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"
The long entailed battle of the 2 hour Parking Law in Virgina is finally over! On June 18th, 2009 it was made official that the 2 hour commercial parking rule was replaced with ” no overnight parking” signs. READ MORE
The state of Virgina had been forcing Truckers to break Federal Law by waking them up after only 2 hours of rest( parking,) before they could complete their 10 hour rest/break required by Federal law. Besides forcing them to break Federal law, a serious safety risk was at stake by allowing sleepless drivers to share the roads with other innocent drivers and vehicles.
Although the 2 hour parking law in Va had been in existence for many years, it was the relentless and persistent approach of Fred and JB Schaffner of The American Driver , which would eventually lead to the victory of ending it . Their continuous phone calls, letters, and even petition to the FMCSA, created an onslaught of followers and eager participants to help in their quest to end this dangerous law. JB and Fred got the ball rolling and and did not allow any obstacle to stop it’s momentum.
We would like to thank JB, Fred, and the many supporters who have contributed in the efforts to change the 2 hour Parking law in Virginia to an ” no overnight parking” rule. We also would like to thank Mr Jeffrey Caldwell, VDOT Chief of Communications, who played a major role in the change of this 2 hour Rule. Mr Caldwell was willing and gracious enough to address the situation on April 15, 2009 on Truth About Trucking Live Blog Talk Radio Show with Host Allen Smith, and guests JB and Fred Schaffner. You can listen to the show and hear JB and Fred Schaffner as they ask Mr Caldwell to address the serious issues facing truck drivers as they travel through Virginia.
We’ve spoken to JB and Fred on numerous occasions, and this victory is now in the past. They’re already addressing other issues on their agenda in order to aid drivers towards a better future. We’re grateful to them and to ALL who have recently joined forces together, sharing our one common goal and interest of, “raising the standards of the trucking industry.”
The Virginia Department of Transportation ability to build and maintain its roads and highway system is collapsing. Unless Federal or State legislation comes to the rescue, VDOT may soon find itself unable to maintain the state’s own infrastructure.
The Federal Highway Trust Fund which is responsible for supporting the country’s construction projects, could very well be broke by August, according to officials. This would obviously be destructive to the State of Virginia’s cash flow. VDOT has already laid off nearly 450 part-time employees and is currently in the process of laying off 1,000 full-time employees. They estimate, that there will be no state money to support smaller, local construction projects, by the year 2011.
Secretary of Transportation for Virginia, Pierce Homer, stated: “We are approaching a cliff. Our underlying bread-and-butter program is seriously compromised.”
Jeffrey Caldwell, Chief of Communitions for VDOT, gave an hour of his time this evening on Truth About Trucking “LIVE” talk radio, to discuss the situation in the State of Virginia, concerning the closings of 25 of the 41 rest areas and the impact it will place on public safety.
SilverSurfer and JB of The American Driver had the opportunity to ask questions and discuss this matter with Mr. Caldwell. July 1st, 2009 is the final date when the State will have made its decision about the closings and the effects will be in place.
Special thanks to all those who tuned in and participated in the discussion. You can catch the 2 hour show here:
Thanks to everyone for letting their voices be heard in this serious matter.
This evening, April 15th, 2009 at 7 PM EST, Truth About Trucking “LIVE” talk radio show welcomes special guest, Jeffrey Caldwell, Chief of Communications for the Virginia DOT. Mr. Caldwell will give as much of his time as possible to speak about the closings of many Virginia rest areas, the safety issue this imposes on professional truck drivers and will answer as many questions that time will allow.
As one of the hottest topics in trucking today, be sure to join us this evening, 7 PM Eastern Standard Time as Truth About Trucking “LIVE” presents both sides of the story . . . only on Blog Talk Radio.
For those who have been following, you know that there has been a tremendous amount of discussion regarding the hours of service rules and the laws of the State of Virginia in regards to truck drivers and the lack of parking. There have been numerous posts on other blogs and many news stations have picked up on it, making the general public more aware of this dangerous situation.
To sum things up, the FMCSA has established the hours of service rules stating that drivers must take a 10 hour break after 11 hours of driving. Next, there is a shortage of parking which has existed for many years now, forcing truck drivers to stop and park at either unsafe or inconvenient locations, taking the law required 10 hour break. The state of Virginia has proposed to close even more parking areas, creating an even more dangerous situation for drivers who need to rest. To make matters worse, law enforcement within the state is ticketing drivers who stop to take their rest. They wake them up to tell them that they are not allowed to park in the areas they are resting in, thus forcing them to “move on”, driving illegally by breaking the required law for the 10 hour break. As you can see, either way they end up breaking the law. Without enough parking available, they are forced to park illegally or forced to drive illegally, without their much needed and federal law required rest.
Recently it has come to our attention that two brothers, JB and Frederick Schaffner ( SilverSurfer) are doing much to remedy this problem as well as many other trucking issues which exist within the trucking industry. Their goal is to create a true unity among truck drivers and be at the aid of drivers in need.
JB and Silver Surfer
Many of you have complaints and are angry and frustrated about these driving conditions and laws which you have been forced to adhere to. Mr Schaffner has written a guideline to go by when addressing the authorities for these matters. We think it should be read and action should be taken if this applies to you:
SIlverSurfer:
“It has been brought to my attention to provide some help with what needs to be addressed. Here are some talking points to aid in your communication…”
1. Ask for the lead person in the specific agency your contacting. Example: Secretary of Public Safety Administrator Ms. Hazelgrove. Always ask for the administrator, but expect to possibly get their assistant.
2. Be clear on why you’re calling. This is an issue of truckers being ticketed and forced to violate HOS regulations and drive tired by law enforcement. Impress upon the individual you’re speaking with the seriousness of this issue. That a situation is being created by Virginia’s law enforcement which could result in a tragic situation, and they are using a law which is incompatible with FMCSA regulations.
3. Point out the Federal Motor Carrier Safety Administration’s regulation being violated. It is Part 355, Compatibility of State laws and regulations effecting interstate motor carrier operations. The state is required to review and determine whether state laws are compatible with FMCSA regulations. And in this specific case…a “Waiver of Determination” [355.25(d)] must be on file to allow the enforcement of the laws being enforced.
4. Remain respectful and don’t become frustrated when ignorance is being relayed back to you in the conversation. Take whatever contact info offered and follow through with contacting the individual you are told to contact. When you do…let that individual know exactly who told you to call them.
5. This is the important part…repeat call 2 to 3 times a week. Do exactly the same thing with your communication. Make it known through this process we are not going away until they abide by the laws which are already in place, and being violated.
This is a battle we can win. The law is very clear regarding this issue…and it’s on our side.
STAND UP, SPEAK OUT OR ACCEPT WHAT COMES!!!
Safe Trails and God Bless,
-SilverSurfer-
This was taken from a recent post in a social media group we encourage all to join:
http://unitedcdl.ning.com/group/theamericandriver
“We are calling upon all truckers to take the few minutes each day and hound these state agencies regarding the time limit parking enforcement, which is in direct violation with FMCSA’s regulations.”
The FMCSA regulations being violated is Part 355
Governor’s Office
Tim Kaine
804-786-2211
VA DMV/Motor Carrier Services
MSCAP Administrator
804-367-0266
Secretary of Public Safety
Ms. Hazelgrove
804-786-5351
Secretary of Transportation
Ms. Evelyn Shelton or Ms. Melony Roberts
804-786-8032
Join us and speak out in the name of safety.
Safe Trails and God Bless,
-SilverSurfer-
SilverSurfer has also recently addressed the Secretary of Transportation within the state of Virginia proving this, by providing stated Federal Laws, that their actions toward truck drivers are illegal when based upon the Federal laws provided by the FMCSA. Included in part of the ending to his letter, he stated, “if only someone within the state of Virgina’s government would only stand up and do what’s right.”
These are the Federal Laws which he referred to when addressing the issue.
Requested Information:
Federal Motor Carrier Safety Administration Regulations
Part 395: Hours of service of drivers
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetails.asp?rule_toc=764§ion_toc=764
This link is to a U.S. Department of Transportation news release.
Please take note of paragraph 4 stating, "...new federal rule
requires all truck drivers to spend at
least 10 hours resting between shifts before being allowed
back on the road."
FMCSA 07-08
Tuesday, November 18, 2008
Contact: Kristin Schrader
Tel.: (202) 366-9999
http://www.fmcsa.dot.gov/about/news/news-releases/2008/111808.htm
This link is to the Federal Register / Vol. 73, No.224 / Wednesday, November 19,
2008 / Rules and Regulations (69567), in which the final rulemaking process was
completed by the Federal Motor Carrier Safety Administration regarding new hours of
service of drivers (part 395.)
http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/E8-27437-HOS-Final-Rule-11-19-08.pdf
Part 350: Commercial motor carrier safety assistance program
350.333 Guidelines for the State Law and Regulation Compatibility Review
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkKey=09016334800242d9&keyword=355
Part 355: Compatibility of State Laws and regulations effecting interstate motor
carrier operations
355.25 Adopting and enforcing compatible laws and regulations
(a) General. No State shall have in effect or enforce any State
law or regulation pertaining to commercial motor vehicle safety
in interstate commerce which the
Administrator finds to be incompatible with the provisions
of the Federal Motor Carrier Safety Regulations.
(b) New State Requirements. No State shall implement
any changes to a law or regulation which makes that or any
other law or regulation incompatible with a provision of
the Federal Motor Carrier Safety Regulations.
(c) Enforcement. To enforce compliance with this section,
the Administrator will initiate a rulemaking procedure under
part 389 of this subchapter to declare the
incompatible state law or regulation pertaining to
commercial motor vehicle safety unenforceable in interstate commerce.
(d) Waiver of Determination. Any person (including any State)
may petition for awaiver of a determination made under paragraph
(c) of this section. Such petition will also be considered in a
rulemaking proceeding under part 389. Waivers shall be
granted only upon a satisfactory showing that continued enforcement
of the incompatible State law or regulation is not contrary to the
public interest and is consistent with the safe operation of
commercial motor vehicles.
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkkey=09016334800242e8The bottom line: We must remain united and continue the true
brotherhood of trucking.
Together we can and will continue to
"raise the standards of the trucking industry.
There’s been a lot of talk about VDOT proposal to close down more than half of the rest stops in Virginia, with most on the I-81 corridor. If this proposal were to pass, more than 300 miles would exist between rest stops on I-81 in Va. Since drivers are required to stop after 11 hours of driving, what happens if there is no parking available? Do they continue driving illegally or do they park illegally? Either way, it could become a serious safety issue for them.
Truck drivers all over are extremely concerned ( to put it mildly). Parking was a problem before the new proposal, how much worse it will be? A major factor we need to look at is the safety of the driver. Recently, a young man was shot twice in the head while parked at an abandoned gas station in a rural area in South Carolina. Jason Rivenburg was only 35 years old with a small child and two more on the way. The reaon for his death? Seven dollars that he was carrying. This story has outraged many, and it should! When those of us, who already know the lack of parking situation, hear about senseless murders like this, taking advantage of tired, sleeping, defenseless drivers, we become angry.
Now, lets look at something else for a moment. The economy as everyone knows, is not at its best. People are losing jobs daily and many become desperate. For a small group of individuals, desperate means that they’ll do anything!
Just think for a moment what the combination is for a falling economy and truck parking closings:
If truck driver Jason Rivenburg was shot and killed for seven dollars, and more rest stops for drivers are going to be closed, what kind of sitting duck targets do you think truck drivers will be when they are forced to pull over in areas so they may legally rest.
Are you seeing the picture? Does everyone see the potential for the risk and safety hazards drivers will be faced with? And what is the major reason for the VDOT rest stop closings? It’s a remedy to save 12 million dollars towards an anticipated 2.6 budget billion dollar shortage. If this proposal goes through, I’m just wondering how many more tragedies would have to occur before someone would admit that perhaps it wasn’t such a good idea.
Personally, I don’t think the proposal will be passed. It will take many of us voicing our opinions though. We have to get the general public involved. When more people outside of trucking are made aware of the seriousness of this situation, they will become involved…it’s just making them aware.
Regulations are always calling out for “safety” first! Where is the safety in causing weary, out of hours drivers being forced to continue on in order to find a safe and secure parking area?
Call your represetatives, contact your local news, contact the DOT.
: 2 Hour Parking, fred schaffner, jb Schaffner, jeffrey caldwell, truck drivers, Truckers, trucking, VDOT, virginia parking
This evening, April 15th, 2009 at 7 PM EST, 
