1) Minimum Wage Standard 2) Parking 3) Lumping/ Lumpers 4) Split Speed Limits 5) Hours of Service 6) Brokers 7) EOBR ( Electronic on board recorder's ) 8) NAFTA ( North American Free Trade Agreement ) 9) Vacation/ Time Off 10) Tolls 11) Idling 12) Repeal the Administrative Procedure Act
MINIMUM WAGE STANDARD
Due to the restrictions in the laws and the economy drivers just aren't making the kind of money they used to. Technically they make the same annual income they did about 25-30 years ago, however, do to the high rate of inflation that has more than doubled, truck drivers have gone from driving and thriving to absolutely struggling and wondering ,what gives? What is the point of them putting themselves out there and willing to work hard only to be held back by unfair laws and regulations? When laws are made in the name of safety, and truck drivers are in such high demand to keep America moving strong in the world of commerce and for the people that rely on them, then why cant drivers earn an acceptable wage conducive to the standard of living in this modern age in which we live? As a means to achieve the proper sense of professionalism that is expected of drivers in the trucking industry a fair and adequate wage standard is necessary. Truck drivers should not be expected to work for less than their value any longer. In order to put the pay scale back on track to the standard before deregulation we need federal regulations requiring a pay scale for all trucking companies to follow. This will not hold threat to any trucking companies to be put out of business, because, all companies will have to follow the very minimum on the pay scale. Which , means every company will have to make the same minor adjustments in their freight rates to cover the expense. The payoff will be beneficial for everyone because it will create a less stressful work environment for the drivers when they no longer suffer from financial difficulty and that will help to improve safety. Also, by creating a more adequate pay scale people who are currently unemployed will seriously consider driving a truck as a career choice. Here is a proposal for an acceptable wage standard .
CPM = Cents Per Mile
Hourly Wage = Actual hourly pay or CPM @ 60 mph
Drivers paid CPM should be paid for all the miles traveled to perform their duties, the methods in current use are cheating drivers out of money by paying them far less than the miles required to complete the work and that is theft of services.
EXPERIENCE : 0-1 years (apprenticeship) .20 CPM / $ 12.00 per hour
1-5 years . 33 CPM / $20.00 per hour - .415 CPM / $25.00 per hour
5-10 years .4325 CPM / $26.00 per hour - .50 CPM / $30.00 per hour
10-15 years .52 CPM / $31.00 per hour - .60 CPM / $35.00 per hour
15 + years .66 CPM / $ 40.00 per hour
Owner Operator, Lease Operator, Independent Contractor or any other form of address a company may use to describe a person who provides their own truck and equipment for the purpose of gainful employment should be compensated to the minimum of $2.00 per mile/$120.00 per hour plus all assessorial pay described below and including all applicable fuel surcharges. because this is categorized as a business the compensation is for the truck and should not be reduced based on the drivers experience.
Because experienced drivers have the greatest ability to perform their duties in the safest manner possible , the most experienced drivers should have the first priority for hire and dispatch, providing their work history and driving record reflect that ability.
LAYOVER PAY
A driver who is in a position to constitute layover (14 hours following a 10 consecutive hour break = 24 hour period even when a driver is under a load but not at home) should be paid 8 hours x their CPM @ 60 mph. The purpose for this pay is because a driver that is not home on a daily basis doesn't have the opportunity to utilize their time for financial gain and hasn't any means to make up for time lost when they are required to be at the ready and available for work when a dispatch arrives. Companies should not be allowed to move trucks on phantom loads with the intention of negating layover pay.
DETENTION PAY
According to Federal Motor Carrier Safety Regulations (FMCSR) section 395.2- on duty time, a driver must log their time as on duty not driving if he/she is: waiting to be loaded or unloaded, in a breakdown situation, or waiting for work to be performed on a truck in the shop, etc. A driver must log this time as on duty not driving, which is a consumption of their available time to make money. Therefore, drivers should be compensated for all their time while on duty not driving at the rate of their CPM x 60 prorated by the quarter hour or their standard hourly rate if paid by the hour.
EXTRA STOP PAY
Pertaining to drivers paid by CPM . Any time a driver must make extra stops (any stop for pick up or delivery other than the original pick up or delivery) should be their CPM x 30 to account for loss time associated with traffic delays.
METRO PAY
Because of added stress and traffic delays associated with driving in large cities a driver should be paid their CPM x 240 . This should be NYC-long island, Chicago, Los Angeles, Miami, Atlanta, Dallas-Ft.Worth, Boston, and all other metro areas.
PARKING ISSUES
Many businesses may like to allow big trucks and recreational vehicles to park overnight in their parking lots. However, almost all cities, towns, and parishes have ordinances preventing them from doing so. We all know if a driver parks within city limits that the local police will wake them up, possibly fine them, and run them off the property right out of town. Most police officers don't particularly like this part of their job, they seem to understand the drivers position, they are just doing what they must. Cities will also fine outrageous amounts of money to businesses for any trucks and recreational vehicles that park overnight on their property, and this is why they post signs prohibiting any amount of parking. For the purpose of safety, and because truck stops and rest areas fill up quick, as a means to accommodate parking for trucks and recreational vehicles congress should legislate a law prohibiting cities, towns, and parishes from banning parking in shopping plazas that are within city limits.
LUMPING/LUMPERS
Although technically by law a carrier temporarily owns the freight on their truck while it is in transport, no carrier or driver should be made to pay for or be responsible for the cost of loading or unloading of the freight. Anyone who wishes to ship or receive shipments should be prepared to load or unload the freight at their expense. Drivers are burdened with the handling of the cost of these services and must be reimbursed by turning in a receipt, if this receipt is lost or missing during the billing process the driver forfeits the cost. Laws should be put in place to prevent shippers and receivers from charging any carrier for the loading and unloading of their freight.
SPLIT SPEED LIMITS
For the purpose of safety, all vehicles should be allowed to travel at the same rate of speed on all highways, interstates, and turnpikes.
HOURS OF SERVICE ( HOS )
The HOS rules may look good on paper , however, they are a complete contradiction in terms to safety. Only the driver can know their ability to perform their work safely. Laws do not assure safety when they prohibit a driver from driving when they are fit to do so, and allow a driver to drive when they are too tired to do so. People work as an means to survive, and when a person cannot make enough to survive on, they must resort to whatever means necessary to do so. This is a law of nature. A good driver must know their abilities and that comes with experience. HOS laws should not apply to drivers with 5 or more years experience and in good standing on their driving record.
BROKERS
Double and multiple brokering loads is a common practice in the trucking industry. This creates an issue in terms of safety because an owner operator or small trucking company will have problems receiving adequate compensation for the work they perform. In which case prevents them from keeping up with proper maintenance on their equipment. When companies have agents working on their behalf, they may create multiple in house brokered loads, which, eliminates the profit from the load before the person who performs the work gets the load. Other drivers concerns are that brokers will accept a load from other brokers thinking they have a truck to cover the load and when they find they do not, they will pass it on to another broker who thinks they can cover the load, a load may be passed on several times before it is assigned to a truck. Meanwhile, each one takes a percentage off the top of the load. It is important for congress to pass a law to prevent these actions and put the Department of Transportation in charge of overseeing that brokers are not multiple brokering loads and fine any that are not abiding by the law.
ELECTRONIC ON BOARD RECORDING DEVICES
This is a hot topic for most drivers because the issue with the CSA laws are bad enough already and makes them feel that they are at risk of threat of the law and yet they have to do what they know is a safe operation of their vehicle. That is a clear contradiction to the law itself, and yet the federal government wants to use technology in an abusive manner to force drivers to perform their jobs in a way that is against their will. When any U.S. citizen is forced to be controlled by the use of technology, then that person has been subjected to abject servitude. This country relies on and needs truck drivers to keep civilized society going, so, it is unreasonable to mention that drivers can seek a career change if they do not agree with the use of technology in the work place as a means of control. Electric on board recording devices should not be allowed to be implemented on drivers or trucking companies. We as citizens want all laws that require trucking companies and truck manufacturers to implement the use of electronic on board recording devices abolished and laws establishing the restriction of any one using such a device.
NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
There is no clear benefit to NAFTA for the United States of America . In fact there seems to be an interest of national security to stop the impact of NAFTA on our country. The nation of Mexico has an inability to get control of the drug cartels in their country and now with the implementation of NAFTA we are inviting trouble and over burdening our customs and border patrol agents. Freight to and from Mexico can be adequately cross docked at the southern border, which will make it easier to police the transport of illegal substances. As for trucking companies and the drivers of the U.S. competing against Mexican carriers will impact our ability to do business and have a huge impact on U.S jobs. Because of the monetary exchange rate between our two countries, Mexican carriers have an advantage in competing in the market place. It is imperative to abolish the use of NAFTA in the United States of America.
Vacation/ Time Off
Because drivers spend so much of their time away from home and family, and are required to deal with a great deal of stress, they should be allowed a week off for every 3 months of work.
TOLLS
The interstate highway system was built to establish a quicker and uninterrupted means to travel by motor vehicle. It was built by tax dollars paid by the American people and for some reason they are being charged a toll to use these roads. That is double taxation and limits motorist ability to utilize the interstate highway system. This is an abusive procedure that can be best handled by adjusting the tax base at the fuel pump and omitting the toll system altogether. Tolls should not be allowed to exist on any interstate highway in the U.S. including all bridge tolls.
Idling Trucks
For the purpose of driver comfort and proper rest periods, drivers should be allowed to idle their trucks when weather conditions do not permit them from shutting off the truck. Trucks may be uncomfortable to be occupied when temperatures are below 50 degrees and above 75 degrees. This should only be applied to units that are not equipped with an auxiliary power unit in proper working order.
The Administrative Procedure Act/Administrative Law
The Administrative Procedure Act/Administrative Law is a large overreach of government that leads to dictatorship and tyranny. Giving the power to individuals who administrate government agencies, and independent agencies to make laws, execute laws, and adjudicate laws creates a fourth branch of government, that is not sanctioned in the U.S. Constitution. We the trucking industry have seen the abuses of these powers too many times from the FMCSA. We want the Administrative Procedure Act repealed.