Trucking Advocate and Activist Allen Smith of TruthAboutTrucking.com : Articles Current News and Information for CDL Truck Drivers and Truck Driving Students…"Raising the Standards of the Trucking Industry"
Like the movie with the same name, is the perfect storm brewing for the U. S. trucking industry? With the possibility of more than a quarter of a million truck drivers facing termination from their driving careers from the CSA 2010 initiative, coupled with the talk of changing the current HOS rules, is there a a catastrophic event heading straight toward professional drivers and trucking companies alike?
The hours of service rule for truck drivers could be looking at losing two hours of driving time, along with doing away with the 34 hour restart rule. The ATA and company CEO’s fear that these two aspects combined will reduce productivity among drivers. ATA Chairman, Tommy Hodges stated that the CSA 2010 will be a “free agency for drivers.” He went on to say, “a driver that knows he’s got a good record, he knows how to abide by the rules, and he knows and understands his value to your company, (is) going to come in and say, ‘look at my score, you’re going to pay me 50 cents a mile or I’m going to go to XYZ,’ and he will.” He went on to comment that productivity loss could be as high as 18 percent if the changes are indeed made.
No doubt that losing two hours of driving time and the 34 hour restart will change the way trucking companies operate, but could not adding additional time for rest also increase productivity by eliminating much of the “pushing of drivers” to run further and harder? The industry sees the loss of revenue coming by not being able to push their drivers beyond their physical and mental limits in order to get the freight delivered and move on to the next load. Are the industry leaders more concerned with the loss of dollars than the safety of their drivers?
Truck drivers operated under the former set of HOS rules for years and did just fine.The new HOS rules, if they occur, will basically return nearly as they were before.Is the industry fearful of losing their ability to push their drivers’ work loads, or more afraid of the good, safe and professional drivers gaining more control over their own careers?
How serious is the FMCSA’s CSA 2010 for truck drivers and trucking companies? While many truckers and trucking companies have taken a “wait and see” attitude, Rickey Gooch of PrePaid Legal Services, Inc., and Justice for Truckers, continues to address the seriousness of this new safety initiative.
Mr. Gooch was our special guest on Truth About Trucking “LIVE” talk radio, on Thursday, August 12th, 2010.
The discussion took a more in-depth look into the CSA 2010 and why he sees it as the most serious law to ever hit the trucking industry, with the intentions of the FMCSA being to “absolutely remove drivers from the industry.”
Did you miss the live broadcast? Not a problem . . . catch it from our show archives, or right here :
The lifestyle of truck drivers can lead to many health problems and many drivers are looking at the new safety initiative, CSA 2010 as focusing on the problem of obesity and sleep apnea. Actually, it has more to do with the DOT, however, the concerns drivers are having is due to the following statement, found in the CSA 2010 document which states:
“Driver Fitness BASIC—Operation of CMVs by drivers who are unfit to operate a CMV due to lack of training, experience, or medical qualifications.” The “medical qualification” that many drivers are concerned with, is the possible disqualification due to being overweight.
Concerned about the BMI tests and the costs of the CPAP, as well as the possibility of losing their jobs, many truck drivers are investigating the option of gastric sleeve surgery. Furthermore, many truck drivers with a BMI of 30 and over are looking at CSA 2010 as the incentive to lose the weight that they have been wanting to lose anyway, but due to the trucking lifestyle, never had that “push” they needed to do so.
We have done exhaustive research into this procedure and wanted to share what we have discovered with our readers :
Gastric sleeve surgery in the United States will cost between $18,000 and $35,000 and many insurance providers will not pay for the procedure unless the patient has a BMI of 40 or more, or if there is a health risk involved such as diabetes or heart disease. With the average long haul truck driver making $32,000 per year, it is nearly impossible for them to have the Sleeve Gastrectomy procedure. More truck drivers across the country have discovered another alternative with incredible results.
To learn the truth, we went directly to the source :
Almater Hospitalis a private hospital with state of the art equipment, located in Mexicali, Mexico. Dr. Alberto Aceves specializes in the gastric sleeve surgery and has performed nearly 1000 surgeries. His credentials include:
Member American College of Surgeon
Member American Society for Briatric and Metabolic Surgery
Current President of the Mexican Association for Bariatric Surgery
Member International Federation for the Surgery of Obesity
Member Mexican Association of Endoscopic Surgery
Member Mexican Association of General Surgery
Member General Surgeons College of Mexicali
FACS (American College of Surgeons)
Dr. Aceves and Staff
We contacted Dr. Aceves’ staff to discuss the gastric sleeve surgery and to learn more about him and the Almater Hospital. The biggest concern with a sleeve surgery is having a leak. Dr. Aceves has never had a leak with any of the sleeve surgeries he has performed. The Almater Hospital is above the statistics for this procedure and no other doctor in the United States or Mexico has this great of a record with this number of surgeries performed.
In the U. S. most sleeve surgeries are done as an out-patient procedure. Dr. Aceves keeps his patients in the Almater Hospital for three days for recovery. He and his staff’s biggest concern for American patients is that they will get trapped in attending one of the many facilities in Mexico that offer the procedure at a very low price, but in return, they are having a great deal of complications, including infections and poor sterilization. Dr. Aceves and the Almater Hospital believe in not sacrificing quality to lower prices. Speaking with Nina Eguia, patient coordinator at the hospital, she told us:
“The doctors in Mexico doing surgery at lower prices are having a lot of complications and sacrificing quality. It is a shame that patients go to them to save money and end up with complications they really cannot afford or having to stay off work for months to recover, because procedures are not done correctly or with sanitary standards.”
The Almater Hospital in Mexicali, Mexico are seeing and hearing from more American truck drivers and we wanted to research this more. What we found is an excellent hospital and staff with exceptional standards. As the U. S. is charging $18,000 to $35,000 for the gastric sleeve surgery, Dr. Aceves total cost for the procedure, including the hospital stay and everything . . . is $9,500.
As CSA 2010 grows closer and truck drivers are threatened by their BMI in regards to a possible positive sleep apnea diagnosis, they are questioning the use and cost of forced and expensive sleep apnea testing and a CPAP machine. Instead of only treating the effect of the problem, why not treat the cause? The cause being the overweight issue that they feel they may be flagged for . . .
I feel that this information on Dr. Aceves and the Almater Hospital in Mexicali, Mexico is imperative for truck drivers facing this problem to be aware of . . . in fear of losing their jobs and the fact that they look at CSA 2010 as the push they needed to do something about their weight and to become healthier . . . if there is another reliable, trustworthy and safe solution that will save them thousands of dollars . . . then we wanted to provide this information for them.
Let’s face it . . . how many truckers can afford $18,000 to $35,000 even when their livelihoods are at stake? Dr. Alberto Aceves and his professional staff at Almater Hospital are making the impossible . . . possible.
For more information contact:
Mexicali Bariatric center
Madero 1119-2, Colonia Nueva
Mexicali, BC 2110
U.S. TOLL FREE : 1-888-344-3916
Allen Smith
Hope Rivenburg and Congressman Paul Tonko in Washington DC
Hope Rivenburg notified us a few days ago that the official day designated to call your Senators and Congress Representatives for the support of more Safe Truck Parking would be set for June 28th, 2010.
We’ve discovered that the bill, Jason’s Law, has been stalled in the Transportation and Infrastructure Committee where James Oberstar of Minnesota resides as the Chair and John Mica of Florida is the ranking Republican. There is absolutely no apparent reason that this bill should not pass, especially since 2010 is “the year of safety”, which has been displayed by the enforcement of CSA 2010, an all out campaign by the FMCSA to improve highway safety by implementing stricter rules and regulation on both drivers and carriers. Presently, there are over 40 co-sponsors for the bill.
It only stands to reason, that Jason’s Law would go hand in hand with all the new safety mandates since it would be a major positive step to improve the safety of the general public and professional truck driver. Jason’s Law, H.R.2156, would implement more safe truck parking which would serve two- fold:
Create more parking for tired drivers to stop and rest, thus eliminating the danger to both themselves and the general public for the need to keep driving until they can find available parking.
Would reduce the need for drivers to seek and use secluded parking spots for them to park and rest. These secluded parking spots are open invitations for criminal acts of violence, which was proven by the senseless murder of Jason Rivenburg, of whom this bill is named.
First ask for the staffer in charge of transportation.
Then ask them to please ask their boss to co-sponsor H.R. 2156 known as Jason’s Law.
Explain that you live in their state and are very concerned about the risk of highway safety caused by the inadequate number of available parking facilities for professional truck drivers.
Also, explain that the drivers of these massive trucks are forced to drive tired until they can find accessible parking, causing a major safety risk to themselves and the general public. You can then go on to explain that the bill was named after a truck driver who could not find safe parking, and parked in an abandoned gas station where he was shot and killed for a measly $7.00
James Oberstar, the chair of the transportation and infrastructure committee, has a FaceBook Page. We also ask that you please state your plea on his page today. Only when we let this committee know that we are dissatisfied with the stalling of this bill, both through social media postings and flooding the phone lines on June 28th, will we be able to ensure that this bill will be passed.
The upcoming safety initiative for the trucking industry, CSA 2010 is beginning to show signs of becoming a big money maker for the States. According to a report received from a driver, a Georgia state officer was reported as saying that the State of Georgia is currently in the process of hiring and training 200 – 300 law enforcement officers that will perform DOT inspections on truck drivers when trucks are pulled over for any type of violation within the CSA 2010 safety analysis.
Due to the recession, many municipalities experienced cutting back on police officers and other law enforcement personnel due to city, county and state budgets. Thanks to the new safety plan for the trucking industry, it appears states are beginning to see a huge windfall of income. If this is true, Georgia and other states that will surely follow, must be looking at CSA 2010 as their means of a new plan for profit.
If the state of Georgia can come up with enough money to hire, train and pay for 200 – 300 more officers, then they must be looking at CSA 2010 on paying the bill. Of course, who will really be paying the bill are the truck drivers and the motor carriers.
Can you see the abuse of a new trucking safety plan taking place? You can come up with new safety initiatives and programs every day to help stop unsafe behavior, but you can never stop political greed.
As professional truck drivers in the United States prepare to face the new FMCSA safety initiative, CSA 2010, I would suggest they prepare for a new battle that will soon be coming their way : the opening of the Mexican border. News out of Washington, D. C. is that President Obama and his administration will soon announce their new plan to reopen the border to Mexican trucks in a final effort to appease Mexico. This is also perfect timing in their quest to grant amnesty to the thirty or so million illegal aliens living in this country. This goes right in line with the President’s harsh words towards the state of Arizona for standing up for their rights to protect their border and citizens.
I would enjoy gathering together 30 million Americans, and on the count of three, we all run across the border into Mexico. I wonder how Mexico would react? Would we be allowed to stay there with no papers, no identification, no visas? Would Mexico allow us to live there in total violation of their laws? We could also make certain that 17% of the Americans who crossed over into their country were convicted felons . . . such as the case in Arizona. Furthermore, if Mexico fought back against us, then we could all go on a rampage and vent our frustration against their unwillingness to allow us to live in their country illegally.
What was it that President Obama said? Oh yea, “The answer isn’t to undermine fundamental principles that define us as a nation.” Am I missing something here? People who break U. S. law, living here illegally and in total disregard to our laws . . . is that not undermining America’s fundamental principles? Mexico does not allow such behavior. In fact, they will execute a “seek and find” expedition and you will find yourself, not just in a Mexican prison . . . but a Mexican military prison.Yet the United States is expected to dismiss those who disrespect our laws, our culture and our heritage and simply be allowed to live and work here just because this is America.
Is safety a real issue for the trucking industry? Is safety a real priority for the FMCSA, D.O.T. and Ray LaHood, the U. S. Secretary of Transportation? Or are they all simply victims of this Presidential Administration?
“President Barack Obama’s adminstration will soon announce its plan to reopen the U.S. border to Mexican trucks and end a dispute that prompted Mexico to slap duties last year on $2.4 billion worth of U.S. goods, a top U.S. official said on Thursday. President Obama’s team has worked very hard to put a proposal together. We will be announcing it very soon,” U.S. Transportation Secretary Ray LaHood told lawmakers.”
How will the FMCSA handle this safety crisis? Will the trucking industry figure out some other way to make American drivers pay for their jobs? Our nation drivers have always been the ones to pay the price, and usually in the name of safety. How can this industry forge ahead with new rules and regulations for trucking safety and be taken seriously, when we are about to open the flood gate to unsafe trucks and equipment? I would certainly hope that the President’s new proposal will have the needed restrictions that would not allow this to happen. Then again . . . we are talking about Obama.
However, let’s not forget George Bush either. Our Presidents’ are bound and determined to undermine the quality of the American way of life. Are we wrong to ask that immigrants who come to America, do so legally? Is the President of the United States suppose to be for the American people, the U. S. Constitution and the Bill of Rights? I really must be missing something here . . .
America is the greatest country on Earth and all are welcome here . . . but when they totally disregard our laws, why are we expected to ignore this violation? Try entering any other country on the planet illegally and see what happens. America is the only country . . . the only country . . . that is not protecting their borders.
The trucking industry is constantly throwing out the term “safety.” Safety this . . . safety that. It is always placing full responsibility on drivers, figuring out further ways to get their greedy little hands in their pocket books. If this administration opens the Mexican border and floods our highways with unsafe trucks and drivers . . . not to mention stealing more jobs from our professional truckers . . . then I say “safety” is just a joke within the American trucking industry.
While doing my daily Google news searches I came across an interesting article and video regarding CSA 2010. The video was made during a Driving for Profit Seminar directed to carriers, telling them about the importance of CSA 2010 and what they will need to focus on if they do not want to receive an unfit SFD ( Safety Fitness Determination Rating)
What surprised me, was that the speaker emphasized that the carriers main focus should be on the driver, not so they can work together in order to avoid violations, but rather to “get them under control”. He went on to tell them that it will be the driver who will ultimately determine the carriers SFD.
Not once does it mention the accountability of the carriers to be compliant. Rather than me explaining the video, watch it for yourself and see what you think he’s saying and what tactics he’s employing. Again, Drivers will not be rated
I made a comment, but as of yet I have not seen it posted. This is the comment I left on their blog
COMMENT-Allen Smith
I have listened to this video and there are aspects I’d like to address. First I’d like to say that Drivers will NOT BE RATED ( stated in the video), only Carriers. SFD ( Safety Fitness Determination) clearly defines this. It is true that drivers will have scores within the BASIC areas that can be observed, but even those will be limited to who can observe them.
For example, at the weigh stations : the inspector can ONLY see the carriers BASIC safety scores, but not the drivers. The driver data is based on the last 3 and 5 years of road side inspections and crash data. And only that can be seen for them.
The only DRIVER data available to roadside inspectors and future employers ( through a PSP form submitted with permission of the applicant driver) is the 3 and 5 year look back of roadside inspections and DOT recordable accidents.
What this means is that if your company has a high score based on poor past performance, then you have ( and the driver) a greater chance for a roadside inspection.
1) A Safety Fitness Determination (SFD) Rating is only for carriers; The present rating is satisfactory, conditional, and unsatisfactory. The future safety rating will be Continue Operation, Marginal, and Unfit. Again, no such rating for drivers, which means the FMSCA does not “pull a drivers CDL” or “Shut a driver down” as with carriers. The driver can be called in for a government intervention if HIS/HER scores are too high in the BASIC areas which are mostly evident as the Drivers Responsibility. However, even these intervention are most likely going to occur because the Carrier was flagged first.
Next, I would like to say that the statement in this video proclaiming that a carrier’s safety rating is developed by the drivers roadside inspections is misleading. Yes, it is the driver who will be pulled over for an inspection, but violations will not be accounted for by HIS/HER performance only. It is the violations that the company is responsible for ALSO within the 7 BASIC categories
Example: Speeding , reckless driving, improper lane change etc…Is the drivers responsibility. However, there are portions of the scoring violation system that clearly shows aspects of CSA 2010 scoring that THE DRIVER will NOT be held accountable for. Note: The Carrier on the other hand will be responsible for ALL violations, theirs and the driver.
In conclusion I would say it that the carriers need to: Keep their equipment in top condition and to make the appropriate repairs when needed. Also, if they do not want to have an Hours of Service violation which is categorized under “Fatigued Driving” then they should notify dispatch that forcing a driver to run illegally in order to make a pick up or delivery will no longer be acceptable. Another note to carriers: When a driver says he does not want to operate the vehicle or trailer because there are mechanical defects, this can no longer be taken lightly. In the past a driver could even be threatened about their job if he/she refused to use equipment that he/she felt would result in a violation if pulled over by DOT. Now the carrier needs to be aware that this behavior is not acceptable. Over weight loads will also be detected and noted and when the drivers advises that the load is overweight, the carrier can no longer dismiss this and force them to run with it anyway.
To say that “the driver is responsible for the development of the carriers score” is actually not creating a true picture of what CSA 2010 is all about. It is actually making carriers accountable for issues in the past that they were not. Carriers will need to LISTEN to the drivers and drivers will need to tell the carriers when things aren’t right and there is a chance for a violation during a roadside inspection. In turn drivers will also need to pay attention to the aspects of CSA 2010 that they are to be held responsible and accountable for.
The FMCSA safety initiative, CSA 2010, has certainly gotten the industry talking. The problem that I see now is that there is still too much misinformation being bounced around about the new safety program. The main reason for the wrong info is due to the fact that the program keeps changing. Nobody really knows what the final results will be when the CSA 2010 is fully implemented . . . it really comes down to a “wait and see” attitude.
Another problem with all of this, is that there is contradictory information, even on the government sites. I hear over and over that truck drivers will not be accessed scores through the CSA 2010 . . . I say that they will, just as the motor carriers will receive a score. At least, for the way it is written now . . . again, that could change, but I do not believe it will. Truck drivers, along with their motor carrier will be scored on their performances. The following shows what a Motor Carrier’s Rating Score will look like with the new safety program, with this card being named: Carrier Safety Measurement:
Motor Carrier Safety Score
This score card clearly shows a 98.6% score towards unsafe driving, along with other basic scores, against the motor carrier. This card can be found on page 35 of the SMS Methodology. As noted, the performance of the truck driver will be in direct correlation with the motor carrier’s score. As pointed out to me by Rickey Gooch of PrePaid Legal:
“Carriers will be judged by the FMCSA point system which is 80% driven by driver citations and inspections. If a driver decides not to fight a ticket, he or she is in fact, damaging the motor carrier he or she is working for.”
The only thing I would change in this statement is, “Carriers will be “scored” . . . “ just as truck drivers will be on a scoring system as well, with the below card being named: Driver Safety Measurement:
Truck Driver Safety Scores
The above driver score card shows how a driver can receive a score of 99.9% for unsafe driving, thus resulting in an intervention. Of course, we all know that more than likely, a driver of this caliber would be terminated by the company. This score card can be seen on page 36 of the same SMS Methodology.
Perhaps I’m missing something here? From what I see . . . there will be a CSA 2010 scoring system for both Motor Carrier and driver. The FMCSA may be twisting the terminology around by saying that carriers and drivers will be placed in a peer percentile to make it appear that a single score card will not be enacted . . . but I’m just not seeing it that way.
It’s no secret to everyone, drivers have been anticipating a lot of change and rumors of change within the trucking industry.
First there is the infamous CSA 2010, the description and explanation of which can alter depending upon which website you land on. Even the FMCSA website has changed a few things since it first released the plans for implementing the new laws in 2010.
The most recent notification by FMCSA is that there will be a delay in the implementation of CSA 2010 in order to incorporate “valuable feedback” which they have received from many. (rolled back to Nov 30th instead of July ) Last month we had a lengthy phone meeting with 4 members of the FMCSA in which Candice Tolliver of the Dept. of Transportation’s office of public affairs arranged.
During that meeting we shared many of the concerns we had for the drivers, including the fact that many times drivers cannot be responsible for the way a shipment is loaded, or the way equipment is maintained, and to hold a driver responsible for such ( not to mention receiving points of violation) did not appear to be fair or appropriate. Also mentioned to them was the fact that newly acquired CDL drivers would have an unfair advantage over veteran drivers as they will come on board with a “clean slate” since new drivers wouldn’t have any aquired data in the system for the required 3 year look back of roadside inspections or DOT recordable accidents.
We brought up many other concerns with the FMCSA during that meeting, plus written communication of 12 other questions and concerns. Ms Tolliver has advised us that they will be addressing and replying to our additional concerns in a write up shortly and will be sending it back to us. We will be posting their reply here on the blog.
Now, the “Driver Shortage” So what’s this all about? How many times have we heard this? Is there really a driver shortage? If there’s a driver shortage, why are so many drivers complaining about slow freight and low miles? Why are the companies continually lowering the drivers CPM? I had one driver write me today expressing he just can’t make it on 19/cpm !!!! That’s unheard of!
Next, along with the media cry of “driver shortage” will come the anticipated influx of new drivers. After all, if there’s a driver shortage, we better hurry up and get those schools pumping out more drivers. Here’s the irony of it all. In a time when so much work and effort is being placed into CSA 2010, ensuring the utmost safety for the highways, we’re going to be putting thousands of new inexperienced drivers on the road. How safe is that? Imagine thousands of people with 3 weeks of training and a couple of months with a company trainer driving on the highways.
Join us Thursday April 15th on Blog Talk Radio, Truth About Trucking “Live” as we address these and other issues that are starting to unravel which are being widely distributed by the media about the trucking industry.
We’ll discuss the truth behind the truck “driver shortage”, the cause and effect associatedwith the projected influx of CDL Training and new driver company training, and of course CSA 2010 and the effects towards drivers.
We urge you to join in with your questions and comments.
347-826-9170 You can either listen from your phone or from your computer.
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.
: ata, change, CSA 2010, hos, hours of service, trucking
y Allen Smith
