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"
Often truck drivers can find themselves in trouble when it comes to the required DOT medical drug screen. A legal, prescribed drug from your family physician can lead to termination from the trucking company if you fail to follow the correct procedure. Many times in the trucking industry, problems that arise that can cause a driver to lose his or her job could have been avoided.
The DOT drug screen looks for the use of a Schedule 1 drugs : amphetamine, narcotic or any other habit forming drug that is not legally permitted. They also check for the usage of illegal narcotic drugs including marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP). Very often, drivers who have received a legal prescription from their doctor fail to understand that this information should be provided to the motor carrier, especially when facing a DOT physical or drug screening. Most importantly, the information must be provided to the medical examiner before the screening takes place.
As an example, often truck drivers can be given a legal prescription for Lortab which is a combination of a narcotic painkiller and cough reliever with a non-narcotic painkiller for the relief of moderate to moderately severe pain. Since it contains hydrocodone, the hydrocodone is a narcotic, which is one of the things they look for from a DOT drug test. Therefore, if the driver fails to tell the company or medical examiner about the Lortab, the drug test will come back as a flagged and failed screening.
Most truckers understand that this type of prescription, though legal, contains a narcotic. By telling the trucking company that they are on this drug or others like it, they face the possibility of their employer telling them to take the two or three weeks off until they are better . . . or however long their doctor has prescribed the medication. This simply is not worth the chance of losing your job. If you are called to take a random drug test . . . you will now find yourself in a tough situation.
I am hearing more from drivers who have found themselves in this position. Don’t take the chance. Random drug tests could become more random in the future. If you have to be on a prescribed narcotic . . . tell your company immediately. It’s better to follow company policy and be told to take the required time off, than it is to be terminated for not following the correct procedure.
A recent article posted in the Newspaper.com stated that the Department of Transportation was promoting women to enter a career as a professional CDL driver: “US Transportation Secretary Ray LaHood wants to put more women behind the wheels of big-rigs.”
However, after researching, we have found that the programs being funded are targeted for women at the college graduate level.
According toThe announcement, “U.S. Transportation Secretary Ray LaHood signed an agreement with the Women’s Transportation Seminar (WTS) International to encourage women to complete undergraduate and graduate degrees in science, technology, engineering and math – while pursuing careers in transportation.” This program does not appear to be targeted towards CDL professional truck drivers who are considered “unskilled” labor by the Department of Labor.
Secretary of the US Department of Transportation, Ray LaHood announced at a Women’s Small Business Day hosted by the Department of Transportation (DOT), that he would like to see more women in the transportation industry by expanding an existing intern program.
According to a recent press release , the program is one of several internships and fellowship programs offered through the U.S. Department of Transportation for both high school and college age girls. The expanded effort supports President Obama’s mission and the work of the White House Council on Women and Girls.
Although the idea of encouraging more women into the transportation industry is to be applauded, the thought of using transportation funds for this, rather than for the repair of roads and bridges or securing more safe truck parking ( such as Jason’s Law, HR 2156 and S970) must be questioned.
Recently we were told by a staffer in the Highways and Transit subcommittee that funding was low and that this is a main reason that Jason’s Law has been sitting in the Transportation and Infrastructure Committee. So where then, are these funds coming from which are being used to promote more women entering the trucking industry? I would think that we would be more interested in repairing the roads and protecting our “unskilled women” who are already in the industry driving big trucks.
This does lead up to another problem which should be mentioned:
There is and has been a strong recruitment movement going on via organizations, truck driving schools, trucking companies, government work force placement programs and grants and incentives, in order to encourage more women to enter the “unskilled” level of the trucking industry as a CDL driver.
This is a major concern of ours and others alike, as the CDL training going on within trucking companies has not been one to be admired. Often women are not told what to realistically expect when entering a CDL training program, including the fact that they will be living in a truck for 3 months with a total stranger, the trainer.
Many times the requirements for drivers to be trainers are no more than the “desire for them to be one.”
The fact that there are no strict guidelines set up by many of the companies has caused numerous problems for trainees, including the lack of a way for trainees to safely remove themselves from situations which could either cause emotional stress or even worse, bodily harm.
There has been a tremendous increase in women entering the field of truck driving, and yet the number of actual women drivers has not significantly increased, still sitting at five to six percent of total drivers. So where are all those increased “numbers of women” entering into trucking that have been recruited? Why isn’t the increased figure of women drivers entering matching the number of actual drivers? The main reason is . . . that they do not stay for very long, many not making it past the training process. This is a clear sign that something is wrong in the way that many trucking companies conduct their CDL training programs.
So I suggest this to everyone promoting the advancement and promotion of women entering the trucking industry:
Create a program to protect the women that you have already encouraged to enter the industry, before you try to promote more women to come in.
I challenge every organization, company, or government program to create a data base of driver statistics which includes all women they have successfully recruited into the industry as a CDL driver, and then maintain records to follow up with them in order to determine if they are still driving, and if not . . . WHY?
Would this not make more sense? I for one, would like to know why more and more women are entering the trucking industry, and yet their numbers are not going up?
I believe if you are reading this that you would like to know too.
In that article we discussed how Truck Driver Fatigue was being used almost synonymously with the condition called sleep apnea. We showed how the data of the study was not truly representative of the results that were being spread around the various media sites.
We also discussed in that article and a follow up article what the real major reasons for truck driver fatigue were caused by.
On May 19th we had a Blog Talk Radio Show, “Truck Driver Fatigue and the Sleep Apnea Deception,” discussing these finding and results, and discussed the many reasons and major causes of truck driver fatigue…and it was not sleep apnea as so many would have you believe. We did however on the show demonstrate that sleep apnea is a real and serious condition which should be treated, just not the major cause of driver fatigue which seems to be the latest and greatest “ alarm for a new mandate driver screening.”
During the show that evening, less than halfway through the show, a caller called in, defending the statistics and study conducted by the FMCSA. The call was from Bob Stanton, a speaker from the recent Sleep Apnea and Trucking Conference 2010 which was held just a few days prior to our Blog Talk Radio Show. Mr Stanton said that there were newer studies performed by the FMCSA, including ones still in process, that indeed did correlate with the FMCSA’s figure of 30% of truck drivers have sleep apnea. He also stated that the study and data we used was a different study. Basically, the call was to rattle or intimidate us, not to mention an attempt to discredit our research and information. Fortunately, we had done extensive research and felt confident to discuss the topic, and rightly so.
After the show I wrote Mr Stanton and requested that he email me links to the information regarding the new studies on sleep apnea which would support the 30% of drivers have sleep apnea figure which is being so loosely stated as concrete fact.
I did receive an email back. The first paragraph was an apology for the way he spoke on the radio show, commending our research on the topic. He went on to state that it’s not the % that matters, but rather the correlation between untreated sleep apnea and the increased risk of crashes by CMV drivers. Well, if it’s not the % that matters, why is everyone who is supporting mandatory screening using % to have law passed….give me a break!!
"To me the real issue is not what % of drivers
may have sleep apnea.
The real issue is ... Is there a clear coorelation beteween
untreated sleep apnea and an increased risk of crash in
CMV operators in studies done in the US."
Mr Stanton also sent me a few attachments and an article ,which included a bibliography which may support further findings and possibly add to our research. He also sent the pdf which was utilized to support the “30% of drivers have sleep apnea rage”, FMCSA driver 28% more likely to have OSA.pdf( Again, notice who’s making a big deal over the %?)
After carefully reviewing everything, I could not find data which correlated CMV crashes and drivers with sleep apnea.
Also, the PDF of the new study FMCSA driver 28% more likely to have OSA.pdf, which was suppose to support that high % driver with sleep apnea figure, was actually based on the original pool of 1391 drivers study within a 50 mile radius, and did not equal the exaggerated 28% figure of both the FMCSA and ATA ( according to my math anyway) but rather indicated the following: 9.8% drivers had mild sleep apnea ( not 17.6%), 3.2% had moderate sleep apnea ( not 5.8%). and 2.7% had severe sleep apnea ( not4.7%)
So rather than 28% having sleep apnea as suggested ,the number is reduced to 15.7%, with the majority of those figures displaying mild sleep apnea.
You may wonder why these %’s are so different?
Simple. It appears that when the calculation were made, the total # of drivers was not included in the calculations when deriving the %’s, but rather just the drivers which had been screened through the questionnaire. This is apparent by reading the part that says,” based on the results of several tests” Remember, only the drivers that were screened to possibly have sleep apnea were tested in the study ( not the entire 1391 drivers), therefore the % concluded are not a true representation of the entire pool of random drivers. ( You really can make numbers say anything you want!)
These kinds of calculations were explained in detail on our Blog Talk Radio Show and also in the first article
FMCSA Finding from ” A study of Prevalence of Sleep Apnea Among Commercial Truck Drivers”
“A major goal of the study was to determine the prevalence of sleep apnea in
commercial truck drivers, based on the results of several tests conducted on
a random sample of commercial driver’s license (CDL) holders living within
a 50-mile radius of the University of Pennsylvania.
The results of the study revealed that 17.6 percent of CDL holders had
mild sleep apnea, 5.8 percent had moderate sleep apnea,
and 4.7 percent had severe sleep apnea.”
I believe by modifying the questionnaire which was given to the 1391 drivers who responded for the study, a higher number of positively screened applicants through the questionnaire were tested this time ( 406 screened positive the first time and 778 the second. ) This appears to be the major modification in repeating the study , not an entire new random pool of drivers which the caller suggested : ( unless by a huge coincidence, the same exact number of 1391 drivers responded to the study? I doubt that seriously)
I will say this, I do agree that it would be important to see a correlation between sleep apnea and truck crashes. So far I have not seen data to support this. If anyone has a study to prove otherwise, please reply to this post with the link to the study.
Finally, let’s not lose sight of the purpose of these posts. We are NOT saying that sleep apnea isn’t a serious condition that one should not be treated for. We are saying that truck driver fatigue is a serious problem that can not be solely blamed just on sleep apnea. As long as we’re all on the same page with safety and truck driver fatigue, let’s investigate everything involved in driver fatigue that can be attributed and possibly cause danger to all of our safety.
Driver lifestyle, sleep patterns, hours of continuous driving, lack of quality sleep, interruptions of sleep from qualcomm, shippers and receivers not keeping appointment time, drivers forced to drive when tired or out of hours ( gotta get that hot load delivered), and the nature of the profession all play major roles. If a mandate is to be made to screen drivers for sleep apnea, then each driver should also be required to fill out a truck driver fatigue questionnaire asking :
Have you ever been forced to drive by your company when you were either out of hours or too tired? If so, how often, which company?
Have you been forced to stay awake and missed your sleep because your appointment time was late by shipper or receiver? If so, how often, which company?
Were you ever woken from sleep by the qualcomm to ask a question that could have waited? If so, how often? Which company?
Are you satisfied with the way the present HOS are set up?
Perhaps a study and investigation to the above questions should be conducted in order to correlate fatal crashes by CMV drivers as a result of sleep deprivation caused by trucking companies, shippers, receivers and HOS rules that are not in the best interest for the lifestyle or circumstances that exist for the professional truck driver. These causes of truck driver fatigue are equally as serious as sleep apnea. They all force drivers to drive with inadequate or lack of quality sleep and should all be addressed in equal proportion to one another.
Driver Fatigue is no stranger to the trucking industry. The FMCSA has performed studies in the past in order to better understand what causes driver fatigue and how to reduce it by correcting the major contributing sources.
Back in 1996, a 7 year study, The Commercial Motor Vehicle Driver Fatigue and Alertness Study (DFAS), was published by the FMCSA evaluating driver fatigue. At the time, Hours of Service was under review and many contributors to driver fatigue were considered. The cost of this study was 4.45 million dollars. This is the Introductions written by the FMSCA concerning this study.
“The Driver Fatigue and Alertness Study (DFAS) was the largest and most comprehensive over-the-road study ever conducted on driver fatigue and alertness in North America. It provides extensive information on the alertness, driving performance, and physiological and subjective states of commercial motor vehicle (CMV) drivers as they perform real-life, revenue-generating trips. This Executive Summary overviews the objectives, methods, principal findings, and safety implications of this landmark 7-year study.”
During this comprehensive study this is what was concluded in regards to the concerns of Sleep Apnea:
“Although this study was not designed to determine a population prevalence, analysis of subject sleep revealed that two of the 80 drivers (2.5%) had clinically-diagnosable apnea, a sleep disorder characterized by breathing cessations. The driving performance of these two individuals was not statistically different from that of other comparable drivers in the study.”
The Study concludes with:
ASSESSMENT OF RESULTS FOR FATIGUE MANAGEMENT:
“There is no quick fix and no single solution to the fatigue problem. Sleep is the principal countermeasure to fatigue…. Partnerships among government, industry, drivers, safety groups, the scientific community, and shippers are needed for effective solutions to the commercial motor vehicle driver fatigue problem.”
In an article by Misty Bell of eTrucker , Mary Gunnels, director of the Federal Motor Carrier Safety Administration Medical Programs made the statement “We know that fatigue is a problem,” she said, “and we know that sleep apnea is a major contributor to fatigue.”
Do we really know that sleep apnea is the major contributor? Where is the data?
In that same article, Martin R. Walker, chief, FMCSA Research Division, pointed to the prevalence of sleep apnea in commercial truck drivers, noting that a study published in 2002 found that almost a third of CMV drivers have mild to severe obstructive sleep apnea. This study, along with a later study, found that older age and higher body mass index are two factors commonly linked with sleep apnea.
30% of drivers have mild to severe sleep apnea? How could that be? The 7 year study performed by the FMCSA didn’t come close to those figures?
I decided to look at the research, and this is what I came up with:
It appears that these figures and statements made during the Sleep Apnea & Trucking Conference of May 12, 2010 were possibly based on this study. At least this is the only study I could find actual data on.
The study was conducted by the University of Pennsylvania Sleep Apnea Study. The research was conducted during 1996 to1998. Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness. This study was completed to assess the risks of commercial motor vehicle (CMV) crashes due to the presence of sleep apnea among truck drivers.
Basically, this study involved 1391 drivers. The drivers were asked a series of questions, including their height and weight, sleep patterns, medical history, snoring, etc. This was used as a screening process to determine which drivers were most likely to have sleep apnea. Out of the 1391 drivers, 406 were selected as a result of their questionnaire, to proceed with the overnight laboratory study in order to determine how many of them were accurately predicted to have sleep apnea.
The results were as follows:
64% or 260 of the 406 flagged for most likely to have sleep apnea had no sleep apnea.
21.2% or 86 of the 406 flagged for most likely to have sleep apnea had mild sleep apnea. 7.9% or32of the 406 flagged for most likely to have sleep apnea had moderated sleep apnea.
6.9% or 28 of the 406 flagged for most likely to have sleep apnea had severe sleep apnea.
Now, the above percentages and figures are for the 406 flagged drivers. When you perform the calculations based on the group study of ALL 1391 Drivers, here are the results ( the calculation required to accurately represent and determine % of ALL drivers):
2.0% or 28 of total 1391 drivers had severe sleep apnea ( matches the 1st study by FMCSA- DFAS) 2.3% or 32 of total 1391 drivers had moderate sleep apnea 6.2% or 86 of total 1391 drivers had mild sleep apnea.
This would mean that only 4.3% of drivers have moderate to severe sleep apnea. If you include mild sleep apnea, the % jumps to 10.5%
The following statement in the report however is the most revealing of all:
“The results of the study showed that the prevalence rates of sleep apnea among commercial truckdrivers are similar to sleep apnea rates found in other general populations.” The study also revealed that the prevalence of sleep apnea depends on the relationship between two major factors – age and degree of obesity as measured by body mass index (BMI) – with the prevalence of sleep apnea increasing with increasing age and BMI. Another meaningful study finding showed that the prevalence of sleep apnea depends on the average duration of sleep over consecutive nights at home. Short sleep duration, six hours or less per night, results in an increase in the prevalence of sleep apnea.”
Here’s that last statement again which has not been mentioned by the authorities and experts as a major source of sleep apnea,” Short sleep duration, six hours or less per night, results in an increase in the prevalence of sleep apnea.”
When you consider that the average OTR truck driver gets 5.2 hours sleep/night, then you have to wonder if it is the trucking industry lifestyle, behavior, and rules which are major causes for driver fatigue and also for creating/inducing “driver sleep apnea.”
The original hypothesis tested was the following: “A driver diagnosed with sleep apnea is more likely to be involved in a motor vehicle crash than a driver with no history or symptoms of sleep apnea, after controlling for differences in the other predictor variables included in the model.“
Finally, the study concluded to say, “No association was found between sleep apnea presence or severity and multiple crashes. This suggests that the commercial drivers in this study who were diagnosed with sleep apnea were not at increased risk for having more than one crash over the 14 year period prior to and following diagnosis…. Furthermore, there was no evidence from the data used in this study to suggest that crash risk is impacted before and after drivers are diagnosed with sleep apnea.”
There are many reasons for Driver Fatigue, and despite what many would like you to believe, lack of available sleep is the major cause. Sleep Apnea appears to represent a much smaller percentage than what is being stated. The data strongly suggests this.
Although sleep apnea is a real condition, it represents a much smaller percent of the driver population than the FMCSA and the ATA are suggesting. To screen a driver by height and weight (BMI), and neck size ( 17 or greater) is not only discriminatory, but is ludicrous. To force drivers to pay for the testing based on such information is simply wrong and unjust. A serious look at other reasons for driver fatigue should be investigated.
On the other side of that coin, if you do believe you may have sleep apnea, then you should by all means be tested and start the treatment.
The FMCSA needs to create laws, ensuring that drivers are not sleep deprived rather that associate driver fatigue on the hype of sleep apnea. It appears this is just a way to take the attention off of the real and valid reasons that drivers are fatigued, thus relieving the responsibility from carriers, shippers, and receivers who are all a part of depriving drivers from the rest they need. It’s also a way to deviate attention from the present HOS rules which need to be modified in order to aid in better and more rest for drivers.
Creating a sleep apnea testing program will be a BIG money maker for many as well as one more excuse to eliminate “undesirable” drivers from the 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.
What is “Due Process?” The Fifth Amendment to the U.S. Constitution provides that no person shall be “deprived of life, liberty, or property, without due process of law.” If a public employee has a property interest in a job, he or she cannot be discharged without due process. Due process requires that the employee be given notice of the reason for being discharged and a fair hearing at which to contest the decision.
But when is a job considered “property”? An employee has a property interest in a job if there is:
a written or implied contract granting the employee a property interest in the job;
if past practice of the employer shows that the employee has a property interest in the job; or
if a statute gives the employee a property interest in the job
Therefore, if a truck driver, already employed by a trucking company, re-takes the DOT physical exam and passes, and the medical doctor signs off on the medical card, would this not constitute “property interest” on part of the driver? Shouldn’t the driver have the right to due process? How could the trucking company terminate the driver on grounds of “health condition” when the driver had been given the green light from the DOT medical examiner?
To make matters worse, this driver has not been able to find an attorney that will stand up for this drivers’ “Due Process” rights.
The driver sent me an email explaining the situation. After the email, is my short reply to him with links I thought would be helpful. In posting this, I hope that perhaps our readers could provide some insight into this matter, and more importantly, an attorney will step up and help this driver in need.
Here’s the email:
Mr. Smith,
First of all, let me introduce myself. My name is John M. and I am a former CDL Class A tractor-trailer driver and a resident of Cocoa, FL. I started driving big trucks fairly late in life, at age 58 and made it to 60 when my world and my life, most assuredly, fell apart.
I hope that I am not being presumptuous in taking this liberty to share my story with you, Mr. Smith. It is a story that my former driver-colleagues (the survivors, I call them) have taken great interest in, for even the old-timers have never witnessed anything quite like what has transpired with me. If you do continue to read this email and find it of interest, you are quite free to share this email with any of the many contacts in the trucking industry that you’ve developed over the years. They may also find it interesting and perhaps even thought-provoking.
My story, in its simplest and most basic form, is nothing more than this:
Come time to renew my DOT physical certificate, I passed the physical and have (since the very day that I passed my physical) been barred from making a living with my former employer. Ultimately, I was terminated by this company under the general guise of “your recent health condition” as the termination letter stated.
If you’re like most people, Mr. Smith, you’re probably saying to yourself “there must be more to this story.” Indeed, there is MUCH more to the story, none of which, I submit to you, has the first thing to do with my health or any so-called “health condition” cited in my letter of termination. It has everything to do with how people more powerful than myself, for whatever their reasons and motives, can, through force and coercion, herd a perfectly healthy man into an impossible corner (at least, it ended up being impossible for me for a number of different reasons) from which there is no escape. And then actually destroy his/her very health and well-being because they stole their very livelihood away from them.
I’m not trying to be overly-dramatic when I use such words. This is exactly what has happened to me and it could well end up happening to many others in the trucking community if the mad-dogs-of-war against truckers continue to roam freely and consume their victims.
As with just about any topic concerning this industry, literally, ALL responsibility and burdens are being placed directly on the shoulder of truckers. Whether it be my circumstance, the Virginia parking problem … ANYTHING. Everything falls, all consequences, fall on the shoulders of the beleaguered trucker. Like so many others, I was aloof as to what truckers actually go through until I, too, finally experienced strapping on 80,000 lbs. of tractor/trailer and freight and then let out the clutch. Now I’ve driven more than a few miles in the shoes of these remarkable men and women. They are truly the REAL heartbeat of America.
I first learned of you and your work while researching for some material that would, hopefully, bolster a case for what ended up being, I certainly believe, wrongful termination from my former employer, which is a large Florida- based trucking firm. The particular article that I took away from your site as a result of that initial search was the following …
After that initial introduction to your web site, I did, indeed, purchase your e-book on 17 January 2009. It is a well-done and most valuable publication, Mr. Smith. One that I so wish I’d had before embarking on this, as it turns out, relatively short-lived career. You’ve provided a valuable service and much valuable information for not only those thinking about pursuing a trucking career but for those already involved. You are to be congratulated. (You are more than welcome to use my words as a testimonial, if you so wish to, Mr. Smith.)
Anyway, my reasoning for seeking out such information, in the first place, was my hope to demonstrate the utter hypocrisy of those destroying my life. Perhaps expose the many hypocrisies that exist within trucking in general. The trucking industry, for sure, has some legitimate problems that do, indeed, need to be addressed, as can be gleaned from your link just above. All that I was, and still am, trying to prove is that, again, trucking does have its unique problems. I just wasn’t one of them – and I say that humbly. But I was “converted” into a “problem” … where NO problem whatsoever ever existed to start with, by any rational, reasonable and everyday common sense measures.
Let’s just say that, like airline pilots who carry “loss of license” insurance, I wish that I’d had a ton of such an insurance policy. To my knowledge, though, no such insurance exists in the trucking industry. Puh-lenty of ways to lose one’s license. Just not many, if any, “antidotes” for such an eventuality, or so it seems.
Believe me when I say, Mr. Smith, the No. 1 cause of truck accidents cited in your posting – Prescription Drug Use 26% – is a very large component of my story. Not because I was on any prescription drugs – but because of my refusal to be “medicated” by the world of Big Pharma! Please understand that the promotion of the wonderful world of prescription drugs, by parties who held my very driving career in the palm of their hands, came AFTER I returned from the medical examiner’s office … with a passed medical certificate in my hand!
Attached to this email, Mr. Smith, is what I passed along to one of Orlando’s largest and well-known law firms, just last week. Hopefully, it will fill in some more blanks for you. All that it availed me was to incur my fourth rejection from as many different law firms who, supposedly, claimed to have expertise in “employment law”. For some reason, when I approach them and they get a glimpse at my case, they all of a sudden really don’t seem to practice employment law anymore. I’m not sure what to make of all these rejections, quite honestly.
So at this juncture, since it doesn’t appear that I’ll ever find legal relief, I wanted to present my story to you, Mr. Smith. Again, I hope that I haven’t been presumptuous in doing so. I fully realize that this email has already grown fairly long. For that I apologize but there is no easy or simple way to explain the full story on the quick and short. Still, it is my hope that you’ve found my words to of potential trucking community interest. I will certainly answer any further questions that you, or anybody else, may for me.
I have come to believe that I may possibly have a “due process” violation case. All that I think that I can say for sure, Mr. Smith, is that common, “everyday people”, such as my former driver colleagues, think that I was treated unjustly and unfairly. If they’re correct in their assessment, then I want to see what I can do to make sure that nobody else in the trucking community suffers as I have. None of this had to happen, for there never was a problem to start with. Until one was “manufactured”. I wouldn’t be writing this email if this “manufacturing” of non-existent problems had not happened.
I passed the physical … now, let me get back to work. Just that simple. That’s all that should have transpired. But it was not to be … and my life is in absolute tatters now.
If you’re down “here” now, Mr. Smith, I can’t thank you enough for taking your valuable time to hear me out. Once again, I consider this letter public now, if you wish to pass it along to others for their assessment. Again, I’ll be glad to answer any question that you or anyone else may have for me. Certainly, any advice and counsel would be greatly appreciated.
Thank you for everything that you do for all truckers, Mr. Smith.
Respectfully yours,
John M.
Cocoa, Florida email – champ7eca@bellsouth.net
My reply:
Hi John:
I am working on posting your story to our blog and through some research, I found the below site while investigating the “due process” legalities:
This evening, April 15th, 2009 at 7 PM EST, Truth About Trucking “LIVE” talk radio show welcomes special guest, Jeffrey Caldwell, Chief of Communications for the Virginia DOT. Mr. Caldwell will give as much of his time as possible to speak about the closings of many Virginia rest areas, the safety issue this imposes on professional truck drivers and will answer as many questions that time will allow.
As one of the hottest topics in trucking today, be sure to join us this evening, 7 PM Eastern Standard Time as Truth About Trucking “LIVE” presents both sides of the story . . . only on Blog Talk Radio.
At first glance, it would seem that positive thinking and Attention Deficit Disorder (ADD) have nothing to do with one another. But many people with ADD develop negative thinking patterns because they become frustrated by their challenges and frequent feelings of being overwhelmed. This negative outlook then makes it even harder for them to manage those challenges and move forward.
Practicing positive thinking allows people with ADD to focus on their strengths and accomplishments, which increases happiness and motivation. This, in turn, allows them to spend more time making progress, and less time feeling down and stuck. Those in trucking can fall into a “negative” trap also, due to all of the hardships and struggles a driver faces on a daily basis. Problems with the shippers and receivers, dispatchers, traffic, DOT, law enforcement and the general public can, over time, lead to a negative outlook on life…and even depression
The following tips provide practical suggestions that you can use to help you shift into more positive thinking patterns:
1. Take Good Care of Yourself
It’s much easier to be positive when you are eating well, exercising, and getting enough rest.
2. Remind Yourself of the Things You Are Grateful For Stresses and challenges don’t seem quite as bad when you are constantly reminding yourself of the things that are right in life. Taking just 60 seconds a day to stop and appreciate the good things will make a huge difference.
3. Look for the Proof Instead of Making Assumptions A fear of not being liked or accepted sometimes leads us to assume that we know what others are thinking, but our fears are usually not reality. If you have a fear that a friend or family member’s bad mood is due to something you did, or that your co-workers are secretly talking about you when you turn your back, speak up and ask them. Don’t waste time worrying that you did something wrong unless you have proof that there is something to worry about.
4. Refrain from UsingAbsolutes Have you ever told someone “You’re ALWAYS late!” or complained to a friend “You NEVER call me!”? Thinking and speaking in absolutes like ‘always’ and ‘never’ makes the situation seem worse than it is, and programs your brain into believing that certain people are incapable of delivering.
5. Detach FromNegative Thoughts Your thoughts can’t hold any power over you if you don’t judge them. If you notice yourself having a negative thought, detach from it, witness it, and don’t follow it.
6. Squash the “ANTs” In his book, “Change Your Brain, Change Your Life,” Dr. Daniel Amen talks about “ANTs” – Automatic Negative Thoughts. These are the bad thoughts that are usually reactionary, like “Those people are laughing, they must be talking about me,” or “My dispatcher wants to see me? It must be bad!” When you notice these thoughts, realize that they are nothing more than ANTs and squash them!
7. Increase Your Social Activity By increasing social activity, you decrease loneliness. Surround yourself with healthy, happy people, and their positive energy will affect you in a positive way!
When it comes to trucking, protocol is pretty much the religion. To know the things needed to do are the basics of productivity, but interaction and having a steady mind makes up the entire whole of true productivity. There are those who seem to work well even under pressure, but not everyone can do this. We are human and imperfect. To get these little things like stress under our skin won’t solve our problems. Sometimes it’s best to just stop, step back and relax for a moment. We only have one life to live . . . why live it stressed, worried and with a negative outlook?
If your current truck driving job is not working for you financially, then find another one. Being constantly surrounded by “negatives” will only cause you to miss out on the positive things of life. Don’t let trucking rule your life . . . stop now and then . . . and smell the roses.
Due to the controversial topic: “Can CDL Truck Drivers Carry Guns?”, I have researched and found a Federal Law that so many drivers are looking for. Read what an actual Federal Law states about this topic, to put it to rest, once and for all. ( or maybe not)
Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, “CDL Truck Drivers Carrying Guns,” much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:
Title 18 Setcion 926(a). The peacable journey law.
TITLE 18–CRIMES AND CRIMINAL PROCEDURE
PART I–CRIMES
CHAPTER 44–FIREARMS
Sec. 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.
OK…now that we have the Federal Law on this matter, what does it mean? I would say that you could give this to 50 attorneys, and all 50 would interpret it differently! I believe what it is saying, is what I originally wrote in my previous articles….a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through. Thus my point again…city, county and state laws may be the prevention for CDL truck drivers to carry guns…
Trucking and taxes go hand-in-hand. But trucking companies and owner operators in trucking who have an ICC number or who are leased to a carrier that has an ICC number can save on sales tax in some states.
Some states, like Oregon, Montana and New Hampshire, have no sales tax at all for any retail purchases.
Other states, like Ohio, Indiana, Illinois and Pennsylvania, will provide a form to fill out and sign. If a trucking owner operator or the trucking company he is leased to have an ICC number, the owner operator (or trucking company) does not have to pay sales tax in those states for the items bought for their trucks.
Good luck trying to get out of paying sales tax at Wal-Mart, but at the truck stop shop, they’ll know what you’re talking about. Consider that if you are buying a full set of drives you may be paying retail prices in the $3,000 range. At 6% sales tax, you will save $180. That is certainly worth the time to fill out a tax form.
Most retailers in the trucking industry won’t suggest to owner operators that they may be tax exempt. The owner operator will have to ask if the shop or supply store will honor that provision. Tax exemption forms create more paperwork for the retailers, so they tend to keep the uninformed truckers in the dark about it.
An owner operator who wants to save on sales tax would be wise to buy his supplies in one of these states. Whatever state you are in, if you get repairs, maintenance or supplies, always ask if they have a tax exempt form you can fill out. They may or they may not, but it is certainly worth enduring an occasional blank stare in order to double check.
States that should allow tax exempt status in addition to those already mentioned are Kansas, Missouri, and Washington. PDFs for many state sales tax exemption forms can be found online.
CoopsAreOpen.com is the only comprehensive online resource for over 1100 truck weigh stations and scales as well as state DOT weight regulations and policies. Knowledge of the varying policies and the ability to manage or avoid most weigh stations can save truckers thousands of dollars in ticket fines. For further information, contact Suzanne at information@coopsareopen.com or view Truck Weigh Station, Scales and State DOT Information at http://www.CoopsAreOpen.com
: DOT, drug screen, drug testing, medical examiner, narcotic, truck drivers
What is “Due Process?” The Fifth Amendment to the U.S. Constitution provides that no person shall be “deprived of life, liberty, or property, without due process of law.” If a public employee has a property interest in a job, he or she cannot be discharged without due process. 
This evening, April 15th, 2009 at 7 PM EST, 
At first glance, it would seem that positive thinking and Attention Deficit Disorder (ADD) have nothing to do with one another. But many people with ADD develop negative thinking patterns because they become frustrated by their challenges and frequent feelings of being overwhelmed. This negative outlook then makes it even harder for them to manage those challenges and move forward.
