Trucker Fired After Refusing to Break the Law

Truck drivers are required to keep accurate logbooks to prove they are following the law when it comes to Hours of Service (HOS). So, what happens when a company tries to force its employees to work over hours and falsify their logbooks? If the employees are smart, they will refuse to work a schedule that makes them break the law. And, if the employer is a real scumbag, they will fire them for that.

So goes the story of Donald Fannin, who chose to deal with the situation by filing a lawsuit against Meyer Distributing Inc. and its general manager Brian Farley. According to the West Virginia Record, Fannin claimed that company management requested he violate DOT rules on multiple occasions, including working long driving shifts and falsifying DOT logbooks. After Fannin voiced his concerns, he was fired.

Truckers have to bear a lot of the burden when it comes to federal regulations. They are the ones who have to keep accurate logbooks, and they are the ones who get in trouble when they don’t. So, any time an employer tries to take advantage of this situation, it’s important for truckers to know their rights and to realize that they have some recourse for such abuses.

 

Trucker Shortage

For the last few years, we have seen a dramatic trucker shortage. Why? Well, there are many reasons – far too many reasons – but we’ll just go ahead and focus on a few of them right now:

  • First of all, the baby boomers are retiring. The trucker population is made up of aging drivers who are ready to retire and enjoy their golden years.
  • Younger drivers are becoming discouraged. The trucking industry has a reputation for rough, cowboy-spirited outlaws that don’t like to follow the rules and are fiercely independent. As a result, the profession tends to attract less-than-professional drivers who think they can get away  with drinking and smoking, breaking the law, and driving recklessly. At the same time, increased supervision, drug tests, background checks and law enforcement are cracking down on these young rule-breakers and forcing many drivers out of the industry.
  • Increased regulation is causing seasoned drivers as well as new recruits to become disgruntled, even if they are the stand-up, law-abiding type. New laws are placing a greater burden on drivers, and as a result, many truckers are facing fines for things that are out of their control. For example, it’s just about impossible to avoid driving over hours when there is no parking available, or driving over the weight limit when the supplier has no scale available.
  • Working conditions are another part of the equation. Low pay, tough schedules, poorly maintained vehicles, bad bosses and generally difficult working conditions are causing many to leave the profession.
  • Finally, fracking is becoming a major factor. The energy boom has consumed what is left of the trucking industry and increased the effects of the driver shortage.

These are all important issues to think about for the next generation of truckers. If you are about to join a truck driving school, then be sure to discuss these problems with your instructors, future employers and industry leaders. At least with this current lack of truck drivers, you’re sure to be able to find a job, and maybe even negotiate higher pay and better working conditions.

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Trucking Moves America Forward

A new campaign aims to improve the image of America’s truckers. The “$5 Million Facelift” called Trucking Moves America Forward is quickly gaining support, with both the ATA (American Trucking Association) and the OOIDA (Owner Operator Independent Drivers Assocaition) hopping on board. See the full story here:

http://www.thetruckersreport.com/the-5-million-facelift-for-trucking/

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FMCSA Tries to Prevent Driver Harassment

The FMCSA’s recent proposal mandating Electronic On Board Recorders (EOBRs) also includes a list of safeguards to prevent the legislation from being used to harass drivers. The safeguards include an explicit ban on harassment, drivers rights to access their own records, ability to file complaints, stronger penalties to prevent harassment, ability to silence device when off duty, right to edit logs, limited tracking of vehicle location, and personal data privacy.

Many drivers are outraged by the mandated EOBRs due to the potential for carriers to use them unethically, however these safeguards may help prevent harassment.

 

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The FMCSA’s E-Log Mandate

On March 13, the FMCSA released its official proposal to improve safety and reduce the paperwork burden for both truck drivers and fleet managers. Read the full story here:

http://eobr.com/eobr-news/eobr-mandate/e-log-mandate-trucking-industry-takes-another-step-forward/