consequences.” (Example: Speed Limiters).

The following write up is in response to the  Oct 17th Press Release that went out by the Federal Trade Commission.
FTC Charges Operators of Scheme That Used Fake Government Affiliation to Sell Commercial Trucking Registration Services

The overreach of Regulatory Power- How far can it go?

Federal Trade commission

Imagine this: you’re running your online truck permit business, and all of a sudden you have all your assets frozen without notice or due process, not able to access any funds, and control of your business is wisked out of your hands, and placed into the hands of a court-appointed lawyer, and you have no idea what’s happened!

What would you do?

Recently, the United States Federal Trade Commission (“FTC”) convinced a Federal Judge into believing that a 15 year old small business truck permit company Dotauthority.com and its sister company Dotfilings.com, were allegedly engaged in deceptive business practices and that there was an emergency situation that required such extreme measures. FTC was granted, ex-parte, a temporary restraining order (“TRO”) by the United States District Court for the Southern District of Florida last month. That means that government lawyers secretly went to a Federal judge, told only their side of the story, convinced His Honor there was a bona fide emergency situation that required him to immediately act without giving the other side a chance to know about the request.  The judge believed what he was told and he then immediately froze all of the owners’ personal and business assets and allowed the government to seize the businesses—all without a hearing!

Unbeknownst to the owners of these companies, including James Lamb. We have had Mr Lamb on our show numerous times (James has– through his volunteer efforts as chairman of his “Small Business in Trucking Coalition”– promoted safe truck parking for drivers, helped a trucker beat bogus ‘obstruction of justice’ charges when they woke the driver up during DOT mandated rest time, promoted truckers’ right to carry interstate with pro-gun legislation that is about to be introduced in the US Senate, and has generally promoted and protected the rights of small businesses against big business encroachment).
All of their personal and business assets, including bank accounts were frozen for 2 weeks until the September 29th hearing in front of the same Federal Judge. James was left with no means to feed his one year old baby daughter, other than the goodwill of friends and relatives and his cash on hand.
That’s when the judge learned the truth and then things drastically changed

(although the FTC is not telling that part of the story) …

After hearing the evidence, including James’ personal testimony on September 29th, the same judge reversed his prior decision and unfroze James’ assets and returned control of the businesses back over to James and his partner. While the judge did issue a preliminary injunction that will remain in place from now until the case goes forward for trial, the judge suggested the businesses should continue to be allowed to operate and he simply strengthened James’ existing disclaimers in the interest of clarity. It would appear the FTC is now trying to kill the businesses by declaring a public relations war on the businesses through the media in response. And that plan may very well be working.

Reading between the lines, what this basically means is: whereas the FTC got the judge to originally take over the businesses and freeze all assets immediately, as if James were part of some ISIS terrorist cell, the judge after hearing determined the government deceived him in its presentation of the “facts” before the hearing and determined that justice required for him to undo these harsh, intrusive actions… and that the alleged “emergency” purported by the government never actually existed in the first place.

Given the United States District Court for the Southern District of Florida promptly and fully lifted this previously-imposed asset freeze and terminated its previously imposed receivership, the ruling calls into question the propriety of the overbroad and aggressive tactics of the FTC and their motives for blindsiding the businesses instead of following the normal civil process of simply talking to the business owners first..

Dotauthority.com and UCRfilings.com are two of the websites that are used by the permit companies involved in the case to allegedly engage in deceptive practices. These are bona fide companies that have helped motor carriers comply with their regulatory filing obligations, apply for operating authority, and secure other related truck permits much like OOIDA does. And they have done so for fifteen years. There are scores– if not hundreds– of such companies across America servicing this industry. In fact, they are an entire industry within the industry in and of themselves. They act as third-party service providers that educate, consult with, and train small business carriers and brokers on federal regulations, and their compliance obligations; they offer services so owner-operators can outsource this part of their business to the experts so they can focus on the business of trucking.And these permit services declare themselves as such on their websites and marketing materials.

In fact, James is a former New York Department of Transportation Investigator who is admitted to practice before the US Surface Transportation Board and the Federal Maritime Commission, so he clearly knows his stuff and how to keep truckers and carriers out of trouble. Thus, his brand “DOT Authority” which offers a double entendre, playing on the term operating authority as he clearly is an authority on the DOT.

The FTC allegations of deceptive online advertising include allegations that James and his partner try to pretend to be the government (i.e. FTC alleges they are “government imposters”) and that their websites are made to look like government websites. Yet the look and feel of the DOTAuthority.com homepage is anything but a duplication of a government site; that is, it offers Youtube videos about getting authority and freight broker training. And it even specifically states: ”DOTAuthority.com is a consulting firm. It is not the Department of Transportation.”

And whereas the FTC would have us believe that these companies somehow “threaten” carriers, these companies simply warn carriers about the real civil penalties that they may face from the government if they fail to comply with their obligations. They merely offer a convenient way for carriers to meet their requirements to avoid getting fined (kind of like getting milk from the convenience store instead of making the trek to the grocery store), including a way for their annual permits to be renewed automatically so that they don’t ever forget to comply and then get reminded on January 2nd with a Happy New Year “gift” in the form of a $1,000 or more ticket by a state trooper or DOT agent.

What does the FTC do?

The FTC is charged with protecting consumers by stopping unfair, deceptive or fraudulent practices in the marketplace. They conduct investigations, sue companies and people that violate the law, develop rules to ensure a vibrant marketplace, and educate consumers and businesses about their rights and responsibilities. But sometimes, they get it wrong and target the wrong folks as in this case…

What are the dangers of over reach?

This case should scare folks. Can the Federal Government just “allege” activity without real proof?
Are we following a new model of GUILTY until proven INNOCENT?

We note this was a complaint filed by a federal government agency, the FTC, not a class action by individuals as some others in trucking media have suggested.

The FTC states on their website: “NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.”

Question: But should ‘reason to believe’ be transformed into a government right to destroy a business and the lives of the business owners before the accused even steps foot into court and has a chance to defend themselves?

We note this is not a criminal case, but rather a civil case, although it could be argued that criminal conduct has been alluded to in their press release.

According to James’ lawyers’ statement, the companies being accused operate several permit related businesses that all help interstate commercial carriers remain compliant and navigate through the complex and ever changing state and federal regulations. Case in point: the new “Unified Registration System” that allows FMCSA to now deactivate carriers’ USDOT Numbers if they fail to file biennial reports…

James has attempted to get that message out to carriers and has offered to help them comply. His company prepares and files these reports for carriers (much like a taxpayer has an accountant prepare his or her taxes) or enables carriers to do it themselves through an automated service at a lesser cost.

The FTC has apparently taken overzealous issue with this service as well, suggesting carriers should not be asked to pay for something they can do themselves.

REALLY?  How dare you hire a painter when you can paint your house yourself!

Perhaps the FTC needs to read the First Amendment as we are free to talk with, associate with, and contract with anyone we wish in America. Big Brother does not always know best.

These permit company owners post on their websites obvious disclaimers, stating they are a 3rd party consulting firm and are not affiliated with any government authority.
Despite admitting to having seen these disclaimers, the FTC still filed charges alleging the owners were engaging in deceptive online advertising practices by misleading consumers into believing that their permit companies were affiliated with a governmental entity. It just doesn’t make  sense. Either the disclaimers were there, or they were not there. And they clearly were there.

In fact, you can visit these websites yourself and see the disclaimers boldly written. There are no fraudulent Federal logos on the websites to confuse or mislead people. I myself have been on the websites and never thought they were government websites, but rather what they obviously are, 3rd party filing companies. There are many small companies who are willing to pay 3rd party consultants to file all their paperwork just as some small businesses have accountants and bookkeeping partners handle their paperwork..

The part of this that really scares me, though, is that all the FTC needed is to have their “reason to believe”…. even though the disclaimers are obviously stated on the permit company owners’ websites.

I have no doubt the permit companies will win this civil case in the Federal Courts and justice will ultimately prevail. The sad part, however, is that in a case like this, the mere allegation of wrongdoing and the issuance of press releases before trial is often enough to destroy the reputations of the businesses and force them to close even before the trial.

So, if this makes you angry and fear the overreaching abuse of Federal authority more than ever, well, then you are right to be afraid. You have a right to be angry and afraid.
Comment on the this article and share your voice!!

Read more MONDAY Oct 24th Press Release “Diluted Preliminary Injunction Order Repels Aggressive Tactics Used by FTC Against Online Advertiser”

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Is ATA honoring pledge to the Truck Parking Coalition?

Oct
11,
2016
1

 Is the ATA honoring their pledge to the National Truck Parking Coalition?

Hope Rivenburg

Hope Rivenburg – Jasons Law Truck Parking Survey ceremony and pledge with DOT and Stakeholders- Forming National Truck Parking Coalition

 It seems like yesterday that DOT released their Truck Parking Survey. The Jason’s Law Truck Parking Survey and Comparative Assessment was conducted by the Federal Highway Administration (FHWA) to meet the requirements of the Moving Ahead for Progress in the 21st Century (MAP- 21; P.L. 112-141) law that became effective on October 1, 2012.
(The Jason’s Law provision in the 2012 MAP-21 highway bill is named after murdered truck driver Jason Rivenburg.)

In 2009 Hope Rivenburg, the young widow of murdered trucker Jason Rivenburg, vowed to change the perils of the truck parking shortage by standing up and fighting for legislation, allowing for more safe truck parking.

Finally, the day long awaited for… The results of the DOT Truck Parking Survey and the forming of the National Truck Parking Coalition


On Friday August 21, 2015, an emotional day for Hope Rivenburg, who was the focal point of the truck parking survey announcement ceremony and the pledge signing commitment  in Washington DC. The newly formed National Coalition on Truck Parking including prominent DOT reps, had their official briefing and truck parking commitment to support the need for more truck parking.

Hope Rivenburg, DOT reps and stakeholder groups all openly signed the pledge, forming the newly created National Coalition on Truck Parking.

Video of Jason’s Law Truck Parking Announcement, Signing, and Pledge

Stakeholders expected to be very active in the newly formed coalition include:  FHWA, FMCSA the American Association of State Highway and Transportation Officials, the American Trucking Associations (ATA),  Owner Operator Independent Drivers Association (OOIDA), the National Association of Truck Stop Operators (NATSO) and the Commercial Vehicle Safety Alliance.

The first gathering of the Truck Parking Coalition was November 2015. With an interest in continuing the dialogue on national truck parking needs, the United States Department of Transportation (USDOT) formed a coalition of stakeholder organizations to help resolve truck parking problems. The four regional 2016 meetings brought together members of the coalition to identify strategies and approaches that address the parking needs of interstate truckers.

June 8 – Salt Lake City, Utah
July 12 – Hanover, Maryland
August 26 – Dallas, Texas
October 5 – Grain Valley, Missouri

As advocates for professional drivers, we are proud to announce that fellow truck driver advocate Desiree Wood, President of REAL Women In Trucking, attended all 4 meetings. Also attending all 4 meetings was Mr. Carl Rundell from “Truck Smart Parking Services“. Read more details about the summary of the 2016 meetings– “Truck Parking Coalition” 

What we did find disturbing was that the trucking industry carriers, those who employ many of the millions of OTR truck drivers, did not attend.

As a matter of fact, Lisa Mullings CEO of NATSO remarked during the final meeting at OOIDA Headquarters Where are the carriers in this conversation? They call themselves “Logistics” companies and they are dictating fuel stops and highway routing in the bigger carriers, Why aren’t they helping their own drivers with parking?

Many of these carriers are active members of the American Trucking Association (ATA),  one of the major stakeholders who openly signed the pledge to commit to the National Truck Parking Coalition.  The ATA themselves did attend meetings, although I’m not sure  how heartfelt a commitment or understanding of the truck parking shortage they have, which obviously affects many of their members’ employees health and safety, not to mention the safety of the general public.  I only say this because just recently I read an article in Transport Topics,  “Opinion: Significant Accomplishments; More to Be Done”

In the article it discussed the highway bill — the FAST Act — and how the legislation directs new funding to freight projects, specifically to highways. It discussed a number of what was considered the industry’s priorities, such as reforms to the CSA safety monitoring system and the ordering of the federal government to set hair testing standards for carriers to use in drug screenings, as well as making it easier for veterans to return to civilian life and begin careers in the trucking industry.
But nowhere was mentioned the Federal Priority for addressing the Truck Parking Shortage. I remind you, the ATA is  a National Truck Parking Coalition Stakeholder.

The Freight Projects mentioned are stated in the FAST Act requirements which explains that each state must have an approved freight plan and freight network in place by December 2017 in order to continue to use their freight formula funds.  The FAST Act: The Freight Provisions    read more on how to take action.  TRUCK PARKING IS ELIGIBLE for those funds!!

I can only hope, as part of Trucking Moves America Forward, the ATA and their members will re-evaluate the seriousness of the truck parking shortage and honor the work of widow Hope Rivenburg as she worked tirelessly to ensure Jason’s Law was included in MAP-21.  We remind them that it is Truckers who move America Forward, and Truckers have the right to take their federally mandated Hours-of-Service break while resting in safe and adequate parking locations.

Hope RIvenburg-Desiree Wood-Truck Parking Coalition

Hope Rivenburg-Desiree Wood- attending Final 2016 Truck Parking Coalition Meeting at OOIDA -October 5 – Grain Valley, Missouri

As part of the Call to Action, we are asking drivers, and all who care about drivers, to make the calls to the Metropolitan Planning Organizations (MPO’s). MPO’s are responsible for planning metropolitan areas and this is where truck parking is the biggest problem. Currently, States have been tasked by the Federal government to do something they have never been required to do in the past, that is to create a freight plan.
Again,States must have an approved freight plan and freight network in place by December 2017 in order to continue to use their freight formula funds that were made available in FAST Act.  See Link: The FAST Act: The Freight Provisions

This is a call to action;  TELL THE MPO’s to include TRUCK PARKING in their FREIGHT PLAN

 

“How to Take Action on a Local Level for Truck Parking”
Here are the steps to follow:

  1. Use this link to the MPO Interactive Map to locate your State MPO contact information.

    STATE DIRECTORY LISTING FOR METROPOLITAN PLANNING ORGANIZATIONS (MPO's)

    STATE DIRECTORY LISTING FOR METROPOLITAN PLANNING ORGANIZATIONS (MPO’s)

  1. Use the SAMPLE LETTER located on the MPO Interactive Map Link as a guide by using “cut and paste” and then revise the letter for your particular region and situation. You can use this link to download a PDF of the SAMPLE LETTER TO STATE AGENCIES. ( This letter is only a sample, it is not to be used verbatim, please personalize it to your situation).
    (There are phone numbers listed also if you would rather call)
  2. Send a letter, email it or make phone calls to the state agencies you have selected from the MPO Interactive Map to explain the pertinent information in a respectful manner that includes asking if “truck parking is in the freight plan” and if they are aware that “truck parking is an eligible activity for FAST Act funds and it is necessary in their region”.
  3. Identify to these agency heads in your letter or phone call that the funds “can be used on eligible projects until December 2017. After that, they can only use them if they have their freight plan in place”.  (Remember that eligible activities include truck parking and ITS type systems for information sharing and notifications).
  4. You can also help by calling State Motor Carrier Associations to make sure they understand that truck parking is an eligible project and asking them if they know “What’s in the freight plan?” for that State.
    The goal is to make certain that the agency representative comes away from the conversation with awareness that truck parking is needed and eligible for funds for their state.
  5. If possible, get involved in State and MPO area freight advisory committees.
  6. Ask the State agencies that you contact: “What have you done to improve on Jason’s Law data since the report was published”?

If they have not heard of “Jason’s Law” ask them for their email to share this these links with them.

FHWA DOT Jason’s Law

USDOT “Jason’s Law” Survey Reaffirms Nationwide Truck Parking Needs

 

Listen to the Replay> Solutions to Improve Truck Parking with Host Allen Smith and Guests Nicole Katsikides Deputy Director of Maryland Department of Transportation Office of Planning and Preliminary Engineering and Desiree Wood President REAL Women in Trucking, Inc.

 

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Truck Parking Coalition proceeds to focus on parking crisis

Sep
21,
2016
6
Hope Rivenburg

Hope Rivenburg- Crusader of Jason’s Law and cornerstone for the National Truck Parking Coalition

In an effort to address the truck parking crisis, the Federal Highway Administration created the National Coalition on Truck Parking consisting of industry stakeholders.  Four events were scheduled to discuss the problems. As we approach the final meeting of 2016, we’d like to share a review and the progress of Jason’s Law and the National Truck Parking Coalitions’ goals, motives, and progress.

We would also like to share the follow up of what REALWomenInTrucking.org (RWIT) has embarked upon as a result of attending these meetings, as well as the valuable networking which occurred.  Desiree Wood, President of REALWomenInTrucking, will be attending the final meeting this year on October 5th 2016 in Grain Valley, MO. Hope Rivenburg, crusader for Jason’s law the cornerstone for the National Truck Parking Coalition, will also be attending the final meeting.

Also attending the last meeting in Dallas, Tx was Pat Hockaday of Truckers United. He posted his assessment of Truck Parking on Facebook,  which we have included in this article also. He will also be attending the Oct 5th meeting in Missouri.

First a review of Jason’s Law, Map 21, The Truck Parking Shortage, and the National Truck Parking Coalition.

Truck Parking

Truck parking shortages are a national safety concern. An inadequate supply of truck parking spaces can result in two negative consequences. First, tired truck drivers may continue to drive because they have difficulty finding a place to park for rest. Second, truck drivers may choose to park at unsafe locations, such as on the shoulder of the road, exit ramps, or vacant lots, if they are unable to locate official, available parking. Numerous public, private, academic and non-profit studies have been completed on the adequacy of truck parking, and these studies have some common findings including an expected growth in truck activity, severe shortages of parking for trucks, lack of information on truck parking opportunities, and challenges due to limited delivery windows and specific rest requirements.  Read more for the links which provide information to the programs and activities authorized that support truck parking, as well as the reports, surveys and historical information for truck parking.

Purpose  The National Coalition on Truck Parking meetings aimed at identifying solutions to truck parking issues around the nation.
It was created by the U.S. Department of Transportation’s Federal Highway Administration (FHWA) to address well documented shortage of truck parking across the nation.

Truck parking problems are a national safety concern. Studies have documented projected growth of truck traffic on the nation’s highway system, severe truck parking problems in some regions, a lack of adequate information for truck drivers about parking capacity at existing facilities, and the challenges associated with routing and delivery requirements.

With an interest in continuing the dialogue on national truck parking needs, the United States Department of Transportation (USDOT) formed a coalition of stakeholder organizations to help resolve truck parking problems. The four regional meetings bring together members of the coalition to identify strategies and approaches that address the parking needs of interstate truckers.

Dates and Locations:

June 8 – Salt Lake City, Utah
July 12 – Hanover, Maryland
August 26 – Dallas, Texas
October 5 – Grain Valley, Missouri

The Jason’s Law Truck Parking Survey and Comparative Assessment was conducted by the Federal Highway Administration (FHWA) to meet the requirements of the Moving Ahead for Progress in the 21st Century (MAP- 21; P.L. 112-141) law that became effective on October 1, 2012.

In MAP-21, “Jason’s Law” was established to provide a “national priority on addressing the shortage of long-term parking for commercial motor vehicles on the National Highway System (NHS) to improve the safety of motorized and non-motorized users and for commercial motor vehicle operators.” Specifically, Jason’s Law requires the U. S. Department of Transportation (DOT) to conduct a survey and comparative assessment in consultation with relevant State motor carrier representatives to:

  1. Evaluate the capability of [each] State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation;
  2. Assess the volume of commercial motor vehicle traffic in [each] State; and
  3. Develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in [each] State.

This work evaluated levels of truck parking demand and compared it to publicly and privately available truck parking opportunities along the National Highway System (NHS). Metrics have also been developed so that truck parking problems can be periodically evaluated. FHWA has made information available on truck parking at: http://www.ops.fhwa.dot.gov/freight/infrastructure/truck_parking/

desiree-wood-national-truck-parking-coalition

Desiree Wood of RealWomeInTrucking attending Truck Parking Coalition meeting

As a result of the National Truck Parking Coalition meeting and as one of the original 2009 advocates of Jason’s Law,Desiree Wood. founder of RWIT has created a group on Facebook to gather all who would like to seriously be a part of making positive change by addressing Truck Parking Shortage. The group is The Truck Parking Coalition

The purpose of the groups is to share truck parking news and updates as well as  review all notes from the National Truck Parking meetings. A most beneficial result so far has been the call to action to take part in notifying agencies about  laws and available funds:

How to Take Action on a Local Level for Truck Parking-
RWIT explains that we all have a voice that can help move this discussion further into our communities by taking the time to ask questions.  Request more information from state agencies by doing the following:

MPO State Listing Truck Parking

Truck Parking: STATE DIRECTORY LISTING FOR METROPOLITAN PLANNING ORGANIZATIONS ( MPO)

Send a letter to the agency heads informing them of the FAST Act requirements which says that each state must have an approved freight plan and freight network in place by December 2017 in order to continue to use their freight formula funds that were made available in FAST ACT. The FAST Act: The Freight Provisions    read more on how to take action

Desiree then created a template of the letter to send to state agencies.
Letter to state agency regarding FAST ACT  It is suggested to make more personal according your personal experiences.

Finally,  Metropolitan Planning Organization (MPO) Database
to send your letter or CALL

TRUCK PARKING -A  Facebook thread by Pat Hockaday 

Pat Hockaday-Truckers United

Pat Hockaday-TruckersUnited.org

 

It should be obvious to everyone that when ELD’s, E-Logs on steroids, come into play our parking problems will Only INCREASE as the variances that are currently available on E-Logs will come to an end.
NO MORE WIGGLE ROOM DRIVERS!!!

Consider the impact that speed limiters will have. When we slow the trucks down how many MORE Trucks will be needed to haul the freight we currently haul?
I have been invited to attend the last Truck Parking Coalition Listening Session in Grain Valley, MO at the  OOIDA Headquarters on 10/5.

Lets get a list going per topic for me to take with me.

These are the topics for discussion;

Topic Area #1Parking Capacity Expansion
This discussion will cover the overall supply and accommodation of truck parking spaces. Key considerations for this topic include the siting and accessibility of trucking parking facilities, facility design, and the use of sites not typically used for truck parking (such as brownfield sites and weight stations) for use as potential spaces during periods of peak parking demand.

Topic Area #2Funding/Finance (Regulatory/Policy)
This topic includes the funding of facilities and technology to accommodate trucking parking. Also, regulations and policies that affect truck parking are included under this topic. Items for discussion include funding under federal transportation authorization, other potential funding sources such as public/private partnerships and incentives for new/expanded facilities. Regulatory issues and policies, such as hours of service requirements, will also be discussed under this topic.

Topic Area #3Technology/Data
Discussion for this topic includes the use of roadside ITS and in vehicle technology through smartphone apps or online resources for truck parking. Other items for this topic include leveraging truck parking data, ensuring inter-operability of technology applications, and sharing of information.

Topic Area #4 – Coordination with Regional and Local Governments
The discussion of this topic will cover coordination with regional and local governments, and community outreach to discuss the important of truck parking. On the regional level, discussions should focus on how to integrate truck parking considerations into a Metropolitan Planning Organization’s Transportation Improvement Program. On a local level, this topic will address how to best communicate the need and benefits of accommodating truck parking through land use controls

 

 

 

 

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Trucker Advocacy Video Contest Winners

Sep
12,
2016
0
Truck Driver Advocacy Video Contest

Trucking Social Media Truck Driver Advocacy Video Contest

Starting in March 2016,Trucking Social Media (TSM) conducted a Truck Driver Video Advocacy Campaign, inviting all truckers to submit their video on the TSM. Videos were categorized in the Video Contest Category of TSM and were then shared through Social Media.

GOAL The media does not always accurately share the challenging circumstances which affect truck drivers. This could be because they are unaware of the truth involving much of the reality that faces professional drivers, or they 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, the drivers, to educate everyone.

It is our goal to share the facts and reality through truck driver video regarding many of the vital issues that face the industry, specifically the issues which affect the professional driver. Another category on the TSM website is the Advocacy category.

PURPOSE of the Contest:  Because truckers continue to express their trucking industry concerns and frustration on Social Media websites, we believe the best way to reach the masses, including Congress and the general public, is through vocal expression, specifically Video.

We thank all the truckers who sent their videos for sending their strong message to share. Please continue to share their videos on Social Media. We ask you to please follow and create your own videos to share on Social Media. If you would us to help you share them, please submit your YouTube or Vimeo to us on Trucking Social Media.

We would like to thank Xypper, the game changing freight matching system for the trucking industry. Xypper sponsored the first place prize of $250.00 

Xypper App to your iPhone

Xypper Technologies

 AskTheTrucker “Live’ on Blog Talk Radio and AskTheTrucker sponsored 2nd and 3rd place winners respectively.

 

WINNERS OF THE TRUCK DRIVER VIDEO ADVOCACY CONTEST

Toby Bogard 1st place- $250.00 Sponsored by Xypper– Freight load matching application designed to make life easier while increasing profits for Owner Operators. Upon request by Toby, Xypper will be donating $250.00 to Toby’s charity H.O.P.E. , a 501 (c) (3)

Christy Kuppler 2nd place $150.00 sponsored by AskTheTrucker ‘Live on Blog Talk Radio

Jeff Head 3rd place $100.00 sponsored by AskTheTrucker.  Upon request by Jeff, AskTheTrucker is donating his winnings to Trucker Charity, a 501 (c) (3) for truckers.

ALL contestant advocacy videos

Trucking is not all Peaches and Cream Toby Toby Bogard

Trucking Industry Rant in Driver Wages- Pay Me Hub Miles! Christy Kuppler

It Will Never Happen To Me Jeff Head

When Must Truckers Absolutely Refuse to Drive a Truck Vicki Simons

The ATA Represents truck drivers! NOT Pat Hockaday

PAY ME, When I’m at Work! Trucker Wages Smart Trucking

Truck Parking: A message to North Bend, Washington Mayor Ken Hearing Janet K. Medlock

PTAG speaks out against ELD final rule Ernesto Guitierrrez

All drivers want their voices heard about the topics concerning them within the trucking Industry. Social Media, specifically video, does just that.

Although the contest is over, we invite you to SHARE YOUR VIDEOS and continue spreading the word! Submit your video  on the  TSM website

Topics of concern for videos can include; Wages, Government, Regulations (Speed limiters,ELD’s,HOS,Sleep Apnea, etc..), Driver Health, Driver image and Behavior, Safety, CDL training, Truck Lease Scams, Detention Time, and anything trucking.

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TSG brings health, wellness, and ‘good times’ parking to GATS

Aug
23,
2016
0

TSG-GATS Health Pavilion

For the 2nd year, the Trucking Solutions Group (TSG) joins trucking’s finest to bring quality health information, products, and services to professional drivers at the

GATS Health and Wellnes Pavilion.

AUGUST 25-27, 2016 Dallas, Texas

The Landstar Health and Wellness Pavilion once again combines efforts and organized partnership with the Trucking Solutions Group

The Landstar Health and Wellness Pavilion will provide free health screenings, cooking, fitness and educational demos.

The following health screenings will again be available:

6th annual Blood Drive
3rd annual Bone Marrow Donor Registration Drive
Ask a Pharmacist
Height, Weight, BMI, Blood Pressure screening
Chiropractic Assessments
Diabetes Education
Eye Acuity and Color Blindness Testing
Kidney Function Analysis
Mammogram Breast Cancer Screenings
Nutrition Screening and Advice
DOT Exams $59

The Landstar Health Pavilion Stage will provide an awesome array of cooking demonstrations, health and fitness seminars!

With topics ranging from diabetes education to food addiction, GATS attendees will be sure to take home some key health strategies and advice from this pavilion stage!

Tom Kyrk of Road Tested Living returns with his infamous cooking demos!

Tom Kyrk of Road Tested Living- Food Demos for Truck

Tom Kyrk of Road Tested Living- Food Demos for Truck

 

Driven to be Healthy

St. Christopher Fund Driven To Be Healthy Challenge at GATS 2016

 

 

 

 

Make It Happen USA

Rick Ash of TSG with Gals from Make It Happen USA

 

 

 

 

 

Les willis GATS

Les Willis of God Speed Expediters- Running the GATS 2015 Parking Lot

 

 

 

 

 

 

 

 

 

 

Highlights

TSG will be  conducting their sixth annual blood drive in partnership with Carter Blood Care and their third annual bone marrow donor registry drive in partnership with Make It Happen USA.

TSG Annual Blood Drive at GATS

TSG Annual Blood Drive at GATS

Trucking Solutions Group is bringing a mobile mammogram unit to the health pavilion. Donations were collected providing mammograms for attendees of the show who do not have insurance or can not otherwise afford the screening.

New this year is sleep apnea screening with Dr. John McElligott and the St. Christopher Fund as well as DOT physicals for $59 being conducted by our new friends at AccuScreen.

Another favorite~ 5K road race out at the truck parking lot with free shuttle service to and from the convention center.

Speaking of the parking Lot,  the GATS parking lot will be “hopping”! Thank you Les Willis of Godspeed Expediters for all your hard work, making sure the parking lot will once again be an extension of the GATS excitement!

Here’s the schedule of what’s Happening in the parking lot!!

Special thanks to Sponsors One20 and Triumph Business Capital. There will be Free Beer and Bar-B-Q (Brisket & Ribs) in Truck Parking on Thursday Evening beginning at 5pm. Also the “winningest” Man in BAR-B-Q Myron Mixon will be on hand Thursday evening to sign autographs and chat it up!!  Truck Parking is at Fair Park, just follow the signs.

Available on the lot:

  • Free truck parking
  • Free RV parking (no hook-ups)
  • Free daily shuttles to and from GATS
  • On-site security
  • Showers provided by TA and Petro Stopping Centers
  • Portable restrooms
  • Smokin’ Wheelz will be providing food options for breakfast, lunch and dinner every day
  • Golf cart rentals  ( Thank you Shelle Lichti for all you do to make this happen!)

Back at the Landstar Health Pavilion Stage A new addition this year is everyone’s loved author of the book “Gut Instinct” and Health and Wellness Coach, Carolyn O’Byrne of LifeCoachService.net.  Carolyn will be presenting on the vital importance of your Gut Health and will be available for book signing during. There will also be a limited number of book available for sale.

Gut Instinct

Gut Instinct-by Carolyn O’Byrne of Life Coach Service

Carolyn O'byrne

Author of “Gut Instinct” Carolyne O’byrne of LifeCoachService.net

Schedules for the Landstar Health Pavilion Stage

MORE information Links!!

Health Pavilion            Truck Parking Lot        Truck Parking Shuttle Service

Progressive Fit for the Road 5K                         General Information

Recruiting Pavilion                 Showers              Registation          Concert

Health Pavilion at GATS 2016 focuses on Trucker Wellness

Listen to Rick Ash and Les Willis talk about all that’s going on at GATS

 

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REAL Women in Trucking, Inc. to Host Inaugural Lady Truck Driver Conference Cruise

Aug
16,
2016
0

PRESS RELEASE for immediate release

MEDIA CONTACT: Kristine M. Gobbo

561-463-0777, Kristine@spectrum-pr.com

Lady Truck Driver Conference Cruise

REAL Women in Trucking, Inc. to Host Inaugural Lady Truck Driver Conference Cruise

 

REAL Women in Trucking, Inc. to Host

Inaugural Lady Truck Driver Conference Cruise

 

LAKE WORTH, Fla. (August 16, 2016) – REAL Women in Trucking, Inc. (RWIT) is hosting a conference aboard the Carnival Conquest to unite and honor women in the truck driving industry. The “Queen of the Road on the High Seas” conference, taking place Sunday, March 26 to Saturday, April 1, 2017, will include education sessions on a broad range of topics, including personal safety, discrimination, sexual harassment, and driver health. The agenda also includes a driver advocacy forum, a lady truck driver roundtable and an awards ceremony recognizing women who have overcome obstacles in the truck driving industry. The six-night cruise will depart from Ft. Lauderdale for the Eastern Caribbean with stops at Grand Turk, Dominican Republic and Nassau.

The conference will provide tools for truck drivers while advancing a voice for RWIT and its members. The sessions will include information on improving technical skills for drivers, promoting advocacy through social media, transitioning company drivers to owner-operator, and much more. A forum of truck driver advocates will also discuss issues that affect the industry. Notable speakers include Allen Smith, host of ‘Ask the Trucker;’ Anne Balay, published author of Steel Closets: Voices of Gay, Lesbian, and Transgender Steelworkers, a former truck driver, and writer of a recent op-ed published in The New York Times “Long-Haul Sweatshops;” and Christine Gray, Becca Kennedy and Shannon Morris, truck drivers, and advocates for the safety and success of women truck drivers.

All interested drivers, professionals within the truck driving industry, and others who encourage and support women truck drivers are invited. Families or significant others are also welcome. The conference schedule has been planned to allow plenty of leisure time to enjoy cruise activities. For those interested in supporting this important event, sponsorship opportunities are available at five levels with details provided at RWIT Lady Truck Driver Conference.

Nominations for outstanding female truck drivers, the “Queen of the Road” awards, are welcome. Awards will be presented to three outstanding women who have demonstrated dedication and tenacity in their efforts to become professional commercial motor vehicle (CMV) operators. Nominees must either be past or present CMV drivers that fit the R.E.A.L. criteria, which stands for Reaching Out, Encouraging Others, Achieving Personal Success and Leadership. Nominations will be accepted beginning Thursday, September 1 with a deadline of Monday, November 7, 2016.

“This conference is important to our efforts of ‘breaking the silence’ about the treatment of women in the trucking industry.” said Desiree Wood, one of RWIT’s founders. “At the conference, we hope to provide the tools women need to be more successful in their chosen field.  Along with information sessions, participants will have the opportunity to network with fellow drivers. Learning from one another and unifying on important issues is one of our primary goals.”

REAL Women in Trucking, Inc. to Host Inaugural Lady Truck Driver Conference Cruise

RWIT was initially formed in 2010 as a 501(c)(6) membership organization

RWIT was initially formed in 2010 as a 501(c)(6) membership organization by female truckers to protest poor conditions that were not being effectively addressed by the trucking industry. “Queen of the Road on the High Seas” is the organization’s first fundraising event. Proceeds will help establish a 501(c)(3) foundation which will provide a headquarters and facilities with modest truck parking availability for members, scheduled learning conferences and advanced training for entry-level driver training students to develop their skills.

For more information, contact Desiree Wood at 561-232-9170 or info@realwomenintrucking.org, or visit http://www.realwomenintrucking.org/. Follow RWIT on Twitter: @womentruckers.

MEDIA CONTACT: Kristine M. Gobbo

561-463-0777, Kristine@spectrum-pr.com

SpectrumPR

– RWIT –

About REAL Women in Trucking, Inc.:

REAL Women in Trucking, Inc. promotes safety by educating the public about unsafe truck driver training and has created a network of support for women entering trucking. The mission of REAL Women in Trucking, Inc. is to deliver highway safety through leadership, mentorship, education and advocacy.

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Governed by the Clock- Paid by the Clock

Aug
14,
2016
2

Governed by the Clock- Paid by the Clock

If Employee Drivers wages go up, the rest of us will benefit with a higher labor rate.

Pat Hockaday-Truckers United

Pat Hockaday-TruckersUnited.org

Trucker Wages- A misleading fact is that since company truckers are only paid when producing pieces,  Employee Drivers are led to believe that they are only At Work when they are producing pieces.
Wrong, their time is governed the entire time, they are NOT on Personal Time!
They are AT Work/Working the entire time-Not on Personal Time and they have agreed to be paid piece work wages that cover All Time spent “AT Work/Working.”

Drivers want more time (hours) to produce pieces which in effect floods the market with capacity thereby minimizing their pay.

Solution, Governed by the Clock, Paid by the Clock.

The trailer can not be loaded until it is unloaded and this cycle is endless. Therefore  loading/unloading is a job duty that must be preformed in order to continue the revenue stream of completing the job so as to start another job.

Drivers have flooded the market with available working hours, to the content of the carriers, by logging detention time as “Off Duty”.
A flooded market is a CHEAP Market due to supply and demand.

I would like to see all time spent being detained logged “On Duty Not Driving” as that was the original intent of Part 395.2 as the Driver is in readiness to preform work WHILE being detained.

Piece work wages for Employee Drivers actually pay these Drivers for their detention time as the Drivers agreed at the time of their employment to be paid by the mile, by weight or by percentage.

The 14hr rule prevents Employee Drivers from utilizing needed time to produce pieces when they are detained by shippers/receivers.
I would also suggest that regulatory detention and company forced detention prevent drivers from using their time to earn as well.

The Drivers time has been sold to the employer in return for the possibility of producing pieces and now that the regulations have caused the Drivers to work within a more stringent window, the Drivers have realized that they are not being paid enough for the time spent AT Work/Working.
WAITING is a job duty that must be preformed while being AT Work!

If the driver is AT work, then he ought to be PAID for being at work!
It’s either ONE or the OTHER, not switching back and forth to suit the situation.!
Dave reviews the issue.

PAY ME, When I’m at Work! Trucker Wages

The obvious solution is to offset lost production time with detention time.
Why only go after detention time spent at shippers/receivers?
The regulations prescribe the job duties that must be preformed such as the 10hr and 30min breaks.
An Employee Driver may be dispatched to go and wait for a day before loading or offloading.
Isn’t the Driver following the directions of the supervisor by doing so?
Isn’t the Driver being detained for a day prior to loading/offloading?

Again, most Employee Drivers have sold a week of their time in order to earn one day off. In the U.S., they may claim the per diem tax right off for each day that they are AT Work, Not At Home

Once again, the Solution is; Governed by the Clock, Paid by the Clock.

When the Employee Drivers are paid a fair and decent wage for their 24hr work days that may be within a multiple day or week work shift, the employers will have no choice but to charge those abusing the Drivers Time a higher rate to cover the cost of labor.

If Employee Drivers wages go up, the rest of us will benefit with a higher labor rate.
JoJo’s Paper

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ELD Mandate DOES affect ALL drivers

Jul
5,
2016
3

The ELD Mandate Appears to Affect Only the Few BUT Actually Affects US ALL!!

Truck ELD

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

Concerning ELD’s and OOIDA’s court battle against the FMCSA, I think we need to break things down to better understand the nature of the issue.

ANALYSIS: FMCSA’s reply brief in ELD lawsuit a mixed message on driver privacy

 

 

Basically there are 4 groups of Drivers.
1-Company Drivers
2-Lease Purchase Drivers
3-Owner Operators (equipment owners leased to a carrier)
4-Independents, who are actually one truck carriers.

OOIDA -FMCSA ELD COURT CASE

While OOIDA represents ALL  Truck Drivers, I feel that, on the surface, this court case pertains to the Independents more so than the rest of us.

Should an Independent have to monitor themselves? An Independent has a lot invested in equipment. They also must maintain records and all other documentation in order to have their own authority as they are subject to scrutiny at any moment by FMCSA. These Drivers have a lot on the table that could easily be lost if they don’t manage their business properly or if they gamble with the regulations. Personally, I believe that Independents have too much to lose and that burdening them with ELD’s is unnecessary.

 Company Drivers have no say whether their truck will be equipped with an ELD as it is up to the carrier to decide. I personally believe that Employee OTR Drivers are AT Work / Working the entire time that they are stationed to the truck UNLESS they have requested and have been granted personal time off. I believe that these Drivers should be paid 24/7 while they are AT Work / Working.
As these employees are AT Work, these employees should have the right to privacy no different than any other employee who is AT Work. Cameras are not allowed in bathrooms or clothes changing rooms for example. ELD’s and rear facing cameras that monitor and supervise the employee verify the fact that they are AT Work. After all, the employer does Not Monitor and Supervise the Employees When THEY ARE AT HOME!!!!
When they are AT Work, employees may be granted liberties so that they may continue to work. When employees are Not AT Work, they have the freedom to do as they please to a degree.

Understand, this job even follows Drivers home as we may not work for pay without reporting the hours we worked on our Drivers log book. The carrier expects their employees to have Available Working Hours upon returning back to work. Having these expectations asserts a degree of control over the Employees Personal Time. What other Semi Skilled Professional is penalized for having a part time job?

Pat Hockaday-Truckers United

Pat Hockaday-TruckersUnited.org

 Lease Purchase Drivers Not meaning any disrespect, Lease Purchase Drivers are Employee Drivers who are renting a truck from the carrier. The carrier will decide if they will have an ELD or other monitoring device in the carriers truck.

Owner Operators, such as myself, own the equipment that is leased to a carrier and works under the carriers authority. Again, the carrier will dictate whether or not an ELD is to be used and it makes sense that they will utilize ELD’s as a management tool. I have grown to accept that I will be required to use an ELD as the carrier I am leased to has the operating authority that I work under. They are responsible for maintaining my log book records and an ELD makes it easier for them to do so as well as track my mileage for IFTA.
There are other advantages for the carrier as well.It’s my choice whether or not to stay an OO or to move up to being an Independent Owner Operator.

Independent Driver – If I were an Independent, operating under my own authority, I would utilize an ELD for the same reasons that carriers use them. I already know and understand that I am AT Work / Working when I am anywhere USA in the truck in order to earn a living so an ELD only becomes another obstacle to work around no different than traffic. The truck needs oil, diesel, and fuel to operate and the Driver is no different.Proper maintenance of both the Driver and the truck is crucial to the customer and for public safety.

Personal Conveyance Rules – I do believe that personal conveyance rules no longer apply as there is no such thing as “Personal” if you are being surveilled 24/7. These rules need to be modified so as to allow ALL Drivers to use the truck for commuting such as to the grocery store or between work place and resting place without penalty.I fully understand why single truck owners who have their own authority do not want or feel that they need these monitoring devices. These Drivers work for themselves and are responsible for themselves and their clients. They also must answer to the FMCSA in audits and during inspections.These Drivers have too much to lose by gambling with safety. If anyone has skin in the game, these drivers do.

Should We ALL Back OOIDA’s case against ELD’s? I believe so. I fully back OOIDA in their efforts as this is a precedent setting case. If a line is not drawn in the sand, what will come next?? I have already been made aware of watches and other body monitoring devises that are supposed to monitor the driver for fatigue. There are sensors for the seats and the beds as well as rear facing cameras that are capable of monitoring eye movement for fatigue. While I don’t like the thought of all of this invasive monitoring, I am at the pleasure of the carrier I am leased to.

If OOIDA loses this case what may we expect to come in the future? If OOIDA loses this case what precedent will be established that may affect other industries and possibly even our personal lives? So what are WE to do about all of these monitoring devices?

I think we start with the Employee OTR Drivers. We need to ensure that these Drivers are Properly Paid for ALL Time that they are being monitored and supervised while they are stationed to a truck anywhere USA. They must be ready, willing and AVAILABLE to perform the duties of the job as prescribed in the FMCSR’s while following company policy to be eligible to be paid for their time, otherwise I would consider them to be Unavailable and they should go unpaid.
An Employee OTR Driver who refuses dispatch would in effect be Unavailable for example. Paying Employee OTR Drivers for ALL Time would put an end to these Drivers being forced to work for free as they would automatically be paid for:

1. Detention time while servicing the carriers customers at the shippers and receivers
2. Company forced detention time such as waiting for dispatch or for being detained for hours or days until they may load or offload

3. Regulatory detention as the FMCSR’s require a ten hour and a thirty minute break in which the Driver may not work as required by the regulations for which the Drivermay be terminated for NOT Being In Compliance With.

Tell me of any other job where the employee may be fired for NOT Taking A BREAK?
Furthermore, an Employ Driver that is being paid for “All Time” would have no need to operate unsafely or out of compliance.

 What about “lazy truck drivers”?

The ELD Knows All That The Driver Does and terminating lazy unproductive drivers will be an option to the carriers. The Employee Drivers incentive to do a good job will be no different than any other employee, a good paying job and JOB SECURITY.

By paying Employee Drivers for ALL TIME we will put an end to Cost Effective Inefficiencies. Filling seats thereby flooding the market with capacity that Drives

Freight Rates Down holds ALL of US BACK!

Rip Off lease purchase programs that place Cheap Capacity into the market will decline or come to an end as hungry Employee Drivers would not need to fall for these scams hoping to earn more.

As the Employee OTR Driver would be earning a fair wage fitting the job, enticing a company Driver with a new truck and then not giving them the miles they need to pay for it would come to an end.

Many speculate that ELD’s will increase Drivers wages. I don’t believe so because as long as there is a Cheap Labor force willing to be manipulated into WORKING for FREE, lost capacity due to ELD’s will quickly be replaced by units filled with Employee Drivers who are paid “When the Wheels Are Turning”.

CHEAP FREIGHT Relies on CHEAP LABOR!

Regulations are easy to implement as the cost is minimal due to CHEAP LABOR!
Safety Comes At A Price that “We The Drivers” are paying in Lost Wages due to affordable regulations. For most, the pay is unfit for the JOB of being AT Work unable to enjoy the Freedoms that a Job Should Afford an OTR Driver!

 I have No Problem with single truck owners operating under their own authority to be exempt from ELD’s, but for the rest of US, we need to make “These Boxes Work For US!”

Pat Hockaday (JoJo)

TruckersUnited.org

FightingForTruckers.com

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