“That this nation, under God, shall have a new birth of freedom and that government of the people, by the people, for the people, shall not perish from the earth”.
President Abraham Lincoln
Many Commercial Drivers think that the government needs to get out of Our Business?
Seems to me that WE Have Been Granted Permission to be involved in the Governments Business!
As a registered voter and tax payer I am a part of the government, a very small part.
The government is made up of approximately 350 million citizens of which I am only one.
There are approximately 3.5 million Commercial Drivers.
Commercial Drivers make up 1% of the of the government.
There are about 1.5 million Commercial OTR Drivers making up .004% of the government.
There are 550,000 carriers that make up about .0016% of the government.
OOIDA has 150,000 members representing .0004% of the government.
Approximately 30,000 carriers are members of the ATA representing .00008% of the government.
“We The People”, outnumber Commercial Drivers 100 to 1.
The government decides HOW carriers, who operate at the will of “We The People”, are to be regulated and as to HOW they, the carriers, will utilize “We The Peoples” roadways for the Security and Safety of “We The People”.
We Drivers went to the States, of which we are citizens, and asked for the privilege of driving on “We The Peoples” roadways.
Our Drivers Licenses were issued to Us and may be revoked per the will of the State.
We then sought and were granted employment with a motor carrier.
The motor carrier has the Freedom to hire and fire us.
We have the Freedom to seek employment or quit our employment.
While “In Service” to the employer we have forfeited many of our Freedoms in exchange for the opportunity of gainful employment.
Neither the motor carrier or the Driver have the Freedom to ignore regulations that are in place to protect both the employer and the employee.
Liberties are available to the employee throughout the employment relationship.
Carriers operate under authority that is granted them by the government, “We The People”.
A carriers authority can be rescinded by the government if the carrier does not fulfill their obligations to the government.
The carrier operates at the will of “We The People”.
Each and every Driver operates at the discretion of the carrier as an employee or per contract.
Each and every Driver is obligated to the carrier to operate in compliance of the law as the carrier is obligated to the government, per their authority, to insure that each and every Driver operate in compliance of the law.
Each and every employee of the carrier is obligated to the carrier, who is obligated to the government, to insure that the Driver operates in compliance of the law.
Part §392.1 and Part §392.2 place the burden of operating in full compliance of the regulations on the carrier and it’s employees.
We Commercial Drivers operate at the pleasure of the carrier who operates per the will of “We The People”.
The government, “We The People”, own the roadways that we Commercial Drivers utilize while operating in Intrastate or Interstate Commerce.
Operating on the public roadways is a privilege granted the carrier by obtaining their Operating Authority.
“We The People” are the regulators.
“We The People” decide what regulations are to be in place for Private and Commercial Drivers to abide by while operating on the Public Roadways.
The regulators, “We The People”, are entitled to use the roadways OUR tax dollars have built for OUR personal and business use provided WE citizen drivers have been granted the privilege to do so per the issuance of a Drivers License per the State that WE Are Citizens Of.
Operating a CMV is a privilege granted the Commercial Driver as the Commercial Driver obtained their CDL from the State. We CDL Holders have been Granted Permission to earn our living utilizing the Public Roadways.
The primary purpose of the regulations is to ensure the Security of the goods being transported as money invested, jobs and the well being of all communities rely on the Fair Trade of Goods produced for the economic welfare of “We The People”.
The regulations are also in place to provide Safe operating standards for the Safety of the motoring public.
Thats You and Thats Me as well as our families and friends as well as “We The People” whom we share the roadways with.
When a Commercial Driver is under the charge and care of the carrier, the employer, the carrier has been granted control over and ownership of the Drivers TIME as the Driver has agreed to the Terms of Employment with the carrier.
If our Jobs do not pay Us enough to operate within the regulations that “We The People” have imposed on us, regulations that the carrier is obligated to abide by, “We The People” have a problem.
The Security and Safety expected of Us has been placed into jeopardy as any man or woman will do what it takes to care for their families!
This means violating Regulations!!!
We Are All Employees of a Carrier!
§ 785.6 Definition of “employ”, partial.
By statutory definition the term “employ” includes “to suffer or permit to work.”
The act, however, contains no definition of “work”.
The FLSA defines the term “employ” to include the words “suffer or permit to work”.
Suffer or permit to work means that if an employer requires or allows employees to work they are employed and the time spent is probably hours worked.
The Commercial Driver is working under the carriers operating authority.
The Federal Motor Carrier Safety Regulations prescribe the job duties and the time frames in which the job duties may be preformed when the Driver is “In Service to the Employer”.
The employer, the carrier, is bound as required and regulated to Title 29, Part 785 of the Code of Federal Regulations, U.S. Department of Labor Wage and Hour Division.
The ATA, TCA, WSTA and other carrier associations who act on behalf of their members for the benefit of their members have acted Criminally in my opinion.
I believe that these associations along with many OUTLAW CARRIERS have knowingly and purposefully instituted their own version of Labor Laws that conveniently coincide with the FMCSR’s.
These Safety Regulations are not Labor Laws that define how employees are to be paid.
If these criminally minded people successfully pass the Denham Language into law, it is my fear that this Federal Labor Law, specific to Drivers operating under Part 395 of the FMCSR’s, will superseded the currently ignored Federal Labor Laws that are in place.
If the Denham Language is passed into legislation, this new labor law will be retroactive back to 1994.
Here are two partial excerpts from Federal Labor Code that should alarm each and every one of you!!!
§ 785.7 Judicial construction, partial.
The United States Supreme Court originally stated that employees subject to the act must be paid for all time spent in “physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.”
§ 785.16 Off duty, partial.
Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived.
(b) Truck drivers; specific examples.
A truck driver who has to wait at or near the job site for goods to be loaded is working during the loading period. If the driver reaches his destination and while awaiting the return trip is required to take care of his employer’s property, he is also working while waiting. In both cases the employee is engaged to wait. Waiting is an integral part of the job.
Here is a novel idea for We Drivers to consider.
How about We stop squabbling over regulations We can’t afford to abide by. By doing so We have permitted Ourselves to be taken advantage of by those with criminal intent.
There are many good carriers who want to pay more but their hands are tied. They can’t raise the rate to cover a higher labor rate if the others don’t.
The ATA and others have proven that it is possible to seek a Federal Labor Law specific to Drivers operating under Part 395.
If they can do this Why Can’t WE???
ELD’s provide an opportunity to change from a milage based system to a Time Based System of paying Employee OTR Drivers for ALL Time that they are “controlled or required by the employer”.
In other words, as long as the Employee OTR Driver is “In Service to the Employer” while being “In Readiness to Preform Work” while being “Engaged to Wait” they are to be paid for their Time.
ELD’s provide all of the needed information and proof that an Employee OTR Driver is preforming the Job Duties as prescribed by the FMCSR’s as required to be followed by the carrier.
ELD’s make it possible for the Driver to have unpaid “Requested Time Off” at their homes or any other place that their travels take them.
ELD’s have the potential to minimize the “Black Market” from making Us All Worth Less.
While I am not crazy about ELD’s, I do see that if used properly and for Our benefit, these tools could have an immense positive effect towards the Safety of the roadways and our workplace, that we share with the public with the Permission Granted by “We The People”.
“We The Drivers” Need Wage Reform so that We Can Afford to Operate In Full Compliance of “We The Peoples” Regulations!
Pat Hockaday (JoJo)