Newsletter july 2013

July 2013 Volume 1 Number 12

FMCSA Guidance on Break Time on-duty 2

Carrier ordered to pay back wages 2

Throwing Parts At It, By Sandy Long 4

Justice for Truckers, by Rickey Gooch 5

Maryland Launches Safety Effort 6

Skagit River Bridge Vertical Height Raised 7

Answers to HOS Questions 8

Are You Prepared for Life’s Events? 9

Nightmare for Drivers, by Allan Nightrunner 10

Driving the road to better health 11

AIPBA Files Federal Lawsuit 12

Colorado Buckle Up Campaign 13

Trucker Charity 14

Roger Animal Transport 6

Missing Trucker Alert 7

Maupin, Oregon— © 2013 Trish Neal

Trish Neal, Editor

Trucking by Design

541-404-0724 Cell /Text

888-269-8775 Fax

Call, Text, or Email!

[email protected]

www.facebook.com/FMCSA

Page 2 My Tru ck New s`

In a language clarification from the 1997 guidance on hours of service rules, the Federal Motor Carrier Safety Ad-

ministration is issuing Friday, July 12, an updated version of regulatory guidance concerning breaks for drivers.

The guidance comes on the heels of the July 1 effective date of hours of service rule changes and clarifies guidance it

says has an “effect of discouraging drivers from taking breaks during the work day, or documenting such breaks in

their logbooks.” Among other changes, the new regulations require drivers take a 30-minute break every eight hours

on duty.

The two new conditions that FMCSA says must be met to record meal and other routine stops made during on-duty

hours as off-duty break time:

(1)”The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accesso-

ries, and any cargo or passengers it may be carrying.”

(2) “During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/

her own choosing.

The 1997 guidance includes requirements for written instructions from a drivers’ employers concerning breaks and

are inconsistent with FMCSA rules, the agency says. The new guidance, says the agency’s notice, attempts to make

clear to carriers that they do not need to provide guidance to drivers — written or verbal — regarding specifics as to

when and where they can take rest breaks.

“While FMCSA has not received any requests for clarification of the guidance, the agency believes it is out-of-date

and no longer provides practical assistance to motor carriers attempting to achieve compliance with HOS rules,” says

FMCSA’s notice. http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

FMCSA issues guidance on breaks in on-duty time

Jill Dunn | Overdrive Magazine/ July 25, 2013 A federal agency has ordered a Massachusetts carrier pay a driver $131,533 after firing him for refusing to drive after reaching the federal limit on hours. On July 23, the U.S. Department of Labor announced it had directed Brillo Motor Transportation of Marlborough to pay the driver $96,864 in back wages and interest, $9,669 in compen-satory damages and $25,000 in punitive damages. It also re-quires Brillo and its owner Chuck Cappello to rehire the driver discharged in 2010. Additionally, the agency ordered the three-truck company pay reasonable attorney’s fees for the driver and expunge any ad-verse references relating to the termination from his personnel file. The department does not release names of employees in-volved in whistle-blower complaints. Brillo did not immediately respond to request for comment. An investigation by the department’s Occupational Safety and Health Administration determined the carrier violated the Sur-face Transportation Assistance Act. This law prohibits dis-crimination against employees who refuse to operate a vehicle

Carrier ordered to pay back wages, rehire driver fired for refusing to drive over hours

in violation of commercial motor vehicle safety. The company may file objections or request a hearing before the department’s Office of Administrative Law Judges within 30 days of receiving the order.

DOWNLOAD FROM HERE: http://www.fmcsa.dot.gov/documents/hos/HOS-Regulations-7-1-2013.pdf

VISOR CARD

Page 4 My Tru ck New s`

Editor’s Note: We welcome Truck Driver and Author, Sandy

Long to My Truck News this month! Look for articles by Sandy

in the coming months!

By Sandy Long

Every truck driver and car owner understands the term

“throwing parts” at a problem; when a mechanic cannot figure

out what is wrong with a vehicle large or small, they just say,

“might be this, I will replace

it.” Nevertheless, it does not fix the

problem, only the mechanic or shop

benefits. We are seeing that attitude in

trucking.

By now, the whole world knows of the

efforts of the FMCSA and special in-

terest groups to bring down the acci-

dent rates involving trucks to a zero

level; this effort is featured in national

news reports. Because of the political power of groups such as

Parents Against Tired Truckers (PATT) FMCSA has focused on

fatigue as being the major cause of accidents though statistics do

not support this factor. To fight this so-called fatigue factor,

supposedly found in all truckers, FMCSA is literally throwing

parts at driver’s fatigue without addressing the real issues behind

most accidents. Technological developers and device manufac-

turers who stand to make a financial killing off the ‘fatigue’

regulations are supplying the parts.

The technological parts are widespread. Recently, in a discus-

sion with a customer service engineer of a major truck manufac-

turer, he was touting the benefits of a device that will slow or

stop a truck if it got to close to another vehicle ahead of it in

case the driver falls asleep. When I showed little appreciation

for the device, he was surprised that I was not gung ho on

it. “But,” he said, “I thought you were all about safety.” This is

a common response of people due to propaganda from the spe-

cial interest groups when someone does not jump on their band-

wagon.

Electronic On Board Recorders (EOBRs) are being pushed to

remove the ‘human’ factor from the hours of service equation

along with being able to show what a truck driver was doing at

the exact point of an accident ie, hard braking, speed, etc. The

plain EOBR system, without electronic logs, are already avail-

able thru the truck’s engine computer system in a slightly less

sophisticated manner with hard braking incidents being recorded

and can be set up to record speed. The e-logs were not in place

in the industry a month before both drivers and dispatchers fig-

ured out ways to get around them. That old ‘human’ factor

Throwing Parts At It

thing again as dispatchers can adjust a driver’s hours from the

terminal if they want to and drivers can go off duty and keep

driving though they take a chance in being caught.

The latest type of technological device touted is the anti roll-

over system to alert the driver if the trailer is about to tip

over. This system is attached to the back of the truck and re-

cords deviation of the trailer from level. If the trailer deviates

past a certain point, an alarm goes off, supposedly to ‘wake’ up

the driver to the problem.

Health enters in with sleep apnea at the forefront. The dollar

signs are in everyone’s eyes as even carriers jump on the band-

wagon and open sleep clinics in their terminals and offer ‘lease

purchase’ of cpap machines to drivers. If a driver is overweight,

Katey bar the door, because he/she is going to be sleep tested

without recourse if they want to continue to drive. The poor

overweight driver is out several thousand dollars when it is over

and the medical device manufacturers and the sleep study clinics

keep the weight off running to the bank.

As far as the real causes of fatigue in truck drivers, no one wants

to find the real problems involved. Long delays at shippers and

receivers, inadequate parking, anti-idling laws, being pushed

beyond one’s limits by dispatchers and brokers who cannot/will

not reschedule appointments to fit the driver’s schedule, maxi-

mize your hours attitudes by companies, lack of adequate home-

time and a hundred other factors actually affect whether a driver

gets fatigued or not. Both and the government companies can

easily solve most of these issues yet the issues are ignored or

downplayed.

The real causes of most accidents are simple, going too fast for

conditions and lack of good training for the entry-level drivers;

the first could be solved by the last. Is the FMCSA really look-

ing at training regulations being strengthened? No, they are not,

citing that there is no data showing that entry-level drivers are

less safe than experienced ones.

Wait though, could it be that there is not enough money to be

made by making trucking schools and/or carriers properly train

their newest drivers? No benefit to manufacturers and inven-

tors, just more time from the carrier to ensure that their drivers

can do the job properly and safely is the obvious reason, costing

them a little more money on the training end.

So, OK, let’s just throw some more parts at the problem, it

won’t fix the problem at all, but it sure looks good on the bottom

line.

http://sandylongsfaire.weebly.com/sandys-books.html

Severity weights, out-of-service protocol

for new hours rules

Taken from a story written by Todd Dills in Overdrive Magazine|July 22, 2013

Violation of the 60/70-hour rule due to a nonqualifying restart under the new hours of service will result in the driver being placed out of service.

Drivers who’ve violated the new require-ment to have at least 30 minutes off-duty before driving eight consecutive hours —

otherwise known as the mandatory 30-minute break — will incur with the violation a severity weight of 7 in the CSA system, Furthermore, the source noted, the new weighting/violation will be placed in the CSA Safety Measurement System with the early-August snapshot.

Such a violation will not be an out-of-service violation, however, according to a CVSA memo sent out to member law-enforcement and other organizations June 27. Upshot: It’s likely to vary considerably from state to state:

While it might not technically be an out-of-service viola-tion, a driver who is out of compliance with this provision in Maine will not be allowed to drive until they have taken the requisite off-duty break. To make things even more con-voluted, it appears each state can make their own determi-nation as to whether they will allow a driver to continue, or make them wait until they have taken at least 30 minutes off. Either way, this scenario will not result in an official out-of-service order affecting the carrier’s safety records.

If it’s registering in your or your carrier’s CSA SMS profile with extra points for an out-of-service violation, pursue removal of the OOS points via the DataQs system. However, Maine noted in its memo, “due to the potentially

JOIN US AT JUSTICE FOR TRUCKERS

www.causes.com/justicefortruckers

Page 5 Volume 1 Number 12

PA Operation SAFE takes trucks and drivers off the road Apr. 19, 2013 by Deborah Whistler

The Pennsylvania State Police placed 106 trucks and 71 drivers out of service during a one-day enforcement effort called Opera-tion Seatbelt and Fatigue Enforcement (SAFE) held on April 9.

“During the operation, state police motor carrier enforcement personnel focused their attention on seat belt use by truckers and an examination of commercial driver's licenses, vehicle inspection reports, hours of service logs and other required documentation,” State Police Commissioner Frank Noonan said.

In addition, 1,520 commercial vehicles were inspected across the state, resulting in the issuance of 703 traffic citations and 1,072 written warnings. About 47% of the trucks inspected resulted in the discovery of at least one violation of the federal motor carrier safety regulations.

One hundred citations were issued for commercial drivers not wearing their seat belts.

What I consider to be Police States, a state that operates its police

force for profit and not to protect and serve! PA, TN, IN, IL, VA,

MN, SC, TX, CA, AZ, any more? ~ Rickey Gooch

inconsistent message that results from this memo, it is likely that CVSA’s position on rest break violations may change as the organi-zation is due to revisit the issue at its upcoming Annual Conference in September.”

Violations of the 60/70-hour rule due to a nonqualifying restart, however, will be treated as out-of-service violations, the same CVSA memo noted, both Maine and Arizona associations concurring.

Forwarded to me by Robert Schumate

Drive Safe,

Rickey Gooch

Justice for Trucker

Page 6 My T ruck News`

By Candy Thomson, The Baltimore Sun 8:27 p.m. EDT, July 17, 2013

On his way to an event at M&T Bank Stadium Wednesday to help launch an anti-aggressive-driving campaign, Luis Jaramillo was cut off three times. "You have those 'Oh, boy,' moments and your life can flash in front of your eyes," said Jaramillo, a driver supervisor for UPS in Laurel. "As big and as brown as we are, to a lot of drivers we're invisible." State and federal transportation and law enforcement officials have begun a summer initiative as part of the Smooth Operator program aimed at motorists who tailgate, speed and cut off big commercial vehicles. More than 50 law enforcement agencies across the state will be part of the campaign, which also will include billboards and social media. In the past five years on Maryland roads, 299 people died and 12,951 people were injured in crashes involving a large commercial truck or cross-country bus, said State Police Capt. Norman "Bill" Dofflemyer, who commands the commercial vehicle enforcement division. Spurred by their desire to get ahead of slower-moving trucks, motorists abandon safe practices they have been taught. The prob-lem is exacerbated when road rage becomes part of the mix, he said.

Maryland launches safety effort to curb car-on-truck aggression Motorists responsible for 80 percent of wrecks involving trucks, state says

"The idea of teaching the other guy a lesson is not worth it and is totally unacceptable," Dofflemyer said. Last year, in 80 percent of accidents involving a car and truck, primary fault belonged to the car driver, state statistics show. During that time, police officers issued 400,000 tickets and warnings for aggressive driving. Professional truck drivers say it's what they can't see that often leads to trouble on the highway. Blind spots, which angle out from the truck's side mirrors to the back bumper about three lanes wide, often prevent them from seeing approaching traffic. Another blind spot exists at the back of the truck. "If you can't see a truck's side mirrors, the driver can't see you," said Louis Campion, president of the Maryland Motor Truck Association. Even if the truck driver sees a problem developing, he or she is often powerless to prevent it. A car traveling at 60 mph with perfect brakes can stop within 50 yards — half the length of a football field. An 80,000-pound tractor-trailer with perfect brakes requires 75 yards — one more yard than Joe Flacco's longest toss at an ESPN college football contest. "We have to be better than the drivers around us," said Jaramillo of Eldersburg. "The biggest thing we can do is antici-pate what people will do — because they do it." [email protected]

http://www.baltimoresun.com/features/commuting/bs-md-aggressive-driving-20130716,0,2935491.story#ixzz2ZQJVwGSL

Please submit all requests for transport to [email protected]. Transport application and re-

quirement forms are available at:

http://operationroger.com/

Who They Are... Operation Roger is a 501(c)(3) non-profit organization com-

prised of regional and long-haul truckers who volunteer their

time to transport needy pets as they do their regular jobs of

delivering freight across the country. They take each pet in the cab of their trucks and give us all the TLC which so many of us need desperately. Because we get all the individual love and care we need, these truckers only take one or two of us at a time. We get to lay our chins on their lap as they drive and get talked to and petted. We even get to sit in the passenger seat and watch the scen-ery. We protect the truck when the trucker is out of it. Often, we even get to sleep with them. We've been abused and abandoned, lost, or left behind when our humans had to move and couldn't take us with them, or many other reasons for us to find ourselves in need of human help. Then res-cuers come to the shelters, bail us out, and find us new homes. Sometimes we are adopted to loving homes in a state far away from where we are. Sometimes it is a rescue who has room for us. Often our humans, who had to leave us behind when they moved and left us in good hands with someone they knew, are now able to care for us in their new place. Oh, how we long for that reunion. What they do not transport are animals used in the show circuit or from/to for-profit breeders unless they have been retired and are altered. There are many, many pets in kill shelters now who are pure bred. I was myself. It is also a fact every day and night, tractor/trailers are rolling up and down the nations highways, heading to far away places haul-ing the food, clothing, dog food, etc. you all depend on. Operation Roger serves us pets as the trucks serve the economy while help-ing everyone interested in helping us pets save valuable resources at the same time. It is a win-win situation.


The ultimate goal of the Missing Driver Alert

Network is to locate and return drivers reported

missing to their family, without loss. While we

realize that this may not always be the case, we

will do our utmost best to get the word out to eve-

ryone in the trucking community with that goal

in mind. We will work with the law enforcement

community and truckstops around the country in

coordinating any search to achieve this goal."

Find them on Facebook or on Twitter: @MissingTrucker

To report a missing Driver

please call

720.202.5606 Please leave a message, some-

one will return your call .


July 2013, TruckingInfo.com - WebXclusive

By Tom Bray, J.J. Keller

Since the new hours-of-service rules went into effect July 1, there have been many questions asked of experts both inside and outside of the Federal Motor Carrier Safety Administration related to the new rules. In this article we will look at some of the more fre-quently asked questions we here at J.J. Keller & Associates have been receiving.

30-minute break

Question: Does

the break need to

be taken right at

8 hours?

Answer: No. the break can be taken at any time before the end of the 8th hour of duty. The regulation only requires that the driver stop driving and take the 30-minute break if it has been 8 hours since the driver’s last break of 30 min-utes or more.

Question: If I am

unloading or fueling when I reach the point where it has been

8 hours since my last break of 30 minutes or more, do I have to

stop what I’m doing and take the break?

Answer: No. The only thing a driver cannot do once the 8 hours is reached is drive. The driver would be able to finish unloading or fueling, but would then have to take a 30-minute break before driving again.

Question: The company I am leased to does not have an “off-

duty policy.” Do I need to log the break as “on-duty” rather

than “off duty”?

Answer: Unless you are transporting certain explosives or radio-active materials, you must log the break as off-duty or sleeper-berth time. To be able to log off duty, you must be relieved of all duty and responsibility, and at liberty to pursue activities of your own choosing. Whether your company has a policy allowing this or not is moot, since the regulations require it.

Question: We haul flammable liquids and corrosives. Am I

supposed to be logging the break on duty due to the attendance

requirements?

Answer: The attendance requirements for hazardous materials

Owner Operators

Answers to Your Questions About the New Hours of Service Rules

other than 1.1, 1.2, and 1.3 explosives only apply if the vehi-cle is parked on the roadway or the right-of-way. As long as the vehicle is off of the roadway and right-of-way, the driver can log off duty. Therefore, a driver hauling non-explosive hazardous materials must park in a safe and secure location off the roadway, and then take the 30 minutes off duty.

Question: What drivers are allowed to disregard the 30-

minute break re-

quirement?

Answer: Presently, there are three excep-tions to the 30-minute break requirement, and only one allows the driver to com-pletely disregard the requirement. These are:

Drivers transporting 1.1, 1.2, and 1.3 ex-plosives: When a driver is transporting 1.1, 1.2, or 1.3 explo-sives, the driver must still stop and take the break, but the break must be logged on duty due to the driver having to stay in at-tendance of the vehi-

cle.

Drivers transporting route controlled Department of En-ergy (DOE) highly radioactive materials: When a driver is transporting these highly radioactive materials, the driver must still stop and take the break, but the break must be logged on duty due to the driver having to stay in atten-dance of the vehicle.

Drivers transporting livestock: When loaded with live animals (including poultry, fish, and even lobsters) a driver does not have to stop and take the 30-minute break. This exception only applies in July, August, and Septem-ber 2013 due to the predicted heat.

Question: What special note do I need to put on my log to

show when the break took place?

Answer: The FMCSA has stated that there are no “special documentation requirements” when it comes to the 30-minute break. This is because there is no special entry required in the hours-of-service regulations at §395.3, which is the regulation that changed. There were also no changes to the regulations stating what must be on the driver’s log (the regulations at §395.8). The 30-minute period on either line 1 (off duty) or line 2 (sleeper berth) of the driver’s grid graph, with city and


state shown in the remarks, is all that is required.

34-hour restart

Question: The rule says a driver can only have one restart

in every 7-day (168-hour) period. When does the 7-

day/168-hour clock “start”?

Answer: The rule requires that a driver not start his/her next restart break until 168 hours have passed since the start of the driver’s last restart break. Therefore, if a driver started his/her last restart at 8:00 p.m. on Friday night, the earliest the driver could start his/her next restart break would be 8:00 p.m. the following Friday.

Question: Does this new rule mean that a driver cannot be

given 34 hours or more off more than once per week?

Answer: No. Drivers can have off all the time they and their companies agree to. The only issue is that a driver who gets two (or more) breaks in a 7-day period that qualify as restarts must indicate which one (if any) is to be considered the re-start.

Question: Since the restart can only be taken once per

week (every 168 hours), what happens if I run out of hours

5 days after my last restart?

Answer: You can start driving again as soon as you have hours available under the 60 or 70 hours limit (based on the your recap) or you get a 34-hour restart that started more than 168 hours after the start of your last restart and includes two 1 a.m. to 5 a.m. periods.

Question: Is a restart still going to be required when I run

out of hours?

Answer: While a common practice, a driver taking a restart after running out of hours has never been required. If a driver runs out of hours today, but does his/her recap and determines that he/she will have hours available tomorrow, the driver can go ahead and use the available hours the next day (the driver does not have to wait for a restart).

Question: Is a driver required to stop and take a restart

every 168 hours?

Answer: There is no requirement that the driver take a restart at any time. If the driver has hours available under his/her recap, the driver can continue to drive.

Question: Does the restart have to be taken at the driver’s

home or home terminal to be considered a valid restart?

Answer: No, it does not. There has been some confusion on this as the rules require that the restart be taken in the driver’s “home terminal time.” What this means is the restart period, including the two 1 a.m. to 5 a.m. periods, must be based on the driver’s “log time,” not the local time. So, if a driver who is based in Philadelphia (Eastern time zone) is in San Fran-cisco (Pacific time zone) doing a restart, the driver’s two 1 a.m. to 5 a.m. periods must be based on Eastern time (the driver’s “log time”).

This is a sampling of common questions we have been receiving. If you have questions, be careful about whom you ask. You want to be sure to get the facts, even if you might not agree with them, not someone’s opinion. In other words, be sure to contact an ex-pert that will give you an accurate answer, even if it is unpopular!

Thomas Bray is an editor in the Transportation Publishing De-

partment of the Editorial Resource Unit at J.J. Keller & Associ-

ates, Inc., specializing in motor carrier safety and operations man-

agement.

On The Road

Are You Prepared for Life’s Events? By Trish Neal, Editor

The need for keeping in touch with family and/or friends has become very apparent with the recent missing truckers who were being searched for finally being found deceased in their truck. MissingTruckDriver.com issued alerts so that drivers were on the look out for the missing drivers. (See page 7 for more informa-tion on this organization.) The tragic outcome breaks your heart.

A simple “check call” or text to home base should be a standard with drivers. Whether you have family at home or a friend who is willing to act as your “go to” person, keeping in touch can speed up locating you if you do happen to not show up to your destina-tion.

Do you have a Health Directive or Living Will and the Durable Power of Attorney that goes with that. (Check your state on what is used there. Some states do things differently.) Do you carry a copy of it with you in the truck with your important papers? If you have a medical emergency on the road and are found uncon-scious, at least those documents are there with information on what you want as far as medical care and who the contact person is. That will help expedite your care.

Do you have ICE programmed into your cell phone? In Case of Emergency (ICE) should be in your cell phone and you should make sure that it is up to date. That’s another place responders will look for information. Have you checked your emergency contact information with your employer lately?

And while we never want to think about it, do you have a Will? This can save your family a lot of headache if you have this in place. Let’s face it. Life happens; even on the road. If you don’t have a Will, the state where you reside will be happy to help you out. You may not like what they do with your estate. I was told about a driver who died three states away from his home state. His family lives on the East Coast. The house that he owned if falling into disrepair because the estate is a mess. No Realtor will touch it because there’s no way to get a clear title at this point. This has been dragging on for almost 2 years.

And finally, have you asked your employer how they would handle getting you and your personal effects home should you pass away while on the road? You might want to have this dis-cussion so that your family is prepared for Plan B in case your employer doesn’t cover this. If you are an Owner/Operator you definitely want something in place to cover this.

Questions? Give me a call/text or send me an email. 541-404-0724 or [email protected]

Investigation Needed! By Allan Nightrunner

Please ask congress to have the FMCSA and or the NHTSA to start an investigation

into the problem and design of the Air Foot Control Valve or called the Treadle

Valve. The Treadle Valve has been known to malfunction in semi trucks, buses and

RV’s. This will and can cause an accident without warning, leaving many victims in

its path. The Treadle Valve and Plunger can cause:

1. The Treadle Valve or plunger to stop or stick in the up position, if this happens the driver has no breaks to stop.

2. The Treadle Valve or plunger to stop or stick in the center position which can happen without the drivers knowledge. This could happen without applying the brake lights. In which this could cause break drag which can cause the breaks to get hot and or catch on fire. This has been known to catch vehicles on fire.

3. The Treadle Valve or plunger can stop or stick in the down position. This can or will cause the vehicle to go into a skid or jackknife which could cause the driver to lose con-trol that could then cause an accident.

The Treadle Valve or plunger has had bulletins and recalls since the 1970’s leading up to 2012. The recalls are in different makes and models of Buses, Semi’s, and RV’S. Ac-cording to the NHTSA there were nearly 3,500 fatalities resulting from accidents that involved a large truck in the United Sates in 2009. That does not include Buses or RV’S.

The Treadle Valve problem is happening more today than in the past years.

WHAT IS A PERSON’S LIFE WORTH?

Please Sign the Petition at this site and Share with others: We have started a new pe-tition based on the one that Allan Nightrunner created before but it stopped work-ing. Please go to the petition and sign it and please share it with others. Thank you!

https://www.change.org/petitions/congress-have-fmcsa-and-nhtsa-investigate-design-of-air-foot-control-valve#

Documentation on this can be found at www.MyTruckNews.com. Please check it out and then check out your brakes!


http://www.tripcheck.com

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Our goal is to help Commercial Drivers and their Carriers keep abreast of everything that is coming at them so they might protect themselves from laws that seem to change every day. 1. Truckers for Highway Safety. 2. Controlling traffic violation point is-sues. 3. Filing DataQ Claims. 4. Truckers with incorrect info on DAC report. 5. Problems with the DOT over sleep apnea. Justice for Truckers on Facebook Assisting Truckers

Driving Healthy

MORE TIPS ON HEALTHY EATING ON

THE ROAD AT: http://www.drivinghealthy.org/

• Know your body by monitoring your heart rate. Place index + middle finger over wrist on thumb side. Count for 15 seconds. Multiply by 4

• Watch how many and how often you take painkillers as they could lead to heart attacks or strokes. Contact a doctor if pain persists.

• Choose the better breakfast food! Egg McMuffins add more protein & less carbs than bagels with cream cheese.

• Choose the better breakfast food! Sausage (especially turkey sausage) is a leaner, high protein alternative to bacon with less fat content.

• Fitness Trivia: Which exercise burns more calories per rep? Squat, crunch, or push-up? Answer: squat. Try a set at your next rest stop.

• Grab a whole egg for breakfast. Eating whole eggs ver-sus just the whites will give you increased HDL, protein, and Vitamin B12.

• Feeling sluggish after a large meal? Try eating eating several smaller meals instead.

• Exercises like bench press reduce eye related health problems by alleviating stress. On the road use impro-vised weights like H2O bottles.

• Choose the better breakfast food! The protein in milk keeps you full. Plus, milk won't corrode your teeth with acid like sodas.

• Have a soda addiction that you need to kick? Here are 5 tips for dropping your soda habit: http://ow.ly/mB0t5

• Trying to lower your portion size per meal and keep metabolism high? Add a spicy kick like red pepper flakes to your meal.

Dr. Lustig “Sugar, the Bitter Truth” Gain weight,

drink one a day for a year. * For the complete

story watch: www.tinyurl.com/3d9rps9

My T ruck News` Page 12

Contact James Lamb Telephone (954) 253-5049 Fax (954) 900-4397 Email [email protected] Website www.AIPBA.org AIPBA FILES FEDERAL LAWSUIT TO CHALLENGE $75,000 BOND LAW AIPBA Seeks Injunction to Stop Oct 1st Implementation by FMCSA Fort Lauderdale, Florida: July 16, 2013– The Association of Independent Property Brokers & Agents (“AIPBA”) an-nounced today that it has filed a Federal lawsuit against the $75,000 bond provision of the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141) commonly referred to as “MAP-21”. In announcing the lawsuit, AIPBA President James Lamb said: “Today we made good on our promise to AIPBA members and supporters to follow through and legally challenge the anti-competitive $75,000 broker bond. Simply stated, we believe this is a matter of collusion by other trade groups who effected this law under the guise of “fighting fraud,” who pulled a sham on the United States Government. We contend the new bond is not related to any legitimate govern-mental purpose, is at odds with the National Transportation Policy in 49 U.S.C. § 13101, and the new law violates AIPBA’s substantive due process rights under the Fifth Amendment. Furthermore, the FMCSA has violated the Ad-ministrative Procedure Act by not engaging in bona fide rulemaking to set the new bond amount. We are seeking jus-tice through the Federal court system for the various small business players in the trucking industry that would other-wise be adversely affected by the impact of the arbitrary new bond. We are confident the U.S. District Court will deter-mine this section of MAP-21 is, in fact, unconstitutional… and will issue an injunction shortly, preventing the October 1st implementation by FMCSA.” According to the Federal complaint ( http://

AIPBA FILES FEDERAL LAWSUIT TO CHALLENGE

THE MAP-21 BROKER BOND LAW FOR IMMEDIATE RELEASE July 16, 2013

aipba.vpweb.com/upload/MAP-21Complaint.pdf ): “The government purpose for interstate regulation of brokers includes protection of fair competition for the motor carriers served by brokers, allowing for a variety of price options, and encouraging minority participation in the motor carrier system, but the new $75,000.00 bond amount in amended 49 U.S.C. §13906 will signifi-cantly limit or eliminate these policies. Therefore, the new $75,000.00 bond amount in amended 49 U.S.C. §13906 is not ra-tionally related to a legitimate government purpose. Therefore, be-cause the $75,000.00 bond amount is arbitrary and not rationally related to a legitimate government purpose in light of the stated national transportation policy guiding interstate transportation regu-lation in 49 U.S.C. § 13101, and because amended 49 U.S.C. §13906 will eliminate a property right held by the AIPBA member-ship suddenly on October 1, 2013, and without fair warning, amended 49 U.S.C. §13906 is in and of itself an unconstitutional violation of AIPBA’s substantive due process rights under the Fifth Amendment and the APA.” The AIPBA is represented in this matter by Derek Schroth, Esq., of BOWEN RADSON SCHROTH, P.A., out of Eustis, Florida. The 1,800-member Association of Independent Property Brokers & Agents ("AIPBA”) is an independent, not-for-profit trade group, a “business league” under IRC 501(C)(6). Its mission is to promote the common business interests and improve the business conditions for small and mid-sized independent property brokers. # # # If you would like more information about the lawsuit, please con-tact James Lamb at (954) 253-5049 or email: [email protected]. CALL TO ACTION Call your Members in Congress TODAY and ask them if they heard that the AIPBA has filed a Federal lawsuit to challenge the unConstitutional bond provisions of MAP-21. Ask them to support our repeal bill ( http://www.smalllinks.com/17MX ) Look up your Rep here: http://www.theorator.com/government/house.html Look up your Senator here: http://www.theorator.com/senate.html CALL NOW! Together, we can beat this thing.


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Heads up! The Colorado State Patrol and local law enforcement agen-cies begin heightened nighttime seat belt enforcement in the following counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo and Weld. In 2012, there 83 drivers and passengers killed in crashes between the hours of 6 p.m. and 5:59 a.m. who were'n't wearing their seat belts compared to 76 people in the daytime, which is why we focus on nighttime seat belt en-forcement. Remember: Click It or Ticket!

https://www.facebook.com/ColoradoStatePatrol

http://www.tripcheck.com/mobile

CMV drivers, check out the HOS logbook examples for the new rule that took effect in

July. http://1.usa.gov/XSVVJS

New HOS Rules

Took Effect July 1, 2013

We are a group who have decided to devote our lives to helping truckers and all that go with them who have fallen on hard times. This could include the mechanics, waitresses, dock workers and so on. We all make this world move.

The mission of Trucker Charity, is to assist those in the trucking industry in need. We will do this financially, and with education. Our life coach and mentoring programs will work with those that need help one on one. We will raise money to help support people in the trucking industry who are in need and luck has passed them by. Including mechanics, truckers and their families and all jobs related to the trucking industry. We will be good stewards of peoples money and help our industry prosper with support and educa-tion.

Application for assistance

If you are in emergency need. Please fill out the Application For Assistance and call. We require this for all assistance. If you are unable to fill one out please call and we will try to assist you in filling one out over the phone. 888-523-0087

Please note we do not assist in medical needs or effects caused by medical problems other then transportation home when avail-able. We are also not able to help in legal fees or mechanical issues ie truck repairs at this time.

The ONLY assistance we can offer at this time is emergency food, lodging, transportation home and life coaching, this is not by choice but necessity in these hard times. We can how ever offer you help in reaching the resources needed in your local areas.

Our Life Coaches will work with you if your interested in life coaching. We will work with you as a road friend, not a counselor.

We are seeking volunteers for fund drives, recruitment drives, manning kiosks and filling out applications on line. We need active volunteers bad. Very bad. We have some great things planned and need great folks that can give us their time to help. If you are in-

terested in assisting a good cause. Please fill out the Volunteers form here.

If you would like to make a tax deductible donation please go to the donations page. We are in desperate need right now for your donations and your time.

http://www.truckercharity.org/

Mark your calendars for the Big D. The Great American

Trucking Show is only a month away. The show the trucking industry calls GATS will be held at the Dallas Convention Center Aug. 22-24. It will be GATS’ 15th annual truck show. Show times are from noon to 5 p.m. on Thursday, Aug. 22; 10 a.m.-5 p.m. on Friday, Aug. 23 and 10 a.m.-5 p.m. on Saturday, Aug. 24. If you plan to be Dallas-bound in your truck, GATS offers attendees free onsite truck parking right across from the con-vention center. If you need to know how to get there, call the automated direction line at 214-939-2700. OOIDA will be camped out at booth No. 16080 in the con-vention center. Come by and visit with the OOIDA crew and say hi to “Land Line Now” satellite radio host Mark Reddig. Join OOIDA or renew your membership for $25. That’s a $20 discount off regular $45 dues. http://www.gatsonline.com/

Documents

Newsletter july 2013