Archive for August, 2011

Rickey Gooch of Justice for Truckers

By:  Rickey Gooch of Justice for Truckers

Top 25 CSA violations by truck drivers and motor carriers

1. Driver’s record of duty status not current

2. Inoperative required lamps. A direct cause of being stopped and inspected

3. Log violation (general/form and manner

4. Requiring or permitting driver to drive after 14 hours on duty

5. Tire—other tread depth less than 2/32 of inch. A direct cause of being stopped and inspected.

6. Speeding. A direct cause of being stopped and inspected.

7. Brake connections with leaks/constrictions.

8. No/defective lighting devices/reflective devices/projected. A direct cause of being stopped and inspected

9. Failing to secure brake hose/tubing against mechanical damage.

10. Clamp/Roto-Chamber type brake(s) out of adjustment.

11. No/discharged/unsecured fire extinguisher.

12. Inspection/repair and maintenance parts and accessories

13. Automatic brake adjuster CMV manufactured on or after 10/20/1994— air brake

14. Oil and/or grease leak. A direct cause of being stopped and inspected

15. Failing to use seat belt while operating CMV

16. Inoperative head lamps. A direct cause of being stopped and inspected

17. Driver failing to retain previous 7 days’ logs

18. Requiring or permitting driver to drive more than 11 hours

19. False report of driver’s record of duty status

20. Brake tubing and hose adequacy

21. Inoperative tail lamp. A direct cause of being stopped and inspected

22. Stop lamp violations. A direct cause of being stopped and inspected

23. Flat tire or fabric exposed. A direct cause of being stopped and inspected

24. Inoperative turn signal. A direct cause of being stopped and inspected

25. ABS-malfunctioning indicator lamps — trailer manufactured on or after 3/1/1998

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: CSA violations, motor carriers, Rickey Gooch, top 25, truck drivers, truckers for justice

For legal assistance, locate an attorney that specializes in workplace harassment.

The harassment against women truck drivers by men is one of those “dirty little secrets” of the trucking industry.  The majority of harassment incidents against female drivers go unreported because as in most cases, the women does not think anyone will believe her or for fear of being terminated.  Even as some women have come forward to report such cases, they found themselves victims of further harassment by fellow drivers, as well as the industry itself.

Recently, an organization for women drivers met with officials at the White House to discuss this issue, including establishing a national hot-line for women to call for help in a harassment situation.  It should be noted that this idea originally came from Donna Smith of Ask The Trucker and Desiree Wood of Real Women in Trucking.  Regardless that such organizations will take ideas and solutions from others and present them as their own, the industry has somewhat stepped forward to acknowledge that harassment against women in trucking by men is indeed, a serious problem.

Although the majority of male drivers act in a highly professional manner, harassment by men against women truckers remains a fact within the industry.  The following email came to me by a female driver who just recently, fell victim to this issue:

“I was working at XXX out of Iowa. All was going well when me and another one of their drivers had to exchange trailers at a shopping mall. OK, I had met the driver at the terminal once and spent time talking to him.  So, anyhow, when he arrived at the mall, his truck was parked next to mine. I was in the mall taking a walk. To make a long story short, he was pointing out my fairing was bent and started to point out every flaw he could intimidate me with saying I did this and that.”

“He took pictures without my knowledge and sent them to HR at XXX.  The following Monday they fired me. He did this by the way because I would not spend the night with him and I moved my truck so I would not be parked next to him. What a creep. I had to file with DAC and also with NY state Human Services too. That company is creepy too to have done this to me. So, this is the truth about trucking. The horrible things that we have to go through.”

“I even offered to have them take it out of my pay for the minor damage, which I did not even know about. Truth about trucking is some of these companies are such liars and unfair its sickening. I am a great driver and just hate how I was treated. At the time I had my son with me as a passenger, he was shocked and I just felt like such a failure for this to happen in front of him. Now, I am going to go and apply for a boat job instead. I will drive again sometime, but not now if I can help it!”

I receive many emails from women sharing stories similar to this one, with most adding: “Nobody will believe me” or “I can’t afford to lose my job.” In the political arena of the U.S. trucking industry, there will always be organizations that will use information they received from other sources, keeping the recognition for themselves; it is the nature of the beast.  However the information becomes more public,  it is still a good step in the right direction for working to bring a solution to the harassment of women truck drivers by their male counterparts. But placing all the blame on the men who show such disrespect toward women in trucking is not the complete path to take . . . the problem runs much deeper.

As in the email shared above, the trucking company, as in most cases, chose to stand by the man’s side of the story.  The Human Resource department (HR) found it much easier to get rid of what they perceived as the problem . . . the women.  This poor excuse of a “man” cost this lady her job because she declined his sexual advances and all the HR could see were the pictures he provided to add further strength to his story.

On this trucking company’s website, they boast of true integrity and work ethic and pride themselves of having a supportive team for drivers.  As is most often the case in OTR trucking . . . just cleverly designed ads to pull in the unsuspecting professional driver.  How can any accomplishment be made against stopping the harassment by men against women in trucking, if the own HR department of the motor carriers choose to give zero support to the female victim?

As in the case of this trucking company, they followed the ignorance of most of society.  The problem of harassment against women truckers not only lie with the men who commit this crime, but also with the motor carrier who chooses to ignore it, joining society in the belief that it “must be the women’s fault.”

As certain trucking organizations and associations see this as another opportunity to receive more funds from the government, one has to wonder if anything will actually get done toward helping women drivers who find themselves in a harassment environment.  Are they serious about the problem, or is it just another photo op?  Only the future will tell.

If you are a women trucker who has experienced harassment and your motor carrier has ignored your report or has shown some type of retaliation against you, please note the following information:

• Federal Law

The federal law prohibiting sexual harassment in the workplace is Title VII of the 1964 Civil Rights Act, as amended.  The law makes certain employers responsible for preventing and stopping sexual harassment that occurs on the job.

• Retaliation is Also Against the Law

Not only is sex harassment against the law, but so is retaliation against someone for complaining about sexual harassment or for participating in an investigation of sexual harassment.  Examples of retaliation include:  you are made to take an unpaid leave of absence, you are reassigned to a less desirable position or you are terminated from your job.

• Employer responsibilities to employees

Title VII makes employers liable to prevent and stop sexual harassment of employees. Under Title VII, covered employers must: (1) take reasonable care to prevent sexual harassment; (2) take reasonable care to promptly correct sexual harassment that has occurred. If your employer has a policy but does not enforce it, or if an employer fails to investigate sexual harassment complaints but investigates other complaints of misconduct, then the employer may not be taking reasonable care.

Before an employer can be legally responsible for taking reasonable care to correct sexual harassment, the employer must be aware that the harassment has occurred.  For this reason, it is important to follow your company’s internal grievance procedures, if they exist, or to otherwise notify your supervisor if you are experiencing harassment.

• Help Resources

U.S. Equal Employment Opportunity Commission (EEOC)
Toll Free: (800) 669-4000

Resources : Equal Rights Advocates (ERA)

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: attorney, equal rights, harassment, harassment by men, harassment law, trucking, women in trucking, workplace harassment

Stavely Head Limited

HGV insurance with a difference

Despite tentative signs that the days of soaring oil prices may be drawing to a close, heavy goods hauliers have yet to feel the benefit in their pockets.

Although the cost of crude has been on the slide since peaking in April, the average US freighter will still find themselves forking out over $3.80 per gallon of diesel – 35 per cent more than this time last year.

But while haulage firms can do little to drive down the price of their vehicles’ juice, they can minimise the damage it does to their balance sheets. One way to offset stifling fuel costs is to minimise insurance premiums, and there are a number of factors that can help keep cover rates down.

1. Have a safe pair of hand at the wheel? Make the most of them. Many insurers have policies, like Staveley Head’s haulage insurance that let you transfer your No Claims Bonus from another vehicle to the truck you want to insure. Even if you don’t want to transfer, a blemish-free record will entitle you to a discount.
2. Accident-proof your trucks. The safer the vehicle, the lower your premiums are likely to be. This may sound obvious, but there are a multitude of minor and major upgrades that can help reign in your rates – from fog lights and anti-lock brakes right down to storage space for spare parts.
3. Tinker with your policy. Different firms will require different haulage insurance arrangements. Owner-operators will find named driver policies offer best value, but hauliers with large fleets may need more flexibility.
4. Experience pays. Years spent in the cab don’t count for nothing, and drivers who have been at the wheel of HGV’s for years can get discounts on their premiums – with or without a No Claims Bonus. After all, accidents can happen — even to the best of us.
5. Secure low rates by securing your trucks. A lower risk of theft or criminal damage will mean lower premiums too. Many policies demand on-vehicle tracking devices as standard, but you can make further savings through alarm systems, immobilisers and ensuring overnight stops are at secure locations.

If you follow these few simple steps, you should see your premiums dropping wherever you’re located and hopefully offset the ever-present threat of further fuel price hikes.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: heavy goods hauliers, HGV, high fuwl prices, Staveley Head’s haulage insurance, Stavely Head Limited, trucking

iSocial Academy

In this age of technology, with instant messaging and the ability to connect and communicate around the globe within a matter of seconds, social media has become a primary source of interactive dialogue for both business and personal strategies.

One industry that is still considered to be following behind on the use of social media, is the trucking industry.

Although there has been a jump of 13% since 2009, still, 44% of trucking companies report that they do not use any form of social media within their business strategies.

As a business owner, when you look at the overall missed market potential, the numbers are staggering:

• Facebook — Over 750 million users
• Twitter — Over 300 million users
• LinkedIn — Over 1 million users
• YouTube — Over 2 Billion views per day

Social Media is used for a variety of reasons including spreading messages virally throughout the internet to reach thousands, sometimes millions. Those messages differ depending on the source. Individuals with blogs and websites have ideas, information and plans they want to share, but how do you get people to read your message?  How do you become known?

There are individuals who want to monetize their blogs, creating an extra source of income but don’t know how.

Companies also are realizing the value of social media , however many are confused on how to be most effective, many companies actually doing more harm than good. Many more, although doing well with their efforts, are still not maximizing their true potential to reach their audience.

There is no doubt that social media will be a vital medium for the trucking industry and we intend to share with everyone how we can all use it to the best of our ability and most effectively.

Landon Middleton is a highly sought after internet marketing expert that leverages the iSocial Academy expertise and secrets of social media for his clients in the trucking industry, and is founder of Ultimate Marketing Solutions.

Working directly with Austin Walsh, he is currently creating and managing social media campaigns for clients all across the country.

As a guest speaker at the upcoming truck driver convention,  Landon Middleton was our special guest on Truth About Trucking “LIVE”, giving insight into how the trucking industry can harness the power of social media within their business.

Thursday, August 25th, 2011 :

Landon Middleton, truck driver convention speaker, is an internet marketing expert that teaches the inside secrets of social media for his clients within the trucking industry.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: Austin Walsh, iSocial Academy, Landon Middleton, truck driver convention, trucking business strategies, trucking convention, trucking social media

Truck Driver PSP

In years past, trucking companies pushed drivers to run over the HOS rules and many other violations, showing complete disregard for their safety and health.

Now, with the recent implementation of the CSA, this practice is coming back to bite them.  Drivers, loyal to their motor carrier for years, are now being terminated due to a high severity weight score on their pre-employment screening program (PSP).

The most recent email received states:

“I was recently let go by my company because of my csa points.  All the points were do to problems with the equipment, which I would report to the company, but was told to “get moving” anyway.  Now, after 16 years of driving, I’m out of work.”

As drivers are now discovering, this is a big problem with the CSA.  Even though the violations were due to the carrier’s equipment (this falls under the 7 BASICS, specifically the Vehicle Maintenance BASIC), the driver will be found to be in violation, as well as the carrier, raising the motor carrier’s “unsafe” safety score.

There are two measurement systems under the CSA:

1. DSMS — Driver Safety Measurement Systems
2. CSMS — Carrier Safety Measurement Systems

The two go hand in hand, meaning that points received by a driver, also will go against the carrier.  This is the FMCSA’s idea of making both parties, the driver and the motor carrier, equally responsible for safety.  As we are seeing already, this is proving to be another injustice to the professional truck driver.  Drivers are reporting in that due to their PSP points, their jobs are being lost and other carriers refuse to re-hire.

This email correlates the truck driver PSP with the HireRight DAC report . . . a prediction I made several months before the implementation of this program:

“After six years with my carrier, I was terminated because of my PSP score showing a “little too high” for their “standards.”  Forget the fact that they tried to run me in the ground, violating every rule out there, but now, because of them and trying to be a good employee and getting the job done, they fire me because of my PSP record!  Applying with other carriers, they all want to pull my PSP first.  I know that they can not pull my PSP without my consent, but this is a farce of the FMCSA as well.  If I give them my permission, they’ll see the points and most likely, not hire me.  If I refuse my consent, what do you think will happen?  They won’t hire me either.  This PSP is nothing more than another DAC report which will be used to destroy good drivers’ careers.”

Every driver should be aware of the points that can accumulate from violations and effect their PSP score:

How to get a copy of your PSP records

• To purchase a copy of your PSP records
• To file a challenge with DataQ about the accuracy of information on your PSP  (Registration Required)

This is the new standard for hiring drivers.  As the FMCSA website clearly points out:

“The program helps motor carriers make more informed hiring decisions by providing electronic access to a driver’s crash and inspection history from the FMCSA Motor Carrier Management Information System (MCMIS).”

Sound a lot like DAC . . . doesn’t it?

The severity weight system can be found on pages 78 through 118 of the CSA Safety Measurement System (SMS) Methodology.  Another driver recently advised us that he had stopped for the day and after setting the brakes, the truck began to roll.  Marking this brake issue on his post-trip inspection, he was then fired by the carrier.  The FMCSA has created another demon for the professional truck driver.

There is no set maximum points that a driver can reach before being deemed unsafe and terminated.  This figure is at the sole discretion of the individual motor carrier.  Points attained will not show up on the PSP report. The PSP will only show the violations and you must then cross-check them with the points shown on the SMS.  There are 3rd party companies such as Vigillo, LLC which provide comprehensive data analytics, providing drivers with a CSA scorecard.   Another example of a money-maker business created from the CSA.

Data collected for the two measurement systems basically come from four sources:

• Roadside inspections
• Violations that have already been recorded
• State reported commercial vehicle crash data
• Motor carrier census data

Violations that DOT and law enforcement have ignored in the past, such as driving with a flat tire or having a marker light out, are now being enforced and citations given out.  As an example, operating a CMV on a flat tire will add eight points to your PSP . . . having a marker light out will give you two points.  If you’re caught texting while driving, you will be hit with ten points, the highest amount given, which by the way, is the same given for reckless driving.

Remember, it’s not only points you’ll receive, but you will still have the fine to pay as well.  The CSA has given law enforcement the key to a huge money-making program to help bring in much needed revenue for states.

The number for a “maximum points” level that is being thrown around is sixty, but again, there is no set maximum points that a driver can reach before facing possible termination.  The carrier can determine if it’s sixty or six . . . it’s at their discretion.  Although motor carriers created the atmosphere which resulted in drivers obtaining violations in the past, they are ignoring this fact and now using the PSP as the reason for the termination of drivers.

Furthermore, the entire CSA issue, I believe, falls right in line with setting the stage for the recent cross border trucking agreement.  Before an employer in the U. S. can hire a foreign worker, they must first apply for a Foreign Labor Certification.  However, before they can receive the certification, they must first show that there are insufficient qualified U. S. workers available and willing to perform the work at the present wage.  This is to ensure that admitting foreign workers will not affect job opportunities, wages and working conditions for the American people, in this case . . . the American trucker.

As the PSP is being used by motor carriers to terminate drivers for violations that the carrier pushed for and allowed to occur in the past, it now gives the trucking industry a reason to allow foreign workers into the United States:  there is now a shortage of qualified, American truck drivers.  Get it?

As a California law firm establishes the first DAC Report Class Action Registry, attorneys should take notice of the truck driver PSP program.  The truck driver PSP is quickly shaping up to be another DAC report to be used by the carriers against the professional truck driver.

© 2011, Allen Smith. All rights reserved.

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Dynasys APU Give-A-Way

As a truck owner operator or fleet owner, how would you like to win a Dynasys APU for your truck?

The unit, valued at $8,200 installed, will be awarded to the winner of the Dynasys APU Give-A-Way, presented by Hodyon, Inc., during the upcoming Great American Trucking Show in Dallas, Texas.

Hodyon, one of the top APU manufacturers in the country, will give away the unit during the show, to be held between August 25-27, 2011.

The contest rules could not be easier.  Here is all you have to do to get in on your chance of winning a Dynasys APU:

1. Visit the Dynasys booth which will be near the Pride and Polish Show booth at GATS.
2. Tell them about the worst night you ever spent in your truck.
3. Based on your story, they will determine who’s story is the “worst” and award that person with a FREE Dynasys APU.

You can also get into the contest just by filling out an application for the Dynasys payment plan program.  That’s it!  Drop by their booth at GATS, tell them your worst story . . . and you could be the winner of the Dynasys APU System Give-A-Way.

Good Luck!

Allen

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: apu, APU give-a-way, APU system, Dynasys, GATS, GATS booth, Great American Trucking Show, Hodyon, Pride and Polish Show, trucking show

DAC stands for Drive A Check

In July of 2009, I began the Stop False DAC Reporting petition which as of this date has received 2,180 signatures.  Having been in contact with several law firms across the country, it has been an on-going battle to bring an end to the abuses faced by many professional truck drivers in regards to false information being placed on their DAC reports by trucking companies.

One of the major obstacle that truck drivers face is the ability to find employment, once false information has been reported on their DAC report.  It can literally destroy their career.

Most often, the false information has been reported to USIS DAC Services by the trucking company for retaliation purposes against the driver; even for such reasons as the driver leaving for better employment.

DAC Report Class Action Registry

One of the many law firms I have had contact with since beginning the Stop False DAC Reporting initiative has launched the DAC Report Class Action Registry. Their goal is to learn more about the problem of false DAC reporting directly from truck drivers, in hopes that a pattern will emerge that justifies class action treatment.

If you have been injured by false information in your HireRight USIS DAC Services report and you are in favor of a class action to stop false DAC reporting, please share your DAC experience with the Registry.  Your story will help the Registry in identifying a group, or groups, of drivers with claims against a common trucking company that are sufficiently similar, to be brought as a class action suit.

Whether or not you are interested in filing a lawsuit, or even participating as a class member, there are potentially thousands of truck drivers who could benefit from you sharing your story with the Registry.

False DAC reporting is one of the biggest problems within the OTR trucking industry. Share your story with the Registry and continue to sign the Stop False DAC Reporting petition.

Regards,

Allen Smith

Truth About Trucking, LLC

“Raising the Standards of the Trucking Industry”

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: dac petition, dac report, DAC Report Class Action Registry, dac reports, false dac reporting, otr trucking, truck driver, trucking company

2011 Truck Driver Social Media Convention

The First Annual Truck Driver Social Media Convention is only 2 months away and what started out initially to be a convention for drivers, is quickly becoming a trucking social media event for the industry. The first time ever event is uniting truck drivers and their supporters from around the country and is rapidly grabbing the attentions of industry leaders.

People from various segments of the industry are securing their seat in order to take advantage of the benefits of this convention, including the importance of incorporating social media into their campaign for success, whether that is corporate or individual.

The fact is that whether you are a truck driver, company, or an organization, the need to reach your message to thousands with a click of a mouse is vital in order to achieve the full potential of your goals.

People are realizing the benefits of networking with one another, sharing their knowledge and experience within the industry, recognizing that those you once may have thought of as rivalry can now be your ally.The notion of being transparent and approachable to secure success is somewhat foreign and uncomfortable to many; furthermore, how to go about executing it properly, without ill effects, remains somewhat baffling.  The Social media speaker will be addressing these concerns.

Another reason that folks from various areas within trucking are attending is the “all star” cast of speakers which are attending the convention.  Rich Wilson; Regulations Specialist, Paul Taylor; Trucking Employment Attorney, James McCormack: Trucking Careers Advisor, Jon Osburn: Truck Driver Health; Eddie Gichuhi: Truck Driver Business Success, and of course Austin Walsh and Landon Middleton presenting on Social Media.

Those within the industry are also focused on what drivers will be discussing during the open forums and during the downtime.  Trucking is at one of the biggest crossroads of its history, concerns such as CSA, HOS, EOBR’s, anti-idling, cross border  trucking,  and driver shortage and low wages,  have sparked attention and has affected most . The need to openly express opinions regarding these issues and to communicate and discuss them with one another is of vital importance.  Understanding each other’s position is essential.

Drivers are attending to show their unity and many sponsors who have come on board are supporting them.  Drivers desire to be recognized for their skills and achievements by one of their own, not just as a token mention, but as a genuine display of tribute and appreciation, is something which needs to be done.  Professional drivers are also encouraged by the opportunity of being able to monetize their websites and blogs as a means of supplementing their income as they also can spread their word and message across the internet.

The convention is not a truck show or expo, but more like a town hall meeting within a ballroom setting.  Food, speakers, open discussions, prizes, and entertainment will all be a part of the 1 day 15 hour event.
Many are attending to meet those who they have been communicating with for years with through social media websites.

The convention is a major step in the right direction, displaying unity for drivers and  all those who would like to network with one another in order to “raise the standards of the trucking industry”

Deadline for tickets reservations and reduced room rates is September 1^st!

Bronze Sponsor slots are still available and requests can be made by emailing info@truckingsocialmedia.com or 352-505-8162

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: Austin Walsh, Landon Middleton, social media trucking, truck driver convention, truck shows, trucking, trucking convention, trucking industry

OTR Trucking

Pushing drivers over the HOS rule, filing false information on their DAC reports, cutting their miles, starving out both experienced and new drivers, failing to raise driver pay for decades, terminating drivers for following CSA regulations . . . motor carriers can dish it out, but they sure can’t take it.

As drivers voices become louder and stronger through the usage of blog posts, facebook, twitter and other various media outlets, motor carriers now face something that they have never had to face before . . . outside accountability.  Spending tens of thousands of dollars per year on media advertisements, now when a carrier places an ad proclaiming high pay and driver support, they better deliver on their promise or they could find their company plastered all over the world wide web, for those considering a truck driving career to see.

The information highway is growing larger and faster with each passing day and more people are using the internet as their main source of research, than any other form of media or publication.  As of March 2011, the estimated number of internet users reached 2, 095, 006, 005.   In relationship to the world, this means that 30.2% of the world’s population is using the internet and for North America, 78.3%.

For the period between 2000-2011, world internet users grew by 480.4% and users in North America grew by 151.7%.  A motor carrier looking to hire drivers with promising ads, should seriously consider delivering on those promises.  Motor carriers have never had to deal with outside sources working as “watch dogs” for the industry and for drivers.  In years past, they have controlled all the reins, with no challenges from anyone or anything.

“Do as we say, or be fired.”

Even as the CSA takes hold on the industry, drivers are still finding themselves victims of an industry that has a long history of employee retaliation.  Suddenly, out of nowhere, trucking social media hit them right square between the eyes.  The truth about termination retaliation and driver black balling became publicly known.  The truth about trucking company lease purchase plans began to spread and more newcomers to the industry have become much more educated.

It is always important to point out that this game which is played out through the industry, does not apply to all motor carriers.  In 2009, the last stats available at this time, there were 703,000 active  motor carrier companies in the United States.  To say all are dishonest would be foolish.  There are many motor carriers that prove to be highly supportive and excellent employers, on a daily basis.  The majority of the problem within the trucking industry as it relates to drivers, come from the starter companies, but as we also know, can include some of the larger motor carriers as well;  those which continue to use drivers as cheap labor and pulling in the unsuspecting CDL student, using them as a revolving door for receiving government subsidies.

Not all truck driver advocates are advocates.

Professional truck drivers have enemies from all sides, including other professional drivers.  Over the road trucking comes with many obstacles and even more agendas and the trust factor can often be misleading.  Many say the right thing, while working toward another goal on the side.  It reminds me of a saying, years ago, that I would always tell my students:

“The most frightening adversary is that who befriends you to your face, while plotting to twist the sword in your back.”

Professional truck drivers have many adversaries, thus the reason for their mistrust . . . all of which is often justified.  The OTR trucking industry is an industry where, all too often, the employee is pitted against the employer.  Through years of struggle and hardships, faced by many drivers, instead of being allies, the driver and motor carrier become rivals.  What is even sadder, is that this has become to be expected.

Many of these motor carriers and trucking organizations, associations and publications continually express their concerns and support for the truck driver.  For many, it is the very foundation for their existence.  Comments are made by these carriers and organizations daily, presenting their support for drivers and their never-ending plight for watching out for the driver.  There are major trucking publications, in business to bring news and information for the professional truck driver and always expressing their support for drivers;  for someone looking in from the outside, support for drivers appear to be over flowing from all corners of America.

When one takes the time to really look, the truth and underlying agendas can be seen very visibly:

• Trucking organizations which always express their support for drivers, have virtually ignored an event . . . for drivers.
• Major trucking publications, founded on the principle of bringing industry news to drivers, have virtually ignored an event . . . for drivers.
• Nationwide motor carriers, continually expressing their support for drivers, have virtually ignored an event . . . for drivers.

In fact, in one of the groups on LinkedIn, a discussion that we started about the event was immediately removed.  It is not a coincidence that the group leader is associated with a major U.S. motor carrier.   In another group on LinkedIn, when a member of the group made a post, asking about their support for the truck driver convention, the member received the following reply:

“As the group manager, it is my job to enforce the group rules and it rather looks as though you may be on thin ice with the Truck Driver Social Media event, because it is clear that there is a link between you and “Allen Smith”, Owner, AskTheTrucker.com.”

Others have shared their experiences with us, regarding comments they have heard by motor carriers about the event:

• “We do not want motor carriers to show support for this truck driver convention.”
• “Do not support this driver convention in Tunica, Mississippi.”
• “Why would we support a convention for drivers?”

Yes, the professional driver has many adversaries, but as a newcomer to the industry, one can still have a decent career in trucking.  It takes putting in your dues, sacrificing the first few years at low pay, disrespect, many obstacles and understanding that a large percentage of motor carriers do not have the best interest of the driver in mind.  After building the driving experience, if it is not working out for you, you can move away from that starter company and into one of the motor carriers that treat their drivers as professionals, and yes, these types of carriers do exist.

Furthermore, after building the experience required of the industry, you can leave OTR and position yourself with a local driving job, leave OTR trucking and never look back.  Nobody in the industry can tell you how OTR truck driving will work out for you.  It is impossible to do because of so many variables involved.  New drivers right out of CDL school have done great, while decade long veterans have struggled through out their careers.

For now, the power still lies with the motor carrier and whether or not they wish to operate in a professional manner, or continue to get by off the sweat and blood of the professional truck driver.

Should they choose the latter, they may want to keep in mind the ever growing preponderance of social media.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: career, motor carrier, motor carriers, social media, truck driving, trucking, trucking event, trucking news, trucking publications

Challenge September 2011

Challenge Magazine, the official publication of Pilot/Flying J Travel Centers, shares a featured story by Amanda Jakl,  on the upcoming 1st Annual Truck Driver Social Media Convention in their September, 2011 issue.

As one of the sponsors of the event, it shows how social media is beginning to come more into play within the trucking industry, especially among professional drivers.

Social media has become a powerful tool, utilized among millions, seeking to share their message or service on a global scale.

An upcoming social media event in Miami, Florida, draws thousands of attendees world-wide, at a cost ranging between $450 to $1150, showing the magnitude of the power of social media:

Thanks to Challenge Magazine for recognizing the importance of social media for professional drivers and the industry.  To reserve your seat for the 1st Annual Truck Driver Social Media Convention, please visit the reservation page.

© 2011, Allen Smith. All rights reserved.

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For legal assistance, locate an attorney that specializes in workplace harassment.

The harassment against women truck drivers by men is one of those “dirty little secrets” of the trucking industry.  The majority of harassment incidents against female drivers go unreported because as in most cases, the women does not think anyone will believe her or for fear of being terminated.  Even as some women have come forward to report such cases, they found themselves victims of further harassment by fellow drivers, as well as the industry itself.

Recently, an organization for women drivers met with officials at the White House to discuss this issue, including establishing a national hot-line for women to call for help in a harassment situation.  It should be noted that this idea originally came from Donna Smith of Ask The Trucker and Desiree Wood of Real Women in Trucking.  Regardless that such organizations will take ideas and solutions from others and present them as their own, the industry has somewhat stepped forward to acknowledge that harassment against women in trucking by men is indeed, a serious problem.

Although the majority of male drivers act in a highly professional manner, harassment by men against women truckers remains a fact within the industry.  The following email came to me by a female driver who just recently, fell victim to this issue:

“I was working at XXX out of Iowa. All was going well when me and another one of their drivers had to exchange trailers at a shopping mall. OK, I had met the driver at the terminal once and spent time talking to him.  So, anyhow, when he arrived at the mall, his truck was parked next to mine. I was in the mall taking a walk. To make a long story short, he was pointing out my fairing was bent and started to point out every flaw he could intimidate me with saying I did this and that.”

“He took pictures without my knowledge and sent them to HR at XXX.  The following Monday they fired me. He did this by the way because I would not spend the night with him and I moved my truck so I would not be parked next to him. What a creep. I had to file with DAC and also with NY state Human Services too. That company is creepy too to have done this to me. So, this is the truth about trucking. The horrible things that we have to go through.”

“I even offered to have them take it out of my pay for the minor damage, which I did not even know about. Truth about trucking is some of these companies are such liars and unfair its sickening. I am a great driver and just hate how I was treated. At the time I had my son with me as a passenger, he was shocked and I just felt like such a failure for this to happen in front of him. Now, I am going to go and apply for a boat job instead. I will drive again sometime, but not now if I can help it!”

I receive many emails from women sharing stories similar to this one, with most adding: “Nobody will believe me” or “I can’t afford to lose my job.” In the political arena of the U.S. trucking industry, there will always be organizations that will use information they received from other sources, keeping the recognition for themselves; it is the nature of the beast.  However the information becomes more public,  it is still a good step in the right direction for working to bring a solution to the harassment of women truck drivers by their male counterparts. But placing all the blame on the men who show such disrespect toward women in trucking is not the complete path to take . . . the problem runs much deeper.

As in the email shared above, the trucking company, as in most cases, chose to stand by the man’s side of the story.  The Human Resource department (HR) found it much easier to get rid of what they perceived as the problem . . . the women.  This poor excuse of a “man” cost this lady her job because she declined his sexual advances and all the HR could see were the pictures he provided to add further strength to his story.

On this trucking company’s website, they boast of true integrity and work ethic and pride themselves of having a supportive team for drivers.  As is most often the case in OTR trucking . . . just cleverly designed ads to pull in the unsuspecting professional driver.  How can any accomplishment be made against stopping the harassment by men against women in trucking, if the own HR department of the motor carriers choose to give zero support to the female victim?

As in the case of this trucking company, they followed the ignorance of most of society.  The problem of harassment against women truckers not only lie with the men who commit this crime, but also with the motor carrier who chooses to ignore it, joining society in the belief that it “must be the women’s fault.”

As certain trucking organizations and associations see this as another opportunity to receive more funds from the government, one has to wonder if anything will actually get done toward helping women drivers who find themselves in a harassment environment.  Are they serious about the problem, or is it just another photo op?  Only the future will tell.

If you are a women trucker who has experienced harassment and your motor carrier has ignored your report or has shown some type of retaliation against you, please note the following information:

• Federal Law

The federal law prohibiting sexual harassment in the workplace is Title VII of the 1964 Civil Rights Act, as amended.  The law makes certain employers responsible for preventing and stopping sexual harassment that occurs on the job.

• Retaliation is Also Against the Law

Not only is sex harassment against the law, but so is retaliation against someone for complaining about sexual harassment or for participating in an investigation of sexual harassment.  Examples of retaliation include:  you are made to take an unpaid leave of absence, you are reassigned to a less desirable position or you are terminated from your job.

• Employer responsibilities to employees

Title VII makes employers liable to prevent and stop sexual harassment of employees. Under Title VII, covered employers must: (1) take reasonable care to prevent sexual harassment; (2) take reasonable care to promptly correct sexual harassment that has occurred. If your employer has a policy but does not enforce it, or if an employer fails to investigate sexual harassment complaints but investigates other complaints of misconduct, then the employer may not be taking reasonable care.

Before an employer can be legally responsible for taking reasonable care to correct sexual harassment, the employer must be aware that the harassment has occurred.  For this reason, it is important to follow your company’s internal grievance procedures, if they exist, or to otherwise notify your supervisor if you are experiencing harassment.

• Help Resources

U.S. Equal Employment Opportunity Commission (EEOC)
Toll Free: (800) 669-4000

Resources : Equal Rights Advocates (ERA)

© 2011, AskTheTrucker. All rights reserved.

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Stavely Head Limited

HGV insurance with a difference

Despite tentative signs that the days of soaring oil prices may be drawing to a close, heavy goods hauliers have yet to feel the benefit in their pockets.

Although the cost of crude has been on the slide since peaking in April, the average US freighter will still find themselves forking out over $3.80 per gallon of diesel – 35 per cent more than this time last year.

But while haulage firms can do little to drive down the price of their vehicles’ juice, they can minimise the damage it does to their balance sheets. One way to offset stifling fuel costs is to minimise insurance premiums, and there are a number of factors that can help keep cover rates down.

1. Have a safe pair of hand at the wheel? Make the most of them. Many insurers have policies, like Staveley Head’s haulage insurance that let you transfer your No Claims Bonus from another vehicle to the truck you want to insure. Even if you don’t want to transfer, a blemish-free record will entitle you to a discount.
2. Accident-proof your trucks. The safer the vehicle, the lower your premiums are likely to be. This may sound obvious, but there are a multitude of minor and major upgrades that can help reign in your rates – from fog lights and anti-lock brakes right down to storage space for spare parts.
3. Tinker with your policy. Different firms will require different haulage insurance arrangements. Owner-operators will find named driver policies offer best value, but hauliers with large fleets may need more flexibility.
4. Experience pays. Years spent in the cab don’t count for nothing, and drivers who have been at the wheel of HGV’s for years can get discounts on their premiums – with or without a No Claims Bonus. After all, accidents can happen — even to the best of us.
5. Secure low rates by securing your trucks. A lower risk of theft or criminal damage will mean lower premiums too. Many policies demand on-vehicle tracking devices as standard, but you can make further savings through alarm systems, immobilisers and ensuring overnight stops are at secure locations.

If you follow these few simple steps, you should see your premiums dropping wherever you’re located and hopefully offset the ever-present threat of further fuel price hikes.

© 2011, AskTheTrucker. All rights reserved.

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iSocial Academy

In this age of technology, with instant messaging and the ability to connect and communicate around the globe within a matter of seconds, social media has become a primary source of interactive dialogue for both business and personal strategies.

One industry that is still considered to be following behind on the use of social media, is the trucking industry.

Although there has been a jump of 13% since 2009, still, 44% of trucking companies report that they do not use any form of social media within their business strategies.

As a business owner, when you look at the overall missed market potential, the numbers are staggering:

• Facebook — Over 750 million users
• Twitter — Over 300 million users
• LinkedIn — Over 1 million users
• YouTube — Over 2 Billion views per day

Social Media is used for a variety of reasons including spreading messages virally throughout the internet to reach thousands, sometimes millions. Those messages differ depending on the source. Individuals with blogs and websites have ideas, information and plans they want to share, but how do you get people to read your message?  How do you become known?

There are individuals who want to monetize their blogs, creating an extra source of income but don’t know how.

Companies also are realizing the value of social media , however many are confused on how to be most effective, many companies actually doing more harm than good. Many more, although doing well with their efforts, are still not maximizing their true potential to reach their audience.

There is no doubt that social media will be a vital medium for the trucking industry and we intend to share with everyone how we can all use it to the best of our ability and most effectively.

Landon Middleton is a highly sought after internet marketing expert that leverages the iSocial Academy expertise and secrets of social media for his clients in the trucking industry.

Working directly with Austin Walsh, he is currently creating and managing social media campaigns for clients all across the country.

As a guest speaker at the upcoming truck driver convention,  Landon Middleton  joins us as our special guest on Truth About Trucking “LIVE”, to give an insight into how the trucking industry can harness the power of social media within their business.

Thursday, August 25th, 2011 at 7 pm EST :

Landon Middleton Discusses Trucking Social Media

Landon Middleton, truck driver convention speaker, is an internet marketing expert that teaches the inside secrets of social media for his clients within the trucking industry.

© 2011, AskTheTrucker. All rights reserved.

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Truck Driver PSP

In years past, trucking companies pushed drivers to run over the HOS rules and many other violations, showing complete disregard for their safety and health.

Now, with the recent implementation of the CSA, this practice is coming back to bite them.  Drivers, loyal to their motor carrier for years, are now being terminated due to a high severity weight score on their pre-employment screening program (PSP).

The most recent email received states:

“I was recently let go by my company because of my csa points.  All the points were do to problems with the equipment, which I would report to the company, but was told to “get moving” anyway.  Now, after 16 years of driving, I’m out of work.”

As drivers are now discovering, this is a big problem with the CSA.  Even though the violations were due to the carrier’s equipment (this falls under the 7 BASICS, specifically the Vehicle Maintenance BASIC), the driver will be found to be in violation, as well as the carrier, raising the motor carrier’s “unsafe” safety score.

There are two measurement systems under the CSA:

1. DSMS — Driver Safety Measurement Systems
2. CSMS — Carrier Safety Measurement Systems

The two go hand in hand, meaning that points received by a driver, also will go against the carrier.  This is the FMCSA’s idea of making both parties, the driver and the motor carrier, equally responsible for safety.  As we are seeing already, this is proving to be another injustice to the professional truck driver.  Drivers are reporting in that due to their PSP points, their jobs are being lost and other carriers refuse to re-hire.

This email correlates the truck driver PSP with the HireRight DAC report . . . a prediction I made several months before the implementation of this program:

“After six years with my carrier, I was terminated because of my PSP score showing a “little too high” for their “standards.”  Forget the fact that they tried to run me in the ground, violating every rule out there, but now, because of them and trying to be a good employee and getting the job done, they fire me because of my PSP record!  Applying with other carriers, they all want to pull my PSP first.  I know that they can not pull my PSP without my consent, but this is a farce of the FMCSA as well.  If I give them my permission, they’ll see the points and most likely, not hire me.  If I refuse my consent, what do you think will happen?  They won’t hire me either.  This PSP is nothing more than another DAC report which will be used to destroy good drivers’ careers.”

Every driver should be aware of the points that can accumulate from violations and effect their PSP score:

How to get a copy of your PSP records

• To purchase a copy of your PSP records
• To file a challenge with DataQ about the accuracy of information on your PSP  (Registration Required)

This is the new standard for hiring drivers.  As the FMCSA website clearly points out:

“The program helps motor carriers make more informed hiring decisions by providing electronic access to a driver’s crash and inspection history from the FMCSA Motor Carrier Management Information System (MCMIS).”

Sound a lot like DAC . . . doesn’t it?

The severity weight system can be found on pages 78 through 118 of the CSA Safety Measurement System (SMS) Methodology.  Another driver recently advised us that he had stopped for the day and after setting the brakes, the truck began to roll.  Marking this brake issue on his post-trip inspection, he was then fired by the carrier.  The FMCSA has created another demon for the professional truck driver.

There is no set maximum points that a driver can reach before being deemed unsafe and terminated.  This figure is at the sole discretion of the individual motor carrier.  Points attained will not show up on the PSP report. The PSP will only show the violations and you must then cross-check them with the points shown on the SMS.  There are 3rd party companies such as Vigillo, LLC which provide comprehensive data analytics, providing drivers with a CSA scorecard.   Another example of a money-maker business created from the CSA.

Data collected for the two measurement systems basically come from four sources:

• Roadside inspections
• Violations that have already been recorded
• State reported commercial vehicle crash data
• Motor carrier census data

Violations that DOT and law enforcement have ignored in the past, such as driving with a flat tire or having a marker light out, are now being enforced and citations given out.  As an example, operating a CMV on a flat tire will add eight points to your PSP . . . having a marker light out will give you two points.  If you’re caught texting while driving, you will be hit with ten points, the highest amount given, which by the way, is the same given for reckless driving.

Remember, it’s not only points you’ll receive, but you will still have the fine to pay as well.  The CSA has given law enforcement the key to a huge money-making program to help bring in much needed revenue for states.

The number for a “maximum points” level that is being thrown around is sixty, but again, there is no set maximum points that a driver can reach before facing possible termination.  The carrier can determine if it’s sixty or six . . . it’s at their discretion.  Although motor carriers created the atmosphere which resulted in drivers obtaining violations in the past, they are ignoring this fact and now using the PSP as the reason for the termination of drivers.

Furthermore, the entire CSA issue, I believe, falls right in line with setting the stage for the recent cross border trucking agreement.  Before an employer in the U. S. can hire a foreign worker, they must first apply for a Foreign Labor Certification.  However, before they can receive the certification, they must first show that there are insufficient qualified U. S. workers available and willing to perform the work at the present wage.  This is to ensure that admitting foreign workers will not affect job opportunities, wages and working conditions for the American people, in this case . . . the American trucker.

As the PSP is being used by motor carriers to terminate drivers for violations that the carrier pushed for and allowed to occur in the past, it now gives the trucking industry a reason to allow foreign workers into the United States:  there is now a shortage of qualified, American truck drivers.  Get it?

As a California law firm establishes the first DAC Report Class Action Registry, attorneys should take notice of the truck driver PSP program.  The truck driver PSP is quickly shaping up to be another DAC report to be used by the carriers against the professional truck driver.

© 2011, AskTheTrucker. All rights reserved.

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Dynasys APU Give-A-Way

As a truck owner operator or fleet owner, how would you like to win a Dynasys APU for your truck?

The unit, valued at $8,200 installed, will be awarded to the winner of the Dynasys APU Give-A-Way, presented by Hodyon, Inc., during the upcoming Great American Trucking Show in Dallas, Texas.

Hodyon, one of the top APU manufacturers in the country, will give away the unit during the show, to be held between August 25-27, 2011.

The contest rules could not be easier.  Here is all you have to do to get in on your chance of winning a Dynasys APU:

1. Visit the Dynasys booth which will be near the Pride and Polish Show booth at GATS.
2. Tell them about the worst night you ever spent in your truck.
3. Based on your story, they will determine who’s story is the “worst” and award that person with a FREE Dynasys APU.

You can also get into the contest just by filling out an application for the Dynasys payment plan program.  That’s it!  Drop by their booth at GATS, tell them your worst story . . . and you could be the winner of the Dynasys APU System Give-A-Way.

Good Luck!

Allen

© 2011, AskTheTrucker. All rights reserved.

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DAC stands for Drive A Check

In July of 2009, I began the Stop False DAC Reporting petition which as of this date has received 2,180 signatures.  Having been in contact with several law firms across the country, it has been an on-going battle to bring an end to the abuses faced by many professional truck drivers in regards to false information being placed on their DAC reports by trucking companies.

One of the major obstacle that truck drivers face is the ability to find employment, once false information has been reported on their DAC report.  It can literally destroy their career.

Most often, the false information has been reported to USIS DAC Services by the trucking company for retaliation purposes against the driver; even for such reasons as the driver leaving for better employment.

DAC Report Class Action Registry

One of the many law firms I have had contact with since beginning the Stop False DAC Reporting initiative has launched the DAC Report Class Action Registry. Their goal is to learn more about the problem of false DAC reporting directly from truck drivers, in hopes that a pattern will emerge that justifies class action treatment.

If you have been injured by false information in your HireRight USIS DAC Services report and you are in favor of a class action to stop false DAC reporting, please share your DAC experience with the Registry.  Your story will help the Registry in identifying a group, or groups, of drivers with claims against a common trucking company that are sufficiently similar, to be brought as a class action suit.

Whether or not you are interested in filing a lawsuit, or even participating as a class member, there are potentially thousands of truck drivers who could benefit from you sharing your story with the Registry.

False DAC reporting is one of the biggest problems within the OTR trucking industry. Share your story with the Registry and continue to sign the Stop False DAC Reporting petition.

Regards,

Allen Smith

Truth About Trucking, LLC

“Raising the Standards of the Trucking Industry”

© 2011, AskTheTrucker. All rights reserved.

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2011 Truck Driver Social Media Convention

The First Annual Truck Driver Social Media Convention is only 2 months away and what started out initially to be a convention for drivers, is quickly becoming a trucking social media event for the industry. The first time ever event is uniting truck drivers and their supporters from around the country and is rapidly grabbing the attentions of industry leaders.

People from various segments of the industry are securing their seat in order to take advantage of the benefits of this convention, including the importance of incorporating social media into their campaign for success, whether that is corporate or individual.

The fact is that whether you are a truck driver, company, or an organization, the need to reach your message to thousands with a click of a mouse is vital in order to achieve the full potential of your goals.

People are realizing the benefits of networking with one another, sharing their knowledge and experience within the industry, recognizing that those you once may have thought of as rivalry can now be your ally.The notion of being transparent and approachable to secure success is somewhat foreign and uncomfortable to many; furthermore, how to go about executing it properly, without ill effects, remains somewhat baffling.  The Social media speaker will be addressing these concerns.

Another reason that folks from various areas within trucking are attending is the “all star” cast of speakers which are attending the convention.  Rich Wilson; Regulations Specialist, Paul Taylor; Trucking Employment Attorney, James McCormack: Trucking Careers Advisor, Jon Osburn: Truck Driver Health; Eddie Gichuhi: Truck Driver Business Success, and of course Austin Walsh and Landon Middleton presenting on Social Media.

Those within the industry are also focused on what drivers will be discussing during the open forums and during the downtime.  Trucking is at one of the biggest crossroads of its history, concerns such as CSA, HOS, EOBR’s, anti-idling, cross border  trucking,  and driver shortage and low wages,  have sparked attention and has affected most . The need to openly express opinions regarding these issues and to communicate and discuss them with one another is of vital importance.  Understanding each other’s position is essential.

Drivers are attending to show their unity and many sponsors who have come on board are supporting them.  Drivers desire to be recognized for their skills and achievements by one of their own, not just as a token mention, but as a genuine display of tribute and appreciation, is something which needs to be done.  Professional drivers are also encouraged by the opportunity of being able to monetize their websites and blogs as a means of supplementing their income as they also can spread their word and message across the internet.

The convention is not a truck show or expo, but more like a town hall meeting within a ballroom setting.  Food, speakers, open discussions, prizes, and entertainment will all be a part of the 1 day 15 hour event.
Many are attending to meet those who they have been communicating with for years with through social media websites.

The convention is a major step in the right direction, displaying unity for drivers and  all those who would like to network with one another in order to “raise the standards of the trucking industry”

Deadline for tickets reservations and reduced room rates is September 1^st!

Bronze Sponsor slots are still available and requests can be made by emailing info@truckingsocialmedia.com or 352-505-8162

© 2011, AskTheTrucker. All rights reserved.

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With the increasing anti-idling laws, the professional truck driver faces serious health concerns due to the lack of comfort controls.  Unable to idle their trucks for heat or cooling usage during the federally mandated ten hour break, due to these laws or company policies, the driver is forced to rest in severe heat or cold, depending on the situation.  The best solution to this problem is to install an APU unit to the rig, providing the alternative power source needed to rest in comfort, while saving on fuel costs and reducing carbon emissions.

The problem for many truck owner operators is coming up with the capital needed for the Auxiliary Power Unit, which can run as high as $12,000 to $15,000 and more.  In the United States, 97% of trucking companies operate 20 trucks or less, and 90% operate six trucks or less. Smaller motor carriers such as these, who further operate on a small percentage profit scale, also find it financially difficult to locate the extra cash to equip their trucks with an APU system.  A small trucking company with only five trucks would be looking at an added expense of $50,000 or higher.  With the current state of the economy, finding the capital for such an expense can prove to be extremely difficult.

We are always looking for excellent opportunities to pass on to drivers and the trucking industry and we have found an excellent source for owner operators, fleet owners and the smaller motor carriers, who may be having difficulty in locating the capital needed for an APU installation:

Hodyon, Inc. is located in Round Rock, Texas and is a two-time award winner for growth from Inc. magazine, the 59th fastest growing manufacturer in the United States and the 17th fastest growing company in Austin, Texas.  They are the manufacture for the Dynasys APU and have dealers in every state.  Realizing the financial need of owner operators, small fleet owners and the smaller motor carriers,  they offer guaranteed financing on their Dynasys APU Systems which have a total cost of $8200 installed.

The Dynasys APU uses only 0.2 gallons per hour, providing the owner operator or company with half the fuel savings, compared with full-time driving schedules.  They offer four financial plans for those with excellent credit to those with bad credit, all with financing terms and forms that are easy to understand.

Hodyon is the ONLY company that designs, builds, finances, supports and guarantees its APUs, ensuring a “one company” approach for customers.  This is a financial program where everybody is approved with very affordable monthly payments and for fleet owners, Hodyon offers a unique risk-free fleet trial where they will pay all costs involved in trying their Dynasys APU.

Fill out the five minute online application to start the process for your Dynasys APU System.  Financing is guaranteed.

Regards,

Allen Smith

© 2011, AskTheTrucker. All rights reserved.

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Proud to be a Trucker

The truck driver, 1500 miles away from home and family and dealing with traffic, weather, load schedules, health problems, lack of sleep, poor diet, stress, regulations, DOT, logbook, road congestion, road construction . . . and on top of all of this . . . let’s throw in the general public road rage toward truckers.

Anti-idling laws, disrespect from shippers, receivers and law enforcement, forced dispatch, poor miles, financial worries, $300 pay check for the week, unsafe parking areas, lack of parking areas, crime, truck stop beggars, racism, 14 hour plus work days and more regulations.

Missed first steps, missed birthdays, proms, first dates, ball games, school plays, anniversaries and holidays . . . it is no wonder that the average newcomer to the truck driving career will only last for six months.

For veteran truckers, they run on sheer stamina alone, having survived an industry where most who attempt it will fail.  Many start out with the right attitude, ready to begin their career in long haul trucking, only later to be discouraged by all those things that attempt to destroy their self-esteem and self-respect.  While they began their career with their heads held high and full of enthusiasm, years of trucking and treated like second-hand citizens, have sometimes taken its toll.

Many will walk with their heads down and speak to no one, believing the false rule of “trust nobody” and that whatever they have to say is “not important.” Many will become like others before them, filled with truck driver cynicism and believing that they have little of importance to offer.  After all, in their mind, they are “only” a truck driver.

Most will agree that professional truck driving is an unappreciated job, but one must understand that the general public has no comprehension of a trucker’s lifestyle and that the largest section of the general public would crumble under such a job filled with so many obstacles and personal attacks.

Secondly, you must understand that the general public does not care about the obstacles you face as a professional truck driver.  Their only concern is their lives, playing tennis on the weekend or being able to go anywhere they want and purchase the goods they need to take back to their  homes and talk about how hard their day was today.

Thirdly, understand that all these obstacles can tear you down, only if you allow them to.

Most of the general public, dispatchers and general trucking employees, if forced into an 18-wheeler to live the life of a professional trucker . . . would wimp like a little puppy, begging to come back home.  They have no realization that everything available to them is there because a truck driver made certain that it was.

Truck drivers keep America moving and provide those who disrespect us, with the comforts of life that they have come to expect and take for granted.  As a professional truck driver, you are the backbone of this country, more than you may realize.

You are valuable . . . you are important . . . you are skilled . . . you are intelligent . . . you are significant . . . you are crucial . . . you are needed.

Newcomers, as well as veteran drivers, should constantly remind themselves that even though truck driving is an unappreciated job . . . it is an honorable profession.

© 2011, AskTheTrucker. All rights reserved.

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: career, DOT, jobs, law enforcement, obstacles, profession, regulations, rules, truck drivers, trucking

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Long haul trucking was recently named as one of the top ten most dangerous jobs in America and the medical field is seeing an increase in spinal injuries and back pain among long haul truck drivers.

Although there are over 500,000 large truck accidents every year in the U. S.,  only 25% of these accidents are the direct fault of the truck driver.

However, the most common injury to the trucker is whiplash, which is damage to either the soft tissue of the neck or the spine itself.  To make matters worse, signs of whiplash can take up to six months to occur.

Dr. Richard A. Kaul of New Jersey Spine and Rehabilitation, is a Board Certified Spine Expert and practices Interventional Pain Management and Minimally Invasive Spine Surgery.

His patients include a large number of professional truck drivers and he has advised me through email that he has been seeing a “shocking increase in patients with spinal conditions associated with long haul trucking.”

Understanding the importance of the truck driving profession, they stated:

“We firmly believe that Long Haul driving is an essential function to our economy and is a completely under-appreciated profession. Without these drivers, the opportunity for states to trade goods would not exist, thus the collapse of the free market system we all value so highly.”

They offer more information about the causes and potential prevention of these conditions as well as treatments that may help, on their website concerning Long Haul Truck Driving and Back Pain.

© 2011, AskTheTrucker. All rights reserved.

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: back pain, back pain treatment, Dr. Richard A. Kaul, long haul trucking, New Jersey Spine and Rehabilitation, spinal injury, truck drivers, Truckers, trucking

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Through out the U. S. trucking industry, safety is the word that continues to draw attention as the top priority for motor carriers.  The FMCSA is responsible for establishing the safety guidelines that all trucking companies must follow.

Due to these motor carrier safety guidelines, companies are required to have a safety department in place.  However, simply requiring a trucking company to have a safety department does not mean that the rules are always followed.  In fact, most often in the trucking industry, you will find that the established safety department within the company’s structure is purely in name only.

As one example, under FMCSA Part §392.3, regarding Ill or fatigued operator, it states:

“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

It offers interpretation by stating:

“. . . no person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee’s compensation, terms, conditions, or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any Federal rule, regulation, standard, or order applicable to Commercial Motor Vehicle (CMV) safety.”

This is a direct rule established by the FMCSA in which all trucking companies must abide by and yet, drivers are forced to drive by many motor carriers when faced with fatigue and if they refuse, they are often retaliated against through false DAC reporting or punished by a cut in pay potential with a loss of miles.  Those with the power to do this, comes from the load planner or dispatch departments.  In this type of situation, you would imagine that the driver could go to the company safety department and receive support.  For most, this is not the case.

The dispatch and safety departments should be in direct opposition of each other, with the safety department having the safety of the driver and company as their number one priority.  The driver is caught in the middle of a cat and mouse game.  Too often, the driver will advise dispatch that they are too tired to make the run, yet dispatch will continue to push the driver in transporting the load because it is a “hot” load.  Should the driver have an accident or receive a violation from DOT while making the run, the driver will be held accountable.

The driver then goes to safety and explains the situation and safety tells him or her that they “shouldn’t have taken the load.” The driver will then tell dispatch and explain the situation and dispatch will say that “you shouldn’t have taken the load.” It is a no-win situation for the professional truck driver and the safety department does nothing to correct these types of situations from ever occurring again.  The safety department completely understands that if a driver refuses to operate the CMV, rightfully so, that he or she could face wage retaliation from the dispatch department, such as a cut in miles or being forced to sit for three days because suddenly, “freight is slow.” This is just one example as to why, for many trucking companies, the Safety Department is in name only.

Let’s look at another example:

This one has to do with the FMCSA rule that all drivers know:  49 CFR Part 395 . . . the hours of service rule.  For now, the 14-Hour Limit clearly states that a driver “may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.” Every day, drivers are pushed further and harder, still driving at the 15th and 16th hours.  If the driver has the courage to report this to dispatch, they are usually asked, “Can you fudge your logs a little bit?” Bringing it to the attention of the safety department, they are told, “yea we do not want you doing this.” Yet, the next day . . . it happens all over again.  Nothing changes because most motor carrier’s safety departments are in name only and they are simply there because the FMCSA says they must be.

The little game that goes on between the professional CDL truck driver, dispatch and the so-called safety departments is one that the FMCSA finds easy to ignore.  For them, they have done their job . . . they have enacted safety standards and rules that all motor carriers must have in place.  This is where the problem lies . . . the standards may be in place, but the actual enforcement in regards to a driver’s safety continues to go ignored.

Furthermore, even though FMCSA regulations point out that in such cases a driver may “submit a signed complaint to the Occupational Safety and Health Administration”, the majority of drivers will fail to do so because they live in reality.  They understand that doing so will most likely end their careers.

They understand that in the large majority of the cases, a trucking company’s safety department is just in name only.

© 2011, AskTheTrucker. All rights reserved.

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: 14 hour limit, 49 CFR Part 395, dac report, dispatch, FMCSA, hours of service rule, Occupational Safety and Health Administration, Safety, safety department, safety regulations, truck driver, trucking, trucking companies

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Kylla Leeburg

With an International Studies bachelor’s degree in Latin American Politics and a master’s degree in Educational Psychology, Kylla Leeburg, along with her family, set out to tackle a massive and dangerous crisis in America:  Human Trafficking.

Together, in 2007, they formed Chapter 61 Ministries and in 2009 they realized they were missing out on an important aspect which could bring enormous help in the fight against modern day slavery:  the United States trucking industry.

Her idea inspired the formation of the ever-growing, Truckers Against Trafficking organization.

Kylla, who was recently named District Teacher of the Year in Oklahoma, began as a missionary in El Salvador, working with gang members, later publishing her book about the experience titled, “My Life Crazy.”  Her story is one listed on the cover of the current Land Line Magazine issue.

Realizing that victims of human trafficking are “lost” and have nobody to turn to for help, Truckers Against Trafficking was a vital step in raising awareness about this $32 billion dollar per year industry.  Since its inception, over 125 truck drivers across 30 states have called in to the National Hotline, saving over 100 victims, many of which were under the age of thirteen.  The number to call is 888-373-7888.

Kylla, along with her sister, Kendis Paris, the National Director for Truckers Against Trafficking, report that more truckers are becoming involved in the fight against human trafficking, utilizing the wallet cards and window decals provided by the organization.

Major players in the trucking industry have also stepped up in the fight: the T/A Travel Centers are using materials provided by Chapter 61 and Truckers Against Trafficking, training their employees about the human trafficking crisis.

Kylla points out that professional truck drivers are proving themselves to be freedom fighters as well, standing up and fighting back against a just cause and becoming the voice for those who need such desperate help from a life of modern day human slavery.

© 2011, AskTheTrucker. All rights reserved.

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: chapter 61 ministries, human trafficking, human trafficking video, Kendis Paris, kylla leeburg, Land Line Magazine, modern day slavery, T/A Travel Centers, truckers against trafficking

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U.S. Mexico Port of Entry

Under the new trade agreement between the United States and Mexico, Mexican trucks and drivers could begin hauling freight through out the lower 48 states as early as this month or by September.  The agreement, basically signed in secrecy between U.S. Secretary of Transportation, Ray LaHood and Mexican Communications and Transportation Minister Dionisio Pérez Jácome, on July 6th, 2011 continues to draw criticism from opponents.

LaHood stated, “The agreements signed today are a win for roadway safety and they are a win for trade,” but watchdogs such as OOIDA, as well as the Teamsters Union, have voiced their discernment over the deal reiterating that it will create a safety issue for the U. S. trucking industry, the general public and further destroy jobs for the American truck driver and trucking warehouse positions.   Many professional truckers across the country have shared their outcries as well against the agreement which they say is a “sellout” against the professional U. S. trucker.

To add insult to injury, the Mexican trucks will receive electronic on-board recorders (EOBR’s), purchased by the U. S. Department of Transportation, and essentially will be paid for by U. S. truckers and motor carriers through the Federal Fuel Tax.   The cost for each EOBR is around $2500.  American truck owner operators are left to buy their EOBR’s through their out-of-pocket expenses, should they choose to install one, or if the FMCSA decides to make it a requirement under law.

Under the agreement, 300 Mexican carriers will be authorized to transport goods through out the United States over the next three years, reaching a total of 900 by the year 2014.  Opponents of the deal continue to claim that it will have a devastating affect on U. S. driver and warehouse jobs during an already fragile economy, and could feasibly cause a large number of smaller motor carriers to close their doors and go out of business for good.

© 2011, AskTheTrucker. All rights reserved.

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: american, federal fuel tax, FMCSA, jobs, mexican trucks, NAFTA, ooida, owner operators, Ray LaHood, teamsters, truck drivers, trucking jobs, trucking warehouse

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