Archive for category Politics
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:
© 2010, AskTheTrucker. All rights reserved.
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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
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
© 2010, AskTheTrucker. All rights reserved.
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Remembering Trucker Jason Rivenburg
Posted by Allen Smith in Politics, Safety, trucking, trucking life on March 4th, 2010
March 5th, 2010
Friday, March 5th, 2010 will mark the one year anniversary of the death of fellow truck driver, Jason Rivenburg. Killed by a gunman for a measly $7.00, Jason had pulled into an abandoned gas station to park his truck, due to the lack of parking in the area for commercial vehicles. Leaving behind a wife and two year old son, Hope Rivenburg also gave birth to twins shortly after Jason’s death. Although Jason Rivenburg was not the first professional truck driver to have their life taken away from them due to a lack of safe and secure parking areas, Hope Rivenburg set out on a mission to make certain no other driver would fall victim to such a meaningless crime.
With the support of so many, including New York Congressman Paul Tonko, they introduced a bill into legislation that would provide the safe parking areas that are needed by commercial truck drivers: House Bill H. R. 2156 . . . Jason’s Law. At present, the Jason’s Law Petition has received 9,188 signatures and the support of thirty three sponsors:
- Rep. Jason Altmire [D, PA-4]
- Rep. Michael Arcuri [D, NY-24]
- Rep. Joe Baca [D, CA-43]
- Rep. Brian Baird [D, WA-3]
- Rep. Tammy Baldwin [D, WI-2]
- Rep. John Boccieri [D, OH-16]
- Rep. Henry Brown [R, SC-1]
- Rep. Russ Carnahan [D, MO-3]
- Rep. Steve Cohen [D, TN-9]
- Rep. Bob Filner [D, CA-51]
- Rep. John Hall [D, NY-19]
- Rep. Maurice Hinchey [D, NY-22]
- Rep. Steve Israel [D, NY-2]
- Rep. Steve Kagen [D, WI-8]
- Rep. Carolyn Maloney [D, NY-14]
- Rep. Betsy Markey [D, CO-4]
- Rep. James McGovern [D, MA-3]
- Rep. Michael Michaud [D, ME-2]
- Rep. Christopher Murphy [D, CT-5]
- Rep. Jerrold Nadler [D, NY-8]
- Rep. Erik Paulsen [R, MN-3]
- Rep. Thomas Perriello [D, VA-5]
- Rep. Laura Richardson [D, CA-37]
- Rep. Mike Ross [D, AR-4]
- Rep. Loretta Sanchez [D, CA-47]
- Rep. Mark Schauer [D, MI-7]
- Rep. William Shuster [R, PA-9]
- Rep. Harry Teague [D, NM-2]
- Rep. Dina Titus [D, NV-3]
- Rep. Debbie Wasserman Schultz [D, FL-20]
- Rep. Lynn Westmoreland [R, GA-3]
- Rep. David Wu [D, OR-1]
- Rep. Donald Young [R, AK-0]
Jason’s Law is not only about Jason Rivenburg, but for all professional CMV drivers who have been endangered by the lack of safe parking for the big rigs. From parking lots, rest areas, side streets and from on and off exit ramps, professional truckers are expected to do their jobs with little effort for safety precautions being established for them.
Finally, a bill specifically for truck drivers and their safety is at the forefront of the trucking industry. Hope Rivenburg has fought long and hard for Jason’s Law even through a time of great loss and grief. With so much support coming through for H. R. 2156, truckers can have the safe and secure parking they need to do their jobs and to make it back home to their families.
Continue to contact your Representative and voice your support for Jason’s Law.
© 2010, AskTheTrucker. All rights reserved.
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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
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
© 2010, AskTheTrucker. All rights reserved.
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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
© 2010, AskTheTrucker. All rights reserved.
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Many Trucking Veterans also Military Veterans
Posted by Allen Smith in Politics, otr trucking, trucking on February 24th, 2010
There are millions of professional truckers in America, all with different points of views and opinions on a wide range of topics. A standing joke among the industry is the difficulty in finding two truck drivers who agree on one issue. Among these millions of truck drivers are thousands who have served in the U. S. Armed Forces. Army, Navy, Air Force and Marines . . . perhaps the Brotherhood of trucking has long been forgotten within the industry, but one thing these truckers do agree on is that the Brotherhood between soldiers last for a lifetime. They also agree that today’s U. S. Armed Forces have become a political military, which all started with what became known as the Pendleton 8.
The Pendleton 8 involved the case where seven Marines and a Navy Corpsman were charged with the killing of an Iraqi civilian. This case brought forth many anti-war liberal politicians who labeled our U. S. soldiers as nothing more than murderers and terrorists who’s sole purpose were to kill innocent civilians. Among these anti-war politicians leading this movement against our heroes were Represenative John Murtha and then Senator Barack Obama. Military personnel in combat and fighting within the killing zones, now had their hands tied behind their backs, unable to do the work of a soldier. Afraid of firing back at the enemy of the United States and fighting for the freedom and safety of all Americans, U. S. troops found themselves fighting instead, against a politicized military which would accuse them of murder and various crimes that could send them to prison for life.
During the time of George Bush’s presidency, we were bombarded by anti-war protesters on a daily basis. Cries of “End the War Now” and “Bring our troops home” echoed through out the country every single day. Who can forget the antics of Cindy Sheehan and other anti-war activists? The day Barack Obama came to office, the anti-war movement ended and not a single sound of protest has been heard since. Never in our history has a sitting U. S. President denied a Military General the requested number of additional troops needed to fight a war. Having asked for 40,000 additional troops, Barack Obama gave him 30,000.
Where are the anti-war activists now? Why have their cries grown silent while our men and women are still fighting the war? It is because they were never really anti-war, only anti-Republican. We now have a Congress and Senate majority, along with an Administration that hates the military and what it stands for. An American soldier now, has to stop and consider their own fate, before attacking an enemy combatant. An American soldier now has to stop and think about protecting their own life and the life of their fellow soldiers, before taking action in a war. We now have an Administration and leaders of the free world, along with prosecuting attorneys, just waiting . . . ready at any moment to send an American soldier to prison for performing the duties of an American soldier.
Lt. Michael Behenna is one of those soldiers.
Army Ranger Michael Behenna joined the military to defend his country after the 911 attack. He was deployed to Iraq as a 2nd Lieutenant and leader of the 18-member Delta Company, 5th platoon of the Army’s 101st Airborne Infantry Division in September 2007. Once there, Lt. Behenna was stationed at Forward Operating Base Summerall, near the regions of Baiji, Albu Toma and Salaam Village. One of the first tasks he took on was seeking out Sheik Hamad, the leader of Albu Toma. Sheik Hamad was considered the King of the area, and was also an enemy of the insurgents. Lt. Behenna quickly became good friends with the Sheik and worked closely with him in fighting against the terrorists. It is because of information received from the Sheik, that Lt. Behenna was able to detain Ali Mansur, a known member of an al-Qaida cell.
Terrorist, Ali Mansur organized an attack which killed two U. S. soldiers and injured two others. Lt. Behenna and his platoon captured Ali Mansur in 2008 and Michael was ordered to personally return the terrorist to his home and release him. According to Behenna’s account, Mansur lunged for Behenna as he was being returned home and Behenna shot him in self-defense. Even though an expert witness supports Behenna’s version of events, the government refused to hear this testimony. Lieutenant Behenna is now serving a 15 year sentence at Fort Leavenworth, Kansas, convicted of unpremeditated murder in the shooting death of Ali Mansur.
The expert witness, Dr. Herbert Leon MacDonnell, Director of the Laboratory of Forensic Science in Corning, New York, is an expert in blood stain forensics. His career goes back for fifty years, and includes such high-profile and complex cases as the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, Martin Luther King Jr., and even the case against O.J. Simpson. He is, without a doubt, an expert in the field. Dr. MacDonnell contacted the prosecutors in the case against Lt. Behenna, informing them of his findings which supported Michael’s testimony. The prosecutors, only interested in sending an American soldier to prison, refused to call this expert witness to the stand. Furthermore, they failed to advise the defense of Dr. MacDonnell’s findings. A clear violation of the Brady Material.
A Brady motion is a defendant’s request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness. A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial. Instead of presenting the factual evidence that corroborated Lt. Behenna’s self defense claim and thereby show the “revenge execution” premise of their case, Army Captain’s Meghan Poirier, Jason Elbert and Erwin Roberts violated their own ethics code by hiding this evidence from both the defense team and the jury in order to achieve conviction in a politically-motivated prosecution.
Here is part of the letter that Dr. MacDonnell wrote to Captain Poirier, one of the prosecutors:
Dear Captain Poirier:
On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. I am sure that had I testified that I would have wanted to give my reenactment so the jury could have had the option of considering how well the defendant’s story fit the physical facts. This, of course, would not have been helpful to the prosecution case. However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed Mr. Zimmerman of my findings. It certainly appears like Brady material to me.
Respectfully,
Dr. Herbert MacDonnell
In the interest of justice. Military prosecutors not interested in justice, but only serving a politicized military. Military prosecutors who failed to allow the jury to hear expert testimony from their own witness, and declined to provide the information to the defense team, which is required by law.

Furthermore, do not believe that this is one isolated case. The three Navy Seals who captured Ahmed Hashim Abed, the ringleader behind the murdering and burning of four Americans, hanging them from a bridge for all the world to see, only to claim that the Navy Seals punched him in the face and now the Navy is working hard to send these heroes to prison . . . and there are other American heroes faced with the political dealings of a military-hating administration and justice system.
Lt. Michael Behenna has been another scape goat for the political system. An American hero sits in prison for fighting for his life and the freedom of all Americans. Expert testimony by a leader in forensic science was never disclosed, violating the Brady material. Read more of what Dr. MacDonnell advised the prosecutors:
“On another issue I am somewhat concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting. As I demonstrated to you and to the two other prosecutors, Dr. Berg, Sgt. McCaulley, and Sgt. Rogers?, from the evidence I feel that Ali Mansur had to have been shot in the chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle. Admittedly, this would be an amazing coincidence, however, it fits the facts and as I told you on Wednesday, it fits the facts and I can not think of a more logical explanation.”
“This scenario is consistent with the two shots being close together, consistent with their horizontal trajectory, consistent with the bloodstains on the floor, and consistent with the condition of the 9mm flattened out bullet which was tumbling after leaving Mansur’s head or body. I do not know where this bullet was recovered but I would expect after impact to the concrete wall it fell very close to that wall. The other bullet should have been close to the first and there should have been two impact points on the wall.”
Respectfully Submitted,
Dr. Herbert Leon MacDonell, Director
LABORATORY OF FORENSIC SCIENCE
Lt. Michael Behenna deserves a new trial. I know thousands of our nation’s truckers are military veterans and I know millions of our nation’s truckers love America. Michael’s parents, Scott and Vicki Behenna are asking for your help. Help to defend Michael Behenna by allowing a new trial based on the Brady violation and voice your outcry that an American hero sits in prison for protecting his own life against a known Al-Qaeda operative while serving his country in Iraq.
Sign the petition to give Lt. Behenna a new trial and they ask that you contact your congressional delegation on behalf of Michael and to send a letter to John McHugh, the Secretary of the Army. When sending this letter point out to Mr. McHugh that Michael served his country and deserves to have a sentence that acknowledges his service. Also point out that a service member should have the ability to defend himself in a combat zone particularly against a known member of Al Qaeda. Please send your letter to:
Secretary of the Army – John McHugh
1400 Defense Pentagon
Washington, D.C. 20301-1400
The legal expense for their son is overwhelming. If you can assist in any way, you can mail a donation to:
1LT Michael Behenna Legal Defense Fund
c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099
We are all able to live our life in freedom due to the bravery and sacrifices of people like Lt. Behenna. They should not become pawns in a political military, sent to prison while the enemy of the United States receives more rights and justice than our own heroes. Every American should be outraged at what has happened to this brave young man. Millions of truckers can raise their voices and help bring justice to one of America’s soldiers.
Let Lt. Michael Behenna know that he is not forgotten and we are fighting for his release. You can write Lt. Behenna at:
Michael Behenna #87503
1300 N. Warehouse Road
Fort Leavenworth, KS 66027-2304

In a response to a letter he received, Lt. Behenna wrote:
“… I cannot even begin to describe the frustration and despair I feel on a daily basis. Every day I am treated like a criminal in the country I love, the country I fought for… It feels good to know that I am not just washing away in this cell in complete silence…”
Help bring justice to an American hero. Free Lt. Michael Behenna.
Thank you,
Allen Smith
© 2010, AskTheTrucker. All rights reserved.
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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 . . .
© 2010, AskTheTrucker. All rights reserved.
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Congressman Paul Tonko Discusses Jason’s Law
Posted by Allen Smith in Politics, Safety, Talk Radio Show, otr trucking, trucking, trucking show on February 17th, 2010
New York Congressman, Paul Tonko was our guest on Truth About Trucking “LIVE” talk radio, Thursday, February 18th, 2010 at 7 PM EST. Discussion focused on House Bill H.R. 2156, also known as Jason’s Law. As per the bill, top priority will be given in order to: “address the shortage of long-term parking for commercial motor vehicles on the National Highway System.” In general, the Secretary of Transportation “shall allocate funds made available to carry out this section among States, metropolitan planning organizations and local governments.”
Furthermore, this important bill calls for “constructing safety rest areas (as defined in section 120(c) of title 23, United 22 States Code) that include parking for commercial motor vehicles.” In addition to:
- Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.
- Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.
- Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.
- Constructing turnouts along the National Highway System for commercial motor vehicles.
- Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis.
- Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.
Congressman Tonko addressed the importance of Jason’s Law and fielded questions concerning the many misconceptions about House Bill H.R. 2156. Questions were given by Project World Awareness and the Congressman cleared up the rumors being spread about Jason’s Law.
One caller, Andy Warcaba of Andrew J. Warcaba & Associates, called in as well, to discuss the problem with the building of safe parking for commercial trucks.
To clear up the misconceptions about Jason’s Law, hear what Congressman Tonko had to say:
© 2010, AskTheTrucker. All rights reserved.
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U.S. Closer to Opening Mexico Border for Trucking
Posted by Allen Smith in Politics, Truck Driving Jobs, otr trucking, trucking, trucking life on February 11th, 2010
Congress could be moving closer to allowing Mexican trucks to haul cargo through the United States, helping to end a trade dispute hurting some exporters, the U.S. Trade Representative said on Monday.
In March 2009, U.S. lawmakers canceled funding for a test program begun by the Bush administration that allowed Mexican long-haul trucks to circulate in the United States, citing safety and security concerns.
The truck ban prompted Mexico to slap retaliatory tariffs on a long list of U.S. exports, including fruit and industrial goods, worth an estimated $2.4 billion.
But U.S. Trade Representative Ron Kirk, visiting Mexico this week, said President Barack Obama had pushed Congress to remove the clause cutting funding for the program in recent legislation, a first step toward resolving the dispute.
“We have been able to work with Congress and Obama is very pleased that the language in the 2009 appropriations bill — that essentially cut off the funding for the demonstration safety program — was not included in the 2010 appropriations bill,” Kirk told Reuters in an interview.
“By removing that prohibitory language, we just now have a green light to engage Congress again more thoughtfully.”
Some U.S. businesses — like paper producers, potato farmers and grape growers — say they are suffering lost sales because of the duties Mexico imposed and they are pushing the Obama administration to find a quick solution.
“I can tell you that those industries in the United States, our farmers, our ranchers, our other exporters that have been subject of the retaliation, have made their displeasure known to Congress and so there is a sense of urgency,” Kirk said.
He said his office’s discussions with lawmakers and Mexico will “intensify” over the next weeks and months.
The United States had agreed to allow Mexican trucks to start using U.S. highways by 1995 after signing the North American Free Trade Agreement with Canada and Mexico.
But Mexican trucks were confined to border zones where they must offload goods to be carried by U.S. companies. In 2007, the U.S. government launched a pilot program that allowed a limited number of trucks full access to U.S. roads, while American trucks were also allowed to operate in Mexico.
U.S. organized labor, led by the largest trucking union, the Teamsters, along with highway safety and consumer groups, fiercely opposed the initiative, which was backed by former President George W. Bush.
© 2010, AskTheTrucker. All rights reserved.
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Long Term Trucking Strike Would Devastate U.S.
Posted by Allen Smith in Politics, otr trucking, trucking, trucking life on February 10th, 2010
By: Allen Smith
Talks concerning a trucker strike in the United States have been going on for years. Labor strikes are nothing new, with the first recorded worker strike dating back to ancient Egypt when the Artisans of the Royal Necropolis at Deir el-Medina came together on November 14th, 1152 B.C.
In modern day America, truckers are no different. With many trucking strikes taking place through out the years, most have proven to have little impact on achieving their intended goal. A few hundred truckers here, and a few hundred there, most often, trucking strikes tend to fade away as simply as they began. There is only one reason why strikes by the American trucker have little effect . . . there has never been a well thought-out and organized plan that would bring all truckers together in an effort to change things for the better.
All truckers of CMV’s, local, regional, long haul, union and non-union, would need to band together nationwide, and commit to a long-term trucking strike. A short- term strike would certainly grab the attention of the United States, but would only be short-lived, and eventually, life would be back to normal. It would only be through a long-term trucker strike, that America would see the importance of trucks and the American trucker.
I began thinking about this scenario. What would be the real life affects from a long-term trucking strike in the United States? Naturally, trucks from our borders of Mexico and Canada could offer some relief, but as you will see, even this assistance would have very little affect on the havoc that this type of trucker strike would have on this country.
A well organized, non-violent, nationwide trucker strike by American drivers would not only wreak havoc on the U.S., but would spread globally. The short-term affects would be felt within a matter of days and would escalate to a much higher level within just a few weeks. I looked further into the future as to what long-term consequences would come about from such a strike. The outcome would prove devastating.
Never announce the date for a trucker strike.
In today’s world of technological advances, word spreads in a blink of an eye. One reason a strike by truckers go by with barely a blip in the news, is that it has been done before on such a small scale, that nobody takes it seriously.
In 1974, the United States Atomic Energy Commission heard of a possible trucker strike. John G. Davis, the Deputy Director for Field Operations, Directorage of Regulatory Operations, ordered the following bulletin to be dispatched to all heads of office:
Truck Strike Possibility
“Please dispatch the enclosed Bulletin to those licensees on the attached list which are located in your Region. Also, send copies of the Bulletin to all operating reactors and those reactors which may receive fuel for loading within the next six months.”
“At this time there is no indication that the truck strike will gain great momentum, but we understand that some incidents of a minor nature have occurred in Ohio.”
“Enclosed, as RO Bulletin 74-2, is information concerning a possible truck strike that may influence your shipment of special nuclear material. Please note that should the strike occur and should you have special nuclear material shipments routed through the strike area, a report is requested of you.”
“It has come to the attention of the Atomic Energy Commission that a truck strike may develop during the period of January 24-31, 1974. Preliminary f information indicates that if the strike occurs it will probably be localized in the northern Ohio and western Pennsylvania areas. It is doubtful that the strike will be nation-wide. There is a possibility of isolated incidents. In view of the foregoing and your obligation to safeguard special nuclear material subject to the requirements of 10 CFR Part 73, you are requested to consider the consequences of this possible strike in scheduling truck shipments of SNM in quantities of 5 kilograms of contained uranium-235 or 2 kilograms of plutonium and/or uranium-233 for delivery during the duration of the strike.”
“Possible actions on your part to reduce the impact of any such strike on safeguarding of SNM include: (1) delay truck shipments until the strike period is over; (2) route shipments to avoid the strike area; (3) use other modes of transportation when available; (4) if shipment is already in transit and it cannot be routed to avoid the strike area, place shipment in storage and keep under surveillance for the duration of the strike.”
“If the strike does occur and you have truck shipments routed through the strike areas, please advise us by telephone, confirmed in writing within 24 hours, of your shipping plans and any preventive actions you may take.”
January 23, 1974
Bulletin 74-2
Therefore, by advertising the exact date that the strike will begin, if it were to be taken seriously, would give everyone time to stock pile supplies and prepare for a longer hold-out against the strike, as well as a means of preparing strategies to defeat the strike. By always announcing the date that the strike will begin, is defeating the purpose. Like the little boy who cried wolf, a trucking strike has been announced so many times through out the years, that nobody listens anymore. On the other hand, this could actually work in favor of the truckers.
In order to have a successful, nationwide strike, all eight million U.S. CDL holders, or at the least, a mass majority, would have to keep the exact strike date a secret. Naturally, word will leak of a strike, but let the date leaked be a false one. If everyone believed it to be real, let the country think that May 4th will be the day that the strike will take place. However, known only to the truckers, the nationwide shut down would actually begin on April 17th. Caught totally off guard, there would be no time for stock piling and preparation.
Trucking strike causes mass panic.
In the recent snow storm of the Mid-Atlantic region, the area was paralyzed by the massive blizzard. Within hours of the news, many local D.C. stores were bought out and left with empty shelves. With news of the second blast coming through, within just a few short hours, gas stations were out of gas. During the fuel shortage of 2000, it took only a couple of hours before the stations were out of fuel supply. This should tell truckers one thing . . . when a major event is certain, the population reacts with mass panic.
It is with this mass panic and rush buying from consumers, that the short-term and long-term affects of a nationwide trucking strike begins . . . followed by complete devastation:
- Within a matter of several hours, gas stations would be out of fuel.
- School buses could not run. Eventually, schools, colleges and Universities would shut down.
- Law Enforcement vehicles would be left on the side of the road.
- According to usage, eventually, all of the approximate 145,381,402 vehicles in the U.S. would become useless.
- Store shelves would grow empty.
- As time went on, there would be no groceries, clothing, lumber or supplies of any kind.
- Factories would shut down.
- Restaurants would close.
- As truckers continued the nationwide strike long-term, eventually every business in the U.S. would close.
- Trucking companies would shut down.
- Dispatchers, load coordinators, receptionists, all the way up to the CEO . . . would be out of a job.
- Regulatory agencies such as CARB would have to shut down.
- As time went on and truckers continued striking, millions upon millions would become unemployed.
- The U.S. Government would become paralyzed
- Airplanes would be stranded on the ground
- Ships would be stuck in harbor.
- As the trucker shut down continued long-term, eventually, trains would roll to a stand still.
All of this, eventually occurring from a well organized, committed and long-term trucker strike and we are just getting started.
Small, disorganized strikes have even shown huge impact. Following an OPEC oil embargo against the U.S. and other western nations in the 1970’s, truck owner operators held a ten-day strike over high fuel costs in order to force the government in lowering the price of oil. This small strike caused the Governor of Pennsylvania to call out the National Guard to protect the state’s roadways. Within ten days, havoc had already begun.
The consequences of a nationwide, “stick to your guns” trucker strike would result in chaos that the United States has never seen. Consider the trucking strike which occurred in Minneapolis, Minnesota on July 20, 1934. This one shut down by truck drivers, in just one city, led to police injuring and shooting 67 truck drivers and their supporters. Two special deputies were also killed, along with truck driver Henry Ness. After this strike, Minneapolis workers were free to join unions, breaking hold of the Citizens’ Alliance. This successful strike by truck drivers became known as Bloody Friday and was caught in sound and video:
Truckers coming together, in one city, in a time when truckers stood by each other. In remembrance of a fallen comrade, these truck drivers from 1934 erected a flag to pay tribute to one of their own: Henry Ness.
The shut down by truckers in the U.S. have only been held by a few hundred or so and for a small length of time. Even strikes on such a small scale can wreak havoc on hundreds of thousands. During a coffee strike in Columbia, by day 15, over 500,000 Columbian families who worked in the coffee industry were fighting for their livelihood. This small, fifteen day strike threatened the entire Columbian economy. A massive, nationwide shutdown by American truckers would cause even a greater catastrophe.
Trucking strike would lead to U.S. starvation.
Even if Mexico and Canada were to send their trucks to the United States to help in aid of the country-wide shut down, this too would not last long. To begin with, these trucks would not be able to travel further than a rough 500 miles into the U.S. before having to turn back for fuel. Without trucks running, there would be no fuel at the pumps. Furthermore, Mexico and Canada would not be able to spare their trucks for service on a long-term basis, or they would face the same havoc within their own countries.
As power plants used up their supplies of coal, and with no trucks or heavy equipment operating due to the lack of fuel, trains hauling the coal to the plants would eventually stop. The shipment of grain and other livestock feed would cease. The long-term affect of a nationwide trucker strike would continue:
- Milk cows, unable to have their milk transported by truck would eventually perish.
- Cattle, pigs, horses, goats, fish farms, chicken ranches . . . with no way for the food to be transported . . . would begin dying.
- Trash of all kind would pile up everywhere due to garbage trucks being inoperable from the depletion of fuel.
- Hospitals, unable to receive food and supplies would go under and the sick and elderly would be without medication.
- Banking institutions which rely on trucks to pick up and transport currency would be empty and eventually close.
- ATM machines would be unable to be filled, leaving millions without a cash supply.
- Farmers and ranchers unable to receive or ship out, would lose billions of dollars in crop and the food chain for the American people would eventually fall.
All of this . . . from a long-term trucking strike . . . and still, we are not done.
Trucking strike sends U.S. in complete blackout.
If American truckers shut down for a long period of time, never wavering from their stance, eventually the United States would fall even further into chaos and panic. As coal and other fossil fuels are no longer able to reach the power and nuclear plants by truckers, there would come a time when the plants could do only one thing . . . shut down. Now faced with the inability to generate steam from the burning of the fossil fuels, the turbine which spins and generates heat energy, which converts to mechanical energy, which converts to electrical energy, which flows from the plant through the electrical wires to the step up transformer, which raises pressure to send the electrical current traveling for thousands of miles through the power lines, which reach the pole transformers, which goes through a service box, which finally provides our electricity . . . would end. It has taken some time, while the plants burned through their stock pile . . . but now, through the course of a long-term trucking strike . . . America is thrown into a country-wide blackout. However, it does not end here.
Trucking strike leads to global technological break down.
As the United States loses all power and electrical supply, the final jobs that were still available will end. Technology in the U.S. is operated by people in the workforce. With a massive long-term trucker strike, there would eventually be no workforce. With no electricity or power, the flow of data will stop. The internet will cease to exist, one server at a time. As these servers go down, data is lost and technology as we know it fails. As systems across the country attempt to handle the oncoming overload, entire electrical and data grids will shut down. As a country that relies on logistics to keep America moving, any delivery by truck, train, aircraft or ship that might have survived thus far . . . becomes totally impossible.
Once our technology ceases to function, any remaining power is lost. Battery operated equipment or machinery will eventually die with no way to recharge them. We will have lost all communication to our space satellites. As the trucking strike continues on long-term, the devastating affects would reach global proportion.
All of this, from a nationwide, never-ending trucker shut down. Without trucks, trains would roll to a stop . . . aircraft would sit idle . . . ships would be stranded at harbor . . . stores and businesses would have no inventory . . . crops would fail . . . farms would close . . . there would be no jobs for anyone . . . the entire financial system would crash . . . America would be thrown into a nationwide blackout . . . millions would starve . . . law and order would fail . . . technological communication would be lost . . . the sick would get sicker . . . the blood supply would dwindle away . . . nationwide havoc and hysteria . . . life as we know it would change dramatically.
Until the truckers came back.
© 2010, AskTheTrucker. All rights reserved.













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