Trucking Advocate and Activist Allen Smith of TruthAboutTrucking.com : Articles Current News and Information for CDL Truck Drivers and Truck Driving Students…"Raising the Standards of the Trucking Industry"
An Alabama trucking company has been shut down after one of its drivers crashed into a van in March, killing 10 people in the van, many of whom had Lancaster County connections. Killed in the crash on a Kentucky highway were eight members of the John and Sadie Esh family, along with two family friends. The tractor-trailer truck driver was also killed.
The only survivors of the crash were two little boys, ages 3 and 5, who were grandsons of the Eshes.
Both John and Sadie Esh, who were Mennonite, were from large Amish families and had many relatives in Lancaster County.
The Federal Motor Carrier Safety Administration ordered Hester Inc., of Fayette, Ala., to cease operations after failing to correct “critical” violations, including allowing drivers to operate trucks longer than allowed by law.
The order was issued in June, but was released to The Courier-Journal on Wednesday after the newspaper requested it through the Freedom of Information Act. Scott Hester, the owner of the company, declined to comment to the newspaper.
Truck driver Kenneth Laymon went across the median on I-65 near Munfordville on March 26, striking a van carrying the Esh family and their friends, who were traveling to a wedding in Iowa.
Successful truck owner operators and trucking fleets understand the importance of saving every dollar wherever possible. Most owner operators will fail due to not running their business as a business. Truck drivers who do succeed in their own trucking business will know where every penny goes and are constantly discovering ways to lower their costs and raise their profits. Squeezing even one more gallon per mile out of every tank full can lead to a big savings.
Truckers are no strangers to fuel additives, with several brands available on the market. A gas and diesel fuel treatment, recently opened to the public and catching the attention of many drivers is the XTREME fuel treatment. Used in large industrial operations for years, it has now become available to the general public. After being contacted by Mike Garcia of diesel treatment, I agreed to test the Xtreme additive on my own to see how and if it really worked.
Over a seventeen day period, I recorded the miles driven and gallon fill-ups, with the average miles per gallon per tank full. The first five days were operated normally with no Xtreme added, in order to clarify the current MPG average. For the next five days, Xtreme was added with those results being recorded as well. The final seven days included running without the Xtreme fuel treatment, in order for the treatment to work itself out of the system and see what the MPG results would conclude.
Within the first 24 hours, the first noticeable aspect was that the engine ran much quieter and smoother. Once the Xtreme was added, you can see an increase in the MPG performance with each passing day. Once the Xtreme started working itself out of the system, you will note that the MPG average began dropping. The average MPG reading of 5.78 was listed on the first day of testing, August 1st, 2010. By the tenth day of August, having started the treatment on 08/06/10, the MPG reading came in at 8.07 MPG. Having to end the testing on this date, I was unable to actually see what reading the MPG average would have plateaued.
With an average MPG of 6.5, the Xtreme fuel treatment had reached an 8.07 reading, resulting in a 1.57 MPG increase. With two 100 gallon tanks, this would result in a 314 miles per tank increase. As of August 30th, 2010, the U.S. average for diesel was $2.989 per gallon, which would result in a $116.00 savings per tank full. Having achieved these results with only a five day treatment, I plan to do further testing over a six week period.
Like the movie with the same name, is the perfect storm brewing for the U. S. trucking industry? With the possibility of more than a quarter of a million truck drivers facing termination from their driving careers from the CSA 2010 initiative, coupled with the talk of changing the current HOS rules, is there a a catastrophic event heading straight toward professional drivers and trucking companies alike?
The hours of service rule for truck drivers could be looking at losing two hours of driving time, along with doing away with the 34 hour restart rule. The ATA and company CEO’s fear that these two aspects combined will reduce productivity among drivers. ATA Chairman, Tommy Hodges stated that the CSA 2010 will be a “free agency for drivers.” He went on to say, “a driver that knows he’s got a good record, he knows how to abide by the rules, and he knows and understands his value to your company, (is) going to come in and say, ‘look at my score, you’re going to pay me 50 cents a mile or I’m going to go to XYZ,’ and he will.” He went on to comment that productivity loss could be as high as 18 percent if the changes are indeed made.
No doubt that losing two hours of driving time and the 34 hour restart will change the way trucking companies operate, but could not adding additional time for rest also increase productivity by eliminating much of the “pushing of drivers” to run further and harder? The industry sees the loss of revenue coming by not being able to push their drivers beyond their physical and mental limits in order to get the freight delivered and move on to the next load. Are the industry leaders more concerned with the loss of dollars than the safety of their drivers?
Truck drivers operated under the former set of HOS rules for years and did just fine.The new HOS rules, if they occur, will basically return nearly as they were before.Is the industry fearful of losing their ability to push their drivers’ work loads, or more afraid of the good, safe and professional drivers gaining more control over their own careers?
Truck drivers across the country have been called on by Chapter 61 ministries to be the eyes and ears for the human trafficking crisis in America. The partnership between the Transport for Christ and Chapter 61 organizations, the Truckers Against Trafficking, along with many others, have led to a much greater awareness of this problem, not only in the United States but abroad. Recent headline news is focusing on this $32 billion a year business, which destroys countless lives and enslaves its victims . . . the majority of whom are women and children:
These are just a few of the most recent cases involving human trafficking. Most Americans are aware of the problem in Asia and Africa, but are oblivious to that fact that it is big business here in the United States. Chapter 61 ministries will be presenting another set of online informational webinars in September, 2010.
All webinars will begin at 9 p.m. EDT. Because members of the trucking and travel plaza industry represent the eyes and ears of America on those highways, they can play a critical part in fighting this crime and those who perpetrate it. They simply need to know what to look for, what questions to ask and what steps to take.
If you would like to participate, you can sign up by clicking on one of the following dates that you wish to attend:
Often truck drivers can find themselves in trouble when it comes to the required DOT medical drug screen. A legal, prescribed drug from your family physician can lead to termination from the trucking company if you fail to follow the correct procedure. Many times in the trucking industry, problems that arise that can cause a driver to lose his or her job could have been avoided.
The DOT drug screen looks for the use of a Schedule 1 drugs : amphetamine, narcotic or any other habit forming drug that is not legally permitted. They also check for the usage of illegal narcotic drugs including marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP). Very often, drivers who have received a legal prescription from their doctor fail to understand that this information should be provided to the motor carrier, especially when facing a DOT physical or drug screening. Most importantly, the information must be provided to the medical examiner before the screening takes place.
As an example, often truck drivers can be given a legal prescription for Lortab which is a combination of a narcotic painkiller and cough reliever with a non-narcotic painkiller for the relief of moderate to moderately severe pain. Since it contains hydrocodone, the hydrocodone is a narcotic, which is one of the things they look for from a DOT drug test. Therefore, if the driver fails to tell the company or medical examiner about the Lortab, the drug test will come back as a flagged and failed screening.
Most truckers understand that this type of prescription, though legal, contains a narcotic. By telling the trucking company that they are on this drug or others like it, they face the possibility of their employer telling them to take the two or three weeks off until they are better . . . or however long their doctor has prescribed the medication. This simply is not worth the chance of losing your job. If you are called to take a random drug test . . . you will now find yourself in a tough situation.
I am hearing more from drivers who have found themselves in this position. Don’t take the chance. Random drug tests could become more random in the future. If you have to be on a prescribed narcotic . . . tell your company immediately. It’s better to follow company policy and be told to take the required time off, than it is to be terminated for not following the correct procedure.
How serious is the FMCSA’s CSA 2010 for truck drivers and trucking companies? While many truckers and trucking companies have taken a “wait and see” attitude, Rickey Gooch of PrePaid Legal Services, Inc., and Justice for Truckers, continues to address the seriousness of this new safety initiative.
Mr. Gooch was our special guest on Truth About Trucking “LIVE” talk radio, on Thursday, August 12th, 2010.
The discussion took a more in-depth look into the CSA 2010 and why he sees it as the most serious law to ever hit the trucking industry, with the intentions of the FMCSA being to “absolutely remove drivers from the industry.”
Did you miss the live broadcast? Not a problem . . . catch it from our show archives, or right here :
Truth About Trucking “LIVE” talk radio show discussed the safety and health concerns that truck drivers face with the no idle law, on Thursday, July 29th, 2010.
Rules and policy makers suggest that professional truckers can simply “plug in” at the truck stops or get a motel room . . . the problem, however, is that the majority of truck stops across America do not have plug in locations and those that do charge a fee which comes out of the drivers’ own pocket. Furthermore, the reason semi tractors have a sleeper, is so the driver does not have to obtain a motel room . . . which, by the way, also would come out of their pocket.
Theno idle law is being pushed by the Smart Way EPA program and many trucking companies are beginning to instigate their own policies on this issue, placing all of the burden and expense on the truck driver. Is it really all about the green movement and protecting the environment, or is it more about greed?
Any driver who has been driving long enough has experienced the ordeal of spending a night in the sleeper birth with no air or heat until they could get to a repair shop and have the problem fixed. Try sleeping in 100 degree heat or -25 below zero, without the proper comfort devices . . . at the same time, truck drivers are expected to get the rest and sleep needed . . . after all, this year has been declared as the “Year of Safety,” right?
Some drivers have pointed to an amendment to the no idle law which allows the truck to idle if the driver has a pet in the cab of the truck with them. Perhaps this is the way for truck drivers to get around this law? It is OK for the driver to suffer in immense heat or cold, but for an animal . . . absolutely not! However, this may not be the case in all states. California, for instance, has stated that as of January 1st, 2009, that a driver can no longer use a pet for an excuse to idle.
All of the shows are archived, or in case you missed it . . . you can catch it here:
The July, 2010 edition of Truckers News has a great article by Carolyn Magner and Misty Bell about the generation gap between the modern day truck drivers. Looking at trucking through the eyes of veteran road warriors versus the “newbie” truck driver, the article, “Clash of the Generations” gives an insight into how the two generations of truckers see each other.
The article also made me think about how long haul trucking has changed through the years and how this generation gap plays into the factor of any sort of truck driver shortage. Although there is no such thing as a truck driver shortage, the Truckers News article unknowingly touches on another facet of this newer face of trucking, one which trucking companies would be wise to pay attention to.
As with any new and upcoming generation, changes are expected to be made. The newer generation of workers today are more apt to get a college degree than prior, older generations that grew up in the belief of a blue-collar work force era. In relation to trucking, many of the newer young guns of the highways reject the fact that a professional truck driver must live out on the road for months on end. This is one reason trucking companies tend to experience a more difficult task of retaining truck drivers in their employment. In years past, the old dogs of trucking accepted the quality of life for truck drivers. As with any newer generation that is set in their own way of thinking, this quality of life will have to change in order to meet the newer demands of today’s younger drivers.
For the trucking industry to continue down the same old path of years past, they will discover that times are changing, like it or not. Many are beginning to understand that the old school of OTR trucking is just not cutting it with a newer generation of truckers. Some trucking companies are working to build more of a regional operation to meet the wants and demands of theseyoung guns. For those companies who choose to stick to the old way of doing things, they will continue to fight the constant battle of truck driver retention.
Due to the hardships of the long haul trucker lifestyle, American truckers life expectancy drops by 15 years, compared to the rest of the work force. Many of the up and coming newbie drivers believe that their quality of life and having a life, is more important than running themselves into the ground for an industry that shows no care or remorse for doing so.
Even as I write, veteran truck drivers are struggling with paying their bills and keeping food on the table for their families . . . many owner operators caught in the company lease programs are not getting enough miles to meet their truck payment . . . professional truckers face newer and tougher regulations, always aiming at their pocketbooks . . . and recent CDL graduates are running all 48 states for as little as .13 cents per mile. This is the old school . . .
Perhaps the newer breed of young guns truckers have it right . . . work smarter, not harder and still have a life to enjoy.
The last year for the professional truck driver has been filled with many challenges. The recession has caused many drivers to take a significant cut in pay, drivers still endure negative retaliatory DAC comments by former employers, “fleecing” scams still exist, owner operators maintain their struggle with high fuel costs, HOS rules that cause conflict with shipper and receiver appointment times (creating fatigue from lack of sleep), the talk of new DOT medical requirements, and lets not forget CSA 2010, which has the entire industry buzzing.
With all these issues to contend with, I find none more inhumane than the “no idle” and “limited idle” laws and rules which are being enforced for large trucks by either the states or the trucking companies. These regulations are disguised as “being green” and “environmentally friendly,” attracting praise and recognition from the general public towards the trucking companies who voluntarily enforce them.
These trucking companies are more than happy to enforce such idling regulations, as it not only gives a positive recognition from the general public and the conscientious “go green” advocates, but it also creates a larger profit and bottom line. How perfect is that?
Trucking companies are so concerned with the environment that they have teamed up with the Smart way EPA program, creating their own strict limited idling rules for their drivers. This program gives awards to companies that are most compliant and “eco friendly”, and many times you will see these company trucks proudly displaying their partnership with Smart Way, sharing their enthusiasm for caring for “Mother Earth” and fuel conservation….But here comes the truth….the other side of the coin.
What the general public doesn’t realize is that by carriers creating limited idling rules, truck drivers health and safety is being placed in harms way. I don’t need to tell you what it feels like to be in your vehicle when it is either extremely cold or hot. Many of us turn on the ignition and cannot even wait the 5 minutes that it takes for the air or heater to work, and yet these laws and “carrier idle driver rules” are being enforced against their drivers, expecting them to sleep in 90+ degrees and sub-freezing temperatures without air or heat.
There are some companies that have trucks with an APU ( Auxiliary Power Unit) on board for their drivers, but not all companies and not all of their trucks. If you think about it, why would they? The APU’s are too expensive. After all, they do not have to sleep in these inhumane temperatures, right? It is only the dog sleeping in there, I mean the driver . . . wait, I forgot, you are not allowed to have an animal in the truck under those conditions . . . drivers ok, pets not ok . . . what’s wrong with this picture?
Many of the Smart Way Partners are winning awards for being the “best ” in compliance ( SMART WAY EPA AWARDS), by forcing their drivers to abide by limited idle rules so they can receive and be recognized for their gallant efforts towards improving the environment and conserving fuel. Yet, they are risking the health and safety of their driver employees.
So the next time you see a truck proudly displaying their Smart Way Partnership, give them a call and ask them what percentage of their trucks have an APU for their drivers, ensuring their drivers’ health and safety? It is just another way of asking them, ” Do you treat your drivers humanely?”
Many others within the trucking industry are concerned about this limited and “no idle” enforcement. Here’s another post by TruckerDesiree of RealWomenInTrucking who has also written in detail about it.
Also Rhianna Weir, the Madison Trucking Examiner, has an interesting challenge for those of you who may or may not believe just how serious a problem this is.
The article explains new rules in the state of North Carolina: The North Carolina Environmental Management Commission now requires that operators of heavy-duty trucks refrain from idling their engines. I wrote a lengthy response to the article, however, it was not posted, so I’ll post my response here.
Response 7/17/10 by Allen Smith
“I find it always amazing that those who wish to appear to be advocates of various causes or missions, will often do so at the sacrifice and expense of others, not to mention the total lack of respect and the disregard of another human life.
I wonder if Sheila Holman would be quite as emphatic and passionate about her remark, “Exhaust from idling trucks is a significant source of air pollution that we can’t ignore,” … “The idle rule will help improve air quality while conserving large amounts of fuel”, if she or her family and friends were the recipients of the sacrifices required to reach these goals. In other words, I would like to know how she would feel if she and her children were made to sleep in a 100 degree closed truck ( 60 days consecutively) and then be expected to work a 14 hour day, driving 80,000 pounds down the highway safely and alertly.
Tell me Ms. Holman, would you be quite as worried about the air quality or saving fuel then? Answer: I DOUBT IT. How easy it is though, for Sheila Holman, National director of the NC division of Air Quality, to so boldly, proudly and confidently share this air quality improvement solution with so many, accepting applause and recognition for doing such a marvelous and sacrificial job as she rides off in her air conditioned car and sleeps in her air conditioned home.
My suggestion to her is that if she truly believes this is the way to improve air quality, then she should request that herself, her staff, her family and friends, refrain from turning on the air at night, so they may also share in this much needed conservation and sacrifice.
Now, as far as the other statements:
“The EMC points out that some truck stops have power connections, so truckers can plug in their rigs and not have to idle the engine to keep warm or cool. The release also points out that a truck can have more than one source of power installed.”
Let’s start with the “some stops have power connections”. Well EMC, that means that “some do not. It also means that the driver pays for that, not the trucking company. . . Which brings up another fact that the general public should be aware of . . . drivers continually survive on limited wages, which by the way, the trucking companies have significantly reduced further because of the recent economic recession. Many of these drivers are new drivers, receiving sometimes as low as 18 cents per mile (between 200-400 dollars per week, depending on how many miles they drive). Figuring that many send home most of this to their families, how much do you feel they would be able to spend keeping themselves cool or warm, depending on the weather? I doubt many can even afford the 10-15 dollars per night for these luxuries of heat and warmth, let alone a motel room, which some extremely ignorant and naive folks have even suggested.
Let’s move on to the APU units which would solve all the idle problems, right? Well yes they would, in a perfect world that is. Company drivers have no authority over this. The Carrier decides whether or not they want to place APU’s in their trucks in order to accommodate their drivers health and comfort. MOST DO NOT!! Yet, many of these companies are receiving awards for their “green efforts” again, on the backs and sacrifices of others while they themselves enjoy the comforts and luxuries of daily life.
I will end with this: It is this kind of inhumane thinking and treatment which contributes to the former 128% turnover rate of drivers as an ongoing problem. Many people do not stay in trucking, or bounce from company to company, hoping to find a “good company”. What is ironic, is that they define good as one which will not exploit or abuse them.
What keeps the trucking industry moving is the continuous influx of new drivers, those who do not know that they will be treated badly because they have been told the sugar coated “happily ever after” recruitment story. Many of these drivers leave the industry, and so the truck driver turnover rate continues. One day, drivers may get fed up . . . and God help us all if that happens. Think about it, and then be concerned: No food, medicine, NOTHING!
What’s the saying? “Don’t look a gift horse in the mouth.” Furthermore, stop telling truck drivers want they can or should do, until you have lived their life.
Is the DAC Report unconstitutional? The first ten amendments of the Constitution, which make up the Bill of Rights, include the amendment which requires that all citizens be provided with due process when either being accused of a crime or being penalized by another party for a civil matter. The Bill of Rights were seen as such importance, that George Mason refused to sign until these rights were included.
Explaining his refusal to sign, Mason wrote: “There is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declarations of Rights in the separate States are no security. Nor are the people secured even in the enjoyment of the benefit of the common law.” To paraphrase it in simple terms: every American citizen has the right to due process of law when accused or penalized by a separate party.
Yet, countless numbers of professional truck drivers are penalized by trucking companies through the false claims reported on their DAC Report. The large majority of these truckers are caught in a situation where proving their case is impossible. False DAC Reporting has been going on for years with trucking organizations and associations recognizing the problem, but doing nothing to stop it:
“It’s not right that companies can destroy a driver’s driving record and stop them from ever getting a driving job again.”
“I quit Swift Transportation back in 07. Took my truck back to the Richmond terminal because I was basically paying them to drive. I was lucky I had some savings to fall back on while driving for this company. Anyhow, I cleared my truck and resigned at the terminal and I got a “NO SHOW” on my DAC.”
“I have seen it happen many times and I fully support this petition to stop the abuse that companies and DAC Services have been allowed to exercise for far too long.”
“I am an ex-FED DOT Agent and I witnessed first hand how many drivers would come into our office requesting we help them. They were not able to aquire employment because there was bad information in their reports. I do believe this method is unfair and unjust to many a good driver.”
“My DAC now has False Information from US Xpress. I went to orientation and on the 5 th day they let me go over the phone without giving me a reason why they were not hiring me. I lived in Denver, Co. and they paid for me to go to Ca. for this. My DAC shows I worked for them and I Quit and was dismissed. This is False information that US Xpress has reported on my DAC.’
“Simply being accused on a DAC is enough to make getting hired virtually impossible.”
Our Stop False DAC Reporting petition is at 1,462 signatures and growing. If the petition does nothing more than the continuance of showing how trucking companies retaliate against truckers, then I will continue to post the experiences drivers are facing with this abuse by the industry:
“As someone who has been in Human Resources for a few decades, I find it hard to believe that DAC is allowed to exist. See, if Sally Sue applies at a local office and is hired, then she is protected under federal and state laws that govern what work related issues or job performance issues can be disclosed to others. Many employee rights and privacy issues are in play. If Sally Sue fails to show up for work or leaves early, if she steals office supplies, if she shoots her boss even, it can not be disclosed by the company to others she may choose to apply with or work for. DAC violates all employee rights to privacy. If I were a driver and worked for one of these dirt bags that put ANYTHING derogatory on my DAC I would sue for slander and then retire rich. It is not a legal system under employment laws in most states, nor is it completely legal under many federal rights to privacy.”
“JB Hunt is the worst for reports for DAC. False information, at fault accidents that are not in a vehicle, logbook errors. All BS.”
“CRST shows terminated when I quit with notice and not under a load. Truck went to new driver ( no abandonment).”
You can read all the comments from the signers of the petition and see what these trucking companies are doing to our men and women of trucking. Until DAC is shut down, you can contact the Truckers Justice Center which has been fighting for truckers rights for twenty years. Truckers Justice Center specializes in helping drivers with the removal of false information on their DAC reports. Their website states:
“(HireRight) maintains employment files (called DAC reports) on all commercial drivers that include accident records, drug testing reports and eligibility for rehire information from all previous employers. There are MANY incorrect reports in DAC files. Companies will put outright lies into DAC reports as retaliation against drivers. (HireRight) is a consumer reporting agency, which means you have a right to see the information kept in these reports and you have the right to correct the information under the Fair Credit Reporting Act. The Truckers Justice Center can help you correct your DAC reports.”
So the question remains: is the DAC Report unconstitutional? For the answer, I turned to Attorney Paul Taylor and this is what he said:
“The Bill of Rights applies to Government action, not private actions of motor carriers and consumer-reporting agencies. As far as the DAC Report is concerned, they are definitely constitutional.”
Five years ago I started Truth About Trucking, the first to publicly expose the abuses and injustices that many truck drivers face within the long haul trucking industry. Going public, we exposed the:
Turning over student drivers as a means of cheap labor
Abuses by the “starter” trucking companies . . . and much more.
These were all the little insider secrets of the trucking industry that nobody was publicly sharing. It was time to change that. It was time that CDL students and new drivers understood what they could be facing when looking at OTR trucking as a career.
There are many good and decent trucking companies, but there are more that are not so good. Understanding the trials you will face when first starting out in trucking and knowing what to do after you “pay your dues” in this industry, is the foundation that Truth About Trucking stands on . . . to “Raise the standards of the trucking industry.”
Trucking companies continue to retaliate against drivers through the use of the abusive DAC system? Then I’ll keep posting . . .
: alabama, FMCSA, hours of violations, lancaster, online, shut down, trucking company
