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Archive for May, 2011

23
May

TravelCenters of America to use Truckers Against Trafficking Training Materials

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Truckers Against Trafficking

PRESS RELEASE
FOR IMMEDIATE RELEASE

TravelCenters of America to use Truckers Against Trafficking Training Materials

Marietta, PA, May 19, 2011 Chapter 61 Ministries, in cooperation with a key trucking industry participant, TravelCenters of America (TA), is expanding its educational outreach on the issue of human trafficking.

Human trafficking training materials, made available to members of the trucking industry through Truckers Against Trafficking (TAT), an initiative of Chapter 61 Ministries, will be used by TravelCenters of America (TA) to educate its workforce and help raise awareness about TAT’s key issues to its community of customers.

“We’re extremely encouraged by TA’s participation to help get our message across,” said Kendis Paris, TAT national director. “Their decision to use TAT materials will disseminate the message to thousands of members of the trucking industry and better equip them to understand and help fight human trafficking, which is why TAT exists.” Commenting on TA’s decision to participate in this educational role, Barry Richards, executive vice president of TravelCenters of America, stated, “Truckers are among our country’s most caring, upstanding individuals, and trucking-related initiatives like TAT work to address issues important to the trucking community.

TA is proud to be part of that community and to play a small part in furthering TAT’s mission among its many trucking community supporters.”

The TAT initiative has a four-fold purpose: to educate members of the trucking/travel plaza industry about human trafficking and the role they can play in fighting it, equip them with tools, empower them with steps to take and mobilize them to take a stand against one of the world’s most lucrative and destructive crimes.

The initiative includes a website, www.truckersagainsttrafficking.com where the TAT video can be viewed; webinars; Human Trafficking 101 classes; wallet cards with questions to ask, red flags to look for and the National Hotline number to call if trafficking is suspected; posters; and publicity and promotion.

Human trafficking, a term for modern-day slavery, is a $32-billion worldwide industry with more than 27 million people enslaved in the world today. In the United States, it has been reported in all 50 states, and the number of victims is estimated in the hundreds of thousands.

For more information, please contact chapter61@gmail.com [mailto:chapter61@gmail.com] or Kendis Paris at 720-202-1037.

For more information about TFC’s Initiative Against Human Trafficking, please contact our coordinator Tammy Stauffer at 717-426-9977, Ext. 104 or Tammys@transportforchrist.org [mailto:Tammys@transportforchrist.org]. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Transport For Christ is a non-profit, non-denominational ministry to the trucking community.

For more information about TFC contact: Jane Evans, Director of Communications P.O. Box 117 Marietta, PA

17547 717-426-9977 ext. 101
jane@transportforchrist.org

© 2011, AskTheTrucker. All rights reserved.

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20
May

ATA Opposes HR756- Paying Truckers for Detention Time

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By Jason Haggard– Truck Driver Advocate

The American Trucking Association has opted to fight against truck drivers once again just weeks after trying to garner national attention for helping them. The ATA sat back and tried to soak up attention in the national spotlight when it came to Jason’s Law saying that they supported the proposed bill and that they realize that drivers are the most important part of the trucking industry.

Today the ATA is not exactly seeking a national stage as their board of directors voted to oppose a proposed bill, HR 756, to regulate the amount of time that a shipper or receiver can delay a driver. What the majority of the public does not know is that many drivers are not paid for their time spent unloading and loading at a facility, and many of those drivers can be delayed anywhere from 2 to 24 hours. The ATA thinks that it would not be fair to trucking carriers and shippers if these facilities were required to be efficient or be fined. Fines are levied by carriers, brokers, and shippers to drivers who are late for pickup and delivery appointments but they do not feel that they should be held to the same standard.

The following quotes are from members of their board of directors, immediately following is my response to them:

“Federal regulation in this area would directly affect shipping rates and would significantly change the playing field for carriers and shippers,” ATA Chairman Barbara Windsor

It would only affect shipping rates if they didn’t load and unload trucks efficiently.

“ATA and its members value the time of our drivers, [but] federal intervention into this area would have significant impacts on the contractual agreements between carriers and shippers,” said ATA President Bill Graves.

This comment says it all, their concern is the carrier and shipper, they are content with drivers not being paid for their time.

“No carrier wants to see our drivers’ time wasted,” said ATA First Vice Chairman Dan England, chairman and president of Salt Lake City-based C.R. England Inc.

“However, this is not an issue that can be handled with a ‘one-size, fits all’ regulation and as a result is best addressed in contractual agreements between carriers and shippers,” England said

Again we see the concern for the carrier and shipper, this coming from a man whose family company was forced into court so it’s drivers could recover wages owed to them by C.R. England due to their illegal lease practices.

What I would really like to know is how an organization like the ATA can say in good conscience that they really support or care about the welfare or financial well being of truck drivers today. This is just another case of the ATA showing support on the surface while they work behind the scenes to keep drivers locked into a poor business practice.

I openly ask anyone from their board or their membership to defend their actions or even come up with a reasonable explanation how they can say they have the best interests of drivers in mind. I honestly don’t think they can, and I think that they know they cannot do it either. Maybe they should consider changing the name of the organization to The American Truck Carrier Trust, or the Anti Truck Driver Coalition, as it seems that everything they endorse restricts drivers more and opens up more financial windfalls for the carriers and shippers.

VOTE TO SUPPORT BILL H.R.756

To direct the Secretary of Transportation to prescribe standards for the maximum number of hours that an operator of a commercial motor vehicle may be reasonably detained by a shipper or receiver, and for other purposes.

© 2011, AskTheTrucker. All rights reserved.

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18
May

Cabotage Laws Allow Mexican Trucks Full U.S. Travel

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Cross Border Trucking

Cross Border Trucking

Many in the trucking industry continue to state that according to the cabotage laws, that trucks from Mexico will only be able to deliver their freight from Mexico to the assigned U.S. destination and can only pick up another load from that destination or close by, and must head back straight to Mexico.

We have been stating that this is incorrect and that Mexican trucks will be able to move freely through-out the United States, even when deadheading to pick up another shipment.

We have confirmed this through correspondence with an official at the U. S. Department of Transportation.

We posed this question through the Trucking Solutions Group:

  • “If a Mexico based truck delivers a load to Idaho, can the driver legally drive from Idaho to Missouri to pick up a load going back to Mexico?   It is 1,617 miles from Boise, Idaho to St. Louis, Missouri,  so can this driver travel any number of miles in the United States  once he or she  is empty, to pick up a load going back to Mexico?  Is this correct?”

Answer:

  • “Yes, you are correct.  The distance isn’t the answer but rather defining and understanding the movement.” (Dolores Macias, U.S. DOT)

Therefore, we now know with certainty, that due to the way the cabotage laws are written, Mexican trucks and their drivers will have full access to U. S. travel.  Here is the big problem that will most likely be coming . . .

Although the driver can deadhead for the load heading straight back to Mexico, because of the way the cabotage laws are written, it will offer opportunity for U. S. interstate freight to be moved by Mexican nationals for American companies,  (whether they be domiciled in Mexico or the U. S.) at cheaper wages;  even though the law states they may not pick up and deliver within the United States.

Keep in mind that American companies can hire Mexican nationals as long as they are moving freight to and from Mexico.  However, if these drivers can travel through-out the U. S. to pick up another shipment  in order to return to Mexico, the temptation to pick up and deliver another load “along the way” is great.  From what we understand, there have been Canadian drivers who are already doing this and have been for many years.  It only takes a few “changes” on the shipping papers to make it happen.

Because the cross border opening just happens to fall right in line with the enactment of the CSA and the renewal of NAFTA, it is all about moving the freight at the exploitation of the Mexican drivers at a lower wage.  Furthermore, American drivers will continue to remain at their stagnate pay scale due to the influx of a low-pay group of drivers . . . the main objective of the cross border action.   Both Mexican and American truck drivers will be the pawns used in the cross border trucking exploitation.

Even if the Mexican drivers and the U. S. trucking companies adhere to the cabotage laws and do not allow the transporting of goods within the United States before returning to Mexico, I contend that eventually, the companies and trucking organizations will call for this ban to be lifted, citing the excuse of a truck driver shortage.

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13
May

Truck Stop Tiger Wins Freedom

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Tony the Tiger

The "REAL" Tony the Tiger

After 10 years of life in a cage, Tony the truck stop tiger has won his freedom.  The Siberian Bengal tiger has spent his entire life at the infamous Tiger Truck Stop in Grosse Tete, Louisianna surrounded by diesel fumes and living conditions that were harmful to his well-being.  Activists from around the world have supported in the fight to free Tony for years.

On Friday, May 6th 2011, District Judge R. Michael Caldwell of the East Baton Rouge District Court granted the Animal Legal Defense Fund’s request for a permanent injunction against the Louisiana Department of Wildlife and Fisheries.  This action prevents them from renewing the annual permit that allows truck stop owner, Michael Sandlin to keep Tony as of December 14th, 2011.

The Animal Legal Defense Fund continues their effort to help free Tony before December 14th by submitting a new petition which would call for the immediate revoking of the permit that allows him to remain at the truck stop.

The fight for Tony’s freedom has drawn the attention and help by celebrities such as Leonardo DiCaprio and Kristin Bauer. Credit can be given to all of the thousands of people from around the world who have worked tirelessly for ten years in the plight for Tony’s freedom, but two advocates particularly should be noted for their endless work in this cause:

Sky Williamson who has spread the word about Tony through her Tony the Tiger Facebook page and Dee DeSantis with her free Tony the Tiger wordpress blog.  Everyone involved resulted in what is being called a “Victory for Tony” but these two advocates should be noted for their endless work towards drawing attention and awareness to the case.

For now, Tony will gain his long awaited freedom on December 14th, 2011.  You can help to have him removed before this date, to what will possibly be the Big Cat Rescue in Tampa, Florida by signing the new petition from the Animal Legal Defense Fund.


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12
May

Trucking Industry Unites as Jason’s Law is Re-introduced

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Yesterday,  May 11th, 2011 was a victory and display of “Trucking Unity” in Washington D. C. as supporters gathered for the official announcement of the re-introducing of Jason’s Law H.R. 1803

http://www.askthetrucker.com/videos/Tonko-Press-Release-Jasons-Law-5-11-11.mp4" target="_blank" rel="nofollow" >Video of Washsinton DC  Press Conference re-introducing Jason’s Law

Joined together  at a press conference with Congressman Paul Tonko (D-N.Y.) at the House Triangle outside of the Capitol Building , stood Hope Rivenburg, widow of truck driver Jason Rivenburg, along with:

  • Todd Spencer, Executive VP, Owner-Operator Independent Drivers Association (OOIDA)
  • Lisa Mullings, CEO, National Association of Truck Stop Operators (NATSO)
  • Richard Henderson, Director of Government Affairs, Commercial Vehicle Safety Alliance (CVSA)
  • Paul Oakley, Senior VP, American Moving & Storage Association (AMSA) and
  • Mary Phillips, Senior VP, American Trucking Association (ATA).

The press conference occurred 1 day after the press release from Congressman Tonko’s office.  The press conference announced the introduction of the bill, Jason’s Law H.R.1803 which would provide increased truck parking facilities across the country, addressing the severe shortages which have been in existence for nearly 2 decades.

HR 1803 will be within an amended version of SAFTEA-LU within the new Transportation Bill.  Funds for the bill will be from an existing congestion mitigation air quality account which would address Republican concerns for “no new spending.”

Hope Rivenburg will be lobbying once again, gathering support for co-sponsors.  The Bill already has bipartisan support with Rep. Erik Paulsen, R-MN as an original co-sponsor.  HR 1803 has now been referred to the House Transportation and Infrastructure Committee.

Jason’s Law would create a grant program of 20 million dollars per year over 6 years that would help alleviate the parking shortages and help pay for expansion and safety improvements at existing rest areas. Many of the country’s rest areas have been forced to close because of the lack of state funds which has added to the already critical shortage of truck parking.  Sections of HR 1803 will address these rest area closings as – “Truck Parking Inventory.”

The bill will address construction of new parking, improvements to existing commercial parking areas, tracking of open parking spaces and improvements to existing non-commercial parking facilities accommodating large trucks.

Two years ago a similar bill, HR 2156 was introduced by Congressman Tonko to Congress after one of his constituents of Schoharie County, truck driver Jason Rivenburg, was shot and killed as he parked to rest for the evening at an abandoned gas station in South Carolina. Because of the isolated location of the gas station, Jason was an easy target for crime (robbery) and his life was taken for a meager $7.00.

He left behind his pregnant wife Hope, a 2 year old son Josh and unborn twins. Unfortunately, this sort of criminal activity is way too common for many truck drivers as they struggle to locate safe haven to rest, finding themselves at many times, to be” sitting ducks” for criminal opportunists due to the truck parking shortages.

The lack of truck parking also causes highway risks as drivers are forced to drive tired attempting to locate available parking, forced to park on exit and entrance ramps and risk breaking federal HOS laws.

Hope Rivenburg spoke to us today and has expressed her gratitude for everyone coming on board with Jasons Law, including Lisa Mullings, CEO of NATSO who personally told her that NATSO is a strong supporter of Jason’s Law.

The bottom line is that the trucking industry is in agreement that the safety of truck drivers should be a major focus. The new federal regulations and proposals being placed upon drivers will greatly enhance the dangers of the truck parking shortages existing. As highway safety is a major concern of the DOT and FMCSA, the need for more truck parking is a vital and key piece to ensure their goal of safety for all.

Hope Rivenburg is a nominee for the “Making a Difference Award” which will be presented at the First Annual Truck Driver Convention in October in Tunica, MS.
Unity and Support for the professional CDL driver will be the theme of this ground breaking event.  Supporters and sponsors thus far for the event include IdleAir, Pilot/FlyingJ, T/A-PetroTravel Centers, Lone Mountain Truck Leasing, OOIDA, The Load Post, The Truckers Forum, Trans Products and Services and Hotels4Truckers.org.

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5
May

Truck Drivers with Diabetes – How High is too High?

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Blood Sugar 210

Blood Sugar 210

Sites all across the internet are showing that qualification for a CDL truck driver requires a blood sugar reading of less than 200.  I would like for someone, anyone,  to provide me with the link to the regulation that actually shows this to be the case.

According to the FMCSA under Part § 391.41, an applicant is qualified to operate a Commercial Motor Vehicle if he or she :  “Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.”

Again, we must note that truck drivers requiring insulin may still be able to drive under the Federal Diabetes Exemption Program.

Nowhere in the regulations, that I can find, does it specifically state that a commercial truck driver’s blood sugar must be under 200.  Many sites report that the 200 minimum is listed on the CDL Medical Examination Report, which I found to be false as well.

According to Barnes Care, an occupational medicine facility, new DOT Medical Guidelines went into effect on September 30th, 2004.  They note that a CMV driver’s blood sugar reading must:

  • Maintain a fasting blood sugar of 140 or below or . . .
  • Maintain a 2 hour postprandial blood sugar of 200 or less or . . .
  • Maintain glycosylated hemoglobin of 8 percent or less

Word has it that the FMCSA will be moving away from the urinalysis test for sugar and will be going to the A1C blood testing.  Currently, the American Diabetes Association recommends an A1C reading of under 7% for those with diabetes, but actual guidelines for the CDL truck driver has not been established.

  • The “normal” range for blood sugar is typically 70-100 fasting and not over 135-140 after a meal.

Still, actual blood sugar levels required for CMV qualifications are not listed anywhere within the Federal Motor Carrier Regulations that I can find;  only the mention of diabetes mellitus. So where is the “under 200″ figure coming from?

Speaking with a local Diabetes Center, I was told that blood sugar readings had the following meaning:

  • 70-140 = normal
  • 140-160 = elevated
  • 160-200 = high
  • 200 and above = dangerous

Anyone with an actual link to the FMCSA regulation showing that qualifying CDL truck drivers must show a blood sugar level of under 200, please provide the link through our “comment” page.

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