Archive for category Safety
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.

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.
© 2010, AskTheTrucker. All rights reserved.
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Tough Guy Persona Hampers Trucking Issues
Posted by Allen Smith in Safety, Truck Driving Jobs, Truckers Health, otr trucking, trucking, trucking life on March 10th, 2010
The trucking industry certainly provides jobs for millions of people, but like most industries, it has its share of problems. For years, these problems had always remained swept under the rug with few people stepping forward and going public with the injustices that exist within the industry. As social media evolved, that all changed. More and more drivers began speaking out and challenging many of the regulations and policies that affect their way of life. As trucking issues by drivers became more public, trucking companies and organizations began to take notice. So much so, that industry policy makers began taking action by communicating directly with many of these social media outlets from drivers.
In order to change a policy, rule or regulation for the better, first takes discussion. Discussing an issue is the first step towards improving a problem faced by truck drivers or companies. If a particular regulation is not working, then change can only first come about through discussing the issue. Unfortunately, there are still those drivers who consider “discussing an issue” as a form of “whining” and “complaining.” Since when did discussing a problem become whining? I contribute this type of mentality to something I call the “Tough Guy Persona.”
No matter what the issue being discussed, the tough guy persona will always appear. Be it the lack of rest that truckers receive, the hours of service, cheap freight, poor truck driver training . . . whatever the case, there will always be those who will step in and retaliate by saying, “Stop your whining and do your job.” From where I stand, I see drivers accepting the challenges of trucking and performing their jobs everyday with remarkable professionalism. What the tough guy persona is really saying here, is that they do not care about the injustices and poor treatment of truck drivers or in helping their company become more successful. They would rather sit back and change nothing . . . simply roll along and let things remain as they are. Even on the issue of cheap freight, which is a major concern for owner operators and trucking companies alike . . . the tough guy persona prefers to continue to work harder and accept things as they are, instead of discussing the problem to come up with a better solution. They would rather cling to their tough guy image, than work to bring about reform that could ultimately provide a better quality of life for themselves and their own families.
I considered for a moment, as to how the tough guy persona would work in other areas of life. Following the recent Haiti earthquakes, instead of the United States pouring out billions of dollars in aide that we cannot afford, perhaps we should have taken on the tough guy persona and told the Haitian people to just “Shut up and accept the situation.” Of course this is ridiculous, but this is how the “tough guy persona” operates. If simply discussing an issue is considered whining and others allow this form of coercion and peer pressure to win, then ultimately the entire industry continues to lose.
Everyone understands that a company must do all it can to remain profitable. However, all too often, the trucking industry will invoke the struggles directly onto the driver, taking no responsibility upon itself to bring about reform which could help both driver and company. Shippers will always have to ship and receivers will always have to receive. Simple logic. There is no reason to have the magnitude of cheap freight hauling that we now have in this country.
When the industry was deregulated in 1980, it was all about promoting competition. Deregulation only leads to monopolies, which we now have been experiencing in the trucking industry for years. Deregulation only promotes competition in the early stages, but later it eliminates competition as rivals are driven out of business. As we have seen with the trucking deregulation, other crisis come into play as well:
- Eliminates the weakest companies
- Prosperity is lost, as survival becomes the motive
- Wages go down
- Workers are laid off
- Services are dropped and quality is reduced
Hundreds of thousands of truck drivers lost their jobs as a direct result of deregulation. They were hired on with the major companies which survived, but only after taking a cut in pay. Since then, the monopoly has worsen. Who can haul the freight at the cheapest rate is the name of the game now, and service is no longer the primary concern. Furthermore, the one paying the most for cheap freight . . . are the drivers. Running longer, running harder . . . to try to make ends meet. This entire scenario could be eliminated by trucking companies simply raising the cost of freight transportation. Either the shipper or receiver pays the cost . . . or they will have no inventory. Of course, the rise in cost will lead to higher consumer prices, but this can even be monitored by controlling inflation.
One can go on about many issues facing industries today, and the first step to any process is discussion. Discussing issues have led to many victories ranging from wage increase for workers to tearing down the Berlin Wall. To openly talk about issues such as safety, driver pay, owner operator struggles, cheap freight, CDL training, hostility in the workplace and so forth, has nothing to do with “whining” and “complaining.” It has nothing to do with being weak or being a tough guy. It has everything to do with standing up for one’s rights and determining a correct path which can lead to a better life and work style for both employee and employer.
This “tough guy” persona that exists within the trucking industry only hampers the ability to correct things for the better. It never succeeds, only hampers. It is a powerful urge that some cannot overcome. I simply overlook it and refuse to accept that the best thing to do is simply sit back and leave things the way they are. Why would any driver not want to work to raise their wages? Why would any driver not want to stop abuse of any kind toward another driver? Why would any driver not want to correct a policy within their company that could only make the company a better one?
This type of driver would rather hold on to the tough guy image, than work to make life better for their own family. I determined a long time ago that it is impossible to rationalize with irrational people.
© 2010, AskTheTrucker. All rights reserved.
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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:
© 2010, AskTheTrucker. All rights reserved.
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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
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.
© 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 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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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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Truckers HOS Rule Should Provide Safety, but Also a Livable Wage
Posted by Allen Smith in Jobs and Careers, Politics, Safety, otr trucking, trucking, trucking life on February 4th, 2010
With the average number of miles driven per year by professional truck drivers, the dangers of living life on the road increases far beyond what the average motorist experiences. Averaging ten times more miles driven per year than the general motoring public, the professional trucker is by far, the safest driver on the road today. According to studies done by various unbiased groups, including the AAA, automobile drivers contribute more to fatal car-truck crashes than do the actions of truck drivers. Although every truck driving job requires the skill of a professional driver, there are those which come with a higher degree of danger.
Normally providing a higher pay rate, drivers involved within the petroleum carrier industry can often become like any other veteran driver with years of experience under their belts . . . relaxed, complacent . . . whatever you want to call it . . . this complacency can become a hidden danger for all truck drivers, especially those involved in the transportation of fuel and other hazardous material, and most often, with deadly results.
With all the stress placed on truck drivers, through over crowed highways, forced dispatch and an endless array of Federal Regulations, trucking companies and officials need to fully understand and realize the true importance of safety. Not just bureaucratic talk and pleasing self-interest groups, but understand that when additional pressures are placed on our men and women in trucking, additional consequences can occur, not only on our truckers, but the general public as well.
Professional drivers need the proper rest required by the human body and at the same time, they need to provide a living for themselves and their families. Veteran drivers have no problem running ten, eleven or even fourteen hours in a day . . . this is why they are professional drivers. As the FMCSA looks to further change the hours of service for truck drivers, they should maintain the 34 hour restart and provide more flexibility with the sleeper birth and the 14 hour provisions, as stated by the ATA. Furthermore, the American Trucking Association also states that rest periods should not be mandated, but the FMCSA should adopt an optional rest period that would not be counted toward the 14 hour rule.
If changing the hours of service rule for drivers, once again, the FMCSA could not take away from the current HOS rule, but add to it . . . those provisions that not only will provide additional safety factors towards drivers and the general public, but also maintain the ability for truckers to provide a living for themselves and their families. Professional truckers are up to the task in facing the lifestyle of a truck driver. They understand the importance of safety and are well prepared to abide by all regulations. The FMCSA should understand that there are ways to increase safety and still not interfere with a drivers’ means of support.
Accidents are largely caused by fatigued drivers who are not purposefully wanting to break any rules, but only working that much harder in the time allowed to bring in a decent pay check. Allow drivers to drive . . . provide for adequate resting periods, but do not take away what little they have in the current rules that keeps them rolling, but add additional safety measures that will increase their ability to earn a livable wage and still give them the rest they need to keep safety as a priority as well.
Life as a trucker has enough stress, worry and dangers involved, being constantly concerned with paying the bills and putting food on the table should not be one of them.
© 2010, AskTheTrucker. All rights reserved.
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Truth About Trucking “LIVE” Talk Radio Upcoming Shows
Posted by Allen Smith in Politics, Safety, Talk Radio Show, Truck Driving Jobs, otr trucking, trucking on February 3rd, 2010
Blog Talk Radio is the largest social radio media in the world, pulling in 6 million listeners every day. Truth About Trucking “LIVE” is the premier trucking talk radio show on BTR. Launching in July, 2008 the show has obtained a global listening audience of 100,000 with a +/- of three percent.
As noted by Blog Talk Radio: “Your show is exactly the kind we look for . . . something totally different and separate from the main media stream.”
In association with our main website, Truth About Trucking, my goal from the very beginning was to not be just more talk, but to stand up and take viable action in “raising the standards of the trucking industry” and to provide real and valuable assistance to CDL students and new drivers entering into a trucking career. One way of doing this, is through our BTR show, Truth About Trucking “LIVE.”
We have scheduled further broadcasts for February, 2010 and would invite everyone to tune in and come join the conversation:
2-11-10 – Florida High Speed Rail – Inside Florida Transportation - 7 PM EST

“The Florida High Speed Rail proposal, Private Public Partnerships, fiscal irresponsibility and the selling off of America. Former Orange County mayoral candidate and transportation activist, Sally Baptiste returns as our special guest to discuss the Governmental waste of your tax dollars and her role in the September, 2009 Tea Party movement in Washington, D.C. Visit her website at: http://www.tollscreategridlock.org
2-17-10 – Human Trafficking – Truckers Call to Action – 7 PM EST
“Human trafficking is America’s modern day slavery. Men, women and children are being bought and sold in the United States and abroad and has become a $32 billion industry worldwide. Kylla Leeburg, of chapter61.com is our special guest, as we look at this horrific crime and how truckers are being called to action to help rescue the victims of Human Trafficking in America. For more information, please visit: http://www.truckersagainsttrafficking.com
2-18-10 – Congressman Paul Tonko on Jason’s Law – 7 PM EST

“Congressman Paul Tonko (D) N.Y., is our special guest as we discuss the importance of passing House Bill H.R.2156. Better known as Jason’s Law, this bill will provide safe and secure parking for our nation’s truck drivers. Congressman Tonko will bring us up to date on this important issue that is so vital to the safety of all truckers.”
Be sure to bookmark us and add us to your favorites, and come join the conversation.
© 2010, AskTheTrucker. All rights reserved.
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Truckers Fighting Against Human Trafficking
Posted by Allen Smith in Safety, otr trucking, trucking on January 28th, 2010
The first written record of slavery in the Colonial United States was recorded in 1619. Slavery in the United States was legal until the passage of the Thirteenth Amendment to the United States Constitution in 1865. The horrific past of slavery continues to haunt American history nearly 250 years later. We can all be grateful that slavery is no longer a part of America . . . or is it?
As inconceivable as it may seem, slavery is still alive and well in the United States and abroad. Execrable acts against our fellow men and women continue on within a trade market that rakes in an astounding $32 billion worldwide. Second only to the drug trafficking industry, human trafficking is responsible for the modern day slavery of mostly women and children, used in large part in the underground world of the sex trade. They are the prostitutes on the street, at truck stops and in the hotels and motels across the country. Around the world, there are an estimated 27 million slaves today. Within the United States, the estimated number for human trafficking ranges between 200,000-300,000 per year. These are men, women and children.
Theresa Flores was blackmailed into sex slavery as a young teenager. She would be taken to affluent homes and hotels in and around the Detroit area and forced to have sex for hours with strangers. As she would recount later in life:
“I can’t describe to you the feeling of terror. No child should ever have to know that kind of fear. I didn’t know what I was going to have to endure that night, for how long, or if I was going to come back home.”
Sad to say, slavery still exists in the United States and across the globe. Victims of human trafficking needs our help. People are literally being bought and sold and transported from location to location, forced into a life of unbelievable fear and torment. One of the greatest fighters against human trafficking can be the eyes and ears of our nation’s professional truckers.
What other sector of people spend more time out in the real world than professional truck drivers? Truckers Against Human Trafficking needs your help. As professional long haul drivers, you can be a most valuable resource in learning how to recognize a victim of human trafficking. They can look like anyone on the street and learning how to correctly identify a victim of human trafficking can lead to the rescue of those in need. Truckers Against Human Trafficking provides information on how truckers can learn how to identify a victim of modern day slavery:
A victim of trafficking may look like many of the people you help every day. You can help trafficking victims get the assistance they need by looking beneath the surface for the following clues:
- Evidence of being controlled
- Evidence of an inability to move or leave job
- Bruises or other signs of battering
- Fear or depression
- Non-English speaking
- Recently brought to this country from Eastern Europe, Asia, Latin America, Canada, Africa or India
- Lack of passport, immigration or identification documentation
Traffickers use various techniques to keep victims enslaved. Some Traffickers keep their victims under lock and key. However, the more frequent practice is to use less obvious techniques including:
- Debt bondage – financial obligations, honor-bound to satisfy debt
- Isolation from the public – limiting contact with outsiders and making sure that any contact is monitored or superficial in nature
- Isolation from family members and members of their ethnic and religious community
- Confiscation of passports, visas and/or identification documents
- Use or threat of violence toward victims and/or families of victims
- The threat of shaming victims by exposing circumstances to family
- Telling victims they will be imprisoned or deported for immigration violations if they contact authorities
- Control of the victims’ money, e.g., holding their money for “safe-keeping”
The result of such techniques is to instill fear in victims. The victims’ isolation is further exacerbated because many do not speak English and are from countries where law enforcement is corrupt and feared.
Help to fight back against human trafficking. Please visit Truckers Against Human Trafficking to learn how you can help.
© 2010, AskTheTrucker. All rights reserved.














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