Archive for category trucking blogs

How to Remove False Information From the DAC Report

Posted by Allen Smith in Talk Radio Show, dac report, trucking blogs on January 28th, 2010

By: Allen Smith

Allen Smith It is a constant battle. Thousands of truck drivers unable to find another truck driving job due to false information having been reported to their DAC report. The number of drivers affected is unknown. Other false information is constantly being spread through-out the internet, such as one poster stated that the information on the DAC report is 99.9 percent accurate . . . yet, the poster provides no evidence of where this number comes from. Of course, it is a percentage that he has just pulled out of the air, based on whatever his agenda is. It is often not difficult to discover why such behavior goes on. Such as the case of this poster making the 99.9% comment. Hiding in the forum as a “driver” he is in fact, an owner of a trucking company. I prefer to deal with facts, not whimsical numbers and exaggerated statements from a trucking forum that will not allow those drivers to post their DAC stories and show their support of the Stop False DAC Reporting petition.

Another trucking forum refused to allow us to post the link to the DAC petition to their forum saying that we were “only trying to advertise.” Perhaps I am naive? I assumed that trucking forums were for the drivers? If not, what do you think they are for?

Furthermore, when you dig a little deeper, trying to discuss the issues facing the industry and drivers today, I will receive a post back similar to: “You are only trying to sell your eBooks.” Forget about the time spent answering emails, returning phone calls, posting to this blog, broadcasting our Blog Talk Radio show . . . it is all about “trying to sell your eBooks.” Once again, confirming my past article: The Truck Driver’s Worst Enemy.

This is why I am not big on trucking forums. There are only a handful of trucking forums that provide excellent, fair and honest postings. As CDL students or new drivers, realize that whoever is answering your questions you post to the forum, you have no idea who they are. One example is where a new driver asked a question about a certain trucking company and wanted to know if it was a good company to go to. The answer he received was very positive, praising the company and advising him that it would be a great company to get on with. A few months later the new driver was back in the forum, telling his poor experience with the company. It was later identified that the answer had come from a recruiter of the said company. Remember, this is still the internet . . . when asking advise and opinions inside these trucking forums, etc., it could be anybody with an impressive “handle” giving you advise. A key sign to a poor forum is when you try to post a comment that is biased against the conversation that is occurring, and they will “not allow” your comment to post. This is a sign the trucking forum or other various site, has an agenda of some kind.

I will generally get pulled into posting on some forums, but I mainly stay away. Most of the forums just want to do what they have been doing for years and years . . . just the same old talk and “blah, blah, blah” but never really standing up and taking any action of any kind to help raise the standards of the trucking industry for both, the industry and drivers. Taking actual “action” for a good cause is too much work. The “blah, blah, blah” is much easier to do.

As far as complete accuracies for the DAC report, I have no idea what the numbers are. Even if the 99.9% is correct, (which it is not), with four million active CDL drivers in the United States, that would mean that 4,000 drivers have had false information placed on their DAC report, ruining their livelihood. Yet, I have received hundreds and hundreds of emails and letters from drivers across the country sharing their DAC stories with me, as well as having received, thus far, 1,043 signatures on the DAC petition. Furthermore, I have received a large number of emails from drivers wanting to sign the petition, but fear being identified by their employer and losing their jobs. I completely understand and would not want anyone to sign the petition if they thought they could lose their job for doing so. Even if the number is only 4,000 drivers affected by false DAC reporting, what should we do? Just leave them blowing in the wind?

Whether or not we can reach the number of signatures needed for State Representatives, Congress and the Senate to take notice, remains to be seen. There is much more to bringing about reform on an issue than just having a petition. It takes letters, phone calls, emails and various means of drawing attention to the fact that the cause is worth the attention of those with the power to bring about the reform. The best example of this is the undying desire shown by the Rivenburg family for House Bill H. R. 2156, Jason’s Law.

Will we make it? I don’t know. But unlike most of these trucking forums which choose to just send out meaningless chatter and find it too hard to stand up for a cause to help the industry and, most importantly drivers, if we don’t make it, we can at least say we tried. At least we stood up and took action . . . we did something. I am continuing with the DAC cause and will further wait to see how it is shaping up . . . I have a lot of patience.

Recently I have been getting quite a few emails from some of you facing false information on your DAC saying that you “quit without notice” even though you advise that you never even worked for the company, only attended the orientation. This is how a trucking company can place this on your DAC Report:

Once a company has assigned you a driver number, you are officially employed. This number assignment is done during the orientation, in order to have you ready to go on your first load. Even if the company tells you to go home and wait for your first load, having the driver number assigned to you and having been placed in their system, you are officially hired and an employee. If you decide to call the next day and tell them you have chosen not to take the job after all, the company has to pay the accounting department, the HR department, etc., in removing the assigned number from you and pulling you out of their payroll system. Not to mention the time and money they have put in with the training, motel expenses, food expenses and so forth. Once that driver number has been assigned to you, legally your employment with the company has been accepted. Even though you never actually drove for them, legally they can report that you quit without notice.

Is it the moral thing to do? No. Is it the ethical and right thing to do? No. Is it legal? Yes. Due to false information being placed on drivers’ DAC reports, naturally you want to work at having it removed. The first thought is SUE! The DAC services are very acquainted with law suits and will not even blink an eye at this threat. The proper way to handle removing false info from the report, is to follow the procedures laid out by DAC.

Receive a copy of your DAC Report
File a Dispute
Provide a written statement accounting your side of the story

Sounds simple, right? Here’s the key aspect that you need to understand about how to remove false information from the DAC report. Its’ very simple . . . you must have verifiable, tangible, physical . . . some kind of PROOF showing that your account is indeed fact. Without proof, without evidence, chances of having the false info removed is very slim.

They have specific procedures for drivers to follow to begin the dispute process and having false info removed from the report. The main reason drivers have trouble having false info removed, is because the driver has no physical or verifiable proof.

This was further ruled on from the ruling of the April, 2009 court case:

Eaton vs. Raven Transport

“The above case teaches that to hold the trucking company liable, the allegation MUST not only allege that the trucking company made a false report to DAC; but that there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.”

Based on this case, it was determined by the courts that:

“The transport company cannot hide behind a “qualified privilege” when it makes intentional false statements on the DAC report. The transport company will be held legally liable for such intentional and malicious conduct. Not only will the company be liable for compensatory damages resulting from the truckers’ inability to obtain work; but its malicious conduct warrants punitive damages.”

Here is the actual quote determining the win for the driver:

“Plaintiff is a pro se litigant pursuing a claim related to losing his job as a truck driver. …Plaintiff has accused Raven of making defamatory statements about him to the EEOC and the DOL as well as to a potential employer, D. Krutiak Trucking (“Krutiak”). Raven has also been accused of releasing defamatory statements in a DAC Report, an employment-history database for motor carriers. Raven has moved to dismiss on the grounds that the statements that they made were privileged and not subject to liability.

Plaintiff claims that these statements were knowingly false and have made it difficult for him to secure other employment….. (a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, State or local statute, rule or regulation.

This privilege carries a rebuttable presumption of good faith. Qualified privilege will not attach to the DAC Report or Raven’s communications with Krutiak if they were knowingly false, deliberately, misleading, or rendered with malicious purpose……..Plaintiff has alleged that Raven’s statements were knowingly false and rendered with malice. Since this Court must assume that these allegations are true for the purposes of this motion…Plaintiff’s defamation claim for the DAC Report and for communications with Krutiak cannot be dismissed now…

Considering the foregoing, Raven’s Motion to Dismiss is DENIED”

Eaton v. Raven Transport.

Not Reported in A.2d, 2009 WL 1277991

Del. Super., April 2009.

First, follow the procedures that DAC wants you to take. If that fails and you consider a lawsuit, remember the understanding that came from the ruling of April, 2009:

“That there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.”

To request a copy of your DAC Report . . .

To File a dispute . . .

For more information on the DAC services . . .

I’ll keep you informed on the DAC petition and how it’s looking, and will never just throw out “numbers from the air.” I wish I could give you a powerful and impressive “handle” . . . but my handle is just Allen Smith.

Thanks for all your support.

: allen smith, dac report, employment, remove false information, Truck Driving Jobs, trucking, trucking forums

allen smith, dac report, employment, remove false information, Truck Driving Jobs, trucking, trucking forums

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Women in Trucking Roll Down the Social Media Highway

Posted by Allen Smith in Jobs and Careers, Truck Driving Jobs, Woman Truckers, Womens World, otr trucking, trucking, trucking blogs, trucking life on January 28th, 2010

There have been a few industries which have always reigned on the side of secrecy. The inside look into these few sectors have always remained to those within the industry itself, leaving “outsiders” to wonder as to what these certain kind of lifestyles are really like. Long haul trucking is one of those industries. Recent TV shows like Ice Road Truckers have fed many viewers curiosity into another aspect of the trucking industry.

Nearly everyday on my work schedule, I will have someone walk up to me and ask a question about the “big truck” I’m driving. Many of the general public still remain enthralled by the life of a trucker and wonder “what is it really like?” In an industry that is dominated by male drivers, add a women driver to the equation and they become even more inquisitive.

In recent years, the secrecy that lies within the trucking realm has become more open and transparent, largely due to another realm known as the social media highway. With the help of forums, blogs, podcasts and online news sources, more of the general public and those curious about the lifestyle of trucking, have learned more about the industry and what makes the men and women of trucking . . . truckers! Normally, they appear to know only a few aspects of the industry which they always are ready to inform me about . . . “80,000 pounds is all you can carry, right?” Another question I am asked often is, “What’s your handle?” Other than these two questions, I can see the general public is still very naive about the world of professional truck drivers . . . although they are learning.

With the help of the information highway, more women are finding much needed resources in learning the in’s and out’s of an industry, long ruled by their male counterparts. The information can be extremely informative, giving the good, bad and ugly of the industry . . . aspects that can exist in any industry. It’s a good thing, especially for those women interested in a trucking career, to hear what it’s really like to be a female in a male dominated industry . . . and the women in trucking continue to share their stories while rolling down the social media highway.

DoItHerSelfer is one of those women. A former construction contractor and business owner for 34 years, doitherselfer was accustomed to working within male dominated industries. With the fall of the construction business, due to the economy, she had no hesitation in jumping right into another industry ruled by men . . . trucking. She gives her thoughts, opinions and a further look into the world of trucking from a women’s view and is readily available to answer questions that other women may have in their decision making to move over to long haul trucking as a career.

She can also be found on Twitter.

Women in trucking continue to stand up and speak out using the best means of communication available since the dawn of time . . . the social media highway and Do-It-Herselfer is no exception .

: do it herselfer, highway, long haul trucking, professional truck drivers, social media, trucking blogs, women in trucking

do it herselfer, highway, long haul trucking, professional truck drivers, social media, trucking blogs, women in trucking

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Trucker News Magazine Interviews Daniel Audet of TruckStar Radio

Posted by Allen Smith in Talk Radio Show, trucking blogs, trucking life on January 19th, 2010

Trucker News is the #1 leading lifestyle magazine for long haul truckers and widely respected through out the industry. In the January, 2010 issue, Senior Editor Todd Dills who blogs daily at Overdrive online, sat down with Daniel Audet of the TruckStar Radio program and host of thetruckstar.com – “One of Trucking’s most Popular and Controversial Blogs.”

With his unique style, Audet brings into focus, many aspects of the trucking life often mingled with political issues and a broad range of interesting and controversial topics. Listed under the “Exit Only” section of the magazine on page 81, Mr. Dills shares a little insight into this hotshot hauler’s unique brand of trucking talk radio, along with having done a video interview as well.

You can read Todd Dills’ daily posts and the important issues facing the trucking industry at his Channel19 blog.

Video interview with Daniel Audet

Follow Mr. Audet on Twitter . . .

: daniel audet, magazine, overdrive online, todd dills, truck star radio, trucker news, truckernews, trucking talk radio, truckstar radio

daniel audet, magazine, overdrive online, todd dills, truck star radio, trucker news, truckernews, trucking talk radio, truckstar radio

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Trucking Industry and Politics

Posted by Allen Smith in Politics, Talk Radio Show, otr trucking, truck driving schools, trucking, trucking blogs, trucking companies, trucking life on November 29th, 2009

Many veteran drivers have written me and they often begin in the same way: “The trucking industry is the most corrupt industry . . .” I receive emails like these every day. For nearly five years now, we have been taking these issues of OTR trucking scams and abuses directly to the public . . . throwing the information out there right in the face of the trucking industry. Veteran drivers have been talking about these issues for years among themselves, but that was one of the problems . . . they were only talking about them “among themselves.” Within the last several months, we are seeing a big change in the efforts of professional drivers . . . many drivers, new and experienced, coming together and speaking out against the scams and abuses that have existed within this transportation industry for years.

One lone voice in the wilderness may never be heard, but when hundreds or thousands of voices join with that one lone voice . . . change for the better can occur. A perfect example of this is the Cap and Trade bill. Making it through Congress, it suddenly found itself stalled within the Senate. Why? The Senate took notice of not just one lone voice screaming that they did not want this bill, but thousands or millions of voices yelling against Cap and Trade. The Senate stood up and took notice . . . notice of many voices standing up, speaking out and saying that Cap and Trade is not what the public wants. The same thing could happen to the nationalization of health care. With millions of voices coming together against this plan, it too, could end up in the stalling process.

I hear all the time that nothing will change in the over the road trucking industry, yet I am already seeing change of a positive note. Companies are “cleaning up” their terminals and buildings to present a more professional look . . . several companies are taking a closer and harder look at their driver trainer programs and more and more newcomers to the industry are learning about the scams of the DAC Report, CDL Schools and trucking companies committing fraud with the U.S. Government subsidy programs. More drivers are coming together and are no longer just talking about these things among themselves . . . it is being brought forth through other websites, blogs, article directories and trucking talk radio shows, even being heard on various satellite radio stations. For the first time that I can recall . . . these issues within the OTR trucking industry are being openly discussed and being noticed and taken seriously. But we still have a long way to go.

Five years ago there was not one “truth” about OTR trucking site on the internet . . . not one “truth” about the real world of over the road trucking talk radio show . . . not one site or media outlet that was taking these trucking issues directly to the public and to the industry itself and saying, “These scams and abuses have been going on for too long, and we are now going to start fighting back.” Now, there are more and more sites, blogs, pod casts and other outlets joining voices and taking these serious issues straight to the face of the industry . . . and believe me, they are taking notice.

With every turn of a new leaf, one finds another scam or abuse within this industry. It is a battle that one lone voice cannot win, but with thousands or millions of other voices, joined together, you better believe that this industry can be turned around. The OTR trucking industry is actually two battles in one: the industry itself and the corrupt world of politics.

One site, The American Driver is dedicated to fighting the political battle. As their website explains:

“All of us can agree we have a serious problem and something needs to be done. This basic understanding is the reason we need to unite and determine, as a whole, the proper action which must be taken to correct our problems. We are calling on all Americans, both truckers and citizens, to make it known you understand there’s a problem and commit your support of truly uniting to begin to address the problems we face.”

Support Our Truckers

Let’s show our support by joining The American Driver “Support Our Truckers” support page. Email your name, city and state to theamericandriver@yahoo.com
and tell them you want to be added to their “Support our Truckers” page.

These scams and abuses against CDL students, trainees, new drivers and veteran drivers have been going on for too many years. One lone voice in the wilderness may never be heard, but as the trucking industry leaders are coming to realize . . . many driver voices together will make them stand up and take notice that enough is enough and change to the OTR trucking industry is coming.

: abuses, cap and trade, CDL schools, cdl students, government subsidy, Politics, professional drivers, Scams, support our truckers, THe American Driver, theamericandriver, trainees, trucking, trucking industry, trucking talk radio, veteran drivers

abuses, cap and trade, CDL schools, cdl students, government subsidy, Politics, professional drivers, Scams, support our truckers, THe American Driver, theamericandriver, trainees, trucking, trucking industry, trucking talk radio, veteran drivers

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Let’s Bring Jason’s Law to the Great American Trucking Show

Posted by Allen Smith in trucking, trucking blogs, trucking companies on July 21st, 2009

The brotherhood of truckers. It’s out there … still … I’m sure of it. Your support of Jason’s Law has generated, at this point, 7582 signatures on the Jason’s Law petition. Your support is greatly appreciated. Many of us are working together to help raise the funds needed to assist the Rivenburg’s in attending The Great American Trucking Show, coming up in August in Dallas, Texas.

To date, all donations have come from truckers, non-truckers and many great trucking related websites. Apparently, trucking companies and the large trucking organizations who boast about their support for drivers and the industry, do only that – “boast.” Practically, each State has their own Trucking Association, however, have yet to step up and respond by donating even just a few dollars to this important step in moving the H. R. 2156 bill further into the public spotlight.

Getting Jason’s Law to The Great American Trucking Show would do just that.

GoTruckStop.com has donated their booth to the Rivenburg family and have set up a donation page to achieve this critical issue. The trucking companies, organizations and associations appear to be leaving the responsibility up to the truckers, individuals and those hosting various sites related to our nation’s truck drivers and the industry. These are the real “movers and shakers” who believe that the “brotherhood” still exist.

Help bring the Rivenburg family to the truck show in Dallas. Any amount of donation is appreciated and will further the cause in Jason’s Law.

DONATE for GATS . . .

Thanks everyone,

Allen Smith

: brotherhood, dallas, donate, donation, GATS, gotruckstop.com, H.R. 2156, Jason's law- H.R.2156 S971, rivenburg, the great american trucking show, truck drivers, trucking, trucking associations, trucking companies, trucking organizations

brotherhood, dallas, donate, donation, GATS, gotruckstop.com, H.R. 2156, Jason's law- H.R.2156 S971, rivenburg, the great american trucking show, truck drivers, trucking, trucking associations, trucking companies, trucking organizations

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Truckers Coming Together for Trucking Rights

Posted by Allen Smith in Woman Truckers, trucking, trucking blogs, trucking life on May 14th, 2009

Allen Smith The trucking industry has several organizations that represent our nations’ truck drivers. Unfortunately, it is not uncommon for an organization to use the main theme, content, or source from another’s news story or blog post and not link back to, or at least mention the original post or author’s work and research.

We ask that all of you join together and keep in mind that our common goal is the benefit of our nations drivers. By communicating with one another, we need to respect and appreciate the hard work, integrity, and commitment we all have towards our common goal of helping truck drivers. As those of us continue our dedicated path in helping the trucking community and its drivers, we as bloggers, journalists, and website owners need to share this common-bond of information among our readers, strengthening our bond with one another, and encouraging each other to stand up for what’s right. Only then will we have the momentum, force, and power to create a true voice and brotherhood which will be required to battle the serious issues which are facing the trucking industry today.

We have seen a great deal of growth between truckers helping truckers, since we first launched the Truth About Trucking and the AskTheTrucker blog. With the success of our trucking talk radio show, Truth About Trucking “LIVE”, there have been more and more drivers and those involved in the trucking industry, coming forward, banding together, forming a new voice that is representing drivers across America and the globe. I just received an email from a new CDL graduate from Canada, inspired by our websites and information, wanting to know how he could do the same thing we are doing in order to help his fellow drivers in Canada.

This is not to say that we are responsible for this growth. They did it all themselves, putting in all the hard work and effort on their own, making their voices heard. Many already existed beforehand, however, as more drivers and trucking veterans launched out on their own, the power of the internet began to take hold. Now, we are experiencing a growing community among truckers and those who wish to bring changes to the industry and help their fellow drivers. There are the organizations that proclaim they are “for the driver,” but now individual truckers and industry veterans are also coming together to fight, for themselves, for trucking rights.

We wanted to list some of these individuals who are making a difference in trucking and are not afraid to share their information with others in the community:

A Smart Union - 15 Year OTR Vet fighting for the Rights of Citizens to have the equal rights of Corporations.

Trucker Desiree – One of America’s few women drivers that stands up and speaks out about the trucking industry and other issues.

The American Driver – Two brothers doing battle in the political arena so all drivers receive the respect that they deserve. Catch their radio show: Truck Stops Here – every Friday 6-8 PM CST.

The Truck Star – One of Trucking’s most Popular and Controversial Blogs! Hosted by Daniel Audet of TruckStar Radio.

United CDL – Supporting the backbone of America – Truckers – and belief in the phrase: Say NO to CHEAP freight!

Coalition to Lower Fuel Prices – Site devoted in seeking resolutions to lower fuel prices.

There are many others who I have not mentioned, quietly working to better the trucking industry for their fellow driver. Let us know who you are in this post along with a link to your website or blog.

As the social trucking community grows, more of us will step up and speak out about the rights, as well as the wrongs, within the largest network of employees in the country: the trucking industry. We will continue to promote and encourage one another, bringing about the change which is so badly needed within the industry. We will also continue to work together as a viable network and fight to bring about these changes that will not only help the industry, but also our fellow drivers. Together we will be a true brotherhood.

Allen Smith

: canada, cdl, community, drivers, industry, lower fuel prices, Truckers, trucking, trucking rights, women drivers

canada, cdl, community, drivers, industry, lower fuel prices, Truckers, trucking, trucking rights, women drivers

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Truckers United: A True Brotherhood

Posted by Allen Smith in DOT, Politics, trucking, trucking blogs, trucking life on April 1st, 2009

For those who have been following, you know that there has been a tremendous amount of discussion regarding the hours of service rules and the laws of the State of Virginia in regards to truck drivers and the lack of parking. There have been numerous posts on other blogs and many news stations have picked up on it, making the general public more aware of this dangerous situation.

To sum things up, the FMCSA has established the hours of service rules stating that drivers must take a 10 hour break after 11 hours of driving. Next, there is a shortage of parking which has existed for many years now, forcing truck drivers to stop and park at either unsafe or inconvenient locations, taking the law required 10 hour break. The state of Virginia has proposed to close even more parking areas, creating an even more dangerous situation for drivers who need to rest. To make matters worse, law enforcement within the state is ticketing drivers who stop to take their rest. They wake them up to tell them that they are not allowed to park in the areas they are resting in, thus forcing them to “move on”, driving illegally by breaking the required law for the 10 hour break. As you can see, either way they end up breaking the law. Without enough parking available, they are forced to park illegally or forced to drive illegally, without their much needed and federal law required rest.

Recently it has come to our attention that two brothers, JB and Frederick Schaffner ( SilverSurfer) are doing much to remedy this problem as well as many other trucking issues which exist within the trucking industry. Their goal is to create a true unity among truck drivers and be at the aid of drivers in need.

JB and Silver Surfer

Many of you have complaints and are angry and frustrated about these driving conditions and laws which you have been forced to adhere to. Mr Schaffner has written a guideline to go by when addressing the authorities for these matters. We think it should be read and action should be taken if this applies to you:

SIlverSurfer:

“It has been brought to my attention to provide some help with what needs to be addressed. Here are some talking points to aid in your communication…”

1. Ask for the lead person in the specific agency your contacting. Example: Secretary of Public Safety Administrator Ms. Hazelgrove. Always ask for the administrator, but expect to possibly get their assistant.

2. Be clear on why you’re calling. This is an issue of truckers being ticketed and forced to violate HOS regulations and drive tired by law enforcement. Impress upon the individual you’re speaking with the seriousness of this issue. That a situation is being created by Virginia’s law enforcement which could result in a tragic situation, and they are using a law which is incompatible with FMCSA regulations.

3. Point out the Federal Motor Carrier Safety Administration’s regulation being violated. It is Part 355, Compatibility of State laws and regulations effecting interstate motor carrier operations. The state is required to review and determine whether state laws are compatible with FMCSA regulations. And in this specific case…a “Waiver of Determination” [355.25(d)] must be on file to allow the enforcement of the laws being enforced.

4. Remain respectful and don’t become frustrated when ignorance is being relayed back to you in the conversation. Take whatever contact info offered and follow through with contacting the individual you are told to contact. When you do…let that individual know exactly who told you to call them.

5. This is the important part…repeat call 2 to 3 times a week. Do exactly the same thing with your communication. Make it known through this process we are not going away until they abide by the laws which are already in place, and being violated.

This is a battle we can win. The law is very clear regarding this issue…and it’s on our side.

STAND UP, SPEAK OUT OR ACCEPT WHAT COMES!!!

Safe Trails and God Bless,
-SilverSurfer-

This was taken from a recent post in a social media group we encourage all to join:

http://unitedcdl.ning.com/group/theamericandriver

“We are calling upon all truckers to take the few minutes each day and hound these state agencies regarding the time limit parking enforcement, which is in direct violation with FMCSA’s regulations.”

The FMCSA regulations being violated is Part 355

Governor’s Office
Tim Kaine
804-786-2211

VA DMV/Motor Carrier Services
MSCAP Administrator
804-367-0266

Secretary of Public Safety
Ms. Hazelgrove
804-786-5351

Secretary of Transportation
Ms. Evelyn Shelton or Ms. Melony Roberts
804-786-8032

Join us and speak out in the name of safety.

Safe Trails and God Bless,
-SilverSurfer-

SilverSurfer has also recently addressed the Secretary of Transportation within the state of Virginia proving this, by providing stated Federal Laws, that their actions toward truck drivers are illegal when based upon the Federal laws provided by the FMCSA. Included in part of the ending to his letter, he stated, “if only someone within the state of Virgina’s government would only stand up and do what’s right.”

These are the Federal Laws which he referred to when addressing the issue.

Requested Information:
Federal Motor Carrier Safety Administration Regulations

Part 395: Hours of service of drivers
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetails.asp?rule_toc=764&section_toc=764

This link is to a U.S. Department of Transportation news release.
Please take note of paragraph 4 stating, "...new federal rule
 requires all truck drivers to spend at
least 10 hours resting between shifts before being allowed
 back on the road."

FMCSA 07-08
Tuesday, November 18, 2008
Contact: Kristin Schrader
Tel.: (202) 366-9999
http://www.fmcsa.dot.gov/about/news/news-releases/2008/111808.htm

This link is to the Federal Register / Vol. 73, No.224 / Wednesday, November 19,
2008 / Rules and Regulations (69567), in which the final rulemaking process was
completed by the Federal Motor Carrier Safety Administration regarding new hours of
service of drivers (part 395.)
http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/E8-27437-HOS-Final-Rule-11-19-08.pdf

Part 350: Commercial motor carrier safety assistance program
350.333 Guidelines for the State Law and Regulation Compatibility Review
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkKey=09016334800242d9&keyword=355

Part 355: Compatibility of State Laws and regulations effecting interstate motor
carrier operations
355.25 Adopting and enforcing compatible laws and regulations
(a) General.  No State shall have in effect or enforce any State
law or regulation pertaining to commercial motor vehicle safety
in interstate commerce which the
Administrator finds to be incompatible with the provisions
of the Federal Motor Carrier Safety Regulations.

(b) New State Requirements.  No State shall implement
any changes to a law or regulation which makes that or any
other law or regulation incompatible with a provision of
the Federal Motor Carrier Safety Regulations.

(c) Enforcement.  To enforce compliance with this section,
the Administrator will initiate a rulemaking procedure under
part 389 of this subchapter to declare the
incompatible state law or regulation pertaining to
commercial motor vehicle safety unenforceable in interstate commerce.

(d) Waiver of Determination.  Any person (including any State)
may petition for awaiver of a determination made under paragraph
(c) of this section. Such petition will also be considered in a
rulemaking proceeding under part 389. Waivers shall be
granted only upon a satisfactory showing that continued enforcement
of the incompatible State law or regulation is not contrary to the
public interest and is consistent with the safe operation of
commercial motor vehicles.
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkkey=09016334800242e8

The bottom line: We must remain united and continue the true
 brotherhood of trucking.
Together we can and will continue to
 "raise the standards of the trucking industry.

: FMCSA, Frederick Schaffner, SilverSurfer, THe American Driver, truck drivers, trucking, trucking industry, VDOT

FMCSA, Frederick Schaffner, SilverSurfer, THe American Driver, truck drivers, trucking, trucking industry, VDOT

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Truth About Trucking Releases New 2009 Version

Posted by Allen Smith in Audio CD's, Press Release, Truck Driving Jobs, Truth About Trucking Products and Services, otr trucking, truck driving schools, trucking, trucking blogs, trucking companies, trucking life on March 3rd, 2009

The Truth About Trucking eBook has been updated and revised to our new 2009 Version. A new BONUS chapter has been added plus much more valuable information. Now, 111 pages and 4.26 MB …

As you know, as a client of Truth About Trucking, you are always entitled to receive any updates and revised eBooks for FREE!

If you have previously downloaded our product and would like to receive the new 2009 version of the Truth About Trucking, please send an email with details of your previous purchase and we will send the new 2009 revised version to you per email. BE SURE to add us to your email client so we do not end up in your spam blocker!!

Send to: allen@truthabouttrucking.com

Thanks

: eBook 2009 version, revised, trucking, truth about trucking, update

eBook 2009 version, revised, trucking, truth about trucking, update

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The Problem with Trucking Forums

Posted by Allen Smith in Truck Driving Jobs, otr trucking, trucking, trucking blogs on December 31st, 2008

by Allen Smith

Making a career change can be a big step for many of us. For those considering truck driving as a profession, they undoubtedly have an endless list of questions. In this technological world we live in today, the internet plays the major role in finding the answers to these questions. As a student or new driver stepping into the world of trucking, you have probably discovered the many trucking forums that abound through out the internet. However, there are key problems concerning certain trucking forums, that you, as a student or new driver, should keep in mind when using trucking forums as source for information.

Trucking forums are platforms where anyone can go and post comments, opinions, reviews, questions and answers…anything about trucking, trucking companies, truck driving jobs, driving schools or whatever they feel like posting or sharing. For the most part, all one has to do is create an account, log in and begin posting. This is where the major problem with trucking forums may begin.

Why? Because the “anyone” posting to the forums could very well be a recruiter, dispatcher, manager or someone associated with the trucking company that they are posting about. The trucking company could be a bad one, yet you are seeing a great deal of positive comments and reviews about the company, not realizing that the one doing the posting could be a person who has a personal interest in the company.

Another problem that could arise with trucking forums is that you may not be receiving the other side of the story. A driver could place many negative posts about a trucking company, but the driver, not the company, could actually have been the problem. So the driver will go on all the trucking forums placing negative comments, with the sole purpose of “getting even” with the company. The trucking forums are only as good as their moderators are. The moderator being the one who oversees the content being placed on the forum, and filtering out what he or she believes to be suspicious or misleading information.

Several months ago I posted an answer to a students’ question that I found on a forum, and since I was a newcomer to the forum, the little group of drivers who ran the show, so to speak, began “attacking” me. An amazing aspect of this, is that the moderator of the forum…joined in with the “attack.” This only proved to me that this trucking forum had nothing to do with actually helping drivers or newcomers to the industry. Their forum was their little place that they could go and feel important about themselves, but any new “insider” would be immediately blasted for participating. They have no intentions of actually helping to benefit drivers or the industry.

There are some very good trucking forums available. The Truckers Report is an excellent source, as is Trucking Boards. Another one is Trucker to Trucker…all three are excellent in providing truth and attempting to better the trucking industry. As a student or newcomer to trucking, you are looking for the truth…you deserve the truth. Just understand that not all trucking sites and trucking forums are the best resource for trucking information. This is largely due to the fact that many will allow anyone to participate and post whatever comments, reviews, opinions, answers or whatever it is they want to share. Furthermore, they could have another agenda in mind, and many times, it has nothing to do with the truth about trucking.

Trucking still has a long way to go. There are still many problems, lies and scams surrounding over the road trucking. We are seeing some positive changes, but one cannot simply say, “Trucking can be a great career” and leave it at that. For three years now, the first and original, Truth About Trucking, has been fighting to “raise the standards of the trucking industry”. I will not allow myself to sugarcoat the reality of the over the road trucking life. OTR trucking can be a great career or it can be a horrible career. It all depends on finding the right source and honest, truthful information provided through an open and unbiased point of view. So just be careful. The three forums listed above are excellent trucking forums, so be sure and check them out.

An excellent example is that all through out the internet you will read about how great it is to be an owner operator. Done properly, it is great! However, the reality is that 90% of all new owner operators…fail. As you begin your search for a new career, just keep in mind that not all sites and trucking forums are the best source for information. They can allow anyone to post anything they want or they could just have another agenda in mind…and again, it is not always the truth about trucking.

: career change, otr trucking, over the road trucking, owner operators, truck drivers, Truck Driving Jobs, trucking, trucking forums, truth about trucking

career change, otr trucking, over the road trucking, owner operators, truck drivers, Truck Driving Jobs, trucking, trucking forums, truth about trucking

6 Comments

Trucking Life is Focus of New Show

Posted by Allen Smith in Talk Radio Show, Truck Driving Jobs, Trucking Company and Driving School Comments, Woman Truckers, otr trucking, truck driving schools, trucking, trucking blogs, trucking companies, trucking life on November 10th, 2008

Hello everybody . . . I wanted to let you know about a new show on Blog Talk Radio, hosted by 20 year trucking veteran, Larry Stafford out of Arizona. His new show – Independent(R)ealist, will give quick talks to enlighten people on the trucking life, and the many opportunities and challenges of truck driving. He will be broadcasting every Monday at 10:00 AM – MST.

As you know, our main goal here at Ask The Trucker and the Truth About Trucking, is helping to assist students and new drivers with the information they need in order to be successful in a trucking career. Mr. Stafford’s show is another avenue you can utilize to learn more about the in’s and out’s of trucking. Let’s show him our support! Check out the Independent(R)ealist talk radio show…..

If you missed his show today, you can give it a listen right now:

And don’t forget to tune in to our next show on Truth About Trucking “LIVE” – tomorrow – November 11, 2008 at 7:30 PM – EST – when our topic will be : DUI’s, FELONIES and OTHER VIOLATIONS. I’ll talk to you then……

Thanks,

Allen Smith

: blog talk radio, career, independent realist, larry stafford, new driver, students, talk radio, trucking, trucking life, truth about trucking