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"
Truck drivers across the country have been called on by Chapter 61 ministries to be the eyes and ears for the human trafficking crisis in America. The partnership between the Transport for Christ and Chapter 61 organizations, the Truckers Against Trafficking, along with many others, have led to a much greater awareness of this problem, not only in the United States but abroad. Recent headline news is focusing on this $32 billion a year business, which destroys countless lives and enslaves its victims . . . the majority of whom are women and children:
These are just a few of the most recent cases involving human trafficking. Most Americans are aware of the problem in Asia and Africa, but are oblivious to that fact that it is big business here in the United States. Chapter 61 ministries will be presenting another set of online informational webinars in September, 2010.
All webinars will begin at 9 p.m. EDT. Because members of the trucking and travel plaza industry represent the eyes and ears of America on those highways, they can play a critical part in fighting this crime and those who perpetrate it. They simply need to know what to look for, what questions to ask and what steps to take.
If you would like to participate, you can sign up by clicking on one of the following dates that you wish to attend:
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 high cost of doing business in the United States have caused many companies to pack up and head to Mexico or somewhere overseas. The trend to outsource American jobs continue with the current talks underway to open the Mexican border to the U. S. trucking industry.
These companies that abandoned the American workforce, are now crying over having to pay for the $2.4 billion tariffs imposed on U. S. products by Mexico. Many businesses have closed and U. S. exporters have lost market share in the previous months since the tariffs.
As the United States and Mexico continue to hash out plans for NAFTA, both governments ignore the fact that the majority of American truck drivers, as well as the majority of Mexican workers, do not want NAFTA:
The outsourcing of American jobs is nothing more than the making of cheap labor in which workers on all sides lose. NAFTA was written so as the United States government would reap most of the reward, as evident from the above video. Due to the rise in taxes and various regulations placed on U. S. businesses, and the current administration’s continual push towards higher taxes, it is no wonder many U. S. companies are moving out of the country.
How big of a problem is the outsourcing of American jobs? How many Americans have lost jobs due to outsourcing? To give you a small idea, here is a list of U. S. companies who have moved off-shore or who have outsourced what used to be jobs for the American people: ( it’s a “little” long)
3Com
3M
A
Aalfs Manufacturing
Aavid Thermal Technologies
ABC-NACO
Accenture
Access Electronics
Accuride Corporation
Accuride International
Adaptec
ADC
Adobe Systems
Advanced Energy Industries
Aetna
Affiliated Computer Services
AFS Technologies
A.G. Edwards
Agere Systems
Agilent Technologies
AIG
Alamo Rent A Car
Albany International Corp.
Albertson’s
Alcoa
Alcoa Fujikura
Allen Systems Group
Alliance Semiconductor
Allstate
Alpha Thought Global
Altria Group
Amazon.com
AMD
Americ Disc
American Dawn
American Express
American Greetings
American Household
American Management Systems
American Standard
American Uniform Company
AMETEK
AMI DODUCO
Amloid Corporation
Amphenol Corporation
Analog Devices
Anchor Glass Container
ANDA Networks
Anderson Electrical Products
Andrew Corporation
Anheuser-Busch
Angelica Corporation
Ansell Health Care
Ansell Protective Products
Anvil Knitwear
AOL
A.O. Smith
Apple
Applied Materials
Ark-Les Corporation
Arlee Home Fashions
Art Leather Manufacturing
Artex International
ArvinMeritor
Asco Power Technologies
Ashland
AstenJohnson
Asyst Technologies
Atchison Products, Inc.
A.T. Cross Company
AT&T
AT&T Wireless
A.T. Kearney
Augusta Sportswear
Authentic Fitness Corporation
Automatic Data Processing
Avanade
Avanex
Avaya
Avery Dennison
Azima Healthcare Services
Axiohm Transaction Solutions
B
Bank of America
Bank of New York
Bank One
Bard Access Systems
Barnes Group
Barth & Dreyfuss of California
Bassett Furniture
Bassler Electric Company
BBi Enterprises L.P.
Beacon Blankets
BearingPoint
Bear Stearns
BEA Systems
Bechtel
Becton Dickinson
BellSouth
Bentley Systems
Berdon LLP
Berne Apparel
Bernhardt Furniture
Best Buy
Bestt Liebco Corporation
Beverly Enterprises
Birdair, Inc.
BISSELL
Black & Decker
Blauer Manufacturing
Blue Cast Denim
Bobs Candies
Borden Chemical
Bourns
Bose Corporation
Bowater
BMC Software
Boeing
Braden Manufacturing
Briggs Industries
Brady Corporation
Bristol-Myers Squibb
Bristol Tank & Welding Co.
Brocade
Brooks Automation
Brown Wooten Mills Inc.
Buck Forkardt, Inc.
Bumble Bee
Burle Industries
Burlington House Home Fashions
Burlington Northern and Santa Fe Railway
C
Cadence Design Systems
Camfil Farr
Candle Corporation
Cains Pickles
Capital One
Cardinal Brands
Carrier
Carter’s
Caterpillar
C-COR.net
C&D Technologies
Cellpoint Systems
Cendant
Centis, Inc.
Cerner Corporation
Charles Schwab
ChevronTexaco
The Cherry Corporation
CIBER
Ciena
Cigna
Circuit City
Cirrus Logic
Cisco Systems
Citigroup
Clear Pine Mouldings
Clorox
CNA
Coastcast Corp.
Coca-Cola
Cognizant Technology Solutions
Collins & Aikman
Collis, Inc.
Columbia House
Comcast Holdings
Comdial Corporation
Computer Associates
Computer Horizons
Computer Sciences Corporation
CompuServe
Concise Fabricators
Conectl Corporation
Conseco
Consolidated Metro
Continental Airlines
Convergys
Cooper Crouse-Hinds
Cooper Tire & Rubber
Cooper Tools
Cooper Wiring Devices
Copperweld
Cordis Corporation
Corning
Corning Cable Systems
Corning Frequency Control
Countrywide Financial
COVAD Communications
Covansys
Creo Americas
Cross Creek Apparel
Crouzet Corporation
Crown Holdings
CSX
Cummins
Cutler-Hammer
Cypress Semiconductor
D
Dana Corporation
Daniel Woodhead
Davis Wire Corp.
Daws Manufacturing
Dayton Superior
DeCrane Aircraft
Delco Remy
Dell Computer
DeLong Sportswear
Delphi
Delta Air Lines
Delta Apparel
Direct TV
Discover
DJ Orthopedics
Document Sciences Corporation
Dometic Corp.
Donaldson Company
Douglas Furniture of California
Dow Chemical
Dresser
Dun & Bradstreet
DuPont
E
Earthlink
Eastman Kodak
Eaton Corporation
Edco, Inc.
Editorial America
eFunds
Edscha
Ehlert Tool Company
Elbeco Inc.
Electroglas
Electronic Data Systems
Electronics for Imaging
Electro Technology
Eli Lilly
Elmer’s Products
E-Loan
EMC
Emerson Electric
Emerson Power Transmission
Emglo Products
Engel Machinery
En Pointe Technologies
Equifax
Ernst & Young
Essilor of America
Ethan Allen
Evenflo
Evergreen Wholesale Florist
Evolving Systems
Evy of California
Expedia
Extrasport
ExxonMobil
F
Fairfield Manufacturing
Fair Isaac
Fansteel Inc.
Farley’s & Sathers Candy Co.
Fasco Industries
Fawn Industries
Fayette Cotton Mill
FCI USA
Fedders Corporation
Federal Mogul
Federated Department Stores
Fellowes
Fender Musical Instruments
Fidelity Investments
Financial Techologies International
Findlay Industries
First American Title Insurance
First Data
First Index
Fisher Hamilton
Flowserve
Fluor
FMC Corporation
Fontaine International
Ford Motor
Foster Wheeler
Franklin Mint
Franklin Templeton
Freeborders
Frito Lay
Fruit of the Loom
G
Garan Manufacturing
Gateway
GE Capital
GE Medical Systems
Gemtron Corporation
General Binding Corporation
General Cable Corp.
General Electric
General Motors
Generation 2 Worldwide
Genesco
Georgia-Pacific
Gerber Childrenswear
GlobespanVirata
Goldman Sachs
Gold Toe Brands
Goodrich
Goodyear Tire & Rubber
Google
Graphic Controls
Greenpoint Mortgage
Greenwood Mills
Grote Industries
Grove U.S. LLC
Guardian Life Insurance
Guilford Mills
Gulfstream Aerospace Corp.
H
Haggar
Halliburton
Hamilton Beach/Procter-Silex
The Hartford Financial Services Group
Harper-Wyman Company
Hasbro Manufacturing Services
Hawk Corporation
Hawker Power Systems, Inc.
Haworth
Headstrong
HealthAxis
Hedstrom
Hein-Werner Corp.
Helen of Troy
Helsapenn Inc.
Hershey
Hewitt Associates
Hewlett-Packard
Hoffman Enclosures, Inc.
Hoffman/New Yorker
The Holmes Group
Home Depot
Honeywell
HSN
Hubbell Inc.
Humana
Hunter Sadler
Hutchinson Sealing Systems, Inc
HyperTech Solutions
I
IBM
iGate Corporation
Illinois Tool Works
IMI Cornelius
Imperial Home Decor Group
Indiana Knitwear Corp.
IndyMac Bancorp
Infogain
Ingersoll-Rand
Innodata Isogen
Innova Solutions
Insilco Technologies
Intel
InterMetro Industries
International Paper
Interroll Corporation
Intuit
Invacare
Iris Graphics, Inc.
Isola Laminate Systems
Iteris Holdings, Inc.
ITT Educational Services
ITT Industries
J
Jabil Circuit
Jacobs Engineering
Jacuzzi
Jakel, Inc.
JanSport
Jantzen Inc.
JDS Uniphase
Jockey International
John Crane
John Deere
Johns Manville
Johnson Controls
Johnson & Johnson
JPMorgan Chase
J.R. Simplot
Juniper Networks
Justin Brands
K
KANA Software
Kaiser Permanente
Kanbay
Kayby Mills of North Carolina
Keane
Kellogg
Kellwood
KEMET
KEMET Electronics
Kendall Healthcare
Kenexa
Kentucky Apparel
Kerr-McGee Chemical
KeyCorp
Key Industries
Key Safety Systems
Key Tronic Corp.
Kimberly-Clark
KLA-Tencor
Knight Textile Corp.
Kojo Worldwide Corporation
Kraft Foods
K2 Inc.
Kulicke and Soffa Industries
Kwikset
L
Lancer Partnership
Lander Company
LaCrosse Footwear
Lamb Technicon
Lau Industries
Lands’ End
Lawson Software
Layne Christensen
Leach International
Lear Corporation
Leech Tool & Die Works
Lehman Brothers
Leoni Wiring Systems
Levi Strauss
Leviton Manufacturing Co.
Lexmark International
Lexstar Technologies
Liebert Corporation
Lifescan
Lillian Vernon
Linksys
Linq Industrial Fabrics, Inc.
Lionbridge Technologies
Lionel
Littelfuse
LiveBridge
LNP Engineering Plastics
Lockheed Martin
Longaberger
Louisiana-Pacific Corporation
Louisville Ladder Group LLC
Lowe’s
Lucent
Lund International
Lyall Alabama
M
Madill Corporation
Magma Design Automation
Magnequench
Magnetek
Maidenform
Mallinckrodt, Inc.
The Manitowoc Company
Manugistics
Marathon Oil
Maritz
Mars
Marshall Fields
Mattel
Master Lock
Materials Processing, Inc.
Maxim Integrated Products
Maxi Switch
Maxxim Medical
Maytag
McDATA Corporation
McKinsey & Company
MeadWestvaco
Mediacopy
Medtronic
Mellon Bank
Mentor Graphics Corp.
Meridian Automotive Systems
Merit Abrasive Products
Merrill Corporation
Merrill Lynch
Metasolv
MetLife
Micro Motion, Inc.
Microsoft
Midcom Inc.
Midwest Electric Products
Milacron
Modern Plastics Technics
Modine Manufacturing
Moen
Money’s Foods Us Inc.
Monona Wire Corp.
Monsanto
Morgan Stanley
Motion Control Industries
Motor Coach Industries International
Motorola
Mrs. Allison’s Cookie Co.
Mulox
N
Nabco
Nabisco
NACCO Industries
National City Corporation
National Electric Carbon Products
National Life
National Semiconductor
NCR Corporation
neoIT
NETGEAR
Network Associates
Newell Rubbermaid
Newell Window Furnishings
New World Pasta
New York Life Insurance
Nice Ball Bearings
Nike
Nordstrom
Northrop Grumman
Northwest Airlines
Nu Gro Technologies
Nu-kote International
NutraMax Products
Nypro Alabama
O
O’Bryan Brothers Inc.
Ocwen Financial
Office Depot
Ogden Manufacturing
Oglevee, Ltd
Ohio Art
Ohmite Manufacturing Co.
Old Forge Lamp & Shade
Omniglow Corporation
ON Semiconductor
Orbitz
Oracle
OshKosh B’Gosh
Otis Elevator
Outsource Partners International
Owens-Brigam Medical Co.
Owens Corning
Oxford Automotive
Oxford Industries
P
Pacific Precision Metals
Pak-Mor Manufacturing
palmOne
Parallax Power Components
Paramount Apparel
Parker-Hannifin
Parsons E&C
Paxar Corporation
Pearson Digital Learning
Peavey Electronics CorporationÊÊ
PeopleSoft
PepsiCo
Pericom Semiconductor
PerkinElmer
PerkinElmer Life Sciences, Inc.
Perot Systems
Pfaltzgraff
Pfizer
Phillips-Van Heusen
Pinnacle West Capital Corporation
Pitney Bowes
Plaid Clothing Company
Planar Systems
Plexus
Pliant Corporation
PL Industries
Polaroid
Polymer Sealing Solutions
Portal Software
Portex, Inc.
Portola Packaging
Port Townsend Paper Corp.
Power One
Pratt & Whitney
Price Pfister
priceline.com
Pridecraft Enterprises
Prime Tanning
Primus Telecom
Procter & Gamble
Progress Lighting
ProQuest
Providian Financial
Prudential Insurance
R
Radio Flyer
Radio Shack
Rainbow Technologies
Rawlings Sporting Goods
Rayovac
Raytheon Aircraft
RCG Information Technology
Red Kap
Regal-Beloit Corporation
Regal Rugs
Respiratory Support Products
Regence Group
R.G. Barry Corp.
Rich Products
River Holding Corp.
Robert Mitchell Co., Inc.
Rockwell Automations
Rockwell Collins
Rogers
Rohm & Haas
Ropak Northwest
RR Donnelley & Sons
Rugged Sportswear
Russell Corporation
S
S1 Corporation
S & B Engineers and Constructors
Sabre
Safeway
SAIC
Sallie Mae
Samsonite
Samuel-Whittar, Inc.
Sanford
Sanmina-SCI
Sapient
Sara Lee
Saturn Electronics & Engineering
SBC Communications
Schumacher Electric
Scientific Atlanta
Seal Glove Manufacturing
Seco Manufacturing Co.
SEI Investments
Sequa Corporation
Seton Company
Sheldahl Inc.
Shipping Systems, Inc.
Siebel Systems
Sierra Atlantic
Sights Denim Systems, Inc.
Signal Transformer
Signet Armorlite, Inc
Sikorsky
Silicon Graphics
Simula Automotive SafetyÊ
SITEL
Skyworks Solutions
SMC Networks
SML Labels
SNC Manufacturing CompanyÊ
SoftBrands
Sola Optical USA
Solectron
Sonoco Products Co.
Southwire Company
Sovereign Bancorp
Spectrum Control
Spicer Driveshaft Manufacturing
Springs Industries
Springs Window Fashions
Sprint
Sprint PCS
SPX Corporation
Square D
Standard Textile Co.
Stanley Furniture
Stanley Works
Stant Manufacturing
Starkist Seafood
State Farm Insurance
State Street
Steelcase
StorageTek
StrategicPoint Investment Advisors
Strattec Security Corp.
STS Apparel Corporation
Summitville Tiles
Sun Microsystems
Sunrise Medical
SunTrust Banks
Superior Uniform Group
Supra Telecom
Sure Fit
SurePrep
The Sutherland Group
Sweetheart Cup Co.
Swift Denim
Sykes Enterprises
Symbol Technologies
Synopsys
Synygy
T
Takata Retraint Systems
Target
Teccor Electronics
Techalloy Company, Inc.
Technotrim
Tecumseh
Tee Jays Manufacturing
Telcordia
Telect
Teleflex
TeleTech
Telex Communications
Tellabs
Tenneco Automotive
Teradyne
Texaco Exploration and Production
Texas Instruments
Textron
Thermal Industries
Therm-O-Disc, Inc.
Thomas & Betts
Thomasville Furniture
Thomas Saginaw Ball Screw Co.
Three G’s Manufacturing Co.
Thrivent Financial for Lutherans
Time Warner
Tingley Rubber Corp.
The Timken Company
The Toro Company
Tomlinson Industries
Tower Automotive
Toys “R” Us
Trailmobile Trailer
Trans-Apparel Group
TransPro, Inc.
Trans Union
Travelocity
Trek Bicycle Corporation
Trend Technologies
TriMas Corp.
Trinity Industries
Triquint Semiconductor
TriVision Partners
Tropical Sportswear
TRW Automotive
Tumbleweed Communications
Tupperware
Tyco Electronics
Tyco International
U
UCAR Carbon Company
Underwriters Laboratories
UniFirst Corporation
Union Pacific Railroad
Unison Industries
Unisys
United Airlines
UnitedHealth Group Inc.
United Online
United Plastics Group
United States Ceramic Tile
United Technologies
Universal Lighting Technologies
USAA
V
Valence Technology
Valeo Climate Control
VA Software
Velvac
Vertiflex Products
Veritas
Verizon
VF Corporation
Viasystems
Vishay
Visteon
VITAL Sourcing
W
Wabash Alloys, L.L.C.
Wabash Technologies
Wachovia Bank
Walgreens
Walls Industries
Warnaco
Washington Group International
Washington Mutual
WebEx
WellChoice
Wellman Thermal Systems
Walls Industries
Werner Co.
West Corporation
Weavexx
Weiser Lock
West Point Stevens
Weyerhaeuser
Whirlpool
White Rodgers
Williamson-Dickie Manufacturing Company
Winpak Films
Wolverine World Wide
Woodstock Wire Works
WorldCom
World Kitchen
Wyeth
Wyman-Gordon Forgings
I was talking with a local truck driver the other night who was just about to finish his 14 hour driving shift. From the moment he had climbed in the truck, he had been working non-stop, for 14 hours in order to complete his work schedule for the night. For many local and hourly-paid truckers, this is normal. After three days straight of pounding out 14 hour days, he looked at me and said, “They don’t even give you time to grab a hamburger or even take a minute break. Whatever happened to the labor law that says you’re suppose to get a meal break?”
I hated to break the news to him, but I told him that this was largely a myth of some sort, depending on the state that you reside in. I explained that paid meal breaks for local truckers is a State issue, not a Federal Law issue. He came back with, “But, truck drivers operate under Federal Law, and Federal Law always overrules State Law.” Wrong again. Not when you are talking about truck drivers operating locally and on the clock.
For most U.S. employees, federal law does not require the employer to provide paid meal or “coffee” breaks. Long haul truckers are required to take a mandatory break, as we all know. But, what about drivers who work locally and on the clock? This is where the complicated task of deciphering the various state labor laws come in. This battle between truckers rights under Federal Law or State Law keeps the courts very busy. Over the road truckers are fixed with the mandatory Federal Law for the required breaks . . . this battle does not effect them. It is the local, hourly paid truck drivers who are expected to run 12, 13 and even 14 hours non-stop, without a concern by the employer of having the opportunity to stop for a quick 30 minute meal break. So what about labor laws? What about being paid for a meal break or even a 15 minute rest period? Trucking employers who push their local drivers to the very last 14 hour minute . . . giving no time for a quick breather . . . are they violating U.S. Labor Laws? As with anything in the rules of law, it can be extremely complicated. What is taking place in the courts is the battle between what Federal Law states, and what State Labor Laws say . . . you have to look at the labor laws of each state.
For example, in Kentucky, State Law concerning a rest break states: “10 minutes for every four hours worked.” For a meal break in Illinois the State Law says, “20 minutes after 5 hours, if the employee will work at least 7½ hours.” In New York it is “one hour“,and in California it states, “30 minutes after 5 hours, if the workday is at least 6 hours.
Currently, my understanding is that seven states require employers to give rest breaks:
California
Colorado
Kentucky
Minnesota
Nevada
Oregon
Washington
Furthermore, 17 states do have statutesrequiringmeal breaks during the work day:
California
Colorado
Connecticut
Delaware
Illinois
Kentucky
Maine
Massachusetts
Minnesota
Nebraska
Nevada
New Hampshire
New York
North Dakota
Oregon
Rhode Island
Tennessee
Washington
West Virginia.
There is not anything stopping him from shutting down and taking a quick 30 minute meal break, but the point he was trying to explain was that dispatch would be calling him asking about his ETA to the delivery. “Never a minute rest,” he said.
Local truck drivers being paid by the load or on percentage pay should not be bothered by whether or not they can stop for a break . . . it would not effect their pay. However, local drivers working on the clock, had greater concerns for not being paid for their time while doing their work duties. Again, for local, hourly paid truckers, Federal Law will not step in and save them . . . apparently, it all depends on what the State Statute of each state implies. This, is the battle attorneys face . . . which law will apply to each individual truck driver, in relationship to the category of driving that they do?
Federal law exempts certain truckers from receiving overtime pay and paid meal or rest breaks. Certain states have laws that require the employer to pay for meal breaks, concerning certain types of truck drivers. For employers that do provide break time, Federal Law mandates that any breaks of 5-20 minutes must be compensated by the employer. However, a break lasting 30 minutes or more is not considered “compensable time” and the employer is not obligated to pay.
Many local and hourly paid truck drivers have recently taken their fight to the courts and have won in some cases. Other cases are still pending. There can still be a fine line between the Labor Laws and the rights of truckers. It really hinges on whether or not your state has statutes in place for employers to provide paid work breaks. Unfortunately, I had to point out to my fellow trucker, that Florida is not one of them.
In 1899, Charles Duell, the Commissioner of the United States Patent Office, said: “Everything that can be invented – has already been invented.” I often think about these unfortunate misquotes that will always prove the sayer wrong. I also consider a very common statement heard by many truckers: “Nobody ever thinks about the truck driver.” This statement, such as Mr. Duell’s statement . . . could not be further from the truth.
Voices from around the country are “speaking” out for the rights of our professional truck drivers through the power of social media. Websites, blogs, articles and radio talk shows, all discuss the life of the professional trucker and what needs to be done to make life better for these men and women of the highways. It’s not because truckers cannot speak or fight for themselves . . . it’s because they simply do not have the time. Spending weeks and months at a time on the open road, working to support themselves and their families, once they make it home, many are just to tired to “fight.”
The massive social network, Twitter, shoots out 27.3 million tweets per day . . . many of which come from truckers and truck driver advocates. The giant media sensation, Facebook, has over 400 million active users and over 20 million people become fans of a page every single day . . . many of these are fighting advocates for the American trucker. Truck drivers may feel like they are a lone voice in the wind . . . but the truth is . . . they have many voices behind and in front of them.
Even today, 111 years after Charles made his slip of the tongue . . . inventors are still inventing. Furthermore, they are inventing new products for the professional truck driver. The newest invention? It’s called the Tree Frog Pad. The Tree Frog Pad comes as a 7″ x 9″ pad that has serious tack and grip. Items set on the pad will not move until you pick them up. It’s perfect for holding your satellite radio, iPhone, keys and even your laptop . . . anything. The list of applications for the Tree Frog Pad is endless. It’s the perfect name for this new product since “real” tree frogs are capable of gravity-defying feats.
A new product . . . a new invention . . . and it’s great for truckers. I guess ole’ Charles missed it again . . .
When it comes to writing the various regulations for professional truckers, it can be quite confusing to say the least. What looks good on paper for some, appears as complete chaos to those responsible for abiding by the rules. The current HOS hours of service rules consist of an “up-dated” version of the former sleeper berth rule for truck drivers. It can be so confusing, that many truckers have simply stopped using this regulation.
The new 8/2 sleeper berth rule came into affect when independent studies showed that a professional driver is more awake and alert after receiving at least eight hours of non-interrupted sleep. The study argued that when drivers lay down in the sleeper for three hours or five hours at a time, and then begin driving again, the human body simply cannot achieve the proper rest needed. Therefore, the old rule was thrown out and the newer 8/2 rule became law. The problem here, is that no consideration was taken that each and every individual is different. While one driver can perform safely with only five hours of sleep, another may need eight or ten hours of rest, while yet another can do just fine with only three hours . . . always based on each of our own biological clock. By grouping all drivers into the same category, the 8/2 hour sleeper berth rule has caused more problems than solutions.
Along with this new rule, many drivers and trucking companies alike, are finding themselves in violation of Federal Regulations by simply quoting the regulations and not fully understanding them. Furthermore, there is every reason to understand why so many are having this problem, based on how the rule is written in the Federal Regulations under Part 395.1 :
(g) Sleeper berths. (1) Property-carrying commercial motor vehicle.— (i) In General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter,
(g)(1)(i)(A) Must, before driving, accumulate
(1) At least 10 consecutive hours off duty;
(2) At least 10 consecutive hours of sleeper-berth time;
(3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or
(4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section;
(g)(1)(i)(B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and
(g)(1)(i)(C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)–(4) of this section; and
(g)(1)(i)(D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours.
(g)(1)(ii) Specific requirements.— The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:
(g)(1)(ii)(A) The term “equivalent of at least 10 consecutive hours off duty” means a period of
(1) At least 8 but less than 10 consecutive hours in a sleeper berth, and
(2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.
(g)(1)(ii)(B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section.
(g)(1)(ii)(C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.
Right . . . that explains everything. The sleeper berth rule has become such a problem for drivers, that many have just stopped using it altogether. Unless you fully understand how it works, this would be the best thing a driver and company could do in order to prevent violations of this kind. I’m no expert on this regulation, but I thought I would try to give a clearer understanding of how this 8/2 sleeper berth rule works, especially for the newcomers to the industry.
The only legal way to split your time in the sleeper, is by using the 8/2 split, divided up in two separate time sections. You can no longer use split times of 7/3, 6/4, 5/5 or so forth. You are still limited to 11 hours of driving within a 14 hour window. I think one misconception that is causing a lot of drivers to go into violation, is thinking that the 8/2 split EXTENDS the 14 hour clock … it does not extend it, it only STOPS the 14 hour clock, and the only part of the split that STOPS the 14 hour clock is the consecutive 8 hours of time in the sleeper.
Using the two examples above:
On 2-12-10, after you take your 10 hour break, you do the required pre-trip and start driving at 1:15 a.m. You drive for 5 hours and at 6:15 a.m. you go in the sleeper for 2 hours waiting for your appointment time at the receiver. At 8:15 a.m. you go on duty not driving for 2 hours to unload the trailer . . . then at 10:15 am. you go back into the sleeper for the remaining 8 hours . . . So you get your 10 hour break in from 6:15 a.m. to 8:15 a.m. and from 10:15 a.m. to 6:15 p.m. Between these two breaks you did not drive, you only unloaded the trailer between 8:15 a.m. and 10:15 a.m.
At 6:15 p.m., at the end of the 8 hour break, you can now drive for another 11 hours, but you only have 11.75 hours left on the 14 hour clock to do it in, taking into consideration the 15 minute pre-trip inspection. Where drivers are getting in violation, is believing that the 14 hour clock re-started all over again from 6:15 a.m. , where you took your first 2 hour break. Not so . . . because the 2 hours spent unloading the trailer between 8:15 a.m. and 10:15 a.m. DOES NOT STOP THE 14 HOUR CLOCK . . . the only thing that stops the 14 hour clock is a straight 8 hours off, which began at 10:15 a.m.
So, at 6:15 p.m. , when you come out of the sleeper birth from the straight 8 hours, you may be thinking that since you got the 10 hours in, without driving in-between, you now have another 14 hours . . . but the 2 hours spent unloading between 8:15 a.m. and 10:15 a.m,. still counts toward the new 14 hour window that your working towards . . . so, you only have 11.75 hours left out the new 14 to run another 11 hours if you want to.
So the next day, on 2-13-10, you complete a straight 11 hours of driving. In this example, you go off duty from 5:30 a.m. to 3:30 p.m., taking the full 10 hours of required time off. Naturally, you have another 14 hour window and you do the required pre-trip and drive until 8:45 p.m., take two hours in the sleeper from 8:45 p.m. to 10:45 p.m., and at 10:45 p.m., basically starting the whole 8/2 process all over again.
There are many variables to utilizing the 8/2 sleeper berth rule and this is just one example. Team drivers can use the concept as well, as long as they fully understand that the drivers’ logbooks must match each other, thus the term “team.”
The main concept to remember is that, technically, there is no extending the 14 hour clock . . . only stopping it. Also, the two hours spent in the sleeper for the 8/2 rule does not stop the clock. Only the eight hours of consecutive time spent in the sleeper will stop the 14 hour clock.
Jasmine “Jazzy” Jordan is only 16 years young, but is on a mission. Having grown up in the trucking industry, one of her parents employees, Sheila Grothe fell ill and succumbed to cancer on April 17th, 2009. From that day forward, Jazzy was determined to make a difference in the lives of those who could not afford medical insurance or coverage. She began a rigorous training schedule and on September 1st, 2009, she began her run across America with all donations going to the St. Christopher Trucking Fund.
In her own words, Jazzy states: “My goal is to raise attention to the growing problem with people who have medical issues who are under insured and insured. We have all seen how generous our country has been in the past. I believe even in economic hard times we still make a big difference. Will you help me make the difference that is so needed? Together, we will change the future for the better.”
In our previous post, Non-Profit Organization Helps Truckers with Medical Expenses, the St. Christopher Truckers Development and Relief Fund continues to provide assistance for truckers and their families who may be having difficulty paying medical expenses.
You can “run along” with Jazzy on her cross country run at Run With Jazzy, and your donations will help this amazing young lady to achieve her goal . . . a goal that is higher than herself . . . a goal to help others in need.
Running in the hot sun, through rain, snow and dust storms, Jazzy Jordan has caught the attention of the media and American Truckers are being “challenged” by the Jordan’s to donate $10.00 to the St. Christopher Fund.
Jasmine “Jazzy” Jordan . . . 16 years young . . . what an inspiration!
There are millions of professional truckers in America, all with different points of views and opinions on a wide range of topics. A standing joke among the industry is the difficulty in finding two truck drivers who agree on one issue. Among these millions of truck drivers are thousands who have served in the U. S. Armed Forces. Army, Navy, Air Force and Marines . . . perhaps the Brotherhood of trucking has long been forgotten within the industry, but one thing these truckers do agree on is that the Brotherhood between soldiers last for a lifetime. They also agree that today’s U. S. Armed Forces have become a political military, which all started with what became known as the Pendleton 8.
The Pendleton 8 involved the case where seven Marines and a Navy Corpsman were charged with the killing of an Iraqi civilian. This case brought forth many anti-war liberal politicians who labeled our U. S. soldiers as nothing more than murderers and terrorists who’s sole purpose were to kill innocent civilians. Among these anti-war politicians leading this movement against our heroes were Represenative John Murtha and then Senator Barack Obama. Military personnel in combat and fighting within the killing zones, now had their hands tied behind their backs, unable to do the work of a soldier. Afraid of firing back at the enemy of the United States and fighting for the freedom and safety of all Americans, U. S. troops found themselves fighting instead, against a politicized military which would accuse them of murder and various crimes that could send them to prison for life.
During the time of George Bush’s presidency, we were bombarded by anti-war protesters on a daily basis. Cries of “End the War Now” and “Bring our troops home” echoed through out the country every single day. Who can forget the antics of Cindy Sheehan and other anti-war activists? The day Barack Obama came to office, the anti-war movement ended and not a single sound of protest has been heard since. Never in our history has a sitting U. S. President denied a Military General the requested number of additional troops needed to fight a war. Having asked for 40,000 additional troops, Barack Obama gave him 30,000.
Where are the anti-war activists now? Why have their cries grown silent while our men and women are still fighting the war? It is because they were never really anti-war, only anti-Republican. We now have a Congress and Senate majority, along with an Administration that hates the military and what it stands for. An American soldier now, has to stop and consider their own fate, before attacking an enemy combatant. An American soldier now has to stop and think about protecting their own life and the life of their fellow soldiers, before taking action in a war. We now have an Administration and leaders of the free world, along with prosecuting attorneys, just waiting . . . ready at any moment to send an American soldier to prison for performing the duties of an American soldier.
Lt. Michael Behenna is one of those soldiers.
Army Ranger Michael Behenna joined the military to defend his country after the 911 attack. He was deployed to Iraq as a 2nd Lieutenant and leader of the 18-member Delta Company, 5th platoon of the Army’s 101st Airborne Infantry Division in September 2007. Once there, Lt. Behenna was stationed at Forward Operating Base Summerall, near the regions of Baiji, Albu Toma and Salaam Village. One of the first tasks he took on was seeking out Sheik Hamad, the leader of Albu Toma. Sheik Hamad was considered the King of the area, and was also an enemy of the insurgents. Lt. Behenna quickly became good friends with the Sheik and worked closely with him in fighting against the terrorists. It is because of information received from the Sheik, that Lt. Behenna was able to detain Ali Mansur, a known member of an al-Qaida cell.
Terrorist, Ali Mansur organized an attack which killed two U. S. soldiers and injured two others. Lt. Behenna and his platoon captured Ali Mansur in 2008 and Michael was ordered to personally return the terrorist to his home and release him. According to Behenna’s account, Mansur lunged for Behenna as he was being returned home and Behenna shot him in self-defense. Even though an expert witness supports Behenna’s version of events, the government refused to hear this testimony. Lieutenant Behenna is now serving a 15 year sentence at Fort Leavenworth, Kansas, convicted of unpremeditated murder in the shooting death of Ali Mansur.
The expert witness, Dr. Herbert Leon MacDonnell, Director of the Laboratory of Forensic Science in Corning, New York, is an expert in blood stain forensics. His career goes back for fifty years, and includes such high-profile and complex cases as the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, Martin Luther King Jr., and even the case against O.J. Simpson. He is, without a doubt, an expert in the field. Dr. MacDonnell contacted the prosecutors in the case against Lt. Behenna, informing them of his findings which supported Michael’s testimony. The prosecutors, only interested in sending an American soldier to prison, refused to call this expert witness to the stand. Furthermore, they failed to advise the defense of Dr. MacDonnell’s findings. A clear violation of the Brady Material.
A Brady motion is a defendant’s request for evidence concerning a material witness which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness. A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial. Instead of presenting the factual evidence that corroborated Lt. Behenna’s self defense claim and thereby show the “revenge execution” premise of their case, Army Captain’s Meghan Poirier, Jason Elbert and Erwin Roberts violated their own ethics code by hiding this evidence from both the defense team and the jury in order to achieve conviction in a politically-motivated prosecution.
Here is part of the letter that Dr. MacDonnell wrote to Captain Poirier, one of the prosecutors:
Dear Captain Poirier:
On Thursday afternoon when I heard Lt. Michael Behenna testify as to the circumstances of how the shots were fired I could not believe how close it was to the scenario I had described to you on Wednesday. I am sure that had I testified that I would have wanted to give my reenactment so the jury could have had the option of considering how well the defendant’s story fit the physical facts. This, of course, would not have been helpful to the prosecution case. However, I feel that it is quite important as possible exculpatory evidence so I hope that, in the interest of justice, you informed Mr. Zimmerman of my findings. It certainly appears like Brady material to me.
Respectfully,
Dr. Herbert MacDonnell
In the interest of justice.Military prosecutors not interested in justice, but only serving a politicized military. Military prosecutors who failed to allow the jury to hear expert testimony from their own witness, and declined to provide the information to the defense team, which is required by law.
Furthermore, do not believe that this is one isolated case. The three Navy Seals who captured Ahmed Hashim Abed, the ringleader behind the murdering and burning of four Americans, hanging them from a bridge for all the world to see, only to claim that the Navy Seals punched him in the face and now the Navy is working hard to send these heroes to prison . . . and there are other American heroes faced with the political dealings of a military-hating administrationand justice system.
Lt. Michael Behenna has been another scape goat for the political system. An American hero sits in prison for fighting for his life and the freedom of all Americans. Expert testimony by a leader in forensic science was never disclosed, violating the Brady material. Read more of what Dr. MacDonnell advised the prosecutors:
“On another issue I am somewhat concerned that I did not testify and have a chance to inform the court of the only logical explanation for this shooting. As I demonstrated to you and to the two other prosecutors, Dr. Berg, Sgt. McCaulley, and Sgt. Rogers?, from the evidence I feel that Ali Mansur had to have been shot in the chest when he was standing. As he dropped straight down he was shot again at the very instant that his head passed in front of the muzzle. Admittedly, this would be an amazing coincidence, however, it fits the facts and as I told you on Wednesday, it fits the facts and I can not think of a more logical explanation.”
“This scenario is consistent with the two shots being close together, consistent with their horizontal trajectory, consistent with the bloodstains on the floor, and consistent with the condition of the 9mm flattened out bullet which was tumbling after leaving Mansur’s head or body. I do not know where this bullet was recovered but I would expect after impact to the concrete wall it fell very close to that wall. The other bullet should have been close to the first and there should have been two impact points on the wall.”
Respectfully Submitted,
Dr. Herbert Leon MacDonell, Director
LABORATORY OF FORENSIC SCIENCE
Lt. Michael Behenna deserves a new trial. I know thousands of our nation’s truckers are military veterans and I know millions of our nation’s truckers love America. Michael’s parents,Scott and Vicki Behenna are asking for your help. Help to defend Michael Behenna by allowing a new trial based on the Brady violation and voice your outcry that an American hero sits in prison for protecting his own life against a known Al-Qaeda operative while serving his country in Iraq.
Sign the petition to give Lt. Behenna a new trial and they ask that you contact your congressional delegation on behalf of Michael and to send a letter to John McHugh, the Secretary of the Army. When sending this letter point out to Mr. McHugh that Michael served his country and deserves to have a sentence that acknowledges his service. Also point out that a service member should have the ability to defend himself in a combat zone particularly against a known member of Al Qaeda. Please send your letter to:
Secretary of the Army – John McHugh
1400 Defense Pentagon
Washington, D.C. 20301-1400
The legal expense for their son is overwhelming. If you can assist in any way, you can mail a donation to:
1LT Michael Behenna Legal Defense Fund c/o Jack Dawson, co-trustee
100 Park Avenue, Second Floor
Oklahoma City, Oklahoma 73102-8099
We are all able to live our life in freedom due to the bravery and sacrifices of people like Lt. Behenna. They should not become pawns in a political military, sent to prison while the enemy of the United States receives more rights and justice than our own heroes. Every American should be outraged at what has happened to this brave young man. Millions of truckers can raise their voices and help bring justice to one of America’s soldiers.
Let Lt. Michael Behenna know that he is not forgotten and we are fighting for his release. You can write Lt. Behenna at:
Michael Behenna #87503
1300 N. Warehouse Road
Fort Leavenworth, KS 66027-2304
In a response to a letter he received, Lt. Behenna wrote:
“… I cannot even begin to describe the frustration and despair I feel on a daily basis. Every day I am treated like a criminal in the country I love, the country I fought for… It feels good to know that I am not just washing away in this cell in complete silence…”
Help bring justice to an American hero. Free Lt. Michael Behenna.
During his campaign for Presidency, President Obama stated that the problem with human trafficking in America would have to be a top priority. Other than a post written for the Washington Post in June, 2009 by Hillary Clinton, like administrations’ before him, nothing has really been done. Perhaps Governmental officials just do not know how to tackle this $32 billion worldwide industry. Others however, are stepping up to draw attention to this horrific crime and they are looking at professional truckers and trucking companies for assistance.
In the past few weeks, the National Hotline has received numerous calls from truckers across the nation concerning human trafficking activity as a result of Truckers Against Trafficking and an interview with Chapter 61 Ministries. Federal agents have stated that they have been very pleased with the tips received from truckers. Please continue to call in tips and help put human trafficking perpetrators behind bars and rescue trafficking victims. The toll free hotline is1-888-373-7888.
As a founding member of Chapter 61 Ministries, Kylla Leeburg has been instrumental in organizing grass-roots efforts to fight the issue of human trafficking in the state of Oklahoma. A former missionary in El Salvador, she has seen first-hand the devastation and long-term impact abuse, oppression, injustice and slavery, whether economic, social or sexual, has on people, from generation to generation.
Kylla has stated: “I have always been drawn to justice issues, whether it was working for human rights for gang members and glue sniffers in San Salvador or now working for the victims of human trafficking. I just believe we each have a purpose beyond ourselves in this world, and we need to step up and do our parts.”
In the three years since Chapter 61 Ministries formed, Kylla has worked to educate and bring awareness of injustice and human trafficking issues to the students and faculty in the high school where she teaches as well as to educational institutions throughout the state of Oklahoma. She has written articles and editorials on the issue for publications and has provided presentations and webinars on human trafficking and truckers against trafficking in a variety of settings, including the Big Rig Expo in Tulsa last October. She has participated as a panel member on human trafficking and taken part in committee and task force action teams.
The Truckers Against Trafficking initiative, which Chapter 61 began in March 2009, is the direct result of an idea birthed from information Kylla gleaned at the first national human trafficking awareness conference Chapter 61 Ministries put on in October 2008. Members of the trucking industry, by nature of their jobs and the high visibility and presence they maintain on our nation’s highways, can play a critical role in bringing this heinous crime to an end and seeing perpetrators brought to justice and victims released. “All they need is to understand the problem and be given the education, tools and tips to join the fight effectively.”
Kylla Leeburg was our special guest on Truth About Trucking “LIVE” talk radio, Wednesday, February 17th, 2010 at 7 PM EST. Discussion concerned the injustices of human trafficking in America and how you, as truckers can help rescue victims.
Hundreds of thousands of men, women and children are bought and sold across international borders each year. Approximately 70 percent are women and young girls. Help stop human trafficking in America and abroad. If you missed the live broadcast, you can catch it here:
Special thanks to Take No Glory, for the use of their song, Beautiful Slave, written after learning about the human trafficking crisis.
Blog Talk Radio is the largest social radio media in the world, pulling in 6 million listeners every day. Truth About Trucking “LIVE” is the premier trucking talk radio show on BTR. Launching in July, 2008 the show has obtained a global listening audience of 100,000 with a +/- of three percent.
As noted by Blog Talk Radio: “Your show is exactly the kind we look for . . . something totally different and separate from the main media stream.”
In association with our main website, Truth About Trucking, my goal from the very beginning was to not be just more talk, but to stand up and take viable action in “raising the standards of the trucking industry” and to provide real and valuable assistance to CDL students and new drivers entering into a trucking career. One way of doing this, is through our BTR show, Truth About Trucking “LIVE.”
We have scheduled further broadcasts for February, 2010 and would invite everyone to tune in and come join the conversation:
“The Florida High Speed Rail proposal, Private Public Partnerships, fiscal irresponsibility and the selling off of America. Former Orange County mayoral candidate and transportation activist, Sally Baptiste returns as our special guest to discuss the Governmental waste of your tax dollars and her role in the September, 2009 Tea Party movement in Washington, D.C. Visit her website at: http://www.tollscreategridlock.org
“Human trafficking is America’s modern day slavery. Men, women and children are being bought and sold in the United States and abroad and has become a $32 billion industry worldwide. Kylla Leeburg, of chapter61.com is our special guest, as we look at this horrific crime and how truckers are being called to action to help rescue the victims of Human Trafficking in America. For more information, please visit: http://www.truckersagainsttrafficking.com
“Congressman Paul Tonko (D) N.Y., is our special guest as we discuss the importance of passing House Bill H.R.2156. Better known as Jason’s Law, this bill will provide safe and secure parking for our nation’s truck drivers. Congressman Tonko will bring us up to date on this important issue that is so vital to the safety of all truckers.”
Be sure to bookmark us and add us to your favorites, and come join the conversation.
: chapter 61 ministries, human trafficking, transport for Christ, truck drivers, Truckers, truckers against human trafficking, trucking, webinars
