Welcome to War On Truckers

Do you work for a trucking company in the USA? We invite you to participate in a new questionnaire. The data collected will help with the creation of a new segment of WarOnTruckers. This new segment when it is published will give a comparison of trucking companies to assist drivers to with relevant data to decide who they would like to work for. The link to this questionnaire is below. Please only Truckers or Company Representatives. CLICK HERE to participate. Thank You

Let’s start with a convenient shortcut to the online comment form. To avoid wading through multiple steps, simply click here and follow the “Submit Comment” link. For helpful hints, including how to file comments anonymously, check out this “how to file” list of instructions compiled by Land Line Magazine.

When filing online, you will need to provide the following document ID: FMCSA-2004-19608-3573.

Speaking up now can make a difference in how the Federal Motor Carrier Safety Administration develops a new rule. Remember, this is a new administration and they want to hear from you. The FMCSA is particularly interested in hearing about on-duty hours, the 60- and 70-hour rule, sleeper berth use, loading/unloading time and rest periods.

The public is welcome to attend upcoming listening sessions Tuesday, Jan. 19, in the Washington, DC, area; Friday, Jan. 22, in Dallas; Monday, Jan. 25, in Los Angeles; and Thursday, Jan. 28, in Davenport, IA. Click here for the locations and addresses. Note that the Davenport session has the best truck parking at a nearby Flying J.

OOIDA plans to have representatives at each session to help members make a strong impression.

The first session is being webcast live at the following link: http://www.tvworldwide.com/events/dot/100119/. Viewers of the webcast will have an opportunity to leave comments.

During all four events, the public can call 866-216-6835 and enter an access code to make a comment. Click here to view the list of access codes and the available times to call.

For mailing or faxing comments, you will need to provide the following docket number: FMCSA-2004-19608. Don’t forget to check out Land Line’s “how to file” instructions for some helpful hints.

The official mailing address for comments on hours of service is: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

The fax number is 202-493-2251.

Those are the official channels. If you have a Facebook account, click here to join an HOS discussion group moderated by OOIDA. If you have any questions, just ask or call OOIDA at 800-444-5791.

– By David Tanner, staff writer
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A Nightmare before Christmas

Written by David J
Tuesday, 29 December 2009 17:01
On December 22 just 3 days before Christmas, Arrow Trucking of Tulsa OK ceased its operations stranding almost 1400 truck drivers all over the USA. These drivers were sent a message over their satellite link that they were to drive their trucks to the nearest dealer (Freightliner, Navistar and Kenworth) and turn in their truck at the dealership. Some of these drivers were as far as 3000 miles from home. This is the callous disregard that many companies have for their drivers. There has been a lawsuit filed by 3 drivers against Arrow's CEO Doug Pielsticker for violation of the WARN act (Worker Adjustment and Restraining Notification) and unpaid wages for the dating back over 30 days. Write comment (0 Comments)
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CARB's deceptions

Written by David J

Wednesday, 09 December 2009 18:28

For months, even before the December 12, 2008 vote to implement massive rules affecting the trucking industry, CARB (California Air Resources Board) board members knew that their lead researcher Hien Tran had lied about his education. Hien Tran claimed he had a PhD from U.C. Davis, in fact he lied to his supervisor when asked to provide proof of his education (see email). Yet the board members of CARB chose to cover it up. Tran's research has lead to the current policies being enforced by ARB currently and massive upgrades that the entire trucking industry is facing in the very near future. Hien Tran has been demoted but not dismissed from CARB. Anywhere else Mr. Tran would have been immediately dismissed from his employment. Being that this is a government job, the application clearly states; "I certify under penalty of perjury that the following I have entered on this application is true and complete to the best of my knowledge" (NOTICE OF ADVERSE ACTION)

The Califonia people have been fleeced by this man and by CARB. CARB has and still is imposing HUGE fines on businesses (CARB Newsroom), forcing many Owner/Operators and trucking companies out of business and many into bankruptcy. As there are thousands of links on google relating to this scandal there isn't much that I can really add to the topic. The best coverage on this scandal is found on KillCarb.org.

The questions I am wondering about and not being asked are:

Why is Hien Tran still employed with the State of California?
Why isn't Hien Tran being prosecuted for Perjury under the California Penal Code?
Why is CARB still enforcing policies and imposing fines which were put in place using Hien Tran's research?
Why did CARB ignore and sweep this under the rug for so long?

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Washington state labor investigation looks at carrier’s APUs

Washington authorities cited and fined one large motor carrier this summer after finding that the carrier didn’t provide consistent in-cab heat for a company driver.

Gordon Trucking of Pacific, WA, was fined $1,000 in June by the Washington State Department of Labor and Industries. The state alleged that Gordon didn’t ensure its company practices were adequate to make the workplace safe.

“Employees aren’t provided a means to keep warm in cold temperatures at high altitudes while driving delivery trucks,” the citation read. “Employee truck idle is automatically disabled after approximately five minutes.”

Gordon equips many of its long-haul trucks with bunk heaters and APUs. The complaint alleged that when the truck was parked above about 4,900 feet, the APU heater didn’t work, leaving the driver in the cold.

“Employees could be seriously injured with frostbite, hypothermia, or even death,” the complaint said.

Elaine Fischer, spokeswoman with the Washington State Department of Labor and Industries, said Gordon Trucking proved that the state could not show any incident occurred while the truck was parked in Washington, bringing into question whether the state had jurisdiction.

The state later dropped the case after Gordon Trucking appealed, but a state labor spokeswoman said it would investigate and pursue similar claims if they’re reported.

“We could certainly look into it if it’s for work being performed in our state,” Fischer said. “It’s up to the employer to assess hazards their employees might encounter in the workplace.”

Joe Rajkovacz, OOIDA regulatory affairs specialist, said the labor complaint could be just the first of many as companies prevent idling to save diesel and comply with an increasing number of local truck idling limits.

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2009-12-15 12:33:31Backup to the backup

2009-12-15 11:32:57ABOUT TIME

Truckers seek refunds from Minnesota

New class action lawsuit filed by OOIDA

(Grain Valley, Mo., Nov. 20, 2009) –The Owner-Operator Independent Drivers Association (OOIDA) filed a class action lawsuit against the state of Minnesota seeking refunds on all commercial vehicle inspection citations issued to truckers prior to August 1, 2009. The suit also seeks to expunge such citations from motor carrier and driver records.

OOIDA’s suit charges that the state of Minnesota never adopted the Federal Motor Carrier Safety Administration’s (FMCSA) regulations into state law and that the U.S. Department of Transportation never authorized Minnesota to enforce federal regulations.

The lawsuit is new and separate from the previous action OOIDA took against Minnesota in May 2009 with regard to a fatigue checklist.

OOIDA contends that prior to Aug. 1, 2009, there were no motor carrier safety regulations in existence that officers of the Minnesota State Patrol were authorized to enforce against interstate motor carriers or their drivers. According to documents obtained from FMCSA under the Freedom of Information Act, Minnesota had not adopted safety regulations of its own and was not authorized to enforce federal regulations.

“The state of Minnesota finally got around to incorporating federal motor carrier safety regulations into state law this August when FMCSA threatened to cut off federal subsidies to Minnesota under MCSAP,” said OOIDA President Jim Johnston. MCSAP stands for the Motor Carrier Safety Assistance Program.

“They had no authority to issue tickets or put people out of service. It’s high time to give back what is owed and reverse the damage to drivers’ records,” added Johnston.

The OOIDA suit charges that unauthorized citations and out-of-service orders issued by officers of the Minnesota State Patrol prior to August 1, 2009 deprived both drivers and interstate motor carriers of their rights to due process of law under both the United States and Minnesota constitutions. The suit seeks damages against Minnesota officials under 42 U.S.C. § 1983 and restitution by the state of Minnesota of fines paid. If the suit is successful, the statute of limitations would require that all fines imposed for six years prior to the suit be returned.

The suit was filed Nov. 20, 2009 in the Minnesota District Court for the Fourth Judicial District (Hennepin County). A copy of the complaint is available here

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 158,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo., area.

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2009-12-01 23:54:06Driver

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