Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

As provided in my previous post, Truck Drivers and the Controversial Gun Debate, the right for truck drivers to carry a firearm in the commercial motor vehicle is always a hot topic among truckers.  I can see both pros and cons to this issue, although I have found that most truck drivers will stand on their 2nd Amendment Right to keep and bear arms.  We have received many emails from truckers across the country voicing their opinions on this issue, and we are seeing that about 95% believe they have the right to carry protection with them in the CMV, while about 5% are against it.

As many will recite the Peaceable Journey Act to back-up their right to carry, I wanted to dig a little deeper as to what, if any, does the Federal Regulations say about the transportation of firearms by licensed CDL holders.   What I found is the term, unlawful possession, which I feel is important for all CDL drivers to understand.  This term could be the reason why some professional truck drivers find themselves in trouble with D.O.T. or other law enforcement officials.

According to the Code of Federal Regulations, Title 49, Volume 9 which was revised as of October 1, 2005 and Chapter XII, Subpart B under Section 1572, firearms are mentioned under Section 1572.103 – Disqualifying criminal offenses.  Under this section, truck drivers can lose their CDL for life if they are found to be in violation of what is known as Interim Disqualifying Offenses.  According to this Regulation, truckers can be disqualified from ever having a CDL license if they are found to be in:

Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon.”

As I read headline news where truck drivers have been arrested at a weigh scale or inspection site for having a gun in the vehicle, I had to wonder if there were another side to the story, since by all Federal Law and meeting all city, county and state laws and regulations, and if their motor carrier allows them to carry in the CMV, why were they arrested? I would have to conclude that they were, somehow, in violation of this unlawful possession offense.  Not being an attorney, I had to research exactly what does “Unlawful Possession” mean? Although each state varies in their definition of unlawful possession, here is a general outline :

A person commits the crime of unlawful possession of a firearm (State permit license excepted) if the person knowingly:

  • Carries any firearm concealed upon the person
  • Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
  • Possesses a firearm and has been convicted of a felony;
  • Was committed to a State Health Authority  (Court determination of mental illness);
  • Was found to be mentally ill and subject to an order  (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or
  • Has been found guilty except for insanity (Effect of mental disease or defect) of a felony.

You can read more about Interim Disqualifying Offenses from the FMCSA website, and be sure to tune in to Armed American Radio on Sunday, August 8th, 2010 from 9-10 PM EST as Mark Walters, myself and others, will discuss the right to carry as it pertains to professional truck drivers.

Mark Walters is host of the nationally syndicated, Armed American Radio by Salem Radio Network.  He is the columnist (The Ordinary Guy) for Concealed Carry Magazine, and co-author of the best selling book, Lessons from Armed America, which is available at White Feather Press and all major book retailers.

© 2010, AskTheTrucker. All rights reserved.


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Freightliner Sprinter VanWith trucking being the largest sector of the economy’s transportation industry, it easily beats out all other areas such as air, water, rail and pipeline.   Trucks account for more than 80 percent of total transportation revenue, pulling in more than $124 billion in 2006.   The industry is so large, that one in every 15 people are employed in the trucking industry.  Even in tough times such as a recession, trucking, in some form, will always remain.   There are still those who, for many reasons, cannot receive the needed CDL license in order to operate in commercial commerce.  Trucking companies like Pitt-Ohio are increasing the chances for many, by implementing new and visionary training opportunities which can lead to achieving the commercial driver license.   Welcome to the world of trucking . . . by way of the Sprinter Van.

The commercial sprinter van is not actually new, with the first one being launched by Mercedes-Benz in 1995 and a newer version in 2006, which was later voted Van of the Year in 2007 by Professional Van and Light Truck Magazine.   However, companies such as Pitt-Ohio saw the sprinter van as a new training model for future truck drivers.    President and co-founder Chuck Hammel, stated:

“But by far the most pleasant realization was that we were able to get non-CDL drivers behind the wheel, so our applicant pool expanded tremendously.  We could get people into transportation that never thought they would want to drive a tractor trailer.”

Now, obviously, a sprinter van pales in comparison to an 18-wheeler . . . but what a program like this can accomplish, is having the newcomer to the trucking industry get familiar with the industry’s surroundings, such as the loading dock, loading and unloading procedures, paper work, shipper and receiver terminals, etc.   The biggest fear of newcomers to the industry is operating in such “intimidating” surroundings.   Once they become accustomed and familiar with these sights and sounds of trucking, the transition to the big rigs could prove to be much easier. 

Big Rig TV has a video of this concept in action by Pitt-Ohio.   The trucking industry is in need of more training alternatives for upcoming truck drivers.  Introducing newcomers to the world of trucking through these Sprinter Vans . . . is not a bad idea.

Allen Smith


© 2010, AskTheTrucker. All rights reserved.


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CDL Students MistakesFor thousands of new CDL students and truck drivers, entering into an industry that they know nothing about can be devastating financially.   The ever present scams of the over the road trucking industry and truck driving schools continue to ruin the lives of many wanna’ be truckers.   Not fully understanding the inside workings of OTR trucking, many newcomers to the industry will fail, through no direct fault of their own.   The failed success of many truck drivers breaking into the business, is simply the way a large portion of the industry is set up to be.  For many trucking companies, the truckers failure is their success.

The more one understands how this corrupt industry works, the better opportunity one has to succeed in a long haul trucking career.   Most often, the failure comes from simply not knowing what questions to ask or what exactly to look out for, when pursuing a career in trucking transportation.

In my opinion, there are seven big mistakes that CDL students and new drivers most often make during this time of transition into a new career change.   By understanding and knowing what these mistakes are, one will be more prepared for achieving success in an industry that has been described by many veteran drivers as the “most corrupt industry on the planet.” Enough said . . .

Download the PDF Bonus Report:

The 7 BIGGEST Mistakes by

CDL Students and New Drivers

By Allen Smith


© 2009, AskTheTrucker. All rights reserved.


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Earlier this evening our BTR show, Truth About Trucking “LIVE” aired a 90 minute show discussing the Dan Rather interview with TruckerDesiree.   Thanks to the callers and listeners and those in the chat room for tuning in . . . show has already been downloaded nearly 100 times within 1.25 hours.

I had some phone trouble during the last 5 minutes of the show and lost all connection, so was unable to “close” it out like I normally do, but the show focused on Desiree’s story and the real purpose of exposing these scams, lies and deceit within certain segments of the trucking industry.

Truth About Trucking has been working to expose these issues for nearly 5 years now, and with TruckerDesiree exposing a further hidden “secret” of the OTR industry . . . the industry is taking notice.  Change for the better can happen.

I have nothing to gain from exposing these lies and scams of the over the road industry.  They have been going on for years and the time has finally come that these issues are becoming known . . . CDL students and new drivers have the RIGHT TO KNOW . . . and for those trucking companies and CDL schools who participate in these scams and abuses . . . we will continue to expose them until they are changed and all drivers . . . students, new drivers and veteran drivers alike . . . receive the respect and honesty that they deserve.

The Trucking Controversy – Dan Rather Reports:

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The Pickens Plan and Stimulating America

The American FlasThe trucking industry is changing or at least let’s say that it better change.  Thousands of trucking companies went out of business in 2008 and many more are still struggling to hold on.   New CDL drivers right out of school are discovering that there are few openings available for recent CDL graduates with little driving experience.  Many drivers are finding themselves sitting more than making the wheels turn and of course, the age old problem of “cheap freight” is still going strong.

There are still those trucking companies out there that continue to treat drivers as nothing more than a number … just something that they can toss away when they are ready to move “old” drivers out and bring in lower pay earning truckers.   At least the days of $4.67 per gallon diesel is gone, but for how long?  All it will take is just one little ‘blip’ on the Middle East radar screen and we will be right back to the high cost of petroleum fuel.

Many professional truck drivers can read the writing on the wall . . . but can the trucking companies?   There are millions of Americans out of work and who are one step away from being homeless.   The Government is spewing out trillions of dollars, more so than ever in history, and still . . . there are no jobs.   Exactly what is being done to really bring America back where it once was and should be?  Where are the factual ideas and innovations that will get this country moving?   Millions of people are waiting . . . millions of Americans are hoping.

Yet, hope is not enough.  It takes action.  It takes partisanship, which sadly, we do not see from any of  our “leaders.”   No matter what the idea is, there are always those who prefer argument over logic.  If we do not start looking for solutions toward the future, and then begin implementing those solutions,  where will this country be taken to?

TruckerDesiree writes about The Truck Stop of the Future and sums it all up better than anyone I know.   The Pickens Plan is an innovation for the future.   Is the Government really serious about limiting our importing of foreign oil?   Instead of shelling out billions of dollars for a Cash for Clunkers program, why are they not gearing up for this plan that is a viable and very doable solution?   The Pickens Plan is actually a “stimulus” plan that will stimulate!  Imagine that?

The Cash for Clunkers program was a success.  Or was it?  The first part of the plan was suppose to last through November, yet the first monies were gone within two weeks.  The number of new autos sold in the two weeks were the same amount sold in an average year.  Now, two billion dollars more is being considered to add to the plan, yet, the number of auto dealers associated with the program only averaged between 12-16 new sales each.   I hardly consider this as a stimulus.

Instead of building an impossible debt for our children and their children, why are they not working toward  a real, stimulating plan that can get America moving again and get the people of this country back to work?

Allen Smith

© 2009, AskTheTrucker. All rights reserved.


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Truckers Coming Together for Trucking Rights

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

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

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

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

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

  • A Smart Union -  15 Year OTR Vet fighting for the Rights of Citizens to have the equal rights of Corporations.
  • Trucker Desiree – One of America’s few women drivers that stands up and speaks out about the trucking industry and other issues.
  • The American Driver – Two brothers doing battle in the political arena so all drivers receive the respect that they deserve.  Catch their radio show: Truck Stops Here – every Friday 6-8 PM CST.
  • United CDL – Supporting the backbone of America – Truckers – and belief in the phrase:  Say NO to CHEAP freight!

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

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

Allen Smith

© 2009, AskTheTrucker. All rights reserved.


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Mac Truck Teams with Truck Driving School

Mac Truck has teamed up with MTC Truck Driver Training in Farmington, Missouri, making the partnership the first of its kind between a CDL training program and a junior college in the state.  Providing a 160-hour, three-week training course, the program will be set at a cost of $3,910.

The first class began on May 11th, 2009 with new classes beginning every three weeks.   MTC offers job placement assistance after a graduate successfully achieves his or her CDL certification.   MTC will also offer training for HazMat and other specialty endorsements.

Allen

© 2009, AskTheTrucker. All rights reserved.


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Hand Gun

With the safety of truck drivers making recent headlines, are Constitutional Rights being violated by not allowing professional CDL truck drivers to carry a firearm in the truck with them?  Even with a concealed weapon permit, honored by most states, why are our truckers not allowed the right to defend themselves if faced with a life and death situation?

Allen opens up the lines for discussion about this very HOT topic on trucking talk radio: Truth About Trucking “LIVE” - Monday, May 11th, 2009 at 7:30 PM Eastern Standard Time.

Concealed Weapon Permit and Truck Drivers Right to Carry

90 Minutes – Let your voice be heard

Call in number:  347-826-9170

* This show has been given a “Mature” Rating *

Allen

© 2009, AskTheTrucker. All rights reserved.


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From DefensiveCarry.com

A truck driver was cited for carrying a concealed weapon in his truck during a weigh scale inspection in Tennessee.  As per the post:

THP Conducts Roadside Inspection in Haywood County | TN.gov Newsroom

THP Conducts Roadside Inspection in Haywood CountyReleased on Thu, Apr 30, 2009
NASHVILLE ––- The Tennessee Highway Patrol placed 14 commercial vehicles out-of-service Wednesday, April 29, 2009, during a Roadside Inspection Checkpoint in Haywood County. The joint Roadside Inspection effort, in conjunction with the Tennessee Trucking Association, is designed to educate the industry on commercial vehicle safety and compliance with motor carrier laws. Industry representatives participated in Wednesday’s event.

Tennessee is one state that supposedly honors concealed weapon permits, thus making the story more interesting.  I have posted numerous times concerning this CDL gun carrying issue, always pointing out that it is all about abiding by city, state and county laws and regulations.

Read the entire post . . .

Drive Safe,

Allen

© 2009, AskTheTrucker. All rights reserved.


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CDL Drivers and the Gun Permit

Questions and answers still swirl around all over the place concerning trucking and the CDL driver who carries a gun permit.  One of the most asked questions is “Which states will honor my concealed weapon permit?”

Here is a PDF file that you can download, save or print out that provides the answer to this question:

concealed weapon permithttp://www.handgunlaw.us/documents/USReciprocity.pdf

You can use it at your own discretion, provided by handgunlaw

FYI,

Allen

© 2009, AskTheTrucker. All rights reserved.


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