Archive for category otr trucking

Tough Guy Persona Hampers Trucking Issues

Posted by Allen Smith in Safety, Truck Driving Jobs, Truckers Health, otr trucking, trucking, trucking life on March 10th, 2010

Little Tough Guy The trucking industry certainly provides jobs for millions of people, but like most industries, it has its share of problems. For years, these problems had always remained swept under the rug with few people stepping forward and going public with the injustices that exist within the industry. As social media evolved, that all changed. More and more drivers began speaking out and challenging many of the regulations and policies that affect their way of life. As trucking issues by drivers became more public, trucking companies and organizations began to take notice. So much so, that industry policy makers began taking action by communicating directly with many of these social media outlets from drivers.

In order to change a policy, rule or regulation for the better, first takes discussion. Discussing an issue is the first step towards improving a problem faced by truck drivers or companies. If a particular regulation is not working, then change can only first come about through discussing the issue. Unfortunately, there are still those drivers who consider “discussing an issue” as a form of “whining” and “complaining.” Since when did discussing a problem become whining? I contribute this type of mentality to something I call the “Tough Guy Persona.”

No matter what the issue being discussed, the tough guy persona will always appear. Be it the lack of rest that truckers receive, the hours of service, cheap freight, poor truck driver training . . . whatever the case, there will always be those who will step in and retaliate by saying, “Stop your whining and do your job.” From where I stand, I see drivers accepting the challenges of trucking and performing their jobs everyday with remarkable professionalism. What the tough guy persona is really saying here, is that they do not care about the injustices and poor treatment of truck drivers or in helping their company become more successful. They would rather sit back and change nothing . . . simply roll along and let things remain as they are. Even on the issue of cheap freight, which is a major concern for owner operators and trucking companies alike . . . the tough guy persona prefers to continue to work harder and accept things as they are, instead of discussing the problem to come up with a better solution. They would rather cling to their tough guy image, than work to bring about reform that could ultimately provide a better quality of life for themselves and their own families.

I considered for a moment, as to how the tough guy persona would work in other areas of life. Following the recent Haiti earthquakes, instead of the United States pouring out billions of dollars in aide that we cannot afford, perhaps we should have taken on the tough guy persona and told the Haitian people to just “Shut up and accept the situation.” Of course this is ridiculous, but this is how the “tough guy persona” operates. If simply discussing an issue is considered whining and others allow this form of coercion and peer pressure to win, then ultimately the entire industry continues to lose.

Everyone understands that a company must do all it can to remain profitable. However, all too often, the trucking industry will invoke the struggles directly onto the driver, taking no responsibility upon itself to bring about reform which could help both driver and company. Shippers will always have to ship and receivers will always have to receive. Simple logic. There is no reason to have the magnitude of cheap freight hauling that we now have in this country.

When the industry was deregulated in 1980, it was all about promoting competition. Deregulation only leads to monopolies, which we now have been experiencing in the trucking industry for years. Deregulation only promotes competition in the early stages, but later it eliminates competition as rivals are driven out of business. As we have seen with the trucking deregulation, other crisis come into play as well:

Eliminates the weakest companies
Prosperity is lost, as survival becomes the motive
Wages go down
Workers are laid off
Services are dropped and quality is reduced

Hundreds of thousands of truck drivers lost their jobs as a direct result of deregulation. They were hired on with the major companies which survived, but only after taking a cut in pay. Since then, the monopoly has worsen. Who can haul the freight at the cheapest rate is the name of the game now, and service is no longer the primary concern. Furthermore, the one paying the most for cheap freight . . . are the drivers. Running longer, running harder . . . to try to make ends meet. This entire scenario could be eliminated by trucking companies simply raising the cost of freight transportation. Either the shipper or receiver pays the cost . . . or they will have no inventory. Of course, the rise in cost will lead to higher consumer prices, but this can even be monitored by controlling inflation.

One can go on about many issues facing industries today, and the first step to any process is discussion. Discussing issues have led to many victories ranging from wage increase for workers to tearing down the Berlin Wall. To openly talk about issues such as safety, driver pay, owner operator struggles, cheap freight, CDL training, hostility in the workplace and so forth, has nothing to do with “whining” and “complaining.” It has nothing to do with being weak or being a tough guy. It has everything to do with standing up for one’s rights and determining a correct path which can lead to a better life and work style for both employee and employer.

This “tough guy” persona that exists within the trucking industry only hampers the ability to correct things for the better. It never succeeds, only hampers. It is a powerful urge that some cannot overcome. I simply overlook it and refuse to accept that the best thing to do is simply sit back and leave things the way they are. Why would any driver not want to work to raise their wages? Why would any driver not want to stop abuse of any kind toward another driver? Why would any driver not want to correct a policy within their company that could only make the company a better one?

This type of driver would rather hold on to the tough guy image, than work to make life better for their own family. I determined a long time ago that it is impossible to rationalize with irrational people.

: deregulation, truck drivers, trucking, trucking companies, trucking industry, trucking issues

deregulation, truck drivers, trucking, trucking companies, trucking industry, trucking issues

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How Safe is the HOS 14 Hour Rule for Truckers?

Posted by Allen Smith in Jobs and Careers, Politics, Safety, Talk Radio Show, Truck Driving Jobs, Truckers Health, otr trucking, trucking, trucking companies, trucking life on March 9th, 2010

With his permission, a local truck driver out of Nebraska recently sent me the following email:

“I have been driving for over 20 years and began working locally with a company about a year ago. I have to say that the hours of service rules for truckers can be a killer for drivers, and perhaps more so for local drivers and those new to the industry. My shift is suppose to start at 7 A.M., but often me and my slip-seat partner runs late due to various reasons beyond our control, and many times he does not make it back until 2 P.M. or later. I am accustomed to getting up around 5 A.M., so going back to sleep is impossible.”

“So, up at 5 A.M., make it to work at 2 P.M., put in a 14 hour day, so I’m done at 4 A.M., home by 4:30 A.M. On this particular day, I have been up and awake for twenty three and a half hours. This type of schedule happens very often in local driving work. Even squeezing in the 10 hour break, you are either running behind all week or completely drained of all energy for the remainder of the week, just from your first day of work. If I say anything to dispatch, I am met with “So what are you saying? Are you turning down the load?” Drivers accept this challenge everyday and do their jobs professionally, but I see no safety in this type of operation, when the industry is constantly talking about “Safety First.”

This is very typical of trucking and is the main reason why veteran drivers will always stress that trucking is not a job, but a lifestyle. Regardless, how can trucking companies stress the importance of driver safety when so many drivers are expected to operate under this kind of schedule? Too many variables in the real world can stop the fourteen hour clock instantly: traffic accidents and delays at the shipper and receiver just to mention a few. Is driver and public safety a real concern for trucking companies and the powerful trucking organizations? Or is greed the primary motive for the continuance of pushing professional truck drivers to their limits?

Just last year in 2009, a major retail corporation lobbied to Congress to push truck drivers into a 16 hour work day. Luckily, that proposal was shot down. Anyone who has driven long enough and far enough will agree that driver fatigue is a major factor within the industry. Those who say otherwise, have not driven a truck for a real living. With the hours of service rule pushing drivers harder and further, allowing their lives to be controlled by the driver logbook, the fact that there are as few big rig accidents than there are, is only a testimony to the professionalism and skill of truckers.

The regulations set forth by the hours of service rules, only makes it more difficult for drivers, while allowing the industry itself to reap greater monetary rewards . . . all on the backs of the truck drivers. Why are truckers forced to work 70 hour work weeks and 14-plus hour days with no regard to the many obstacles that are thrown in their paths? At the same time, they are required to maintain their logbooks in a legal fashion.

Is safety a real issue or is greed the motivating factor within the trucking industry? Are the current HOS rules working for professional truck drivers and does it even take into consideration the safety and health factors of truck drivers?

Truth About Trucking “LIVE” talk radio invites you to join in on the conversation for the upcoming show: Truckers 14 Hour Service Rule – Safety vs Greed on Thursday, March 11th, 2010 at 7 PM EST :

“How safe is the truck driver 14 hours of service rule? Truckers can work 70 hour work weeks with trucking companies, shippers and receivers showing little regard to the safety and health of the drivers. With the current HOS rules for drivers, many local truck drivers can easily be up for 20 or more hours at a time. Is the trucking industry really concerned with safety or is it nothing more than greed?”

Discussing truck driver safety on Blog Talk Radio with co-host: Barry Szczucki.

: fatigue, hours of service, Safety, truck driver, trucking, trucking companies

fatigue, hours of service, Safety, truck driver, trucking, trucking companies

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Overtime Pay for Truck Drivers

Posted by Allen Smith in Jobs and Careers, Politics, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on March 8th, 2010

Overtime Pay for Truck Drivers Professional truck drivers are no strangers to 70 hour workweeks. It is a part of the job that is accepted by all truckers and eventually, one becomes accustomed to receiving only 3-5 hours of actual sleep per day. That one day per week when a truck driver can finally shut down and catch up on much needed rest is long awaited for by all drivers. This one aspect of trucking is the major cause as to why so many who enter trucking as a career will fail. If you are planning for a 9 to 5 job . . . then trucking is not for you.

Whether it be local driving, regional or long haul trucking, the workweek for truckers are long and the truck is always calling you. With 60 and 70 hour workweeks, why are truckers not given overtime pay? According to the most recent study in 2008, median hourly wages of tractor-trailer drivers were $17.92 with the middle 50% earning between $14.21 and $22.56. The lowest 10% earned less than $11.63, and the highest 10% earned more than $27.07 per hour. An overall average hourly wage for truckers is difficult to determine due to the fact that geographical location must be considered. Using an average pay of .32 cents per mile at 2500 miles per week, how would this compare to drivers being paid hourly with overtime pay included?

Running under the straight CPM rate, a driver would earn $800 per week gross. Setting an average hourly rate of only $12.00 per hour, a driver would earn $1,020 gross in a 70 hour workweek. Using the above median wage of $17.92 per hour, a driver working 70 hour weeks, would pull in $1,523.20 gross per week. The Fair Labor Standards Act (FLSA) requires employers to pay most employees the statutory overtime rate of 1 ½ times regular wages for hours worked in excess of 40 in a single workweek. So why does this not apply to truck drivers? For the answer, we have to look at the Motor Carrier Exemption under the FLSA. Yes, wouldn’t you know that there is an exemption for truckers?

Section 213(b)(1) of the FLSA provides that overtime requirements do not apply to “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours.” Therefore, employees who are subject to the authority of the Secretary of Transportation qualify for the exemption, and includes employees of a “motor carrier” and, under some circumstances, a “motor private carrier.” However, there seems to be a discrepancy.

An Appellate Court recently upheld a New Jersey Department of Labor and Workforce Development ruling that the state’s version of this exemption applies only to businesses primarily engaged in trucking or moving and storage. What this established is that under the FLSA, when federal and state wage laws are in conflict, employees must be given the benefit of the law that is the most favorable to them. Drivers for the New Jersey trucking company sued for back overtime wages. The company argued that its trucking operation was completely separate from its retail furniture business, and that the states’ trucking industry exemption applied with respect to its transportation and distribution employees. The Court disagreed, ordering the company to pay nearly 500 current and former delivery workers more than $2 million in back overtime wages. Therefore, even though the truck drivers might have been covered by the federal exemption from overtime pay, the narrower New Jersey exemption did not cover them. What this established for drivers is that state laws must be considered when it comes to the Motor Carrier Exemption as cited under the FLSA. Furthermore, I found what could also be another discrepancy.

The FLSA, under the United States Department of Labor, there are two ways in which an employee can be covered by the law, meaning they are entitled to receiving overtime pay: ”

Enterprise Coverage and
Individual Coverage

Enterprise coverage pertains to those businesses which have at least two employees and that:

Have an annual dollar volume of sales or business of at least $500,000

Individual Coverage applies to employees whose work regularly involves them in commerce between states. According to the FLSA individual workers are covered under the law who are: “Engaged in commerce or in the production of goods for commerce.”

Examples of employees who are involved in interstate commerce include those who:

Produce goods that will be sent out of state
Regularly make telephone calls to persons located in other States
Handle records of interstate transactions
Travel to other States on their jobs and
Do janitorial work in buildings where goods are produced for shipment outside the State.

Furthermore, the U. S. Department of Labor Wage and Hour Division states that drivers can be covered under the law if:

The employer is shown to have an involvement in interstate commerce, and
The employee could, in the regular course of employment, reasonably have been expected to make an interstate journey or could have worked on the motor vehicle in such a way as to be safety-affecting.

These statements should have a direct affect on local drivers, presently not receiving overtime pay from their employer. Under the “Safety Affecting Activities” :

“Only drivers, drivers’ helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the FLSA under Section 13(b)(1).”

Therefore, if a driver is working as a local driver only, but their company also engages in interstate operations, he or she should be entitled to overtime compensation. Are these discrepancies between the Fair Labor Standards Act, the Motor Carrier Exemption and the authority of the Secretary of Transportation?

Are professional truck drivers being deprived of receiving overtime pay? According to the Wage and Hour Division . . . it is quite possible.

Allen Smith

: fair labor standards act, hourly pay, motor carrier exemption, overtime pay, secretary of transportation, trucking

fair labor standards act, hourly pay, motor carrier exemption, overtime pay, secretary of transportation, trucking

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How to Order Your DMV Driving Records

Posted by Allen Smith in Dept. of Motor Vehicles, Truck Driving Jobs, otr trucking, truck driving schools, trucking on March 6th, 2010

Department of Motor Vehicles If you are considering a career in trucking, it is always best to receive a copy of your DMV driving records. Even if you believe that there are no problems, it is a good idea to confirm that there has not been any misinformed information that was accidentally recorded against your driving record. Each state offers online services for you to order your DMV records at a very minimal cost. Records of each state will vary and many will offer a variety of different records that you can receive.

Each state will likely offer a three and five year background record, but many will also provide more in-depth records as well. For example, the state of Texas offers the following DMV records:

Status Record (Type 1): name, date of birth (DOB), license status, and latest address.
3-year History Record (Type 2): name, DOB, license status, list of accidents and violations in record within past 3-year period.
List of All Accidents and Violations in Record (Type 3): name, DOB, license status, list of all accidents and violations in record.
Certified 3-year History record (Type 2A): certified version of Type 2. This record is not acceptable for Defensive Driving Course (DDC).
Certified List of All Accidents and Violations in Record (Type 3A): certified version of Type 3. This record is acceptable for Defensive Driving Course (DDC).
Certified Abstracts of Driving Record (”AOR”): Certified abstract of complete driving record of a license holder.

In order to obtain the most valuable information on your DMV driving record, naturally, the certified records are the most informative. Again, each record is offered through various minimal fees, anywhere between $4.50 and $22.00 as in the case of Texas. Fees will differ from state to state. The small fee required is well worth drivers knowing exactly what is on their driving records.

By knowing what information is on your DMV driving records beforehand . . . will greatly assist you in preparing for a career in trucking, before shelling out thousands of dollars for CDL training.

To stay on top of your DMV driver record, check out your state DMV website.

Allen Smith

: cdl training, dmv driving record, dmv driving records, state dmv websites, trucking

cdl training, dmv driving record, dmv driving records, state dmv websites, trucking

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Truck Driver Training is Serious Issue for Industry

Posted by Allen Smith in Safety, Truck Driving Jobs, Videos, otr trucking, truck driving schools, trucking, trucking companies, trucking life on March 4th, 2010

By Allen Smith

Allen Smith It is often very easy for veteran drivers and trucking company officials to overlook the importance of truck driver training for CDL students and new drivers. With years of experience, the possibility of becoming laxed over time can lead to deadly consequences. Many issues within the trucking industry have remained swept under the rug for years, including the lack of proper training for new truckers. The seriousness of proper truck driving training and the lack there of, was pushed into the main stream media through our blog about one and a half years ago, through the writings of a newbie trucker known as Trucker Desiree.

Originally met with a great deal of hostility by drivers and trucking organizations, today, the issue has grown into a more acceptable situation where many trucking individuals are finally realizing and commenting on the fact that the industry indeed lacks proper truck driver training skills in many areas. Although there are many excellent trainers in the industry, there is still a long way to go in order to bring about further stricter guidelines for driver trainers.

Calling oneself a trainer, does not make one a teacher. Teaching involves the skills and ability to present the lessons being taught, in an acceptable and understanding manner. Teaching requires the trainer to place themselves in the same situation as the student. Nervousness, fear and anxiety . . . all the emotions that a new CDL student will encounter, all have to be recognized and understood by the driver trainer . . . the teacher. A trainer may have thirty years of driving experience and a perfect record, but without the understanding of teaching and how to teach, the student can often experience higher levels of anxiety and disappointment.

There are endless stories of CDL students being yelled at and even having been “thrown out” of the truck by the trainer. Trainers in other professions are required to attend a trainer course and various other forms of class-training to become certified as a professional trainer. Within the trucking industry, most often it is a matter of the company telling an experienced driver that they are now a “trainer.” More thought must be placed in the equation when determining who can be a trainer and who cannot. Training and teaching goes hand in hand, and just because one can drive an 18-wheeler with the utmost skill . . . does not make them a teacher.

When choosing which driver will represent their company as a driver trainer, the trucking companies should look at some basic qualifications as to what makes up a good teacher:

Explanation skills – Being comfortable with explaining content to students is an essential skill for teachers.

Cool under pressure – Good teachers are able to successfully resist the urge to yell or scream at their students.

Have a sense of humor – Research has shown that good teachers have a sense of humor, and that they are able to use this skill as part of their training methods.

A “people” person – Liking people is essential for being a good trainer/teacher. Drivers considered as “Loners” are not the best choice for trainers.

Are Fair-Minded – A good teacher is able to assess students on the basis of performance, not on the their personal or physical qualities.

Have Common Sense – A trainer should be able to size up a situation quickly and make an appropriate decision.

Set high expectations – A good trainer/teacher should set high expectations for themselves and their students.

Have organizational skills – They should be organized in their professional and teaching duties.

Understand time management – Managing time to achieve the best end results for both the trainer and student.

Is a Leader and not a Follower – Being comfortable in a position of a leader within a very stressful industry.

Not taking things for granted – You were once in the same situation as the student. Keeping this in mind will make you a better trainer.

Drivers who understand the importance of the role of a professional driver trainer can continue to release safe and skilled drivers out on the public highways. The driver trainee should never be released before the designated trainer has stated that they are ready. This means that the trucking company should allow the driver trainer to be the sole person to determine when that time has come . . . not because the company needs to get the driver out there ASAP.

It should also be noted that rules for driver trainers should be adjusted in order to meet the demands that are placed on trainers. Running the truck 24/7 is not a good idea for a trainer-student combination. At some point, trucking companies and the industry must realize that the trainer must rest and receive the required sleep that is needed to function in a logical and professional manner. If the trainer is sleeping in the bunk while the student is driving, where is the safety and professionalism? All too often, the company becomes laxed in their decision making all for the sake of getting the freight down the road. What is loaded on the trailer should never be more important than the safety of the driver trainer and student.

This video shows an 18-wheeler, being driven by a student CDL driver losing control of the vehicle while going down the 7,085 foot Donner Pass . . . while the driver trainer is sleeping in the bunk. Both student and trainer were killed:

Most professional truck drivers understand the importance of proper truck driver training. The time has come for the trucking companies to understand it more as well. Allowing for additional time between load pick up and deliveries . . . providing additional rest periods and understanding that both student and trainer will need added comforts, different from the solo driver . . . will prevent tragedies like this one from happening. It will also provide more safe and skilled drivers being placed on our nation’s highways.

: cdl student, cdl students, driver trainer, truck driver training, truck driving training, trucking companies

cdl student, cdl students, driver trainer, truck driver training, truck driving training, trucking companies

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Truck Driver Shortage – Here We Go Again

Posted by Allen Smith in Politics, Truck Driving Jobs, otr trucking, truck driving schools, trucking, trucking companies, trucking life on February 26th, 2010

Waiting for a load Here we go again. Talks about a major truck driver shortage is rearing its ugly head again. Trucking companies are having such a difficult time filling truck driving job positions, even in this economy. I wonder what all you CDL students, graduates and veteran drivers out there who have found it almost impossible to get hired, think about this?

Once again, the media is throwing out the fear of a driver shortage, thus the possibility of the rise in the price of goods. According to one report concerning the driver shortage, trucking companies just cannot find enough drivers to fill the need. Are they looking? I receive emails daily from CDL graduates and veteran drivers who have applied everywhere and still, no hire. A driver shortage? Here we go again . . .

CDL students who graduated anywhere from six months to a year ago, have still not been able to land a job, even through the so-called “job assistance” program offered by many of these CDL truck driving schools. Where exactly are you trucking companies looking for drivers? They are everywhere. Another aspect that may help, is to classify professional truckers as “skilled” labor and not unskilled labor. The safe handling of an 18-wheeler is not skilled? According to the labor department, it is not.

Another aspect you may want to consider is how you treat your drivers. It’s just the same old story that goes on and on and on . . .

Not long ago we were being told that there were too many drivers, and now . . . we are facing a truck driver shortage . . . again. Come on now, there is no, nor has there ever been a truck driver shortage. Are we going down this old road again? Look around . . . many drivers are trying to find a driving job, but you’re not hiring them. Why? If there is a fear of a driver shortage, why are you not hiring?

Keep pushing your drivers to run illegal . . . keep from getting them home when they want to go home . . . keep using new drivers as a form of cheap labor . . . keep pushing out experienced, veteran drivers . . . keep putting more hardships on owner operators . . . keep them sitting for 2-3 days . . . keep giving them low miles . . . and by all means, keep hauling cheap freight . . . continue doing all of these things that have been going on for years, and some day . . . you just might have a real driver shortage.

Some analysts’ are reporting that the trucking industry is improving and larger companies are taking on more freight. The industry may be improving, but only because of downsizing and the failure of many smaller trucking companies. The failing of these companies will only be adding more experienced drivers into the job market, so where is the driver shortage? Furthermore, I hardly see where the failing of many smaller companies are a reason for celebration.

Once again, the media jumps on the remarks by these trucking companies and the fear of a driver shortage is appearing once more.

Give me a break.

Allen Smith

: cdl students, driver, shortage, truck driver shortage, trucking, trucking shortage

cdl students, driver, shortage, truck driver shortage, trucking, trucking shortage

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Truck Drivers CSA 2010 Scorecards

Posted by Allen Smith in Politics, Safety, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on February 24th, 2010

CSA 2010 truck driver scorecards will be made available to trucking companies by the risk management company, Vigillo. These scorecards are being endorsed by the ATA. The scorecards are being marketed as:

“Vigillo’s customized fleet performance scorecards perfectly meet the needs of operating your truck fleet. Problems are identified and addressed before they occur and all drivers and driver managers become participants in a culture of measurable, pro-active Risk Management.”

The scorecards will rate a driver’s performance on seven categories:

Unsafe Driving
Fatigued Driving
Driver Fitness
Controlled Substance
Vehicle Maintenance
Improper Loading
Crash Indicator

Furthermore, each category will be given a color-coded rating of the following:

RED – Deficient (90% to 100%)
YELLOW – Warning (75% to 90%)
GREY – Under Threshold (0% to 75%)

It will also provide the determination of whether or not intervention of any kind is likely. You can view a sample of this driver scorecard, offered by Vigillo.

There is nobody in the industry against safety measures for truck drivers and trucking companies. However, this “scorecard” reminds me of another program that was meant for good: the truck driver DAC Report. We all know where that lead us to . . .

Trucking companies, specifically within the OTR industry, are notable for their ability to pass the blame onto the driver. Will companies really use these scorecards for assessing problem drivers and working with them to correct their score and keep them driving? Or can this be used as another form of a DAC Report system?

As mentioned in our earlier post: CSA 2010 Severity and Point System Safety Rating for Truck Drivers, a driver caught with a leaky tire will receive a rating of 8 . . . only two points under a DUI. Could this scorecard be used to eliminate a driver by a disgruntled dispatcher?

I see the good being attempted by the CSA 2010 initiative, but with an industry as large as trucking, there looks to be too many loop-holes that trucking companies could still bend around, forcing blame on the professional trucker. Furthermore, these scorecards are provided for the trucking companies at a month to month subscription rate. Like DAC, companies paying for the information . . . and like DAC, could easily become another retaliation tool against drivers.

Just my take on it . . .

Allen Smith

: CSA 2010, driver, scorecards, truck drivers, trucking, vigillo

CSA 2010, driver, scorecards, truck drivers, trucking, vigillo

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Many Trucking Veterans also Military Veterans

Posted by Allen Smith in Politics, otr trucking, trucking on February 24th, 2010

There are millions of professional truckers in America, all with different points of views and opinions on a wide range of topics. A standing joke among the industry is the difficulty in finding two truck drivers who agree on one issue. Among these millions of truck drivers are thousands who have served in the U. S. Armed Forces. Army, Navy, Air Force and Marines . . . perhaps the Brotherhood of trucking has long been forgotten within the industry, but one thing these truckers do agree on is that the Brotherhood between soldiers last for a lifetime. They also agree that today’s U. S. Armed Forces have become a political military, which all started with what became known as the Pendleton 8.

The Pendleton 8 involved the case where seven Marines and a Navy Corpsman were charged with the killing of an Iraqi civilian. This case brought forth many anti-war liberal politicians who labeled our U. S. soldiers as nothing more than murderers and terrorists who’s sole purpose were to kill innocent civilians. Among these anti-war politicians leading this movement against our heroes were Represenative John Murtha and then Senator Barack Obama. Military personnel in combat and fighting within the killing zones, now had their hands tied behind their backs, unable to do the work of a soldier. Afraid of firing back at the enemy of the United States and fighting for the freedom and safety of all Americans, U. S. troops found themselves fighting instead, against a politicized military which would accuse them of murder and various crimes that could send them to prison for life.

During the time of George Bush’s presidency, we were bombarded by anti-war protesters on a daily basis. Cries of “End the War Now” and “Bring our troops home” echoed through out the country every single day. Who can forget the antics of Cindy Sheehan and other anti-war activists? The day Barack Obama came to office, the anti-war movement ended and not a single sound of protest has been heard since. Never in our history has a sitting U. S. President denied a Military General the requested number of additional troops needed to fight a war. Having asked for 40,000 additional troops, Barack Obama gave him 30,000.

Where are the anti-war activists now? Why have their cries grown silent while our men and women are still fighting the war? It is because they were never really anti-war, only anti-Republican. We now have a Congress and Senate majority, along with an Administration that hates the military and what it stands for. An American soldier now, has to stop and consider their own fate, before attacking an enemy combatant. An American soldier now has to stop and think about protecting their own life and the life of their fellow soldiers, before taking action in a war. We now have an Administration and leaders of the free world, along with prosecuting attorneys, just waiting . . . ready at any moment to send an American soldier to prison for performing the duties of an American soldier.

Lt. Michael Behenna is one of those soldiers.

Army Ranger Michael Behenna joined the military to defend his country after the 911 attack. He was deployed to Iraq as a 2nd Lieutenant and leader of the 18-member Delta Company, 5th platoon of the Army’s 101st Airborne Infantry Division in September 2007. Once there, Lt. Behenna was stationed at Forward Operating Base Summerall, near the regions of Baiji, Albu Toma and Salaam Village. One of the first tasks he took on was seeking out Sheik Hamad, the leader of Albu Toma. Sheik Hamad was considered the King of the area, and was also an enemy of the insurgents. Lt. Behenna quickly became good friends with the Sheik and worked closely with him in fighting against the terrorists. It is because of information received from the Sheik, that Lt. Behenna was able to detain Ali Mansur, a known member of an al-Qaida cell.

Terrorist, Ali Mansur organized an attack which killed two U. S. soldiers and injured two others. Lt. Behenna and his platoon captured Ali Mansur in 2008 and Michael was ordered to personally return the terrorist to his home and release him. According to Behenna’s account, Mansur lunged for Behenna as he was being returned home and Behenna shot him in self-defense. Even though an expert witness supports Behenna’s version of events, the government refused to hear this testimony. Lieutenant Behenna is now serving a 15 year sentence at Fort Leavenworth, Kansas, convicted of unpremeditated murder in the shooting death of Ali Mansur.

The expert witness, Dr. Herbert Leon MacDonnell, Director of the Laboratory of Forensic Science in Corning, New York, is an expert in blood stain forensics. His career goes back for fifty years, and includes such high-profile and complex cases as the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, Martin Luther King Jr., and even the case against O.J. Simpson. He is, without a doubt, an expert in the field. Dr. MacDonnell contacted the prosecutors in the case against Lt. Behenna, informing them of his findings which supported Michael’s testimony. The prosecutors, only interested in sending an American soldier to prison, refused to call this expert witness to the stand. Furthermore, they failed to advise the defense of Dr. MacDonnell’s findings. A clear violation of the Brady Material.

A Brady motion is a defendant’s request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness. A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial. Instead of presenting the factual evidence that corroborated Lt. Behenna’s self defense claim and thereby show the “revenge execution” premise of their case, Army Captain’s Meghan Poirier, Jason Elbert and Erwin Roberts violated their own ethics code by hiding this evidence from both the defense team and the jury in order to achieve conviction in a politically-motivated prosecution.

Here is part of the letter that Dr. MacDonnell wrote to Captain Poirier, one of the prosecutors:

Dear Captain Poirier:

On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. I am sure that had I testified that I would have wanted to give my reenactment so the jury could have had the option of considering how well the defendant’s story fit the physical facts. This, of course, would not have been helpful to the prosecution case. However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed Mr. Zimmerman of my findings. It certainly appears like Brady material to me.

Respectfully,
Dr. Herbert MacDonnell

In the interest of justice. Military prosecutors not interested in justice, but only serving a politicized military. Military prosecutors who failed to allow the jury to hear expert testimony from their own witness, and declined to provide the information to the defense team, which is required by law.

Killings

Furthermore, do not believe that this is one isolated case. The three Navy Seals who captured Ahmed Hashim Abed, the ringleader behind the murdering and burning of four Americans, hanging them from a bridge for all the world to see, only to claim that the Navy Seals punched him in the face and now the Navy is working hard to send these heroes to prison . . . and there are other American heroes faced with the political dealings of a military-hating administration and justice system.

Lt. Michael Behenna has been another scape goat for the political system. An American hero sits in prison for fighting for his life and the freedom of all Americans. Expert testimony by a leader in forensic science was never disclosed, violating the Brady material. Read more of what Dr. MacDonnell advised the prosecutors:

“On another issue I am somewhat concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting. As I demonstrated to you and to the two other prosecutors, Dr. Berg, Sgt. McCaulley, and Sgt. Rogers?, from the evidence I feel that Ali Mansur had to have been shot in the chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle. Admittedly, this would be an amazing coincidence, however, it fits the facts and as I told you on Wednesday, it fits the facts and I can not think of a more logical explanation.”

“This scenario is consistent with the two shots being close together, consistent with their horizontal trajectory, consistent with the bloodstains on the floor, and consistent with the condition of the 9mm flattened out bullet which was tumbling after leaving Mansur’s head or body. I do not know where this bullet was recovered but I would expect after impact to the concrete wall it fell very close to that wall. The other bullet should have been close to the first and there should have been two impact points on the wall.”

Respectfully Submitted,

Dr. Herbert Leon MacDonell, Director
LABORATORY OF FORENSIC SCIENCE

Lt. Michael Behenna deserves a new trial. I know thousands of our nation’s truckers are military veterans and I know millions of our nation’s truckers love America. Michael’s parents, Scott and Vicki Behenna are asking for your help. Help to defend Michael Behenna by allowing a new trial based on the Brady violation and voice your outcry that an American hero sits in prison for protecting his own life against a known Al-Qaeda operative while serving his country in Iraq.

Sign the petition to give Lt. Behenna a new trial and they ask that you contact your congressional delegation on behalf of Michael and to send a letter to John McHugh, the Secretary of the Army. When sending this letter point out to Mr. McHugh that Michael served his country and deserves to have a sentence that acknowledges his service. Also point out that a service member should have the ability to defend himself in a combat zone particularly against a known member of Al Qaeda. Please send your letter to:

Secretary of the Army – John McHugh

1400 Defense Pentagon

Washington, D.C. 20301-1400

The legal expense for their son is overwhelming. If you can assist in any way, you can mail a donation to:

1LT Michael Behenna Legal Defense Fund
c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099

We are all able to live our life in freedom due to the bravery and sacrifices of people like Lt. Behenna. They should not become pawns in a political military, sent to prison while the enemy of the United States receives more rights and justice than our own heroes. Every American should be outraged at what has happened to this brave young man. Millions of truckers can raise their voices and help bring justice to one of America’s soldiers.

Let Lt. Michael Behenna know that he is not forgotten and we are fighting for his release. You can write Lt. Behenna at:

Michael Behenna #87503

1300 N. Warehouse Road

Fort Leavenworth, KS 66027-2304

Lt. Michael Behenna

In a response to a letter he received, Lt. Behenna wrote:

“… I cannot even begin to describe the frustration and despair I feel on a daily basis. Every day I am treated like a criminal in the country I love, the country I fought for… It feels good to know that I am not just washing away in this cell in complete silence…”

Help bring justice to an American hero. Free Lt. Michael Behenna.

Thank you,
Allen Smith

: injustice, michael behenna, military, military politics, military veterans, new trial, Truckers

injustice, michael behenna, military, military politics, military veterans, new trial, Truckers

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Government Takes Closer Look at Truck Owner Operators

Posted by Allen Smith in Politics, otr trucking, trucking, trucking companies on February 19th, 2010

The Obama administration “will hire 100 more enforcement personnel and the IRS has begun auditing 6,000 companies” in order to crack down on the misrepresentation of truck owner operators as true independent workers. As reported by Today’s Trucking, “The Labor Department estimates that up to 30 percent of companies misclassify employees, many of which are in the trucking (industry).”

The argument states that “In many of these cases, companies treat independent contractors the same as payroll employees, who perform many of the same functions. Both types of workers are frequently given similar instructions and duties and have access to the same equipment and facilities. Companies that pass off employees as independent contractors may do so to avoid paying Social Security, Medicare and unemployment insurance taxes. The attention federal and state officials are now paying to the issue is significant on another front, as it could bolster unions that are attempting to collectively bargain for owner-operators contracted to for-hire fleets.”

According to a report today from the N.Y. Times, President Obama’s 2010 budget estimates that such measures would yield at least $7 billion over 10 years.

Sounds like another attempt for the administration to bring in more cash, off the backs of our owner operators.

Read the full story from Today’s Trucking . . .

: government, independent workers, labor, owner operators, today's trucking, truck

government, independent workers, labor, owner operators, today's trucking, truck

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Congressman Paul Tonko Discusses Jason’s Law

Posted by Allen Smith in Politics, Safety, Talk Radio Show, otr trucking, trucking, trucking show on February 17th, 2010

Congressman Paul Tonko New York Congressman, Paul Tonko was our guest on Truth About Trucking “LIVE” talk radio, Thursday, February 18th, 2010 at 7 PM EST. Discussion focused on House Bill H.R. 2156, also known as Jason’s Law. As per the bill, top priority will be given in order to: “address the shortage of long-term parking for commercial motor vehicles on the National Highway System.” In general, the Secretary of Transportation “shall allocate funds made available to carry out this section among States, metropolitan planning organizations and local governments.”

Furthermore, this important bill calls for “constructing safety rest areas (as defined in section 120(c) of title 23, United 22 States Code) that include parking for commercial motor vehicles.” In addition to:

Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.

Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.

Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.

Constructing turnouts along the National Highway System for commercial motor vehicles.

Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis.

Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.

Congressman Tonko addressed the importance of Jason’s Law and fielded questions concerning the many misconceptions about House Bill H.R. 2156. Questions were given by Project World Awareness and the Congressman cleared up the rumors being spread about Jason’s Law.

One caller, Andy Warcaba of Andrew J. Warcaba & Associates, called in as well, to discuss the problem with the building of safe parking for commercial trucks.

To clear up the misconceptions about Jason’s Law, hear what Congressman Tonko had to say:

: allen smith, H.R. 2156, Jason's law- H.R.2156 S971, paul tonko, truck parking, trucking talk radio