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9
Jun

AIPBA extends apology to TIA

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AIPBA Logo Proud Member JPG File

Recently there have been some pretty heated discussions on one of the popular Social Media websites, LinkedIn, involving the different ideals and goals among freight broker trade groups, specifically the AIPBA and TIA.

Each group has become quite vocal in their comments, with emotions and passion on topics mounting.

TIAToday on LinkedIn, James Lamb, General Manager of 12PL;  and President of AIPBA, announced an apology to TIA president and CEO, Robert Voltmann in response to Transportation Intermediaries Association Ethics Case 14-17(2) DECISION June 2, 2014

Although not your typical apology, Mr. Lamb does display a timeline of differences and grievances between the 2 groups.

Here is that Apology on LinkedIn also . . .

“The TIA’s “Ethics” committee recently demanded that I apologize for my past comments about the TIA and their president Robert Voltmann. Having giving this serious consideration, I have decided I agree with them that an apology is very much in order. I therefore offer this one to the TIA and industry.”

“I’m sorry… I founded and launched the Association of Independent Property Brokers & Agents (AIPBA), a non-profit, volunteer-run business league, which competes with you, Mr. Voltmann, and the TIA in the freight broker trade group arena since 2010.”

“I’m sorry… we now have 2,518 members in 2014.”

“I’m sorry… we launched a competing conference event called Industry at Sea  sailing again this September.”  Industry at sea

“I’m sorry I exposed the fact that in 2004 you said raising the broker bond would NOT fight fraud (http://www.ttnews.com/articles/basetemplate.aspx?storyid=11447&t=Opinion-Higher-Bonds-Are-Not-the-Answer) and then– after you began selling optional $100,000 broker bonds, you conveniently flip-flopped and changed your position and told the industry and Congress we very much need a $100,000 bond to “fight fraud”.”

“I’m sorry… we stopped you for two years in a row in 2010 and 2011 from enacting a $100,000 broker bond in both houses of Congress and that you NEVER got one.”

“I’m sorry… that when you finally found someone in Congress to attach and hide your failed anti-competitive, stand-alone legislation deep within the 600 page 2012 MAP-21 highway bill, we and our allies got the amount lowered to $75,000 during the conference committee deliberations.”

“I’m sorry… that you don’t realize that after you polled your own TIA members and the majority responding told you that they wanted ANYTHING other than a $100,000 bond that you and your Board lobbied for one anyway and many members of the industry consider that anti-democratic, if not downright fascist, dictatorial leadership.”

“I am sorry… that you can’t admit that 9,801 small businesses in the intermediary industry were absolutely terrorized for three years by your $100,000 bond lobbying and then your $75,000 bond exterminated their licenses and put each one of them out of business last December.”

“I’m sorry… you came up with a lame “cleaning of the database” excuse to explain away this decimation of 41% of the intermediary industry so your members could achieve greater market power to charge shippers more and pay truckers less.”

“I’m sorry… that the truth is: every broker who was revoked had been paying an annual $10,000 bond premium to remain in active license status and YOU put them out of business.”

“I’m sorry… your new barrier to entry violates America’s National Transportation Policy codified at 49 USC 13101, which encourages “fair competition” and “reasonable rates.”

“I’m sorry… we have called for brokers to be rate transparent and your policy at TIA has been to try to hide the cost of brokerage service from shippers and carriers despite 49 C.F.R. Section 371.3, which affords carriers a right to know.”

“I’m sorry… that we have created the Small Business in Transportation Coalition (SBTC) to encourage partnerships in transportation among shippers, brokers, carriers, and independent truckers designed to level the playing field and protect and promote attacks on small business from groups like TIA.”

“I’m sorry… your “Ethics” Committee felt the need to politicize our Ethics Complaint against your abusive TIA member Shawn Roch and use that as a forum to attack the AIPBA’s political stances and that they chose to HIDE important information from the industry such as the fact that the father of the subject of our ethics complaint is the chairman of your “Ethics” committee.”

“I’m sorry… members of the industry find that move devoid of integrity and ethics.”

~James Lamb~

© 2014, Allen Smith. All rights reserved.

Technorati Tags: 12PL, AIPBA, broker bond, ethics committee, freight broker, Industry at Sea, James Lamb, Robert Voltmann, SBTC, TIA

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Category : Ask The Trucker
2
Jun

Many sides of truckings’ mandatory detention pay dispute

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Debate continues over mandatory detention pay

Debate continues over mandatory detention pay

Lack of Detention Time Pay is nothing new, it’s been happening for years, so why all the talk now? Drivers are becoming fed up with a lot of things going on; Too many regulations and proposed rules, high fuel costs, low pay, less than ideal freight rates, broker rates, HOS, ELD’s, and more writing on the wall of other things coming down the pike.   Add to that giving 20 or so hours /wk of your time for free ( unpaid DT), and the frustration mounts.  They have become more vocal on Social Media while https://www.linkedin.com/groups?home=&gid=6650305&trk=anet_ug_hm" target="_blank" rel="nofollow" >journalists are reporting and exposing more of the industry problems.

It’s difficult for DOT not to be aware of what’s going on, especially since holding a driver up can interfere with his/her HOS , which now becomes a safety concern. ( Safety is the magic word)

At a a House Small Business Committee hearing in November,  DOT administrator Anne Ferro said.
”Driver pay and extreme loading dock delays have a significant impact on drivers’ ability to be efficient, professional, and safe. In short, uncompensated delays force drivers to press legal and physical limits to capture a day’s pay. The logistics industry gets this time free on the backs of the drivers and small businesses. Uncompensated detention time needs your attention, because what makes the job better, often makes the job safer.

Although Detention time was included in DOT’s highway bill, Congress did not include it in their first draft of their highway bill. So discussions mount among drivers.  Should the government create yet one more regulation to ensure paid Detention Time?   You would think it would be a unanimous “yes” among drivers, but the government track record for regulations is not the “best’ when benefiting drivers. I guess you could say not all “trust” the possible outcome

Review it

Most OTR drivers are paid by the mile, not hour, so it only makes sense that there should be compensation for this type of payment arrangement while the “wheels aren’t turning.”
The truth is, the trucking industry has gotten away with it for years, exploiting drivers, whether they be owner operators or company drivers.

Owner operators either deal with the shipper directly or through a broker. If Detention Time pay is not pre-arranged by owner operator, then there may little an o/o can do about it after the fact. Sure, he/she can decide not to haul for that shipper, but the fact is that there are MANY other carriers who will.  If the o/o does demand an arrangement for DT, chances are the shipper will look for someone else.

Company drivers on the other hand have grown to accept lack of DT as part of their job.  Can you imagine accepting not being paid for wiatingtime, even if it means going against your HOS clock, interfering with your next appointment time, and finally taking way from your paid miles and the ability to make more money?

We all agree that ALL drivers should be paid Detention Time, there’s no argument there, but why are they not getting paid now?

1)      Carrier does not charge shipper ( in order secure negotiation of load) therefor does not pay driver ( Company driver)
Here is a comment supporting this which was made on a post back in 2011 ATA Opposes HR756- Paying Truckers for Detention Time  

 COMMENT: “The dirty little secret here is that these carriers use the drivers’ unpaid time as a negotiating factor: if nobody is going to charge detention pay, then they can bid a lower rate on the load-under a company that DOES demand detention time. Also, companies that do charge detention usually pocket the majority of it on company drivers-paying them something like $15/ hr after the first two unpaid hours. The ATA knows that if anyone actually starts looking at a driver’s unpaid hours, the next place they’ll look is the unpaid hours the carriers themselves dump on the driver. No-they dont want to go there!”

2)      Carrier charges shipper detention time, however carrier does not pass it on to company driver.
“Trucking Industry Saves Millions in Driver Detention Pay”

3)      0/0’s Arrange load though shipper and do not discuss DT rates.  Driver shows up and has to wait X number of hours without pay.  At this point the o/o has to decide whether he/she will ever do business with this shipper again.  Let’s say they choose not to,  How many other o/o’s or large carriers will?
Answer: A lot

Let’s say that o/o did state their DT time rates and the shipper refused, now the decision is up to the o/o to either take it or not.  It sounds simple doesn’t it,?just don’t haul it, right?
Not all the time, sometimes that load was the one that determined whether you go home or not; sat for an extra day or not, etc….

The 2 Sides of Detention Pay

Although all will agree that shippers and carriers should both be held responsible,(ensuring drivers be compensated for all their “waiting” time,)  the difference in opinion lies in HOW they should be held accountable. Should the drivers “unite” (hmmmm) or should the Federal Government step in?
Note:  Drivers Uniting would only help o/o’s not company drivers. It would mean that ALL would agree not to haul freight that didn’t include DT payment. But what about the larger carriers? Couldn’t they haul it?

Next, who is responsible for driver DT compensation?  If you’re a company driver, then it’s the carrier, but if you’re an o/o, then it’s the shipper. So if there was a mandate, who would be mandated?
Note: FMCSA does not have authority over shippers when it comes to regulations. ( but they do carriers)
If the carriers were mandated to pay drivers DT, the carriers would then need  to make sure they were paid by shipper to cover their DT costs.

Once the company driver gets paid for detention time, it would follow through with o/o’s  as they will now have leverage.
So let’s say the carriers are forced to pay their drivers and they in turn charge the shippers, It could gets sticky:
How much? Minimum wage? ( not acceptable)  Anything too low for the company driver would reduce o/o leverage when negotiating with the shipper or broker.

 Summary and Solutions:

Summary:
How do you fix a problem where everyone is responsible to some degree? Carriers, Shippers, Receivers, Brokers, and Owner Operators?

Carriers want to appease their customers so they don’t demand DT rates.
Shippers and Receivers aren’t concerned because no one is making them accountable and they don’t care about the driver, safety, HOS, ELD’s,  or anything else, as long as they are making more profit.
Brokers– Only the ones that o/o’s have a good relationship with and trust, those who will determine up front and ensure driver gets paid for DT.
Owner Operators – Many o/o’s do not calculate DT in the load they are negotiating.  Many ask for DT, but when told that it’s not paid, they take the load anyway, regardless…. Thus no repercussions for shipper.   Many WILL refuse to do business with that shipper, but guess what, there are 10 more who will!
The only one who is not directly responsible for DT time pay is the company driver, UNLESS, it becomes part of a demand when being hired.

Solution:  So the question remains, Should Detention Time be mandatory and who should be mandated?
Ideally, it should, but for significantly more than just minimum wage.
Although it is the shippers and receivers who are responsible for holding drivers up, it is the carriers who will need to be regulated and  in turn make shippers responsible through compensating their ( carrier) DT expenses. In other words, the days of exploiting drivers by using them as negotiating tools would be over. On the bright side, the playing field would be even for everyone.

Once shippers are hit in their pockets by carriers, you will see how much more quickly appointments are kept.

 Video Credits and Related Posts
“Detention (You Ordered It, You Unload It)”- by Brad James
Brad James-  Facebook music page

The scrum over mandatory detention pay

Can Electronic Logging Devices Fix Detention Time ?

https://www.teamrunsmart.com/the-pros/jeff-clark/may-2014/the-case-for-mandatory-detention" target="_blank" rel="nofollow" >The Case For Mandatory Detention Pay

© 2014, Allen Smith. All rights reserved.

Technorati Tags: Anne Ferro, brad james, carriers, detention time pay, DOT, drivers, FMCSA, mandate, owner operators, regulations, shippers, Truckers, Trucking

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Category : Ask The Trucker
26
May

A Vietnam Vet’s Reflections for Memorial Day

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Vietnam Vet Rich Wilson reflects on Memorial Day

Vietnam Vet Rich Wilson reflects on Memorial Day

This is kinda long and lengthy, but take a moment to read it for Memorial Day! This is a very personal time of the year for me, I celebrate Memorial day, I don’t say “have a happy Memorial Day” To me it’s a day to remember and reflect.

Some times it brings back bad memories, but the voices of my comrades, no brothers, comfort me as I hear them saying, “It’s ok that you survived, we need some one to carry on our legacy. Remember that night in the Bar outside of NKP, we all agreed, we’d meet some day, cause we all going to Heaven, Cause we done did our time in HELL!”

While going through some old documents, I ran across this report, I’d thought I’d share:

“October 1972 North Vietnam. Two crew members of an F-4 Phantom are shot down deep in North Vietnam. Fortunately, they eject over rugged terrain and land safely away from populated areas. Unfortunately, the enemy has observed their descent, and even before the two survivors land, recovery teams are sent to intercept them. Joining up, the two men quickly size up their situation and decide to climb to higher ground to put distance between themselves and the pursuing bad guys and aid the Jollys in recovery.

The Jolly Greens, in fact, are approaching at maximum airspeed. Pararescue men Ray Stewart and Richard Wilson are on the Low Bird. It now becomes a race between them and the closing ground forces. The latter are so close to the survivors, the two men can hear the shrill signal whistles and yelping dogs. Both men race up the steep slopes driven with new energy when they hear the approaching thundering of the 40th ARRS HH-53Cs. Low Bird drives in under the protective umbrella of the Sandys. Stewart and Wilson exact tolls on the enemy forces with their mini-guns. The extraction is swift and flawless, denying the enemy the opportunity to add two more POWs to its cells in Hanoi.

I Think about those guys in my unit all 14 of them that did not come back, I honor there memory as best I can. BUT, I also remember coming home and flying through the airports in Hawaii, then California, then taken a C 141 to Dover Air Force base for some well deserved R&R. I spent those 15 days avoiding my own friends as they were anti war, and treated us as Murders of children, and the elderly! I went on to do 12 more missions. When I came home it was to sneers and Jeers.

MEMORIAL DAYI hid for years the fact that I had been in Viet Nam to avoid running into one of those…lets just say, stupid people. I have spent many years with the anger in my heart, towards my county men for the way Viet Nam vets have been treated! I pray every night for those wounded or killed in the wars or conflicts that followed, as well as those brave young people coming home. I am proud to see a young soldier thanked for their service, a seat given up for them.

So in writing this post I feel it’s time 34 years later to forgive our county and those who booed us upon our return. It;s time to move on. To all of those who have given the Last Full Measure, I salute you on this Memorial Day, Happy Memorial day, NA “Have a Solemn, and safe, Memorial Day, and take a second or to to just thank, or think of A VET, because if it wasn’t for them you would not even be typing on Face Book! Thank you for taking your time to read this!  ~Richard Wilson~ TCRG Consultants

Memorial Day 2014

Memorial Day 2014

© 2014, Richard Wilson. All rights reserved.

Technorati Tags: Memorial Day, POW’s, Richard Wilson, Vetnam Vet

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Category : Ask The Trucker
21
May

FMCSA Division Chief to address trucking medical regulation concerns

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Elaine M. Papp, Division Chief for the FMCSA Office of Medical Programs returns as guest on Truth About Trucking "Live" June 19th 6PM ET

Elaine M. Papp, Division Chief for the FMCSA Office of Medical Programs Guest on Truth About Trucking “Live” June 19th 6PM ET

Elaine Papp, RN, MSN, COHN-S CM, Division Chief for the FMCSA Office of Medical Programs of the FMCSA will once again be joining us on Truth About Trucking ‘Live June 19th 2014 at 6PM ET.  The last time Ms Papp was with us on May 8th, she explained the  National Registry Of Certified Medical Examiners Program, including an FAQ during the show.

The Truth About Trucking”Live” broadcast, “Understanding the National Registry Of Certified Medical Examiners Program” with Ms. Papp, included her response regarding the on going concerns by drivers, the ATA and OOIDA, as they apprehensively anticipated that there would not be sufficient certified medical examiners to accommodate all drivers medical exams by the May 21st deadline.
You can listen to her reply on the replay  here.

Elaine will be addressing even more of driver and carrier concerns on June 19th, including medical regulations, exemptions, and waivers.  Details of the show will be announced on our Blog Talk Radio show description page as we get closer to the date.  Ms. Papp will be taking callers on the show,  a few drivers have written their questions to us already.

FMCSA

FMCSA

If you have a specific health or medical questions you would like to ask Ms. Papp, please ask in the comment section below  or send an email to info@truthabouttrucking.com.
Subject Line:  FMCSA Medical Show

Deaf Truckers United at 2012 Truck Driver Social Media Convention

Deaf Truckers United at 2012 Truck Driver Social Media Convention

Many remember Elaine Papp from the 2012 Truck Driver Social Media Convention in Kansas City, MO as she gave her presentation addressing many driver health concerns. Those who attended, warmly remember her as she  listened intently as the Deaf Truckers United Group made their plea for hearing exemptions.

Later in 2013, the FMCSA granted 40 individuals exemptions from the hearing requirements of the physical qualifications standards at 49 391.41(b)(11).
It represented the first time the agency had granted such exemptions
Read more FMCSA Grants Hearing Exemptions

 

 

 

© 2014, Allen Smith. All rights reserved.

Technorati Tags: ata, blog talk radio, deaf truckers united, Elaine Papp, FMCSA, National Registry of Certified Medical Examiners, ooida, truth about trucking

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Category : Ask The Trucker
13
May

2014 CVSA Road Check June 3-5

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CVSA Road Check 2014

CVSA Road Check 2014

The largest targeted enforcement program on commercial vehicles will soon be taking place between June 3-5, 2014. During the 72 hour period, nearly 10,000 Commercial Vehicle Safety Alliance (CVSA) certified inspectors will operate from 1,500 locations across North America to perform truck and bus inspections.

The annual program focuses on compliance and enforcement, targeting various elements of motor carrier, vehicle, driver and cargo safety and security.

According to the CVSA website, “approximately 14 trucks or buses are inspected, on average, every minute from Canada to Mexico” within the established 72 hours.

Level 1 inspections will focus on nine specific areas: brakes, coupling devices, fuel and exhaust systems, frame, van and open-top trailers, lighting, cargo securement, steering, suspension and tires, wheels, rims and hubs. The average cost of being placed out-of-service is $861, not including costs of other fines and repairs.

The CVSA provides a Roadcheck Check List for Drivers for the possibility of a roadside inspection in order to be better prepared to make it through without any disruption in service.

© 2014, Allen Smith. All rights reserved.

Technorati Tags: Commerical Vehicle Safety Alliance, CVSA, inspections, road check

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Category : Ask The Trucker
7
May

Freight Broker Announces First Ever Rate Transparency Policy In Nation

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Effective on May 1, 2014 LogisticsCom became the first national freight brokerage agency to enact an Ethical Broker Rate Transparency Policy. This rate transparency policy is open to all carrier partners of LogisticsCom along with our clients. 

Effective on May 1, 2014 LogisticsCom became the first national freight brokerage agency to enact an Ethical Broker Rate Transparency Policy

Effective on May 1, 2014 LogisticsCom became the first national freight brokerage agency to enact an Ethical Broker Rate Transparency Policy

FOR IMMEDIATE RELEASE

PRLog (Press Release)May 4, 2014FORT WAYNE, Ind.It is critical for the transportation industry to operate in an open and transparent manner to protect the interest of the shipping parties, the carrier and the driver. The Ethical Broker Rate Transparency Policy will play a pivotal role in curtailing unnecessary cost escalation brought on by mega-brokers questionable business commission structures, while, in addition building a true business alliance with shippers, small carriers, owner-operators and like-minded freight brokers.

By supporting or enacting an Ethical Broker Rate Transparency Policy we as freight brokers will be doing our part in curtailing escalating cost brought on by large corporate mega-brokers and their efforts to maintain their high (22-35%) fees.LogisticsCom will inform and verify with the customer what our fee is (deducted from their shipping bill) and what is forwarded onto the carrier. LogisticsCom will inform and verify with each carrier what the load actually pays and what they will be paid.

I would encourage every small to midsize freight brokerage agency throughout the nation to enact an Ethical Broker Rate Transparency Policy.

Contact
Greg McClain
***@logisticscom.com

— End —

© 2014, Allen Smith. All rights reserved.

Technorati Tags: freight brokers, Greg McClain, Logistics.com, rate transparency

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Category : Ask The Trucker
6
May

How Do I Make My Truck Euro 6 Compliant?

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 Specialist Manufacturers Of Silicone Hoses

Specialist Manufacturers Of Silicone Hoses

In June, 2007, the European Parliament brought in a regulation which aimed to reduce emissions from light passenger and commercial vehicles. The regulation was brought in to help reduce the negative effects of pollution on the environment and on people’s health.

In the 1990s, it was found that 20% of all carbon dioxide emissions came from goods vehicles and the EU set a target to reduce these levels to 8% by the end of 2012. As this did not happen (emissions actually increased to 28% or goods vehicles) some new legislation has been brought in.

What is the Euro 6 Standard?

If your truck has a diesel engine, you will need to reduce its emissions of nitrogen oxides as soon as the Euro 6 standard comes into play on the 1st September 2014.

Vehicles used to transport goods will be capped at 80mg/km and diesel vehicles will be capped at 170mg/km. You will also need to check several other categories to make sure your truck is compliant as, if it is over a certain weight, your emissions will be measured in terms of their energy output rather than distance travelled and, in order to comply with the Euro 6 standard, you should make sure your emissions meet the required levels. This applies to tailpipe, evaporative and crankcase emissions.

Which Pollutant Emissions Will Be Tested?

The EU is particularly concerned with the reduction of nitrogen particulates, oxides and hydrocarbons as these are damaging to the environment and can cause health problems.

What Do I Need To Check To Make Sure My Truck Complies?

You must make sure that your truck has a device fitted to control pollution and you should check it every five years or after travelling 100,000 km. If you are self-employed, contact your local service centre for more information about getting one fitted.

As well as having an anti-pollutant fitted, you should check the following emissions:

– Tailpipe

– Evaporative

– Crankcase

It is also a good idea to test any other emissions from your vehicle including its idling speed and carbon dioxide emissions. A good garage should be able to help run these tests and they should be aware of the new regulations.

If your vehicle fails any of the emissions checks, you should get relevant parts fitted to cut down on pollutant emissions. There may be tax breaks available if you need to make modifications to your vehicle.

This content was provided by Leyland Hose & Silicone who are specialists in silicone hose products for a wide range of performance, commercial and bespoke personal uses.

© 2014, Allen Smith. All rights reserved.

Technorati Tags: carbon dioxide emissions, emission reduction, emissions, emissions regulations, Leyland. Silicone hoses, nitrogen oxide emission

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Category : Ask The Trucker
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