Posts Tagged trucking

Professional Truck Driving Requires No Skill

Posted by Allen Smith in Education, Jobs and Careers, Politics, Safety, Truck Driving Jobs, otr trucking, truck driving schools, trucking, trucking companies on March 17th, 2010

By: Allen Smith

Maneuvering an 18-wheeler through the city streets of Chicago, Detroit or one of the colonial-time cities of New England can test the patience of the most experienced truck driver. Handling a rig that is 70 feet long, 13 1/2 feet high and weighing 40 tons is tough enough . . . add hundreds of other vehicles into the scenario, along with hundreds of pedestrians and all kinds of various distractions and obstacles . . . it is no wonder that our men and women truckers are referred to as “professional.” However, does it really require any skill to operate a commercial motor vehicle? According to the U.S. Department of State and the Wage and Hour Division . . . it does not.

In fact, these departments consider the skill of a professional truck driver, equal to the skills of a janitor and a telephone operator. No matter what a person’s job is, work is honorable. Regardless, should the performance of a professional trucker be equal to that of a short-order cook? As far as the law is concerned, professional truck driving requires no skill. These laws are contradictory of each other.

To begin with, the term “professional” is defined as: “A member of a vocation founded upon specialized and educational training.” It further refers to being “Engaged in one of a learned profession.” CMV drivers are always referred to as a “professional” by trucking companies and trucking organizations alike. CMV driving jobs are always referred to as “careers” by companies and job placement services. Thus, we have a profession within a career . . . which equals professional.

The term “unskilled” is defined as: “Lacking skill or technical training” – “Requiring no training or skill” – “Exhibiting a lack of skill.” It is further described as: “Not having, showing or requiring special skill or proficiency of any kind.” These two terms, professional and unskilled, contradict each other when we look at the professional truck driver. Jobs are also considered unskilled when the worker can “Learn to do them in 30 days or less.”

Granted, a person can go it alone and not attend a CDL training school and take the written tests and borrow a friend’s semi rig for the driving test, and achieve the CDL on their own . . . the problem with this is . . . nobody will hire them. In order to be considered for hiring by the trucking companies, one has no choice but to attend “specialized, educational training.” Courses often consists of 160 hours of technical training within a minimum of three weeks, followed by further technical training with a professional driver-trainer for another three weeks or longer. I’m no mathematical genius, but last time I checked, a minimum of three weeks of CDL training and another minimum of three weeks of real world driver training, equals more than 30 days. Furthermore, since truck drivers are classified as unskilled workers, why then, is the CMV driving test called a “skills test?”

When you break down the systematic order of a professional truck driving career, you arrive with many variables that only points to one main aspect: skill. So why does the Wage and Hour Division label truck drivers as unskilled labor? For the true answer, one must look at the entire scope of global economics.

The law of supply and demand dictates the survival or non-survival of unskilled workers. In today’s technological world, companies now consider their most valuable assets as being the knowledge, network and skills maintained by their employees. This is what is known as “Human Capital.” Just as machinery became more sophisticated and raised productivity in manufacturing, workers with knowledge and skills raise productivity across the ever expanding world economies . . . at least in theory.

According to U.S. Census data, more than 70% of American adults are classified as unskilled workers. This large majority of unskilled labor is the driving force in keeping company and corporate expenses low, resulting in higher business profits. This corporate greed is further expanded through such programs as NAFTA. By opening the borders into America, the United States would become flooded with more unskilled workers, thus continuing the demand for low wages and cheap labor. Therefore, all the discussion for increasing trade, is actually an attempt to maintain the usage of unskilled labor which in turn, will lead to further profit making for big business.

By increasing the supply of unskilled labor, wages for workers in the United States will be reduced even further. These lower wages are a by-product of increasing the unskilled work force. It is basic economics: increase the supply of something . . . and you lower its price. Not only does this help with business profit increase, consumers also benefit from the usage of unskilled workers. It is a global exploitation of the unskilled laborer. By classifying professional truck drivers as unskilled, their wages remain low, thus providing higher profit margins for the employer, and helping to stabilize the global economical impact on all developing countries.

In order to present an awe of working to help the unskilled, Congress will step up from time to time and raise the minimum wage. This in fact, further hurts the unskilled worker. Lower-skill workers become less employable when the minimum wage rises. Studies have shown that when the minimum wage goes up, businesses will change what workers will be hired. If they are now going to be forced to pay higher wages, companies will let their unskilled workers go, and replace them with more highly-skilled workers in order to achieve a higher productivity. Research consistently demonstrates that higher minimum wages lead businesses to hire skilled workers at the expense of unskilled workers. Therefore, by raising the minimum wage, the act ends up actually hurting the very people it was meant to help.

Unskilled workers are also subject to a much larger risk of unemployment during recessions than are skilled workers. Workers classified as unskilled, earn less income and leads to something we see in the trucking industry all the time: employee turnover. High turnover can be harmful to a company’s productivity if skilled workers are leaving, but those classified as unskilled labor are seen as employees that can be easily replaced. If professional truck drivers suddenly left the trucking companies, does the Wage and Hour Division believe that they could be easily and readily replaced? They possibly could be . . . at the expense of public safety.

As advocates and organizations constantly scream about safety, professionalism and proper educational and technical training, how can the American trucker be classified as unskilled? It has nothing to do with safety . . . it has everything to do with global economics and the exploitation of cheap labor.

: cheap labor, training, truck driver, trucker, trucking, unskilled

cheap labor, training, truck driver, trucker, trucking, unskilled

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Truckers Sleeper Berth Rule

Posted by Allen Smith in DOT, Jobs and Careers, Safety, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on March 11th, 2010

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.

8/2 Sleeper Berth Rule

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.

: 8/2 sleeper berth rule, drivers logbooks, hos rules, sleeper berth, Truckers, trucking

8/2 sleeper berth rule, drivers logbooks, hos rules, sleeper berth, Truckers, trucking

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Tough Guy Persona Hampers Trucking Issues

Posted by Allen Smith in Safety, Truck Driving Jobs, Truckers Health, otr trucking, trucking, trucking life on March 10th, 2010

Little Tough Guy The trucking industry certainly provides jobs for millions of people, but like most industries, it has its share of problems. For years, these problems had always remained swept under the rug with few people stepping forward and going public with the injustices that exist within the industry. As social media evolved, that all changed. More and more drivers began speaking out and challenging many of the regulations and policies that affect their way of life. As trucking issues by drivers became more public, trucking companies and organizations began to take notice. So much so, that industry policy makers began taking action by communicating directly with many of these social media outlets from drivers.

In order to change a policy, rule or regulation for the better, first takes discussion. Discussing an issue is the first step towards improving a problem faced by truck drivers or companies. If a particular regulation is not working, then change can only first come about through discussing the issue. Unfortunately, there are still those drivers who consider “discussing an issue” as a form of “whining” and “complaining.” Since when did discussing a problem become whining? I contribute this type of mentality to something I call the “Tough Guy Persona.”

No matter what the issue being discussed, the tough guy persona will always appear. Be it the lack of rest that truckers receive, the hours of service, cheap freight, poor truck driver training . . . whatever the case, there will always be those who will step in and retaliate by saying, “Stop your whining and do your job.” From where I stand, I see drivers accepting the challenges of trucking and performing their jobs everyday with remarkable professionalism. What the tough guy persona is really saying here, is that they do not care about the injustices and poor treatment of truck drivers or in helping their company become more successful. They would rather sit back and change nothing . . . simply roll along and let things remain as they are. Even on the issue of cheap freight, which is a major concern for owner operators and trucking companies alike . . . the tough guy persona prefers to continue to work harder and accept things as they are, instead of discussing the problem to come up with a better solution. They would rather cling to their tough guy image, than work to bring about reform that could ultimately provide a better quality of life for themselves and their own families.

I considered for a moment, as to how the tough guy persona would work in other areas of life. Following the recent Haiti earthquakes, instead of the United States pouring out billions of dollars in aide that we cannot afford, perhaps we should have taken on the tough guy persona and told the Haitian people to just “Shut up and accept the situation.” Of course this is ridiculous, but this is how the “tough guy persona” operates. If simply discussing an issue is considered whining and others allow this form of coercion and peer pressure to win, then ultimately the entire industry continues to lose.

Everyone understands that a company must do all it can to remain profitable. However, all too often, the trucking industry will invoke the struggles directly onto the driver, taking no responsibility upon itself to bring about reform which could help both driver and company. Shippers will always have to ship and receivers will always have to receive. Simple logic. There is no reason to have the magnitude of cheap freight hauling that we now have in this country.

When the industry was deregulated in 1980, it was all about promoting competition. Deregulation only leads to monopolies, which we now have been experiencing in the trucking industry for years. Deregulation only promotes competition in the early stages, but later it eliminates competition as rivals are driven out of business. As we have seen with the trucking deregulation, other crisis come into play as well:

Eliminates the weakest companies
Prosperity is lost, as survival becomes the motive
Wages go down
Workers are laid off
Services are dropped and quality is reduced

Hundreds of thousands of truck drivers lost their jobs as a direct result of deregulation. They were hired on with the major companies which survived, but only after taking a cut in pay. Since then, the monopoly has worsen. Who can haul the freight at the cheapest rate is the name of the game now, and service is no longer the primary concern. Furthermore, the one paying the most for cheap freight . . . are the drivers. Running longer, running harder . . . to try to make ends meet. This entire scenario could be eliminated by trucking companies simply raising the cost of freight transportation. Either the shipper or receiver pays the cost . . . or they will have no inventory. Of course, the rise in cost will lead to higher consumer prices, but this can even be monitored by controlling inflation.

One can go on about many issues facing industries today, and the first step to any process is discussion. Discussing issues have led to many victories ranging from wage increase for workers to tearing down the Berlin Wall. To openly talk about issues such as safety, driver pay, owner operator struggles, cheap freight, CDL training, hostility in the workplace and so forth, has nothing to do with “whining” and “complaining.” It has nothing to do with being weak or being a tough guy. It has everything to do with standing up for one’s rights and determining a correct path which can lead to a better life and work style for both employee and employer.

This “tough guy” persona that exists within the trucking industry only hampers the ability to correct things for the better. It never succeeds, only hampers. It is a powerful urge that some cannot overcome. I simply overlook it and refuse to accept that the best thing to do is simply sit back and leave things the way they are. Why would any driver not want to work to raise their wages? Why would any driver not want to stop abuse of any kind toward another driver? Why would any driver not want to correct a policy within their company that could only make the company a better one?

This type of driver would rather hold on to the tough guy image, than work to make life better for their own family. I determined a long time ago that it is impossible to rationalize with irrational people.

: deregulation, truck drivers, trucking, trucking companies, trucking industry, trucking issues

deregulation, truck drivers, trucking, trucking companies, trucking industry, trucking issues

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How Safe is the HOS 14 Hour Rule for Truckers?

Posted by Allen Smith in Jobs and Careers, Politics, Safety, Talk Radio Show, Truck Driving Jobs, Truckers Health, otr trucking, trucking, trucking companies, trucking life on March 9th, 2010

With his permission, a local truck driver out of Nebraska recently sent me the following email:

“I have been driving for over 20 years and began working locally with a company about a year ago. I have to say that the hours of service rules for truckers can be a killer for drivers, and perhaps more so for local drivers and those new to the industry. My shift is suppose to start at 7 A.M., but often me and my slip-seat partner runs late due to various reasons beyond our control, and many times he does not make it back until 2 P.M. or later. I am accustomed to getting up around 5 A.M., so going back to sleep is impossible.”

“So, up at 5 A.M., make it to work at 2 P.M., put in a 14 hour day, so I’m done at 4 A.M., home by 4:30 A.M. On this particular day, I have been up and awake for twenty three and a half hours. This type of schedule happens very often in local driving work. Even squeezing in the 10 hour break, you are either running behind all week or completely drained of all energy for the remainder of the week, just from your first day of work. If I say anything to dispatch, I am met with “So what are you saying? Are you turning down the load?” Drivers accept this challenge everyday and do their jobs professionally, but I see no safety in this type of operation, when the industry is constantly talking about “Safety First.”

This is very typical of trucking and is the main reason why veteran drivers will always stress that trucking is not a job, but a lifestyle. Regardless, how can trucking companies stress the importance of driver safety when so many drivers are expected to operate under this kind of schedule? Too many variables in the real world can stop the fourteen hour clock instantly: traffic accidents and delays at the shipper and receiver just to mention a few. Is driver and public safety a real concern for trucking companies and the powerful trucking organizations? Or is greed the primary motive for the continuance of pushing professional truck drivers to their limits?

Just last year in 2009, a major retail corporation lobbied to Congress to push truck drivers into a 16 hour work day. Luckily, that proposal was shot down. Anyone who has driven long enough and far enough will agree that driver fatigue is a major factor within the industry. Those who say otherwise, have not driven a truck for a real living. With the hours of service rule pushing drivers harder and further, allowing their lives to be controlled by the driver logbook, the fact that there are as few big rig accidents than there are, is only a testimony to the professionalism and skill of truckers.

The regulations set forth by the hours of service rules, only makes it more difficult for drivers, while allowing the industry itself to reap greater monetary rewards . . . all on the backs of the truck drivers. Why are truckers forced to work 70 hour work weeks and 14-plus hour days with no regard to the many obstacles that are thrown in their paths? At the same time, they are required to maintain their logbooks in a legal fashion.

Is safety a real issue or is greed the motivating factor within the trucking industry? Are the current HOS rules working for professional truck drivers and does it even take into consideration the safety and health factors of truck drivers?

Truth About Trucking “LIVE” talk radio presented: Truckers 14 Hour Service Rule – Safety vs Greed on Thursday, March 11th, 2010 at 7 PM EST :

“How safe is the truck driver 14 hours of service rule? Truckers can work 70 hour work weeks with trucking companies, shippers and receivers showing little regard to the safety and health of the drivers. With the current HOS rules for drivers, many local truck drivers can easily be up for 20 or more hours at a time. Is the trucking industry really concerned with safety or is it nothing more than greed?”

Discussing truck driver safety on Blog Talk Radio with co-host: Barry Szczucki. If you missed the “live” show catch it now:

: fatigue, hours of service, Safety, truck driver, trucking, trucking companies

fatigue, hours of service, Safety, truck driver, trucking, trucking companies

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Overtime Pay for Truck Drivers

Posted by Allen Smith in Jobs and Careers, Politics, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on March 8th, 2010

Overtime Pay for Truck Drivers Professional truck drivers are no strangers to 70 hour workweeks. It is a part of the job that is accepted by all truckers and eventually, one becomes accustomed to receiving only 3-5 hours of actual sleep per day. That one day per week when a truck driver can finally shut down and catch up on much needed rest is long awaited for by all drivers. This one aspect of trucking is the major cause as to why so many who enter trucking as a career will fail. If you are planning for a 9 to 5 job . . . then trucking is not for you.

Whether it be local driving, regional or long haul trucking, the workweek for truckers are long and the truck is always calling you. With 60 and 70 hour workweeks, why are truckers not given overtime pay? According to the most recent study in 2008, median hourly wages of tractor-trailer drivers were $17.92 with the middle 50% earning between $14.21 and $22.56. The lowest 10% earned less than $11.63, and the highest 10% earned more than $27.07 per hour. An overall average hourly wage for truckers is difficult to determine due to the fact that geographical location must be considered. Using an average pay of .32 cents per mile at 2500 miles per week, how would this compare to drivers being paid hourly with overtime pay included?

Running under the straight CPM rate, a driver would earn $800 per week gross. Setting an average hourly rate of only $12.00 per hour, a driver would earn $1,020 gross in a 70 hour workweek. Using the above median wage of $17.92 per hour, a driver working 70 hour weeks, would pull in $1,523.20 gross per week. The Fair Labor Standards Act (FLSA) requires employers to pay most employees the statutory overtime rate of 1 ½ times regular wages for hours worked in excess of 40 in a single workweek. So why does this not apply to truck drivers? For the answer, we have to look at the Motor Carrier Exemption under the FLSA. Yes, wouldn’t you know that there is an exemption for truckers?

Section 213(b)(1) of the FLSA provides that overtime requirements do not apply to “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours.” Therefore, employees who are subject to the authority of the Secretary of Transportation qualify for the exemption, and includes employees of a “motor carrier” and, under some circumstances, a “motor private carrier.” However, there seems to be a discrepancy.

An Appellate Court recently upheld a New Jersey Department of Labor and Workforce Development ruling that the state’s version of this exemption applies only to businesses primarily engaged in trucking or moving and storage. What this established is that under the FLSA, when federal and state wage laws are in conflict, employees must be given the benefit of the law that is the most favorable to them. Drivers for the New Jersey trucking company sued for back overtime wages. The company argued that its trucking operation was completely separate from its retail furniture business, and that the states’ trucking industry exemption applied with respect to its transportation and distribution employees. The Court disagreed, ordering the company to pay nearly 500 current and former delivery workers more than $2 million in back overtime wages. Therefore, even though the truck drivers might have been covered by the federal exemption from overtime pay, the narrower New Jersey exemption did not cover them. What this established for drivers is that state laws must be considered when it comes to the Motor Carrier Exemption as cited under the FLSA. Furthermore, I found what could also be another discrepancy.

The FLSA, under the United States Department of Labor, there are two ways in which an employee can be covered by the law, meaning they are entitled to receiving overtime pay: ”

Enterprise Coverage and
Individual Coverage

Enterprise coverage pertains to those businesses which have at least two employees and that:

Have an annual dollar volume of sales or business of at least $500,000

Individual Coverage applies to employees whose work regularly involves them in commerce between states. According to the FLSA individual workers are covered under the law who are: “Engaged in commerce or in the production of goods for commerce.”

Examples of employees who are involved in interstate commerce include those who:

Produce goods that will be sent out of state
Regularly make telephone calls to persons located in other States
Handle records of interstate transactions
Travel to other States on their jobs and
Do janitorial work in buildings where goods are produced for shipment outside the State.

Furthermore, the U. S. Department of Labor Wage and Hour Division states that drivers can be covered under the law if:

The employer is shown to have an involvement in interstate commerce, and
The employee could, in the regular course of employment, reasonably have been expected to make an interstate journey or could have worked on the motor vehicle in such a way as to be safety-affecting.

These statements should have a direct affect on local drivers, presently not receiving overtime pay from their employer. Under the “Safety Affecting Activities” :

“Only drivers, drivers’ helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the FLSA under Section 13(b)(1).”

Therefore, if a driver is working as a local driver only, but their company also engages in interstate operations, he or she should be entitled to overtime compensation. Are these discrepancies between the Fair Labor Standards Act, the Motor Carrier Exemption and the authority of the Secretary of Transportation?

Are professional truck drivers being deprived of receiving overtime pay? According to the Wage and Hour Division . . . it is quite possible.

Allen Smith

: fair labor standards act, hourly pay, motor carrier exemption, overtime pay, secretary of transportation, trucking

fair labor standards act, hourly pay, motor carrier exemption, overtime pay, secretary of transportation, trucking

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How to Order Your DMV Driving Records

Posted by Allen Smith in Dept. of Motor Vehicles, Truck Driving Jobs, otr trucking, truck driving schools, trucking on March 6th, 2010

Department of Motor Vehicles If you are considering a career in trucking, it is always best to receive a copy of your DMV driving records. Even if you believe that there are no problems, it is a good idea to confirm that there has not been any misinformed information that was accidentally recorded against your driving record. Each state offers online services for you to order your DMV records at a very minimal cost. Records of each state will vary and many will offer a variety of different records that you can receive.

Each state will likely offer a three and five year background record, but many will also provide more in-depth records as well. For example, the state of Texas offers the following DMV records:

Status Record (Type 1): name, date of birth (DOB), license status, and latest address.
3-year History Record (Type 2): name, DOB, license status, list of accidents and violations in record within past 3-year period.
List of All Accidents and Violations in Record (Type 3): name, DOB, license status, list of all accidents and violations in record.
Certified 3-year History record (Type 2A): certified version of Type 2. This record is not acceptable for Defensive Driving Course (DDC).
Certified List of All Accidents and Violations in Record (Type 3A): certified version of Type 3. This record is acceptable for Defensive Driving Course (DDC).
Certified Abstracts of Driving Record (”AOR”): Certified abstract of complete driving record of a license holder.

In order to obtain the most valuable information on your DMV driving record, naturally, the certified records are the most informative. Again, each record is offered through various minimal fees, anywhere between $4.50 and $22.00 as in the case of Texas. Fees will differ from state to state. The small fee required is well worth drivers knowing exactly what is on their driving records.

By knowing what information is on your DMV driving records beforehand . . . will greatly assist you in preparing for a career in trucking, before shelling out thousands of dollars for CDL training.

To stay on top of your DMV driver record, check out your state DMV website.

Allen Smith

: cdl training, dmv driving record, dmv driving records, state dmv websites, trucking

cdl training, dmv driving record, dmv driving records, state dmv websites, trucking

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Remembering Trucker Jason Rivenburg

Posted by Allen Smith in Politics, Safety, trucking, trucking life on March 4th, 2010

March 5th, 2010

Jason Rivenburg - Jason's Law Friday, March 5th, 2010 will mark the one year anniversary of the death of fellow truck driver, Jason Rivenburg. Killed by a gunman for a measly $7.00, Jason had pulled into an abandoned gas station to park his truck, due to the lack of parking in the area for commercial vehicles. Leaving behind a wife and two year old son, Hope Rivenburg also gave birth to twins shortly after Jason’s death. Although Jason Rivenburg was not the first professional truck driver to have their life taken away from them due to a lack of safe and secure parking areas, Hope Rivenburg set out on a mission to make certain no other driver would fall victim to such a meaningless crime.

With the support of so many, including New York Congressman Paul Tonko, they introduced a bill into legislation that would provide the safe parking areas that are needed by commercial truck drivers: House Bill H. R. 2156 . . . Jason’s Law. At present, the Jason’s Law Petition has received 9,188 signatures and the support of thirty three sponsors:

Rep. Jason Altmire [D, PA-4]

Rep. Michael Arcuri [D, NY-24]

Rep. Joe Baca [D, CA-43]

Rep. Brian Baird [D, WA-3]

Rep. Tammy Baldwin [D, WI-2]

Rep. John Boccieri [D, OH-16]

Rep. Henry Brown [R, SC-1]

Rep. Russ Carnahan [D, MO-3]

Rep. Steve Cohen [D, TN-9]

Rep. Bob Filner [D, CA-51]

Rep. John Hall [D, NY-19]

Rep. Maurice Hinchey [D, NY-22]

Rep. Steve Israel [D, NY-2]

Rep. Steve Kagen [D, WI-8]

Rep. Carolyn Maloney [D, NY-14]

Rep. Betsy Markey [D, CO-4]

Rep. James McGovern [D, MA-3]

Rep. Michael Michaud [D, ME-2]

Rep. Christopher Murphy [D, CT-5]

Rep. Jerrold Nadler [D, NY-8]

Rep. Erik Paulsen [R, MN-3]

Rep. Thomas Perriello [D, VA-5]

Rep. Laura Richardson [D, CA-37]

Rep. Mike Ross [D, AR-4]

Rep. Loretta Sanchez [D, CA-47]

Rep. Mark Schauer [D, MI-7]

Rep. William Shuster [R, PA-9]

Rep. Harry Teague [D, NM-2]

Rep. Dina Titus [D, NV-3]

Rep. Debbie Wasserman Schultz [D, FL-20]

Rep. Lynn Westmoreland [R, GA-3]

Rep. David Wu [D, OR-1]

Rep. Donald Young [R, AK-0]

Jason’s Law is not only about Jason Rivenburg, but for all professional CMV drivers who have been endangered by the lack of safe parking for the big rigs. From parking lots, rest areas, side streets and from on and off exit ramps, professional truckers are expected to do their jobs with little effort for safety precautions being established for them.

Finally, a bill specifically for truck drivers and their safety is at the forefront of the trucking industry. Hope Rivenburg has fought long and hard for Jason’s Law even through a time of great loss and grief. With so much support coming through for H. R. 2156, truckers can have the safe and secure parking they need to do their jobs and to make it back home to their families.

Continue to contact your Representative and voice your support for Jason’s Law.

: H.R. 2156, jason rivenburg, Jason's law- H.R.2156 S971, paul tonko, safe parking, trucking

H.R. 2156, jason rivenburg, Jason's law- H.R.2156 S971, paul tonko, safe parking, trucking

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Truck Driver Shortage – Here We Go Again

Posted by Allen Smith in Politics, Truck Driving Jobs, otr trucking, truck driving schools, trucking, trucking companies, trucking life on February 26th, 2010

Waiting for a load Here we go again. Talks about a major truck driver shortage is rearing its ugly head again. Trucking companies are having such a difficult time filling truck driving job positions, even in this economy. I wonder what all you CDL students, graduates and veteran drivers out there who have found it almost impossible to get hired, think about this?

Once again, the media is throwing out the fear of a driver shortage, thus the possibility of the rise in the price of goods. According to one report concerning the driver shortage, trucking companies just cannot find enough drivers to fill the need. Are they looking? I receive emails daily from CDL graduates and veteran drivers who have applied everywhere and still, no hire. A driver shortage? Here we go again . . .

CDL students who graduated anywhere from six months to a year ago, have still not been able to land a job, even through the so-called “job assistance” program offered by many of these CDL truck driving schools. Where exactly are you trucking companies looking for drivers? They are everywhere. Another aspect that may help, is to classify professional truckers as “skilled” labor and not unskilled labor. The safe handling of an 18-wheeler is not skilled? According to the labor department, it is not.

Another aspect you may want to consider is how you treat your drivers. It’s just the same old story that goes on and on and on . . .

Not long ago we were being told that there were too many drivers, and now . . . we are facing a truck driver shortage . . . again. Come on now, there is no, nor has there ever been a truck driver shortage. Are we going down this old road again? Look around . . . many drivers are trying to find a driving job, but you’re not hiring them. Why? If there is a fear of a driver shortage, why are you not hiring?

Keep pushing your drivers to run illegal . . . keep from getting them home when they want to go home . . . keep using new drivers as a form of cheap labor . . . keep pushing out experienced, veteran drivers . . . keep putting more hardships on owner operators . . . keep them sitting for 2-3 days . . . keep giving them low miles . . . and by all means, keep hauling cheap freight . . . continue doing all of these things that have been going on for years, and some day . . . you just might have a real driver shortage.

Some analysts’ are reporting that the trucking industry is improving and larger companies are taking on more freight. The industry may be improving, but only because of downsizing and the failure of many smaller trucking companies. The failing of these companies will only be adding more experienced drivers into the job market, so where is the driver shortage? Furthermore, I hardly see where the failing of many smaller companies are a reason for celebration.

Once again, the media jumps on the remarks by these trucking companies and the fear of a driver shortage is appearing once more.

Give me a break.

Allen Smith

: cdl students, driver, shortage, truck driver shortage, trucking, trucking shortage

cdl students, driver, shortage, truck driver shortage, trucking, trucking shortage

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Truck Drivers CSA 2010 Scorecards

Posted by Allen Smith in Politics, Safety, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on February 24th, 2010

CSA 2010 truck driver scorecards will be made available to trucking companies by the risk management company, Vigillo. These scorecards are being endorsed by the ATA. The scorecards are being marketed as:

“Vigillo’s customized fleet performance scorecards perfectly meet the needs of operating your truck fleet. Problems are identified and addressed before they occur and all drivers and driver managers become participants in a culture of measurable, pro-active Risk Management.”

The scorecards will rate a driver’s performance on seven categories:

Unsafe Driving
Fatigued Driving
Driver Fitness
Controlled Substance
Vehicle Maintenance
Improper Loading
Crash Indicator

Furthermore, each category will be given a color-coded rating of the following:

RED – Deficient (90% to 100%)
YELLOW – Warning (75% to 90%)
GREY – Under Threshold (0% to 75%)

It will also provide the determination of whether or not intervention of any kind is likely. You can view a sample of this driver scorecard, offered by Vigillo.

There is nobody in the industry against safety measures for truck drivers and trucking companies. However, this “scorecard” reminds me of another program that was meant for good: the truck driver DAC Report. We all know where that lead us to . . .

Trucking companies, specifically within the OTR industry, are notable for their ability to pass the blame onto the driver. Will companies really use these scorecards for assessing problem drivers and working with them to correct their score and keep them driving? Or can this be used as another form of a DAC Report system?

As mentioned in our earlier post: CSA 2010 Severity and Point System Safety Rating for Truck Drivers, a driver caught with a leaky tire will receive a rating of 8 . . . only two points under a DUI. Could this scorecard be used to eliminate a driver by a disgruntled dispatcher?

I see the good being attempted by the CSA 2010 initiative, but with an industry as large as trucking, there looks to be too many loop-holes that trucking companies could still bend around, forcing blame on the professional trucker. Furthermore, these scorecards are provided for the trucking companies at a month to month subscription rate. Like DAC, companies paying for the information . . . and like DAC, could easily become another retaliation tool against drivers.

Just my take on it . . .

Allen Smith

: CSA 2010, driver, scorecards, truck drivers, trucking, vigillo

CSA 2010, driver, scorecards, truck drivers, trucking, vigillo

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Organization Seeks Truckers Help in Combating Human Trafficking

Posted by Allen Smith in Talk Radio Show, Truck Stops, otr trucking, trucking on February 15th, 2010

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 is 1-888-373-7888.

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.