Trucking Advocate and Activist Allen Smith of TruthAboutTrucking.com : Articles Current News and Information for CDL Truck Drivers and Truck Driving Students…"Raising the Standards of the Trucking Industry"
The U. S. trucking industry has seen a serious rise of cargo theft over the past few years and the problem is growing rapidly. So much in fact, that stealing truck freight is becoming the“signature crime of the early 21st century.”
The September, 2010 issue of Truckers News Magazine has taken an in-depth investigation into the growing and dangerous problem. On September 1st, 2010 Truth About Trucking “LIVE” talk radio discussed, not only the problem . . . but the solutions to this ever-growing crime.
Our special guests were:
Todd Dills, Senior Editor for Overdrive and Truckers News magazines
It has been debated by truck drivers waiting in line at the shippers and receivers and over a cup of coffee at their favorite truck stop. Some like the idea, while others are adamantly against it. It will likely never happen, but it makes for good conversation . . .
What are the pros and cons of having all truck drivers paid by the hour, instead of CPM, per load or other means. By what pay do truckers really prefer? Stay with cents-per-mile or would having all drivers pay at an hourly rate work for the millions of professional truck drivers who keep America moving?
Trucking talk radio, Truth About Trucking “LIVE” discussed the hourly pay for truck drivers debate on Thursday, August 26th, 2010. Are you for it . . . or against it?
Also, for the first segment of the show, our special guest was Mike Garcia of diesel treatment dot com about the new fuel additive, XTREME.
John Winterholler
Also joining the show was CEO/President of Syntek Global, John Winterholler.
Xtreme fuel treatment
Allen tested this product and the results were disclosed on the show as we learned more about this diesel and gas fuel treatment. Owner Operators should check out the Xtreme Fuel Treatment and compare the cost to savings as was described in the show.
We will posting the test results in an upcoming post . . . catch the show here:
The Big Rigs CD – Jason Law Fund has been established by songwriters, David Ayers and Barry Allen in order to assist Hope Rivenburg and her children, Joshua, Logan and Hezekiah, and her quest to promote the passing of bill H.R. 2156, better known as Jason’s Law.
Truth About Trucking “LIVE” talk radio discussed the release of the new trucking music CD, “When the Big Rigs Don’t Roll” earlier this evening on the popular Blog Talk Radio program. The two hour broadcast featured special guests:
David Ayers
David Ayers – An award-winning songwriter through the Georgia Music Industry Association. He has served on the executive board of the GMIA and has worked with beginning songwriters at the Georgia Music Hall of Fame. He is a member of ASCAP and the NSAI and is a prolific songwriter, and has developed the reputation for being the “country Christmas specialist” throughout the entire metro-Atlanta area.
Barry Allen
Barry Allen – A well-known songwriter, publisher and songplugger in Nashville, TN and is a member of the CMA, BMI and the Nashville Songwriters Association International. He regularly volunteers at the NSAI which offers training & education to aspiring songwriters and advocates for the interests of songwriting professionals in Washington, D.C.
Hope Rivenburg
Hope Rivenburg – With the help of Congressman Paul Tonko, Hope has brought the need for safe and secure parking areas for our nation’s truck drivers to the attention of the media. Her works and dedication toward the passing of bill H. R. 2156, better known as Jason’s Law, is named after her husband, Jason who was killed on the side of the road when he parked his rig in an abandoned gas station due to the lack of safe parking in the area. Her plight led to David and Barry penning the song, “Say a Prayer for Jason” on their new CD release.
Richie Acosta
Richie Acosta – Bodybuilder and professional truck driver, Richie Acosta maintains several websites for all truck enthusiasts around the world, and his rig is used as the main cover of the Big Rigs CD. His East Coast Large Cars Annual Truck Show has become the fastest growing truck show on the east coast.
For information on how you can help to support Jason’s Law and the Rivenburg family, please visit the Big Rigs CD – Jason Law Fund.
Listen to the stories behind the songs from our Truth About Trucking “LIVE” talk radio show:
Press Release by Truth About Trucking LLC : For Immediate Release
8-16-2010
Trucking Anthem Song and CD title, “When the Big Rigs Don’t Roll” joins trucking radio internet host Allen Smith for a “Live” CD Release Party
Internet radio show host, Allen Smith, of Truth About Trucking “Live,” joins forces with song writers David Ayers and Barry Allen of Allen & Ayers Productions, to promote and celebrate the release of “When the Big Rigs Don’t Roll,” one of the most powerful and influential trucking CD’s to be released in decades.
Ayers and Allen have been seen on Fox News, CNN, The NY Times, Cox news, as well as numerous other media, and will be on the air “Live” on August 18th to share the release of their CD. The eye catching title of the CD was created after the hit song, “When the Big Rigs Don’t Roll,” which debuted in April of 2008 during the famous trucking fuel protest convoy to Washington DC. The song has since been played at many other trucking rallies nationwide and has been referred to as the “Truckers Anthem.” Not since songs like “Convoy” and “Teddy Bear” has a trucking song attracted so many people from so many walks of life, supporting and cheering for truck drivers as people everywhere have come to the realization that “without trucks, America stops.”
The trucking industry has undergone very dramatic changes over the years, including: deregulation, laws and mandates, CDL training requirements, EPA regulations, and of course increased fuel prices. The new CD addresses many of these changes and how they affect the life and lifestyle of the modern day truck driver. Song artist, John Johnson, has been able to capture the emotion and feelings of drivers through the lyrics of Ayers and Allen, and also through his own powerful and passionate voice. The diversity of music on “When the Big Rig’s Don’t Roll” includes country, blues, spiritual, and blue grass, combing trucking issues, romance, and humor while representing real aspects of modern life and experiences.
Another song on the CD, “Say a Prayer for Jason”, has become almost an overnight success as it addresses the drastic need for more available safe truck parking. The song is about slain truck driver Jason Rivenburg and his forced decision to park at an abandoned gas station in order to rest for the evening. Jason was then murdered for a mere seven dollars and left behind a wife, newborn twins (born shortly after his death) and a 2 year old son Joshua. His wife Hope has been relentlessly pursuing the passing of Jason’s Law which was originally introduced to the House by Congressman Paul Tonko of New York State as bill HR 2156. Senator Charles Schumer, also of NY, presented a similar bill to the senate, S970.
Jason’s Law will ensure the continuous development and support of more safe and adequate truck parking by introducing a 6 year pilot program totaling 120 million dollars, accessed from funds already existing from collected fuel tax dollars.
This song and the movement of Jason’s Law has accomplished something that nothing else has ever been able to accomplish within the trucking industry: the ability for all aspects and entities of trucking to join together and agree in unison upon something; The need for more safe and adequate truck parking.
The ATA, OOIDA, the OOU, and the Teamsters, along with trucking websites and blogs, and drivers from all over the country, have united in one voice, expressing their desire for the Passing of Jason’s Law.
David Ayers, Barry Allen, and song artist John Johnson will be attending the Great American Trucking Show (GATS) in Dallas, Texas during the last weekend in August, with fans everywhere anticipating a live performance on Friday night August 27th, 2010 by John Johnson.
On Wednesday, August 18th, 2010, Allen Smith of Truth About Trucking Live, will be airing a live CD Release Party for “When the Big Rigs Don’t Roll.” Guests will include song writers David Ayers and Barry Allen, Hope Rivenburg, and Richie Acosta, who supplied the enormously popular front cover image of the CD.
Guest and callers will be able to interact live through the internet and via their phones, being able to ask questions, win FREE CD’s, and listen to the stories behind the scenes of this legendary CD release, “When the Big Rig’s Don’t Roll.”
NOTE: National Call in Day for Jason’s Law is September 15th, 2010
WE will be posting about the CD Jason’s Law Drive which will be starting SOON and will end the day of the National Call in day of SEPTEMBER 15th
During the Jason’s law CD Drive, a large portion of the proceeds will be donated to Hope Rivenburg and her 3 children, as well as towards the efforts of the passing of Jason’s Law! We’ll be writing more about this and will have more about it on the CD release part show on Wednesday evening; 8:30 PM ET 8/18/10
How serious is the FMCSA’s CSA 2010 for truck drivers and trucking companies? While many truckers and trucking companies have taken a “wait and see” attitude, Rickey Gooch of PrePaid Legal Services, Inc., and Justice for Truckers, continues to address the seriousness of this new safety initiative.
Mr. Gooch was our special guest on Truth About Trucking “LIVE” talk radio, on Thursday, August 12th, 2010.
The discussion took a more in-depth look into the CSA 2010 and why he sees it as the most serious law to ever hit the trucking industry, with the intentions of the FMCSA being to “absolutely remove drivers from the industry.”
Did you miss the live broadcast? Not a problem . . . catch it from our show archives, or right here :
As provided in my previous post, Truck Drivers and the Controversial Gun Debate, the right for truck drivers to carry a firearm in the commercial motor vehicle is always a hot topic among truckers. I can see both pros and cons to this issue, although I have found that most truck drivers will stand on their 2nd Amendment Right to keep and bear arms. We have received many emails from truckers across the country voicing their opinions on this issue, and we are seeing that about 95% believe they have the right to carry protection with them in the CMV, while about 5% are against it.
As many will recite the Peaceable Journey Act to back-up their right to carry, I wanted to dig a little deeper as to what, if any, does the Federal Regulations say about the transportation of firearms by licensed CDL holders. What I found is the term, unlawful possession, which I feel is important for all CDL drivers to understand. This term could be the reason why some professional truck drivers find themselves in trouble with D.O.T. or other law enforcement officials.
According to the Code of Federal Regulations, Title 49, Volume 9 which was revised as of October 1, 2005 and Chapter XII, Subpart B under Section 1572, firearms are mentioned under Section 1572.103 – Disqualifying criminal offenses. Under this section, truck drivers can lose their CDL for life if they are found to be in violation of what is known as Interim Disqualifying Offenses. According to this Regulation, truckers can be disqualified from ever having a CDL license if they are found to be in:
“Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon.”
As I read headline news where truck drivers have been arrested at a weigh scale or inspection site for having a gun in the vehicle, I had to wonder if there were another side to the story, since by all Federal Law and meeting all city, county and state laws and regulations, and if their motor carrier allows them to carry in the CMV, why were they arrested? I would have to conclude that they were, somehow, in violation of this unlawful possession offense. Not being an attorney, I had to research exactly what does “Unlawful Possession” mean?Although each state varies in their definition of unlawful possession, here is a general outline :
A person commits the crime of unlawful possession of a firearm(State permit license excepted) if the person knowingly:
Carries any firearm concealed upon the person
Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
Possesses a firearm and has been convicted of a felony;
Was committed to a State Health Authority (Court determination of mental illness);
Was found to be mentally ill and subject to an order (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or
Has been found guilty except for insanity (Effect of mental disease or defect) of a felony.
You can read more about Interim Disqualifying Offenses from the FMCSA website, and be sure to tune in to Armed American Radio on Sunday, August 8th, 2010 from 9-10 PM EST as Mark Walters, myself and others, will discuss the right to carry as it pertains to professional truck drivers.
Mark Walters is host of the nationally syndicated, Armed American Radio by Salem Radio Network. He is the columnist (The Ordinary Guy) for Concealed Carry Magazine, and co-author of the best selling book, Lessons from Armed America, which is available at White Feather Press and all major book retailers.
Armed American Radio is one of the fastest growing Nationally Syndicated Radio Programs in America. Host, Mark Walters is a columnist with Concealed Carry Magazine and co-author of the highly acclaimed book, Lessons from Armed America. He is also a 26 year veteran of the trucking industry. His radio show isheard in all 50 states and 11 countries, and he has appeared on the Fox Business Channel.
I have been asked by Mark to be a guest on the show which will air live on Sunday, August 8th, 2010 and is scheduled for the second hour of the show, from 9-10 PM EST. Discussion will be on truck drivers and their right to carry a firearm for protection. I urge everyone to tune in and call in to the show to share your views on this issue.
Professional truck drivers are expected to travel in and out of the highest crime areas in the country. We usually think of the most common places such as Chicago, Detroit, Los Angeles, and the inner boroughs of New York City. However, truck drivers today can face life threatening situations anywhere across the nation as crime continues to rise. States that one usually does not associate with a high crime level have now made the list of the top 15 most dangerous states for 2010. Arkansas, my birth state, comes in as number 10 on the list, while Oklahoma, my home state, ranked number 13. Crime is everywhere.
The recent prison escapees out of Arizona, hijacked a tractor-trailer rig with two truckers and as all three escapees were serving sentences for murder, these truck drivers were lucky to escape with their lives. Others have not been so lucky:
NY Truck Driver Shot, Killed In Cab
Truck Driver shot in Fort Worth
Truck Driver shot in neck, dies
Truck Driver shot in Dillon
Truck Driver shot and killed in Tampa . . . and on and on and on . . .
The issue of truck drivers being able to carry a firearm in the truck with them for protection is always a heated one. Many do not believe that this would be a good idea, and in fact, would lead to more criminal acts. Evidence, on the other hand, shows this is not the case. In case studies, both here in America and Europe, when more law abiding citizens were armed with protection, crime actually went down. The question is not whether or not truck drivers should be allowed to carry a gun in the commercial vehicle . . . the question is : are you willing to give up any of your Constitutional Rights under any circumstance?
Contrary to what you may have read on the internet, there is no Federal Law against truck drivers carrying a firearm with them in the commercial motor vehicle. In fact, Federal Law states that you can. According to Title 18 Section 926(a) of The Peaceable Journey Act, under Part 1, Chapter 44, it states:
“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:
Provided, that in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.”
The problem with truck drivers not being able to carry a gun with them for protection has nothing to do with a Federal Law. Truckers are faced with two hurdles to overcome when faced with this issue: (1) Being legal and not violating any city, county or state law of any state that they will be passing through and (2) abiding by any company policy that their employer may have in place. The first point is clear in the opening sentences of the Peaceable Journey Act:
“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof . . .”
A truck driver must know for certain that he or she will not violate any law of any city, county or state that they will be passing through on their journey, as it pertains to carrying a firearm within the CMV. Most often, this is not a problem since most states recognize a permit to carry . . . most do . . . not all:
Driver arrested at Texas D.O.T. weigh station when gun discovered in truck
Truck Driver arrested in New York when hand gun was discovered on routine inspection stop
Maryland Truck Driver arrested after firearm found in vehicle
Whether you have a licensed, permit to carry . . . laws in cities, counties and states matter. That is number one . . . number two, an employer has the right to establish any such company policy that employees are expected to adhere to. Most motor carriers have a policy of “no firearms” allowed in company vehicles. It is the same as the policies of many shippers and receivers, such as a Walmart Distribution Center, for example. They will usually have a sign on their property stating that no firearms are allowed on company property and that they reserve the right to search your vehicle. It is their property, their policy.
So how do you answer the question, “Can truck drivers carry guns?” From a law point of view, yes . . . but I would make certain that it is registered and that you have a state license to carry. On the other hand, “Can truck drivers carry guns?” . . . no . . . not if the motor carrier or employer has a policy forbidding it.
So the final answer to this question really comes down to you, the truck driver. Are you willing to carry a firearm for protection within the cab of the CMV at the risk of losing your job? Federal Law allows it . . . your 2nd Amendment Right allows it . . . but as a professional truck driver who’s motor carrier may have a policy against it . . . you must make the personal choice of whether or not to carry a gun in the truck with you or not . . . and risk losing your job for it . . . as well as running the risk of arrest by violating any city, county or state law as stated in The Peaceable Journey Act. This is what it really boils down to.
What are the pros and cons to this issue? Good idea or bad? I hope you will tune in to the showon Sunday, August 8th, 2010 at 9 PM EST and let host, Mark Walters hear your thoughts on this matter.
Truth About Trucking “LIVE” talk radio show discussed the safety and health concerns that truck drivers face with the no idle law, on Thursday, July 29th, 2010.
Rules and policy makers suggest that professional truckers can simply “plug in” at the truck stops or get a motel room . . . the problem, however, is that the majority of truck stops across America do not have plug in locations and those that do charge a fee which comes out of the drivers’ own pocket. Furthermore, the reason semi tractors have a sleeper, is so the driver does not have to obtain a motel room . . . which, by the way, also would come out of their pocket.
Theno idle law is being pushed by the Smart Way EPA program and many trucking companies are beginning to instigate their own policies on this issue, placing all of the burden and expense on the truck driver. Is it really all about the green movement and protecting the environment, or is it more about greed?
Any driver who has been driving long enough has experienced the ordeal of spending a night in the sleeper birth with no air or heat until they could get to a repair shop and have the problem fixed. Try sleeping in 100 degree heat or -25 below zero, without the proper comfort devices . . . at the same time, truck drivers are expected to get the rest and sleep needed . . . after all, this year has been declared as the “Year of Safety,” right?
Some drivers have pointed to an amendment to the no idle law which allows the truck to idle if the driver has a pet in the cab of the truck with them. Perhaps this is the way for truck drivers to get around this law? It is OK for the driver to suffer in immense heat or cold, but for an animal . . . absolutely not! However, this may not be the case in all states. California, for instance, has stated that as of January 1st, 2009, that a driver can no longer use a pet for an excuse to idle.
All of the shows are archived, or in case you missed it . . . you can catch it here:
Believe it or not, truck drivers have rights too. There are laws in place to protect professional truckers from company retaliation for refusing to operate unsafe equipment, falsifying logbooks, false information placed on their DAC Report and even disputes that arise from trucking companies lease purchase programs. Per our previous post, OSHA and your rights as a truck driver, many truck drivers fail their case due to not having the proper legal representation.
Trucking employment law attorney, Paul Taylor was our special guest on Truth About Trucking “LIVE” Blog Talk Radio, on Thursday, July 15th, 2010 . The law office of Taylor & Associates, Ltd., of the Truckers Justice Center have been helping workers get justice for their employment-related problems for more than 20 years. Having come from a trucking family, Mr. Taylor understands the hardships faced by the professional trucker and specializes in trucking employment law.
Truck drivers who refuse to violate HOS rules or to operate the CMV in a way that would violate a Federal Commercial Motor Vehicle Regulation are protected from any kind of retaliation by the trucking company, under the STAA, 49 U.S.C. Section 31105, and are encouraged to report any such retaliation to the FMCSA and to OSHA.
His law firm offers free initial consultation and works on a contingency fee basis, meaning that you pay NO ATTORNEY FEE unless they recover. As mentioned in our earlier post, one study found that OSHA ruled in favor of the truck driver only 31% of the time. However, in most of these cases the employee chose to act without an attorney experienced in employment law.
If you missed the broadcast with Paul Taylor of The Truckers Justice Center, you can catch it here:
Truck drivers will soon be seeing a new music CD filled with songs that focus on today’s trucking issues. Issues such as the DAC report, the high cost of diesel fuel and the general life of a trucker and the challenges they face. Not since the days of Red Sovine and C. W. McCall, has there been a true-blooded music CD generated for the men and women of trucking. Songwriters David Ayers and Barry Allen are about to change all of that.
Having swept the internet with their smash hit, “When the Big Rigs Don’t Roll“, the CD of the same title is expected to be released within the following weeks. With John Johnson performing the vocals, David and Barry wanted to put together a new, all original CD that would honor our nation’s truckers and shed light on the work and struggles that they endure on a daily basis. The talented songwriters,having won numerous awards, “When the Big Rigs Don’t Roll” has been played at rallies in Washington, D.C., New York, Pennsylvania, Texas, Georgia, Florida and all across the USA and has been featured on CNN, Fox News, Cox News papers and internationally and is still broadcast through out the trucking industry. Top Nashville music executives have referred to the song as an “Anthem comparable to the late, great hit “CONVOY” by C. W. McCall.”
One of the songs on the CD will be, “Say a Prayer for Jason“, a song dedicated to slain truck driver, Jason Rivenburg and in support of Jason’s Law, bill H. R. 2156. Listeners of the Truth About Trucking “LIVE” talk radio show had the opportunity to hear, for the first time anywhere, this moving musical melody, paying tribute to one of trucking’s fallen. The show aired live on Wednesday, July 7th, 2010 and Truth About Trucking “LIVE” was given exclusive permission by Allen & Ayers Productions to share a few of the songs on the soon to be released trucking CD. “Say a Prayer for Jason” and “The Trucking Brand” were two of the songs broadcast live for the first time and can only be heard on Truth About Trucking “LIVE.”
The show, “The Truck Driver Shortage Fabrication“, also provided an update on Jason’s Law as explained to Truth About Trucking, LLC by Mr. Todd Kohr, a staff member on the Highway and Transit Sub Committee: A perfect timing for “Say a Prayer for Jason” to be heard. This broadcast focused on how current CDL training procedures, CSA 2010 and cross border trucking all relate and help to create the so-called truck driver shortage. As one of our most listened to shows to date, listeners were able to hear for the first time, “Say a Prayer for Jason” and were advised about the news of the upcoming CD.
Since the 1970’s, truckers have not had a music CD produced and dedicated solely for them . . . I would say that it’s about time. We’ll keep you posted on the release date and remember . . . you heard it here first!
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