Trucking 101 and the Legal System
Life is unfair and it’s tough, when things go south shit runs downhill.?That’s the way it is and always has been.?The Constitution guarantees us “Life, liberty and the PURSUIT of happiness.”?The Constitution doesn’t guarantee happiness.
In April 2019 Rogel Aguilera-Mederos a truck driver with a CDL operating a truck for a Texas based carrier crashed into 28 cars on eastbound I-70 in Denver during rush hour sending six to the hospital and killing four.?In December 2021 Rogel was convicted of?four counts of vehicular homicide, six counts of first-degree assault, 10 counts of attempted first-degree assault, four counts of careless driving causing death, two counts of vehicular assault and one count of reckless driving.
As an investigator for the FMCSA from 1999 to 2010 I was taught to follow the money and often reminded the carrier/driver earned the penalty they were assigned.?There is so much to this story that people are overlooking it’s scary.?The truck Rogel was operating was destroyed by the fire caused by the crash, so NO ONE knows the condition of the brakes.?Sorry folks, this wasn’t an accident it was a CRASH.?The terror of those in the crash was horrific.?Chances are there are medical issues many of the victims incurred that turned up after the adrenalin and shock wore off, then the aches and pains started to appear.
What financial incentives drove the driver to drive over-the-road??When people put their pursuit of happiness ahead of others and kill people the offender is guilty of manslaughter and multiple other violations.?Did the driver deserve 110 years??Probably not; however, sentences are driven by state laws.?In 2016 a truck driver got 20 years in Florida for hitting a school bus.?
Drivers have to understand, they’re PROFESSIONAL drivers and as such held to a higher standard than drivers who drive cars or light trucks.
The fact is the trucking industry is broken.?Since Jimmy Carter signed the Motor Carrier Act of 1980 that abolished the ICC in 1995 freight rates have tumbled.?Before the ICC was abolished trucking was a closed network that practically caused a truck driver to wait for someone to die to get a truck driving job.?The ICC required many for hire trucking companies that required a MC number to file tariffs and new carriers had to prove they fulfilled a niche that was unique to haul freight in a particular corridor.?The ICC’s tariffs were so strict a carrier on east bound US 66 in Albuquerque may not be allowed to deliver to the west bound side of US 66 in Albuquerque.?Carriers that hauled freight beyond the ICC’s scope could acquire a DOT number without jumping through hoops and filing their tariffs with the ICC.?The FMCSA still uses the old ICC publication called “Can They Do That” that listed commodities, i.e. livestock, and rules as to whether or not the commodity was regulated.?The FMCSA calls the list “Administrative Ruling 119.”?Administrative Ruling 119 informs trucking companies whether or not they’re required to have a MC number. ??Ever see White Line Fever??White Line Fever is an example of a non ICC regulated carrier.
?When the ICC was abolished carriers worth millions because of their guaranteed freight lanes lost their value as the freight lanes were no longer guaranteed. ??Freight rates tumbled as carriers no longer had dedicated freight lanes with published tariffs.?Thousands of carriers applied for a MC number and without the oversight of the ICC allowing carriers to challenge an application the carriers were granted MC numbers.?Greatly expanding for-hire carrier operations that required a MC number.?The expansion has led to a cut-throat competition situation where carriers often undercut other carriers to acquire freight.?In today’s trucking industry many trucking companies’ operating ratios are over 90%, meaning that more than 90% of the earnings goes towards operational costs.??Add that many trucking companies don’t have cash to operate daily and you have “Factoring” companies that offer quick pay on bills-of-lading (BOL) who keep a percentage of the carrier’s earning to lend money for accounts payable.?The bad thing about factoring companies, if the accounts payable doesn’t pay the carrier has to pay back the factoring company the full amount plus penalties and fees.??To help offset the cost of truck operations some carriers are also freight brokers and some carriers run truck leasing operations to shift the operational costs of a truck to most times to an unwitting participant with little or no business sense.?By brokering freight and leasing trucks to drivers carriers pass off operational costs to someone else.?The cost of brokering freight is nominal compared to operating a truck.
Forgive the dissertation; however, I believe it’s important for drivers to understand the basics of trucking and why it’s important for drivers to make sound decisions.
Drviers’ activities have an electronic trail, i.e. tolls, fuel, security cameras, ports of entry a.k.a. scale houses, etc. So it’s not that difficult to reconstruct a trip.?The ELD requirements of 49 CFR Appendix A to Subpart B of Part §395 outlines the design parameters of an ELD and what the manufacturers are supposed to have the ELD and its support systems perform.?The ELD requires every entry to not be written over and requires someone to annotate why the correction was made.?When a designated representative of a carrier modifies an ELD entry the edit must show who modified the entry and the DRIVER must recertify the entry as “True and Correct.”
Drivers have to understand, while you may gain some HOS changing your ELD entries.?Your entry may be false and as such you’re placing yourself in Harm’s Way.?Some judges are using the space-time-continuum, i.e. if the driver had stopped when they were out of hours they wouldn’t have been part of the crash.?So regardless of who was at fault.. The truck driver’s at fault; whereas, had they stopped when they were out of hours they wouldn’t have had the accident. ?
49 CFR Parts §392.7 and §396.11/§396.13 have requirements for drivers to perform inspections on their equipment.??The SMS Methodology identifies violations drivers are responsible for and that can appear on a drviers’ PSP.?FYI, PSP is a driver’s record of all roadside inspection violations.?Drivers can pull their PSP anytime and file DataQs for violations they feel to be incorrect.?I have always considered the inspection in Part §392.7 as a walk around each time the truck stopped.?The list for Parts §392.7 and §396.11 are different so therefore, they’re not the same.?Part §396.11 tells a driver what they have to look at.?Part §396.13 tells a driver they have to feel the truck is safe before they drive.
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I drove from 1992-1996 as automatic slack adjusters were just being introduced.?I regularly adjusted my brakes as I ran mostly the 14 western states out of Colorado.?I can remember asking mechanics how to adjust an automatic slack adjuster.?Yes ignorance is bliss.?The National Transportation Safety Board (NTSB) and Bendix have bulletins telling folks not to adjust automatic slack adjusters.?Replace automatic slack adjusters out of adjustment, they’re broken.
Drivers take some time and learn more about your equipment.?You should have passed the CDL Skills Test to perform a pre-trip inspection. ?Practice the pre-trip and know your vehicle is safe.?The life you save could be your own.?
Drivers keep in mind, your efforts contribute to everyone in a carrier’s employ, i.e. secretaries, mechanics, dispatchers, etc., bottom line; whereas, your efforts deliver the goods so the freight charges can be collected.?So the advice and demands by those in the office are in their own interest.. Not YOURS. ?You are the captain of your vessel, YOU have the ultimate decision of when it’s safe to proceed.?If you’re terminated for refusing to drive when it’s a violation of the Federal Motor Carrier Safety Regulations (FMCSR) or the Hazardous Materials Regulations (HMR) the carrier violated OHSA’s regulations and people like the Trucker’s Justice Center in Minnesota are there to help you get justice.??There’s scores of articles on drivers that were incarcerated or lost their CDL for life for issues associated with trucking. ?
?I understand that driver pay is an issue as drivers mostly earn money for miles, not auxiliary functions, i.e. fueling, loading/unloading, paperwork, break downs, etc. ?Add the issue of drivers being robbed about 6% of their mileage pay for “Practical Miles” not “Driven Miles” and the driver pay issue is more dismal.?I remember the days of the Household Mover’s Guide miles robbing me of 10% to 12% of my pay.?Basically I drove for 12 months and was paid for 11 months.?But the fact remains many drivers makes good money, i.e. $65,000 a year.?But drivers work about 98 hours in eight days with about 120,000 miles a year so the earnings can seem dismal.?I believe carriers should pay for fueling time, loading/unloading time and breakdowns.?Carriers should structure their operations to get drivers home once week for their 34 hour reset.?Yes, many drivers have no family life so the reset location is moot; however, rest time should have locations where drivers can RELAX and be away from the damn truck.?But the fact remains the driver has to be constantly diligent and operate their vehicles safely to avoid possible legal issues.
?Be strong, be wise and look out for yourselves.?Because no one else is.
Peace! ?
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2 年Happy holidays, Michael. That was a nice summary. Starting and running a business with employees means living on no income for several years. That can put any new trucking company in a bit of a pinch. The most successful new trucking companies I see start as offshoots of an already established business, with adequate cash flow for contingencies. The failure rate for new trucking companies is north of 80 percent. All the best in 2022!