Trucking Industry Under Fire
I have a great deal of contact with truck drivers (CDL license holders) where I work at. What do you think is on their minds right now? The economy? Nope. The BP oil spill? Nope. Gas prices? Wrong again. The answer is a little heard of trucking regulation called CSA 2010. The general public has no idea that the federal government is about to regulate the trucking industry like never before. The Department of Transpiration will claim these rules have been needed for quite some time and that it will produce better safety on the roads by safer drivers in safer vehicles. In reality outside of Washington DC, this regulation means truck drivers out of work, trucking businesses out of business, and higher costs of products in grocery stores to department stores. If drivers accumulate too many points, they cannot drive because a company can only hire "safe" drivers.
Companies will fail DOT inspection under CSA 2010 for the following:
Another issue is the truck driver being fined or hit with points against their license because of improperly maintained equipment, whether that equipment is lights, tires, engine, exhaust, etc. What if a company driver refused to take a load because his company won't fix his truck properly? Does he or she turn their company in to DOT? Will they face any kind of retribution by the company for refusing a load or turning in a company to the DOT? What about the driver who has all their lights working when they left, but at some point during the day, a trailer light goes out, and they get nailed by DOT? Is that fair for the driver to get points against their CDL? I don't think so. In addition, a driver can get nailed for an improperly loaded trailer. How can a driver be responsible for a load that the driver did not load? For instance, when I worked at R.R. Donnelley's, our forktruck drivers loaded the trailers, not the truck driver. So if one of our forklift drivers stacked the load wrong and it shifted, how is that the truck driver's fault and why should they be penalized?
What is this going to cost the trucking industry? According to Jay Thomas of Packard Transport, it'll cost 175,000 truck drivers their jobs or in other words, there will be 175,000 drivers that do not qualify or are eligible to drive a truck. Furthermore, according to Federal Motor Carrier Safety Administration's own research, 47.9% of trucking companies will fail the new safety regulations thereby putting them "out-of-service". Companies will have 60 days to become compliant of lose their operating license. 45 days for passenger and haz-mat operators.
Many questions remain about the effects of CSA 2010's launch in November 2010. How will the Teamsters union react to their members being told they can't drive because of this new regulation? How many of those possible 175,000 drivers will file for disability because of being unable to qualify for the physical requirements? What will the costs be to implement CSA 2010 for businesses and will they ultimately pass those costs on to you and me? What will happen when trucking companies fire "unsafe" or "risky" drivers? Who will they replace them with? How does this effect Mexican or Canadian trucking companies - especially NAFTA related trucking?
Truck drivers are the lifeblood of our economy. We expect our products to cost less and get to us faster, yet our federal government is on a mission to ensure that costs will rise, ensure more people will be out of work, and ensure there is more red tape to cut through. I hope someone in Congress takes this issue up before CSA 2010 is implemented and puts a stop to this. As I write this, I can think of about 10 of my truck driving friends that would not be able to drive after this regulation is put into place. I'm sure there's more that fit in that boat as well.
Companies will fail DOT inspection under CSA 2010 for the following:
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Failing to implement an alcohol and/or controlled substances testing program.
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Using a driver who has refused to submit to an alcohol or controlled substances test required under Part 382.
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Using a driver known to have tested positive for a controlled substance.
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Failing to implement a random controlled substances and/or alcohol testing program.
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Knowingly using a driver who does not possess a valid CDL.
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Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
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Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
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Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
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Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility coverage.
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Knowingly using a disqualified driver.
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Knowingly using a physically unqualified driver.
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Failing to require a driver to make a record of duty status.
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Requiring or permitting the operation of a commercial motor vehicle declared "out-of-service" before repairs are made.
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Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
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Using a commercial motor vehicle not periodically inspected.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.One of the largest problems with CSA 2010 is the physical requirements for truck drivers. If you are sick, you cannot drive. If you are overweight, you cannot drive. If you have sleep apnea, you cannot drive. If you have high blood pressure, you cannot drive. If you are "fatigued", you cannot drive. Truck driving has got to be one of the worst health related jobs out there. Truck drivers are generally on the road 10 hours a day (as per DOT regs), they are eating out nearly every single day, and they have little to no access to exercise equipment. And we wonder why some truck drivers are overweight or have high blood pressure? It is still unclear whether a driver's BMI will be used against them during physical checkups. I found some sources that said the DOT will use BMI, and DOT says they won't. We'll have to see. Either way, placing such stringent physical requirements on truck drivers is laughable. How many people driving cars are on the road now that would not even come close to meeting those requirements?
Another issue is the truck driver being fined or hit with points against their license because of improperly maintained equipment, whether that equipment is lights, tires, engine, exhaust, etc. What if a company driver refused to take a load because his company won't fix his truck properly? Does he or she turn their company in to DOT? Will they face any kind of retribution by the company for refusing a load or turning in a company to the DOT? What about the driver who has all their lights working when they left, but at some point during the day, a trailer light goes out, and they get nailed by DOT? Is that fair for the driver to get points against their CDL? I don't think so. In addition, a driver can get nailed for an improperly loaded trailer. How can a driver be responsible for a load that the driver did not load? For instance, when I worked at R.R. Donnelley's, our forktruck drivers loaded the trailers, not the truck driver. So if one of our forklift drivers stacked the load wrong and it shifted, how is that the truck driver's fault and why should they be penalized?
What is this going to cost the trucking industry? According to Jay Thomas of Packard Transport, it'll cost 175,000 truck drivers their jobs or in other words, there will be 175,000 drivers that do not qualify or are eligible to drive a truck. Furthermore, according to Federal Motor Carrier Safety Administration's own research, 47.9% of trucking companies will fail the new safety regulations thereby putting them "out-of-service". Companies will have 60 days to become compliant of lose their operating license. 45 days for passenger and haz-mat operators.
Many questions remain about the effects of CSA 2010's launch in November 2010. How will the Teamsters union react to their members being told they can't drive because of this new regulation? How many of those possible 175,000 drivers will file for disability because of being unable to qualify for the physical requirements? What will the costs be to implement CSA 2010 for businesses and will they ultimately pass those costs on to you and me? What will happen when trucking companies fire "unsafe" or "risky" drivers? Who will they replace them with? How does this effect Mexican or Canadian trucking companies - especially NAFTA related trucking?
Truck drivers are the lifeblood of our economy. We expect our products to cost less and get to us faster, yet our federal government is on a mission to ensure that costs will rise, ensure more people will be out of work, and ensure there is more red tape to cut through. I hope someone in Congress takes this issue up before CSA 2010 is implemented and puts a stop to this. As I write this, I can think of about 10 of my truck driving friends that would not be able to drive after this regulation is put into place. I'm sure there's more that fit in that boat as well.
Posted by downstateiladvocate at 6/19/2010 9:17 PM 
Categories: General
Tags: DOT 5th Amendment CDL CSA 2010 FMCSA Trucking Industry
Categories: General
Tags: DOT 5th Amendment CDL CSA 2010 FMCSA Trucking Industry
SAFE "truck drivers are the lifeblood of our economy"...while the unsafe ones are a public menace, and need to be gotten off the highways. As for your "double jeopardy" argument, give me a break! This sounds like the gaseous stuff labor unions tend to spew; i.e. - applying aspects of the criminal code to purely CIVIL law. Crimes aren't the question here; removing unsafe drivers from the commercial arena (where they can/could do a world of hurt!) is.
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I'm no legal eagle, but the 5th Amendment would apply here because truck drivers who do have a citation (fined or pointed) would be in essence re-penalized for past infractions. You didn't answer some of the questions I raised though. Some of the safety issues a truck driver faces aren't even related to him or her operating the vehicle - like my example of being responsible for improperly loaded trailers?
If we are so worried about unsafe drivers, why do we allow anyone under 18 or over 65 to drive then? Why do we only hold truck drivers to a higher standard? Because they're bigger, and heavier? Please. A car might not have the weight or size of an 18 wheeler, but there are plenty more of them. I've seen truck drivers drive like idiots, but I've seen enough drivers between where I live and where I go to school (36 miles) each day drive horribly to fill an insane asylum. How many non-CDL drivers could not pass the same test that will be placed on CDLs? My guess there would be a lot of people walking.
While we're at it, why not lower the speed limit on big rigs to 45 as well? We all know that speed kills, right (despite the Autobahn having a better safety record than the US highway system)? It took until this year for our General Assembly to raise the speed limit for trucks to match the speed of cars. The entire time, the opposition said that raising the speed limit would be unsafe. Or maybe limiting them only to the right lane? Or only driving during the day? Why not reduce the allowed hours of driving from 10 to 8, plus requiring mandatory breaks? Or extend their "restarts" from 34 hours to 48? I think back to my grandfather who jumped in a truck after WWII and stepped out of a truck 40 years later. He was driving long before all these regulations on the trucking industry and the world didn't end. Why now do we need to regulate an industry further? You're right though. Those "safe" drivers and "safe" companies will be off the road, but who will replace them? My guess is look no further than our NAFTA partners, especially south. No coincidence that the limitations on Mexican trucking companies having access to all US highways (as opposed to access to only a few miles now and having to drop load and go back) which the Obama administration is currently deciding on whether to lift said restriction? Granted, I can't lay all of this on Obama, because these regulations were born under W and he did nothing to stop them as well.
Finally, isn't it convenient that it is a federal agency, not elected officials, that will decide the fate of a multitude of truck drivers? Sounds great in the same of safety, but And I have to say, this is the first time anyone has ever told me I'm carrying water for labor unions.
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They may be "penalized" for past conduct....but that's a natural economic result, and NOT one involving criminality. Sorry, but I don't recall the 5th applying to purely civil actions.
As for "the safety issues a truck driver faces aren't even related to him or her operating the vehicle", well, the fact is that they ARE "related" to the driver and he *IS* responsible for those issues EVEN NOW!!! It's ALREADY his responsibility to determine if the vehicle is in safe operating condition, that it's maintained that way while he's in charge of it, and that the load he is carrying is transported safely...and he's ALREADY granted the authority to refrain from driving if the conditions he's responsible for aren't met.
As for your "why do we allow anyone..." off-course rambling....well,pray tell; just what's the relevance of THAT?!? If THEY (the types of drivers you mentioned) are unsafe, then THEY should be taken off the roads as well.
Not going to get into your last paragraph all that much (it's much too convoluted for my taste), but your comment of "despite the Autobahn having a better safety record than the US highway system" struck a raw nerve with me. You see, I lived and worked in Germany, training commercial drivers on the very autobahns you claim are "safer". I also served on employer safety committees over there, reviewing accidents which occurred on those autobahns...and I know - both anecdotally and statistically - that the autobahns are *NOT* (got that....**NOT**!) safer than U.S. Interstates, nor do they have better "safety records". I suggest you blow such smoke elsewhere...perhaps in the direction of someone who has *NOT* witnessed a multiple-hundreds of cars pile-up extending for kilometers on an autobahn.
Lastly, while it may be the first time that someone has TOLD you that you're "carrying water for labor unions", I'm afraid that it doesn't negate the fact that when the unions called out "water", you came running. Granted, you may not like the appellation..but I'm afraid it fits you to a "T". Deal with it.
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Agreed,...SAFE truck drivers are the lifeblood of our economy.AND unsafe drivers should be removed from the highways.
However this point system that is being implemented is, in reality, doing little to achieve this.It all sounds good on paper but if it is the American economy in question and safe operation of the American trucks on the road,this writer has many valid points.Put yourself in the position of being jobless because of your Body Mass Index or simply from hearsay allegations that you are not given the opportunity to contest?
There seems to be a VALID issue of VIOLATION of constitutional rights in all this.Just so you know..I am in no way affiliated or involved with ANY union.I'm a hard working person that has been safely and successfully driving a truck for nearly twenty years.I have never missed work from an illness.How many can make that claim?
Because of my age, employment,in REALITY,will be,.. at best,.. challenging if I am to be "pointed out"of the trucking industry I would not want to rely on "government assistance"be it unemployment,disability or welfare,and I am ONE in thousands who may be in this position soon.
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Plus, there is no appeal process for driver or company caught up in CSA 2010. None.
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I'm still of the persuasion that driving is a PRIVILEGE, **NOT* a "right". Nor do I believe that you have a "right" to hold a job that you are no longer qualified for....especially if your inability to perform that job safely endangers the public.
As for "constitutional rights"...well, in addition to the "privilege" position expressed above, I'll also admit that I've never been all that convinced that the "from each according to his ability, to each according to his needs" crowd - which you seem to be a charter member of, whether you're are "affiliated" with any union or not - has it correct. Would finding other employment at your age be "challenging"? Well, perhaps...but I don't see reason for the relaxing of safety regulations that keep drivers from endangering everybody simply so people like you can have less difficulty in finding employment. I.e. - if YOUR life choices brought you to the point where you were only qualified to drive a truck, and then you (effectively) lost that qualification as well, then I feel sorry for you...but why should society generally be punished for the choices - and mistakes - that YOU, yourself, made?
In other words, I'm sorry if, under the law, you can't cut it anymore...but I'm not willing to see my life, or that of those I love, endangered simply to aid those like you in avoiding the "challenges" of life.
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Maybe you missed the fact, that I have been safely driving a truck, without illness for nearly twenty years.The only disqualification that may come to me is by someone sitting behind a desk in the government scheme of things that seems to think he knows more about me and my abilities than I do.
Since your main concern seems to be for the safety of yourself and your loved ones...maybe you should do some serious research on the main cause of car truck related accidents.I'm sure your auto insurance company would be a helpful place to start as well as the government regulated motor safety commissions.You may be surprised to learn that the smaller vehicle has the highest fault ratio in these events by far.We as drivers can only drive our own vehicles not yours or your loved ones,however we do avoid countless daily mistakes they incur for us as well as others on the roads.Not everyone is perfect and we, as safe and consiencious drivers, watch for and try to protect those who make mistakes,even the ones who are aggressive towards us or just purely indigent to others in general. Oh yeah..you need to take us off the road and replace us with ?????
I don't want your sympathy,I will face the challenges of life as I have them come at me,as I do everyday out here on the road.But in my opinion,and it is just and opinion....you need to come out of your law governed bubble and try reality for a bit.If only you can do this without violating ANY laws of course.
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