Archive for category trucking companies

Truckers Sleeper Berth Rule

Posted by Allen Smith in DOT, Jobs and Careers, Safety, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on March 11th, 2010

When it comes to writing the various regulations for professional truckers, it can be quite confusing to say the least. What looks good on paper for some, appears as complete chaos to those responsible for abiding by the rules. The current HOS hours of service rules consist of an “up-dated” version of the former sleeper berth rule for truck drivers. It can be so confusing, that many truckers have simply stopped using this regulation.

The new 8/2 sleeper berth rule came into affect when independent studies showed that a professional driver is more awake and alert after receiving at least eight hours of non-interrupted sleep. The study argued that when drivers lay down in the sleeper for three hours or five hours at a time, and then begin driving again, the human body simply cannot achieve the proper rest needed. Therefore, the old rule was thrown out and the newer 8/2 rule became law. The problem here, is that no consideration was taken that each and every individual is different. While one driver can perform safely with only five hours of sleep, another may need eight or ten hours of rest, while yet another can do just fine with only three hours . . . always based on each of our own biological clock. By grouping all drivers into the same category, the 8/2 hour sleeper berth rule has caused more problems than solutions.

Along with this new rule, many drivers and trucking companies alike, are finding themselves in violation of Federal Regulations by simply quoting the regulations and not fully understanding them. Furthermore, there is every reason to understand why so many are having this problem, based on how the rule is written in the Federal Regulations under Part 395.1 :

(g) Sleeper berths. (1) Property-carrying commercial motor vehicle.— (i) In General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter,

(g)(1)(i)(A) Must, before driving, accumulate

(1) At least 10 consecutive hours off duty;

(2) At least 10 consecutive hours of sleeper-berth time;

(3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or

(4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section;

(g)(1)(i)(B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and

(g)(1)(i)(C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)–(4) of this section; and

(g)(1)(i)(D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours.

(g)(1)(ii) Specific requirements.— The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:

(g)(1)(ii)(A) The term “equivalent of at least 10 consecutive hours off duty” means a period of

(1) At least 8 but less than 10 consecutive hours in a sleeper berth, and

(2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.

(g)(1)(ii)(B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section.

(g)(1)(ii)(C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.

Right . . . that explains everything. The sleeper berth rule has become such a problem for drivers, that many have just stopped using it altogether. Unless you fully understand how it works, this would be the best thing a driver and company could do in order to prevent violations of this kind. I’m no expert on this regulation, but I thought I would try to give a clearer understanding of how this 8/2 sleeper berth rule works, especially for the newcomers to the industry.

The only legal way to split your time in the sleeper, is by using the 8/2 split, divided up in two separate time sections. You can no longer use split times of 7/3, 6/4, 5/5 or so forth. You are still limited to 11 hours of driving within a 14 hour window. I think one misconception that is causing a lot of drivers to go into violation, is thinking that the 8/2 split EXTENDS the 14 hour clock … it does not extend it, it only STOPS the 14 hour clock, and the only part of the split that STOPS the 14 hour clock is the consecutive 8 hours of time in the sleeper.

8/2 Sleeper Berth Rule

Using the two examples above:

On 2-12-10, after you take your 10 hour break, you do the required pre-trip and start driving at 1:15 a.m. You drive for 5 hours and at 6:15 a.m. you go in the sleeper for 2 hours waiting for your appointment time at the receiver. At 8:15 a.m. you go on duty not driving for 2 hours to unload the trailer . . . then at 10:15 am. you go back into the sleeper for the remaining 8 hours . . . So you get your 10 hour break in from 6:15 a.m. to 8:15 a.m. and from 10:15 a.m. to 6:15 p.m. Between these two breaks you did not drive, you only unloaded the trailer between 8:15 a.m. and 10:15 a.m.

At 6:15 p.m., at the end of the 8 hour break, you can now drive for another 11 hours, but you only have 11.75 hours left on the 14 hour clock to do it in, taking into consideration the 15 minute pre-trip inspection. Where drivers are getting in violation, is believing that the 14 hour clock re-started all over again from 6:15 a.m. , where you took your first 2 hour break. Not so . . . because the 2 hours spent unloading the trailer between 8:15 a.m. and 10:15 a.m. DOES NOT STOP THE 14 HOUR CLOCK . . . the only thing that stops the 14 hour clock is a straight 8 hours off, which began at 10:15 a.m.

So, at 6:15 p.m. , when you come out of the sleeper birth from the straight 8 hours, you may be thinking that since you got the 10 hours in, without driving in-between, you now have another 14 hours . . . but the 2 hours spent unloading between 8:15 a.m. and 10:15 a.m,. still counts toward the new 14 hour window that your working towards . . . so, you only have 11.75 hours left out the new 14 to run another 11 hours if you want to.

So the next day, on 2-13-10, you complete a straight 11 hours of driving. In this example, you go off duty from 5:30 a.m. to 3:30 p.m., taking the full 10 hours of required time off. Naturally, you have another 14 hour window and you do the required pre-trip and drive until 8:45 p.m., take two hours in the sleeper from 8:45 p.m. to 10:45 p.m., and at 10:45 p.m., basically starting the whole 8/2 process all over again.

There are many variables to utilizing the 8/2 sleeper berth rule and this is just one example. Team drivers can use the concept as well, as long as they fully understand that the drivers’ logbooks must match each other, thus the term “team.”

The main concept to remember is that, technically, there is no extending the 14 hour clock . . . only stopping it. Also, the two hours spent in the sleeper for the 8/2 rule does not stop the clock. Only the eight hours of consecutive time spent in the sleeper will stop the 14 hour clock.

: 8/2 sleeper berth rule, drivers logbooks, hos rules, sleeper berth, Truckers, trucking

8/2 sleeper berth rule, drivers logbooks, hos rules, sleeper berth, Truckers, trucking

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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 presented: 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. If you missed the “live” show catch it now:

: 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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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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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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Truck Driving Jobs Employment

Posted by Allen Smith in Talk Radio Show, Truck Driving Jobs, otr trucking, truck driving schools, trucking, trucking companies, trucking life on January 30th, 2010

With many trucking companies still on a hiring freeze, many truck drivers are out of work and unable to find employment. Many have filled out the on-line application forms which are electronically sent to hundreds of trucking companies across the United States, but have still found that finding a truck driving job in today’s market can be more than difficult. It’s not because there are no companies hiring, but the way you may be going about trying to find a trucking job. Most often, your only means of looking for a driver job is through these on-line submit forms or filling out applications that never return a response. There is a better way.

James McCormack is founder of Trucking Careers of America, a staffing and career advisory company that works for you . . . not the trucking companies . . . in getting you back in the driver’s seat. CDL students, recent school graduates and veteran drivers alike, Trucking Careers of America has been getting drivers back to work for nearly ten years. Furthermore, the best part about their services? There is never a fee . . .

Mr. McCormack and his staff works in your best interest in providing the help needed in getting back to work as a professional truck driver. Specializing in four critical areas, they can assist:

CDL students
Recent CDL graduates
Those who are in need of a refresher course and
Experienced drivers.

Trucking Careers of America can help get you that trucking driving job. If you’re having trouble getting hired, and as long as you can pass the DOT physical, have a good and verifiable background, MVR, DAC Report, etc., visit Trucking Careers of America today, fill out their application and let Mr. McCormack and his staff start working for you in getting you back on the road.

James McCormack was our special guest on Truth About Trucking “LIVE” talk radio, Wednesday, February, 3rd, 2010 at 7 PM EST:

Truck Driving Jobs Employment

“Are you a CDL student, CDL graduate or even experienced truck driver unable to find a truck driving job ? Allen welcomes James McCormack to the show. As founder of Trucking Careers of America, they are dedicated to working for you and not for the trucking companies. Never a fee for their services, Mr. McCormack will take your questions and explain how Trucking Careers of America can get you hired and back in the driver seat.”

One of the most important shows of the year, if you missed it live, you can listen now and learn how Trucking Careers of America can get you back to work as a professional driver.

: cdl students, driver employment, employment, find truck driving job, James McCormack, trucking careers of america, trucking driving jobs, trucking jobs, trucking talk radio

cdl students, driver employment, employment, find truck driving job, James McCormack, trucking careers of america, trucking driving jobs, trucking jobs, trucking talk radio

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CSA2010 Severity and Point System Safety Rating for Truck Drivers

Posted by Allen Smith in DOT, Jobs and Careers, Politics, Safety, Talk Radio Show, Truck Driving Jobs, otr trucking, trucking, trucking companies on January 22nd, 2010

The purpose of the CSA2010 initiative (Comprehensive Safety Analysis) is to “develop more effective and efficient methods for FMCSA, together with industry and state partners, to achieve its mission of reducing commercial motor vehicle crashes, fatalities, and injuries.” Basically, a new, updated “system” to increase the safety rating among truck drivers and motor carriers. Under the new system, both carrier and driver will be assessed points for their safety performances. Upon reaching the maximum points allowed, the driver or motor carrier will be in violation of the new CSA2010.

As a follow up from our previous post: CSA2010 and DAC report to cause more lost jobs for American truckers, violations by drivers and carriers will be taken by SafeStat and stored in a DataBase. This information is from the D.O.T roadside inspections. Upon its implementation, drivers will receive a score according to a three year look back of this information within the DataBase. If their total point score is at the maximum level, current drivers and companies could immediately be in violation and placed out of service and/or terminated.

This is why the FMCSA, itself, has projected that 175,000 drivers could lose their jobs as soon as CSA2010 is implemented. Furthermore, they project that 47.9% of the U. S. trucking companies could fail.

Drivers will also face a level of severity rating system that will be assessed under the new initiative, scheduled to be implemented in July, 2010. Based on the violation, drivers will be given a severity rating between 1-10, with 10 being the highest. This rating will then be used in a mathematical formula to determine the total points against the driver, which in turn, will determine if the driver has reached the maximum number of points allowed by CSA2010. The actual limit of points a driver or carrier can reach before being in violation, is yet to be known . . . at least, I have not been able to locate it.

However, the level of severity rating system is quite disturbing. Keeping in mind that severity will be rated between levels 1-10, with 10 being the highest, here are a few examples of what severity level rating a driver will be assessed for several violations:

Violate a state or local ordinance or regulation: Level 1
Violate hours of service : Level 7
Operate a CMV with inoperative headlight/tail light: Level 6
Violate that a load is not secured : Level 10
Operate a CMV while ill or fatigued : Level 10
Operate a CMV with a leaky tire : Level 8
Operate while DUI : Level 10

So as drivers, you must understand that if you do your pre-trip inspection and everything is fine and good to go, and you drive 50 miles and catch a nail in the tire and DOT pulls you over and discovers the leaky tire . . . you will be hit with a Level 8 severity rating. Still, the total number of points allowed before being punished by CSA2010, has not yet been determined by myself . . . I have not been given the answer to this question by anyone else either.

In the case of CSA2010, time is on your side as a professional driver. The algebraic equation to be used to determine the total points against drivers from the road side inspections varies between the different measures within the system. Basically, it is determined by taking the total time and severity level ratings/violations, divided by the number of time relevant roadside inspections. All clear now?

This means that severity levels and points can reduce over time. If you get hit with a Level 8 for a leaky tire, but do not have another violation for six months, when the calculation is performed to determine your points, the points will go down due to the length of time that has passed between the two violations. This is why I say that time really is on your side.

As this information for the DataBase is being put together, none has been released to the trucking companies or truck drivers. However, the information is available to drivers right now. The Freedom of Information Act (5 U.S.C. 552) establishes a presumption that records in the possession of agencies and departments of the Executive Branch of the U. S. Government are available to the public.

A driver can file a Freedom of Information request to the FMCSA to receive this information being created as a result of CSA2010. To submit your request, you must do the following:

Make your request in writing and include your name, address and phone number where you can be reached if they (FMCSA) needs to contact you.
Clearly indicate that you are making your request under the Freedom of Information Act.
The request must reasonably and specifically describe the documents you are seeking.
When requesting documents on a specific motor carrier, include the carrier’s name and principal place of business, or their DOT number.

Submit your request to:

Federal Motor Carrier Safety Administration

Attn: FOIA, Team MC-MMI

1200 New Jersey Avenue SE

Washington, DC 20590

Contact the FOIA Public Liaison, ONLY after you have received your documents from the FOIA office, if you have any questions or concerns about the information shown. This contact information is:

FMCSA Public Liaison

Duane DeBruyne

202-366-9999

Another important note, is that the information for the DataBase is currently from SafeStat. However, once CSA2010 is enforced, the DataBase will be handled by NIC Technologies out of Olathe, Kansas. NIC was awarded the contract by the Federal Department of Transportation for the National Motor Carrier Pre-Employment Screening System. You can read the News Release . . .

Once NIC takes over, drivers information reports showing your driver score, will cost $10 and trucking companies will also have to pay the $10 fee. Also, companies do not have to share this information with the driver. If not, you will have to pay the ten dollar fee to receive the information that has been collected on you.

Furthermore, it is being reported that there is no way to challenge false information on this report. This is not true. Drivers can contest wrong information on their reports by using the FMCSA’s DataQs system. You must first register from the DataQs home page by selecting “register on-line” as a general public user and create a DataQs account profile. Once registered, drivers will be able to challenge his or her data by following the detailed instructions in the “Help” menu. Once NIC takes over the DataBase, you will not be able to challenge the false information through FMCSA’s system. NIC reportedly will provide a means of allowing drivers to contest the information, but currently they have not established how they will provide this service.

This information is not well known, so I hope this assists drivers in the dispute process towards this new point rating system data.

On Thursday, January 21st, 2010 our talk radio show, Truth About Trucking “LIVE” aired a 90 minute open discussion on important issues facing drivers and the trucking industry. CSA2010 was clearly the leader.

The show had many on-line listeners from their phones, through the internet and a good participating audience in the provided chat room. Mike Rone of RMR Consultants and Jimmy Sills, a CSA2010 specialist, called into the show to share their knowledge of CSA2010. Furthermore, Mr. Rone stated that DAC Services will have nothing to do with the CSA2010 initiative and that this is false information being told to drivers by their companies. The three year look back on drivers records, will come from the roadside inspections performed by D.O.T.

If you missed the show and you find 90 minutes to spare, you can listen to the information shared:

We will keep you posted on CSA2010, and the other important issues facing the trucking industry.

: CSA 2010, csa2010, NIC Technologies, point system, Safestat, truck drivers safety rating

CSA 2010, csa2010, NIC Technologies, point system, Safestat, truck drivers safety rating

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CSA2010 and DAC Report to Cause More Lost Jobs for American Truckers

Posted by Allen Smith in Politics, Safety, Talk Radio Show, dac report, otr trucking, trucking, trucking companies on January 18th, 2010

Thousands of truckers in the United States lost their jobs in 2009. With the economy not getting any better and nothing on the horizon to suggest that it will, are American truckers being set up for employment termination for 2010? Is the proposed program, CSA2010 and the truck driver’s DAC Report combining forces to weed out thousands of experienced, higher paid drivers to bring in new drivers at a much lower pay scale? Are we preparing for an influx of new foreign drivers into the United States market by opening the Mexican border which would allow the trucking companies to move our freight at a much lower pay rate for drivers? Is this an economic attack against American drivers? Many believe that it is. One trucking company has stated that FMCSA expects 175,000 driver jobs will be lost when CSA2010 is implemented.

Working very quietly in the background, it has been reported that several trucking companies are having safety meetings telling some drivers that the FMCSA is planning to do a three year background check on all truck drivers DAC Report, state and company records. Based on the information found, the driver will be given a point rating. Drivers found to have three or more violations of any kind will be given an unfair rating and the trucking company will be forced to terminate the driver from their employment. A point can be assessed against the driver in relation to the proposed BMI (body mass index) of the driver and the other related point scale within the new CSA2010 regulations. It is our understanding that this data collection against American truckers will be complete by July, 2010. Furthermore, the large majority of this data will be provided by DAC Services, the corrupt agency which allows false information to remain on drivers reports.

Several months ago I mentioned this scenario to Donna, but never publicly announced it. Now, I am hearing the same concerns from others within the industry: “Is DAC Services and CSA2010 working together to force experienced, hire paid drivers out . . . to bring in drivers that can be paid at a lower rate?”

Will the Government now hold drivers responsible for operating poorly maintained company equipment? Will drivers be assessed violation points if their body weight is more than what the Government says it should be? Is the FMCSA going to take the word of HireRight DAC Trucking Services?

Is this a Governmental attack against American truck drivers to make room for lower paid, foreign drivers?

What do you believe is going on with CSA2010 and the DAC services?

Be sure to tune in to Truth About Trucking “LIVE” talk radio, Thursday, January 21st, 2010 at 7 PM EST for our Trucking Topics Open Discussion.

With the near destruction of the U. S. manufacturing industry and auto dealers going out of business on a near daily basis, the trucking industry is one of the largest sector of industry on the planet. Is this a way to ensure its survival?

Would the U. S. Government really do such a thing, or is this another “conspiracy theory?”

Open lines on Blog Talk Radio’s premier trucking talk show . . . Post your comments here . . .

Read our updated post at: CSA2010 Severity and Point System Safety Rating for Truck Drivers