By: Allen SmithTampa Bay Trucking Examiner

Allen Smith

Allen Smith

Local semi tractor-trailer drivers often find it nearly impossible to find work as an over the road truck driver.  Normally, trucking companies require six months to one year of verifiable, recent OTR driving experience.  Professional truck drivers who have been driving the big rigs locally for years, are often told that without this recent, verifiable trucking experience, they are not eligible for hire.  At minimum, these experienced drivers are told that they will have to take a driver refresher course, which can run between $1200 and $1500.  Well, not anymore.

Trucking Careers of America has joined forces with an over the road trucking firm which will accept local driving experience for OTR positions.  What has always been a major problem for truck drivers, their local experience can now be seen in a positive light, which it should have been seen as all along.

Furthermore, another problem many drivers face is being able to secure a truck driving job if they have been out of the driving force for any length of time.  Again, if a driver has not driven for a while, they are told that they have to go back to CDL school or perhaps pay for a refresher course.  It all goes back to the recent, verifiable driving experience.  There is good news for drivers who find themselves in this position as well.

If you are a driver with at least six months experience within the last three years, Trucking Careers of America can get you driving again.  With freight picking up in Florida and around the country, trucking companies will have to ease up on their hiring restrictions in order to meet any oncoming demands.

Truck drivers with a good work history and no problems on their DAC report or driving record, will be able to find that OTR driving job, even if their experience has only been locally or if they can show at least 6 months driving within the previous 3 years.

This is good news for professional truckers.

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How to Remove False Information From the DAC Report

By:  Allen Smith

Allen SmithIt is a constant battle.  Thousands of truck drivers unable to find another truck driving job due to false information having been reported to their DAC report.  The number of drivers affected is unknown.  Other false information is constantly being spread through-out the internet, such as one poster stated that the information on the DAC report is 99.9 percent accurate . . . yet, the poster provides no evidence of where this number comes from.  Of course, it is a percentage that he has just pulled out of the air, based on whatever his agenda is.   It is often not difficult to discover why such behavior goes on.  Such as the case of this poster making the 99.9% comment.  Hiding in the forum as a “driver” he is in fact,  an owner of a trucking company.  I prefer to deal with facts, not whimsical numbers and exaggerated statements from a trucking forum that will not allow those drivers to post their DAC stories and show their support of the  Stop False DAC Reporting petition.

Another trucking forum refused to allow us to post the link to the  DAC petition to their forum saying that we were “only trying to advertise.”  Perhaps I am naive?  I assumed that trucking forums were for the drivers?  If not, what do you think they are for?

Furthermore, when you dig a little deeper, trying to discuss the issues facing the industry and drivers today, I will receive a post back similar to:  “You are only trying to sell your eBooks.” Forget about the time spent answering emails, returning phone calls, posting to this blog, broadcasting our Blog Talk Radio show . . . it is all about “trying to sell your eBooks.” Once again, confirming my past article:  The Truck Driver’s Worst Enemy.

This is why I am not big on trucking forums.  There are only a handful of trucking forums that provide excellent, fair and honest postings.  As CDL students or new drivers, realize that whoever is answering your questions you post to the forum, you have no idea who they are.  One example is where a new driver asked a question about a certain trucking company and wanted to know if it was a good company to go to.  The answer he received was very positive, praising the company and advising him that it would be a great company to get on with.   A few months later the new driver was back in the forum, telling his poor experience with the company.  It was later identified that the answer had come from a recruiter of the said company.  Remember, this is still the internet . . . when asking advise and opinions inside these trucking forums, etc., it could be anybody with an impressive “handle” giving you advise.    A key sign to a poor forum is when you try to post a comment that is biased against the conversation that is occurring, and they will “not allow” your comment to post.  This is a sign the trucking forum or other various site, has an agenda of some kind.

I will generally get pulled into posting on some forums, but I mainly stay away.   Most of the forums just want to do what they have been doing for years and years . . . just the same old talk and “blah, blah, blah” but never really standing up and taking any action of any kind to help raise the standards of the trucking industry for both, the industry and drivers.  Taking actual “action” for a good cause is too much work.  The “blah, blah, blah” is much easier to do.

As far as complete accuracies for the DAC report, I have no idea what the numbers are.  Even if the 99.9% is correct, (which it is not), with four million active CDL drivers in the United States, that would mean that 4,000 drivers have had false information placed on their DAC report, ruining their livelihood.  Yet, I have received hundreds and hundreds of emails and letters from drivers across the country sharing their DAC stories with me, as well as having received, thus far, 1,043 signatures on the DAC petition.  Furthermore, I have received a large number of emails from drivers wanting to sign the petition, but fear being identified by their employer and losing their jobs.  I completely understand and would not want anyone to sign the petition if they thought they could lose their job for doing so.  Even if the number is only 4,000 drivers affected by false DAC reporting, what should we do?  Just leave them blowing in the wind?

Whether or not we can reach the number of signatures needed for State Representatives, Congress and the Senate to take notice, remains to be seen.  There is much more  to bringing about reform on an issue than just having a petition.  It takes letters, phone calls, emails and various means of drawing attention to the fact that the cause is worth the attention of those with the power to bring about the reform.  The best example of this is the undying desire shown by the Rivenburg family for House Bill H. R. 2156, Jason’s Law.

Will we make it?  I don’t know.  But unlike most of these trucking forums which choose to just send out meaningless chatter and find it too hard to stand up for a cause to help the industry and, most importantly drivers,  if we don’t make it, we can at least say we tried.  At least we stood up and took action . . . we did something.  I am continuing with the DAC cause and will further wait to see how it is shaping up . . . I have a lot of patience.

Recently I have been getting quite a few emails from some of you facing false information on your DAC saying that you “quit without notice” even though you advise that you never even worked for the company, only attended the orientation.  This is how a trucking company can place this on your DAC Report:

Once a company has assigned you a driver number, you are officially employed.  This number assignment is done during the orientation, in order to have you ready to go on your first load.  Even if the company tells you to go home and wait for your first load, having the driver number assigned to you and having been placed in their system, you are officially hired and an employee.   If you decide to call the next day and tell them you have chosen not to take the job after all, the company has to pay the accounting department, the HR department, etc., in removing the assigned number from you and pulling you out of their payroll system.  Not to mention the time and money they have put in with the training, motel expenses, food expenses and so forth.   Once that driver number has been assigned to you, legally your employment with the company has been accepted.  Even though you never actually drove for them, legally they can report that you quit without notice.

Is it the moral thing to do?   No.   Is it the ethical and right thing to do?  No.  Is it legal?   Yes.   Due to false information being placed on drivers’ DAC reports, naturally you want to work at having it removed.  The first thought is SUE!  The DAC services are very acquainted with law suits and will not even blink an eye at this threat.   The proper way to handle removing false info from the report, is to follow the procedures laid out by DAC.

  • Receive a copy of your DAC Report
  • File a Dispute
  • Provide a written statement accounting your side of the story

Sounds simple, right?   Here’s the key aspect that you need to understand about how to remove false information from the DAC report.  Its’ very simple . . . you must have verifiable, tangible, physical . . . some kind of PROOF showing that your account is indeed fact.  Without proof, without evidence, chances of having the false info removed is very slim.

They have specific procedures for drivers to follow to begin the dispute process and having false info removed from the report. The main reason drivers have trouble having false info removed, is because the driver has no physical or verifiable proof.

This was further ruled on from the ruling of the April, 2009 court case:

Eaton vs. Raven Transport

“The above case teaches that to hold the trucking company liable, the allegation MUST not only allege that the trucking company made a false report to DAC;  but that there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.”

Based on this case, it was determined by the courts that:

“The transport company cannot hide behind a “qualified privilege” when it makes intentional false statements on the DAC report.  The transport company will be held legally liable for such intentional and malicious conduct. Not only will the company be liable for compensatory damages resulting from the truckers’ inability to obtain work;  but its malicious conduct warrants punitive damages.”

Here is the actual quote determining the win for the driver:

“Plaintiff is a pro se litigant pursuing a claim related to losing his job as a truck driver. …Plaintiff has accused Raven of making defamatory statements about him to the EEOC and the DOL as well as to a potential employer, D. Krutiak Trucking (“Krutiak”). Raven has also been accused of releasing defamatory statements in a DAC Report, an employment-history database for motor carriers. Raven has moved to dismiss on the grounds that the statements that they made were privileged and not subject to liability.

Plaintiff claims that these statements were knowingly false and have made it difficult for him to secure other employment….. (a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, State or local statute, rule or regulation.

This privilege carries a rebuttable presumption of good faith. Qualified privilege will not attach to the DAC Report or Raven’s communications with Krutiak if they were knowingly false, deliberately, misleading, or rendered with malicious purpose……..Plaintiff has alleged that Raven’s statements were knowingly false and rendered with malice. Since this Court must assume that these allegations are true for the purposes of this motion…Plaintiff’s defamation claim for the DAC Report and for communications with Krutiak cannot be dismissed now…

Considering the foregoing, Raven’s Motion to Dismiss is DENIED”

Eaton v. Raven Transport.

Not Reported in A.2d, 2009 WL 1277991

Del. Super., April 2009.

First, follow the procedures that DAC wants you to take.  If that fails and you consider a lawsuit, remember the understanding that came from the ruling of April, 2009: 

“That there MUST be sufficient evidence showing that the trucking company knew their report to DAC was false when it was made to DAC.”

To request a copy of your DAC Report . . .

To File a dispute . . .

For more information on the DAC services . . .

I’ll keep you informed on the DAC petition and how it’s looking, and will never just throw out “numbers from the air.” I wish I could give you a powerful and impressive “handle” . . . but my handle is just Allen Smith.

Thanks for all your support.


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How CDL Students Can Increase Their Chances for Hire

Everyday we hear or read about the lack of jobs for truck drivers, especially for the new CDL student just coming on board.  Although things have gotten a little tighter, the truth of the matter is . . . there are truck driving jobs available, and many trucking companies are hiring.  This fact comes from one of the best truck driving schools in the country - Eagle Training Services, Inc. out of Illinois.  In fact, Eagle Training is doing so well at not only training new CDL students, but finding them jobs once their training is complete.   In fact, today, September 1st, 2009, Eagle is celebrating their new move-in to their new location at R.L. Leek’s Building, 2210 Harrison Avenue, Rockford, Illinois.   The new facility was needed due to the increase they are experiencing with their class sizes.

The main factor I see with recent CDL grads unable to land that driving job, is that they had some kind of negative mark on their MVR or something to this affect, and the school took them in anyway, knowing they would not be hireable.   Eagle Training is showing a job placement rate within the mid to high 90 percentile rate.  Other excellent CDL schools are reporting the same stats.  The importance of choosing the right CDL training school goes without saying . . . the school you choose can make you or break you in your truck driving career.

Tanya Bons of Eagle Training provides valuable information about what CDL students can do to increase their chances for getting hired.   She also gives an excellent insight into why so many believe that truck driving jobs are scarce and hard to find.   In today’s market, Tanya explains that trucking companies are seeking the cream of the crop.   She also discusses why we have been led to believe that trucking jobs are falling by the way side, and why unemployment offices are seeing such a high rate of out-of-work truck drivers.  It is a great article that you should be sure to read:

Only Cream at the Truck Stops – Truck Driving Jobs in 2009

The economy will eventually turn around for all aspects of industry.  Furthermore, as Tanya explains, when that happens . . . trucking is going to come back stronger than before.


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Truckers to Shape Up or Ship Out

Allen SmithNext time you stop after a hard day’s run at your favorite diner, you may want to think again before ordering that chicken fried steak with mashed potatoes and gravy!  The trucking industry just keeps on changing, and now . . . it is going to tell the professional drivers what they should weigh, and if they just happen to tip the scales a little too heavy, then it’s “no truck driving job for you.”   Isn’t Government great?

Truck driving jobs will now be considered for those interested, by more certain types of criteria.  One of them being the Body Mass Index or BMI.   We told you it was coming and it has arrived.  Prime, Inc. shows the new BMI rule for new hire on their site for their qualifications.   If your BMI is over 39, then you can forget about driving for Prime.   This is just the beginning.   Just for fun, check to see how your BMI would hold up?  Isn’t this great?

Furthermore, I want to reiterate that more “changes” will be coming to the trucking industry.  How far away it is, I will not determine, but it’s coming . . . when we open the Mexico border and allow thousands of their trucks to run across America, watch as a wide-spread deduction of truck driver wages will eventually take hold.   Trucking companies will sooner or later be able to save millions of dollars in wages, by dropping the American driver at .38 CPM and more, and grab hold of these in-coming drivers from across the border who would think they were in Heaven earning .22 cents per mile!

You know, in my opinion . . . when I think about it . . . our neighbors to the South seem to have a better BMI rating than the overall American average?

Just a thought  . . .

Allen Smith

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Truck Driving Jobs and the Recession

CDL training schools are presently seeing an increase in student enrollment, as high as thirty percent.  Are there enough truck driving jobs to accommodate them?  Can a CDL student or recent CDL graduate find a trucking job in the present economic situation?

Allen will be discussing this important issue, tomorrow evening ( Tuesday, April 7th, 2009) at 7 PM Eastern Standard Time, on Blog Talk Radio’s:  Truth About Trucking “LIVE.”

Ken Bons, Vice President of Eagle Training Services out of Illinois, is scheduled to call in and share his expertise from a CDL Training School’s perspective.

If you are a student or recent CDL grad that is having problems landing that trucking job, this is an important show scheduled just for you.  Be sure to tune in and get information that can help you understand what steps you can take to put that new CDL license to work.

Truck Driving Jobs in a Downward Economy – Tuesday, April 7th, 2009 – 7 PM EST on Truth About Trucking “LIVE” talk radio show.

Thanks,

Donna

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Trucking Jobs – Focus of Talk Show

Our radio show, Trucking Jobs, on Truth About Trucking “LIVE” , was broadcast earlier this evening and received a great response.  Discussing the economy and over the road trucking in general, Allen also provided a resource for finding a truck driving job.   If you missed the live show, you can catch it here:

 Donna

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Who says that there are no trucking companies hiring drivers?  There are still thousands of companies looking for truck drivers all over the United States.  Company drivers, Owner Operators, Students, Recent Graduates, Local, Regional, OTR … trucking companies still have freight, and they need drivers to move it!

You can do a search right now and find  truck driving jobs.

There is no doubt that we are in a recession.  Never forget, however, that the media only tells you what THEY want you to believe.   Trucking is the backbone of our country.  Alot of trucking companies have fallen, but there are still alot of companies out there . . . and they are hiring.  Looking for a truck driving job?   Find one here . . .

Good Luck,

Allen

Best Truck Driving Jobs

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Trucking Break – Free TV and Movies

When trucking offers a little rest time and you find yourself on the 34 hour break, why not enjoy free TV shows and movies, right from the cab of your truck?  With a laptop and high speed connection, that is exactly what you can do with Hulu

Hulu offers thousands of free TV shows and movie clips, as well as full length shows and movies.  Why am I just hearing about this?!?   Your favorite TV shows, Movies – Comedy, Drama, Horror, Action … it’s all there . . . it’s pretty cool.

Movies with R rating requires you to sign up, but that is free also.  Haven’t heard about it yet?   See for yourself – watch Robin Williams, full length – 1:44:02 – Jumanji – just one of the thousands of shows and movies you can watch for free at Hulu.

Enjoy the Movie!

Allen

The BEST Truck Driving Jobs

 

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Tanker Truck

Truck driving jobs offer a large array of possiblities for employment.  Even with the downward turn we are noticing from the economic situation, truck driving jobs are still available.  With several large trucking companies cutting down on their offers to provide cdl training for new drivers, the economy will bounce back and truck driving will continue to be a viable employment opportunity.

When considering a career in truck driving, the first question should be “what type of driving” are you interested in?  At the start of your career, you will most likely have to drive over the road.  Most transportation companies require around one year of recent, verifiable driving experience. In order to obtain this “one year” of experience, OTR truck driving is usually the beginning route.  After that first year, all the truck driving opportunities will open up for you.

Generally, most everyone just entering into truck driving careers, will begin with, and remain with, the van division.  There is one avenue of trucking that is often overlooked: the tanker truck. Pulling tankers are one of the best jobs in trucking for many reasons:

  • Lower turnover rate among drivers
  • Variety of operations – local, short haul, regional and long haul
  • More home time – Many tanker truck jobs will have you home every night
  • Competitive pay – Tanker jobs usually pay higher wages
  • Tanker division offers both Hazmat and Non-HazMat jobs
  • Higher Standards for Safety – HazMat Tanker companies generally maintain a higher level for safety than the average “general freight” divisions.  They will invest much more time and effort in training and provide safer equipment, as well as adhering to the high Governmental standards set in place for the tank truck industry.
  • Non-HazMat tanker companies – There are many tank truck jobs that do not require the HazMat endorsement – liquid, dry bulk, foods, cement and many others.
  • Shippers and Receivers who understand the importance of the driver
  • No touch freight – Product is loaded and unloaded through various means: pumps, blowers and of course, gravity
  • No tarps, chains, binders or the need to hire lumpers
  • Ease of Pick up and Delivery – No docks, generally, shorter trailers, easy access, less waiting time which means more hours of service time for driving.
  • Regulatory compliant companies – Carriers are more focused on running legal.
  • RESPECT – Tank truck drivers are respected by peers, companies, shippers, law enforcement and the public.  Expected to be the best drivers.
  • More personal – Greater communication with company management and dispatchers

Most tanker truck companies require between one to three years of driving experience.  Always remember, that if that truck driving job is not working out for you at present, maintain professionalism, get the required amount of driving experience under your belt, and move on to the better truck driving jobs.  You might just want to consider pulling tankers.

Good Luck,

Allen

3 BOOK SPECIAL

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Trucking and the Economy-You CAN Make It

We all know the struggles that the economy has brought upon the trucking industry.  At present, nearly 40,000 trucking companies went under in 2008.  Over 100,000 truck drivers found themselves without a job and only those companies where everyone pulls together toward the same goal will survive.   In a time where everything is so fast and a “need it now” attitude, it’s good to sometimes  consider those things that are really important.

Yesterday I was the guest speaker for a Safety Banquet for Pipeline Transportation out of Jacksonville, Florida. Although I spoke about the economy, trucking companies, truck driving jobs, trucking careers, and how to know if you are in a good trucking company“, the most profound and impact filled part of the event FOR ME, was a video which was presented by the President of the company, Mark Anderson, a man who gives nothing less than 100% of himself. I would like to share this video with you today, and I hope it inspires you and opens your eyes to what you can do for yourself as well as others ( as it did me). During difficult times in life ( the economy included), we need to watch and see what can be accomplished when, passion, commitment, and belief become part of our daily equation.

Please Read before watching: You know that the Triathlon is the ultimate endurance sport event.  Consisting of a 2.4 miles swim, a 112 mile bike ride and a 26.2 mile run … ALL DONE BACK TO BACK!

A son asked his father if he would compete in a triathlon with him.  Even though his father had a heart condition, he loved his son so much, that he couldn’t say no.  So, the father told him “yes”….and competed in the triathlon with his son.

Watch this profound video of the Triathlon event . . . it’s a little break from trucking, and that reminder . . . of those “more imporant things.”.  This video has had over 9 million views. After watching, I think you will see the point I’m trying to make. Please feel  free to leave your comments.

 

 

 

Allen & Donna Smith

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