My truck news august 2013

August 2013

Volume 2 Number 1

1,000,000 Pound Challenge

2

HOS Visor Card

3

The Faces in the Windshield, By Sandy Long 4 Justice for Truckers, by Rickey Gooch

5

July Snapshot Includes 2 New Violations

6

Are You Taking These Medications?

7

Ticketing Cars Reduces Fatalaties by 40%

8

Texas Expands “Move Over” Law

8

Celadon Changes Cruise Control Policy

9

Strikeforce Inspections

9

Nightmare for Drivers, by Allan Nightrunner

10

Driving the road to better health

11

Deaf Truckers United

13

Ryan’s Juice/Little King Transportation, Hood River, Oregon

Page 2

My Truck News`

Truck Driver Challenge

1,000,000 POUND CHALLENGE What do you do when you have an industry where over half of those that work in it are overweight and in about 50% of the case Obese? You can change the laws and maybe even threaten their livelyhood. And hope that works. Or, you can do what one driver has decided to do. CHALLENGE every driver in the trucking industry.

Toby Bogard a Con-way Truckload driver for over ten years now went on a personal journey to get healthy after a visit to his Doctor a couple of years ago gave him food for thought (pun intended). The challenge lose weight and get healthy all while staying on the road as a full time long haul trucker. It wasn't easy but Toby managed to lose almost 40 pounds and get into great shape all while staying active as a driver. Toby's physical transformation has been well documented on his Facebook page.

So this begged the question if one 40 year old long haul trucker can do it why can't more? Which lead to this question how to get an industry that is in denial about it's health and wellness interested in getting healthy.

That's where the 1,000,000 POUND CHALLENGE comes in!

Simply put the 1,000,000 POUND CHALLENGE is a competition where drivers can go to a Facebook fanpage and register.

My Truck News is One Year Old! Thank you for your support and we appreciate your input!

Here’s to another year of reporting what’s happening out there on the road and at home!

Registration is easy and very simple information is required, nothing to personal.

There is also a Facebook group that a driver can become a member of. The 1,000,000 POUND CHALLENGE has two very simple purposes.

1.To motivate and inspire drivers to lose weight and get healthy and; 2.To provide a support group for driver's that want to get healthy but maybe struggling or don't know where to start.

Ultimately the goal is really very simple even if a driver doesn't win the Challenge, if they are inspired or motivated to continue the healthy habits they have learned then they have won something much more important than a tangible object. They have gotten their life's back!

Currently Toby is working with some companies to try and provide prizes for the winner and 1st and 2nd runners up.

His hope is that this challenge will inspire the entire industry (companies and drivers) to take a more active role in health and wellness.

If you have any questions regarding the challenge or would like to help with it feel free to contact Toby via his Facebook page www.facebook.com/tobybogard or email him directly at truckwriter@gmail.com the facebook fan page is www.facebook.com/ the1000000poundchallenge the face book group is 1,000,000 Pound Challenge

Trish Neal, Editor Trucking by Design 541-404-0724 Cell /Text 888-269-8775 Fax Call, Text, or Email!

MyTruckNews@gmail.com

VISOR CARD

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

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My Truck News`

The Faces in the Windshields

By Sandy Long The dehumanizing of truck drivers is really nothing new, but has escalated recently to a higher degree. In the past, it was thought that truck drivers were a dime a dozen, that a monkey could be taught to drive a truck and that truck drivers were little more than ‘meat in the seat’.

Corporate bean counters and scientific researchers, who earn big money thru grants, have used faulty science and misreading of statistics to set models of what an effective truck driver should be, not accepting that truckers are human beings first and foremost. This has led to regulations being considered that make truckers appear as little more than robots in the seat these days. Truckers are much more than pieces of equipment; they are faces in the windshields.

Joe is 69 years old, has driven for 48 years and has over 6 million accident free miles. He retired a few years ago, but his wife died after a long fight with cancer that not only depleted their savings, but also cost Joe his house and property and left him in huge debt for medical costs. Joe had a heart attack himself when 55, has had knee replacement surgery and severe arthritis for years along with type 2 diabetes and a bad back. He had to return to trucking to pay off the medical bills and so he could afford to live and rebuild his savings. Joe has four conditions that if the new health regulations for drivers are passed will put him out of the driver’s seat.

Christine is a married solo driver with several years of safe driving. She and her husband drive separate trucks. She works for a small company that does not offer insurance but allows her to cross paths often with her husband. She is heavy set and snores; symptoms of sleep apnea. She and her husband are struggling financially with the economy so bad and they have bills to pay. There is no way that she can afford to pay for expensive sleep studies and c-pap machines if the sleep apnea regulation passes.

About her prospects Christine says, “They will pull my license, I will have no home, no income, no job. I can go and ride with my husband, but not be able to drive I guess, but it will end our dreams of getting out of debt and buying a home.”

Danny is 35, married and has five children all under 10 years of age. His wife is a stay at home mom. They live in an economically depressed state. Danny became a truck driver a few years ago and has a clean record. He became a trucker because he barely graduated high school, stutters badly and could find no other jobs other than menial ones such as dish washing or maintenance.

Danny’s company laid him off when they instituted new BMI policies for their drivers; Danny is 6’2” and 350 pounds. Up

until he lost his job, he had been being treated for a metabolic condition that caused his weight gain. With five children, he cannot afford cobra insurance payments or sleep testing on unemployment and is finding it hard to find another job driving truck at a company with adequate home time, benefits and insurance. He and his wife are considering moving in with one of their parents so they have child care and both of them finding minimum wage jobs. “I just wanted to provide for my family the best way I could, so I became a trucker. I never dreamed this would happen, I am a good safe truck driver,” Danny said, “why can’t I find a driving job?”

The three people, whose stories have been told here, are representative of thousands of truck drivers throughout the country. Good safe drivers who are either already caught or will be caught in the catch 22 situation of unwarranted health regulations involving truckers. Will the regulations ever stop one has to wonder. Not until the powers that be consider the human factor and see the faces in the windshields as individuals, not robots in the seat. http://sandylongsfaire.weebly.com/sandys-books.html

Page 5

Volume 2 Number 1

Fleet Management After the Hours-of-Service Ruling: Research on 34Hour Restart, Action on Capitol Hill August 20, 2013

By Oliver Patton Even as a federal court was recently upholding most of the hours of service rules, the Federal Motor Carrier Safety Administration has been working on a field study of the 34-hour restart that could influence that provision in the future, and there's a move on Capitol Hill to force the agency to return to the old rules.

Congress ordered the study in last year’s highway bill, at the insistence of the American Trucking Associations, which said the agency should confirm in the field the finding from a laboratory study that daytime sleep is not as restorative as nighttime sleep.

That finding is the scientific basis for the requirement that a driver take two periods off between 1 a.m. and 5 a.m. during his 34-hour restart, and it figured prominently in the court’s decision to uphold the provision.

But Hanna will pursue the amendment, said Renee Gamela, his communications director.

“He’s been discussing the amendment with colleagues and we’re confident it would have strong, bipartisan support when it comes up,” Gamela said.

The amendment is supported by 16 trucking and shipping interests, including ATA, OOIDA and UPS, as well as the Transportation Intermediaries Association, the National Retail Federation and the National Grocers Association.

Hanna, joined by Reps. Tom Rice, R-S.C., Trey Radel, R-Fla., and Todd Rokita, R-Ind., said in a Dear Colleague letter that the new rule decreases driver flexibility and raises costs – complaints that have been aired by all of the industry interests.

——Drive Safe, Rickey Gooch Justice for Trucker

It remains to be seen if the data from the field study will be persuasive enough for the agency to reconsider its approach to the restart.

Data collection for the study was finished in July and the final report is expected later this year, said agency spokesperson Marissa Padilla.

Meanwhile, there is a move in the House of Representatives to cut off funding for implementation or enforcement of the new hours and return to the old rule.

An attempt by Rep. Richard Hanna, R-N.Y., and several others to attach the amendment to transportation funding legislation failed when House leaders withdrew the bill.

JOIN US AT JUSTICE FOR TRUCKERS www.causes.com/justicefortruckers

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My Truck News`

July Snapshot Includes Two New Violations The Federal Motor Carrier Safety Administration (FMCSA) has added two violations to the Safety Measurement System (SMS).

One of the violations is based on the new Hours-of-Service (HOS) regulations and the other is based on a more detailed description of existing controlled substances and alcohol regulations. Both were implemented in the SMS as of July 1, 2013. If motor carriers have one or both of these violations, they will see them in the July snapshot of their SMS data which was released in early August.

The table below includes descriptions of the new violations, the Behavior Analysis and Safety Improvement Categories (BASICs) they relate to, and how they are weighted in the SMS. BASIC Violations Added to the SMS BASIC

HOS Compliance

Violation Code

395.3(a)(3)(ii)

Description Driving beyond 8-hour limit since the end of the last off-duty or sleeper period of at least 30 minutes

Severity Weight

Violation Group

Driver-Related (Y/N)

7

Hours

Y

3

Alcohol Possession

Y

(Note: Does not apply to short haul drivers)

Controlled Substances/Alcohol

392.5(a)(3)

Driver in possession of intoxicating beverage while on duty or driving

FMCSA's new HOS regulation (395.3(a)(3)(ii)) requires drivers to take a 30-minute rest break during the first eight hours of a shift.

Based on a court decision, effective August 2, 2013, FMCSA will no longer enforce the 30-minute break provision for drivers that qualify for either of the short haul operations exceptions outlined in 49CFR 395.1(e) or (2). This new regulation and guidance can be found at http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm.

The violation related to the Controlled/Substances Alcohol BASIC was added based on industry and law enforcement feedback and enables roadside inspectors to distinguish between alcohol possession and alcohol use. SMS assigns a lower severity weight to alcohol possession. Motor carriers should discuss these violations with their drivers to make sure they understand them and how to comply with the associated regulations.

Please submit all requests for transport to Operationroger01@yahoo.com. Transport application and requirement forms are available at: http://operationroger.com/

Someone was having fun on a highway project at Wrangell, Alaska.

The community of Wrangell is located on an island in SE Alaska just north of Ketchikan; about 2.5 hours north of Seattle.

Page 7

Volume 2 Number 1

If You Take These Medications, You Might Not Get A CDL There are many things that can make a driver exempt from obtaining a CDL, but did you know that there are also many medications that can prevent one from getting a CDL? Millions of Americans suffer from anxiety, depression and other mental illnesses or chemical imbalances. The symptoms of these illnesses can range from minor to severe and most are easily controlled with medication. The medications given for mental illnesses can help suffers live a normal, happy life.

If you suffer from anxiety, depression or other mental illnesses but take medication to treat the symptoms, you may be ineligible for a CDL. According to the FMCSA, “individuals who live under chronic emotional upsets may have deeply ingrained maladaptive or erratic behavior patterns. Excessively antagonistic, instinctive, impulsive, openly aggressive, paranoid or severely depressed behavior greatly interfere with the driver’s ability to drive safely. Those individuals who are highly susceptible to frequent states of emotional instability (schizophrenia, affective psychoses, paranoia, anxiety or depressive neurosis) may warrant disqualification.

“Careful consideration should be given to the side effects and interactions of medications in the overall qualification determination. See Psychiatric Conference Report for specific recommendations on the use of these medications and potential hazards for driving.”

A 2009 FMCSA Medical report states: It is the opinion of the MEP that all individuals with a history of the following psychiatric disorders should undergo additional medical and psychiatric evaluation to further assess functional ability before being considered qualified to drive a CMV:

• • •

Psychotic Disorders Bipolar Disorders Major Depressive Disorder with a history of psychosis, suicidal ideation, homicidal ideation or a suicide attempt

Obsessive Compulsive Disorder Antisocial Personality Disorder The MEP believes that all individuals currently taking benzodiazepines or similar drugs which act on benzodiazepine receptors should be immediately prohibited from driving a CMV.

• •

Individuals who take benzodiazepines for any length of time should not be allowed to drive until the drug has been cleared from their system (i.e., within seven half-lives of the drug and any active metabolites). Chronic users of benzodiazepines (i.e., regular use for more than a month) should also wait an additional week after the drug has cleared from their system before resuming driving to ensure that the drug has been completely eliminated. It is also suggested that FMCSA provide information regarding the half-life and seven half-lives of benzodiazepines and active metabolites to medical examiners for use at the time of examination.

Given the functional impairments and increased crash risk associated with benzodiazepine use, the MEP believes that:

• individuals currently taking benzodiazepines not be allowed to drive a CMV • individuals who are taking benzodiazepines should stop taking them long enough ahead of driving for them to be cleared from their systems before being allowed to drive a CMV (it takes seven half lives for a drug to be completely eliminated from the body) • chronic users of benzodiazepines should wait an additional week after the drug has been cleared from the body (i.e., seven half lives plus one week) before driving a CMV to ensure that it has been completely eliminated.

The MEP is of the opinion that all individuals currently taking lithium be excluded from driving a CMV at night.

Source and to read more...Read more at http://cdllife.com/2012/ health/if-you-take-these-medications-you-might-not-get-acdl/#tff5w6Zp4rGQQyts.99

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 everyone 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, someone will return your call .

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My Truck News`

Ticketing Cars Around Trucks Helped Reduce Fatalities By 40% Police officers in Texas are learning what truckers have known for a long time; if you want to reduce the number of crashes involving large commercial vehicles, target the driving habits of the 4-wheelers that surround them.

following too closely, and unsafe lane changes. Of those 2,000, only 260 were given to truck and bus drivers.

The TACT program seems to be working well. So far this year, only four people have died in crashes with large commercial vehicles in the Fort Worth Area, down from seven An increase in enforcement and ticketing in and last year during the same time period. around Fort Worth, TX has reduced the number of “We’re never happy about a fatality, but we are happy that deadly accidents involving large trucks by 40% this the number seems to be declining,” said Officer Robert year according to police. The Ticketing Aggressive Mills. “Anything at any time can happen, but we really beCars and Trucks (TACT) program was implemented lieve that, through our combined efforts, we have made a to try and cut down on the dangerous driving activity difference.” that occurs around large commercial vehicles.

Source: Truckers Report Officers used an impartial eye to examine who was doing the unsafe driving and said that the vast majority of tickets were handed out to passenger vehicles, not to the big-rigs who usually get the blame. Since May, police officers have written almost 2,000 tickets as part of the TACT program for things like speeding,

Texas ‘Mover Over’ Law Expanded Starting September 1, the Texas Move Over/Slow Down law will require drivers to move over or slow down when approaching Texas Department of Transportation workers and vehicles that are stopped with overhead flashing blue or amber lights. The law provides the same protection to Texas Department of Transportation workers that it currently provides for police, fire and emergency vehicles.

The expansion of the Mover Over law will require drivers to move out of the lane closest to the TxDOT when possible. If it’s not possible to move over, drivers will be required to reduce their speed to 20 miles per hour below the Photo Credit: TxDOT posted speed limit.

If the road does not have multiple lanes, and the posted speed limit is 25 miles per hour or less, drivers must slow down to 5 miles per hour.

Violators may be fined up to $2,000.

“We are very pleased the Legislature recognizes the dangers our employees face each day while working to maintain and build the state’s vast highway network,” said Phil Wilson, TxDOT’s executive director, noting that more than 100 TxDOT employees working in construction areas have been struck and killed by motorists since 1938. “We are hopeful that this new protection for our crews will lead to fewer preventable deaths and injuries.”

Radio announcements and statewide billboards will help raise awareness of the new Move Over/Slow Down law.

www.facebook.com/FMCSA

ATRI — Compendium of Idling Regulations— Cab Card — Handy to have in the truck! http://www.atri-online.org/research/idling/ ATRI_Idling_Cab_Card.pdf

https://www.facebook.com/CanBorder

Page 9

Volume 2 Number 1

Celadon changes cruise control policy after $18.5 million award

By Greg Grisolano, Land Line staff writer For drivers at Celadon Trucking Services Inc., it’s no longer an option to use the cruise control during inclement weather conditions. The company announced recently it’s the policy to make sure that function is turned off.

Celadon vice president of risk management Ken Core told The Associated Press that the company now trains its drivers not to use cruise control during inclement weather.

A Celadon representative could not be reached for comment Monday.

The policy change comes on the heels of a massive wrongfuldeath judgment that was awarded last month to the families of two men. They were killed when a Celadon truck driver who was using cruise control in icy conditions rear-ended the victims’ vehicle.

An Indiana jury ordered the company to pay a total of $18.5 million to two Michigan families in a lawsuit stemming from a fatal crash on Interstate 94 near Portage, Ind., in 2011.

The jury sided with the families of the two men who were killed in a multiple vehicle collision involving a tractor-trailer driven by Earnest Johnson, an employee of Celadon. The suit argued that the victims, 44-year-old Daniel Van Dyke, and his passenger, 47-yearold Richard Hannah, died as a result of negligent/reckless driving on the part of Johnson, who was driving too fast for conditions on an icy road.

The two victims, who had stopped on the road when another vehicle in front of them was disabled and spun out of control due to the slick conditions, were fatally struck by a Johnson’s tractor-trailer. During the trial, it was shown that the EOBR on Johnson’s truck recorded his speed at 65 miles per hour on cruise control just before impact. Johnson was hauling 21 tons of crushed marble.

Celadon contended that Johnson could not have avoided the accident due to the presence of invisible ice, and that both Van Dyke and the other vehicle driver were contributorily negligent by failing to maintain proper control of their vehicles The jury found Celadon 40 percent at fault and driver Johnson 60 percent at fault and awarded Van Dyke’s estate $7.5 million. Due to fault apportionment, defendant Celadon was responsible for $3 million and defendant Johnson was liable for $4.5 million. Hannah’s estate was awarded $11 million, with Celadon responsible for $4.4 million and Johnson $6.6 million.

The estates, together, collected $18.5 million.

Strike Force inspections protect passengers and the motoring public from coast to coast Federal, state and local commercial vehicle inspectors across the country have begun an intensified safety crack-down to protect bus passengers and the motoring public by removing unsafe vehicles and drivers from our nation’s highways and roads. Over the course of the next two weeks--in all 50 states, the District of Columbia, and U.S. territories--specially trained investigators will inspect motorcoaches, buses, and 9-to-15passenger vans for overall vehicle maintenance and safety equipment condition.

They will also verify commercial driver qualifications and driver compliance with federal hours-of-service requirements.

Vehicles and drivers found to be violating critical safety regulations—and thereby needlessly endangering passengers and other motorists sharing the road with them--will be put out-ofservice on the spot..

You can read more about our nationwide Passenger Carrier Strike Force on our Fast Lane blog.

http://www.truckercharity.org/

Page 10

My Truck News`

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 control 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. According 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 petition based on the one that Allan Nightrunner created before but it stopped working. 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-nhtsainvestigate-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!

Page 11

Volume 2 Number 1

Driving Healthy

• • •

MORE TIPS ON HEALTHY EATING ON THE ROAD AT: http:// www.drivinghealthy.org/ Driving Healthy 7 minute work out http://7min.io/ Eat yogurt for sweeter breath. Yogurt replenishes the good bacteria in the gut and promotes a healthier mouth.

Are you getting enough Vitamin C? Vitamin C helps reduce your risk of heart disease by keeping your blood vessels flexible.

tiveness on the body: 2 glasses of water after waking up - helps activate internal organs, 1 glass of water 30 minutes before a meal - helps digestion, 1 glass of water before taking a bath helps lower blood pressure, 1 glass of water before going to bed - avoids stroke or heart attack.

I can also add to this... My Physician told me that water at bed time will also help prevent night time leg cramps. Your leg muscles are seeking hydration when they cramp and wake you up with a Charlie Horse.

A Cardiologist has stated that if each person after receiving this information, sends it to 10 people, probably one life could be saved!”

HEART ATTACKS AND WATER “How many folks do you know who say they don't want to drink anything before going to bed because they'll have to get up during the night!!

Heart Attack and Water - I never knew all of this! Interesting.......

Something else I didn't know ... I asked my Doctor why do people need to urinate so much at night time. Answer from my Cardiac Doctor Gravity holds water in the lower part of your body when you are upright (legs swell). When you lie down and the lower body (legs and etc.) seeks level with the kidneys, it is then that the kidneys remove the water because it is easier. This then ties in with the last statement! I knew you need your minimum water to help flush the toxins out of your body, but this was news to me.

Correct time to drink water... Very Important. From A Cardiac Specialist!

Drinking water at a certain time maximizes its effec-

http://www.tripcheck.com

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 issues.

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

Fre

Send your Name, email address, and phone number to: MyTruckNews@gmail.com You may also Text your information to ion! t p 541-404-0724 i s cr

b e Su

www.MyTruckNews.com Your information is safe with us.

Watch this Video on What to Do in Case Someone Has A Heart Attack http://www.heartrescuenow.com/

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My Truck News`

Deaf Truckers United

These Truckers Believe That Driving Trucks Are About Skills — Not Hearing Deaf Truckers United (DTU) is a group of truckers who believe that driving trucks are about skills not hearing. Our mission is to focus and defending the rights of all deaf and hard of hearing drivers rights and their awareness of their driving skills, do not need waiver for hearing or speaking as required by US Department of Transportation Federal Motor Carrier Safety Administration (US DOT FMCSA) regulations 391.11(2), 391.41(b)(11), and 391.43(EARS) from all Class A drivers.

The Demanding Document Of The Deaf Truckers United This Agreement to this demanding document was made on by and among the members of the Deaf Truckers United (DTU).

I. Who are we?

Our mission is to focus and defending the rights of all deaf and hard of hearing drivers rights and their awareness of their driving skill do not need a waiver for hearing or speaking as required by US Department of Transportation Federal Motor Carrier Safety Administration (US DOT FMCSA) regulations 391.11(2), 391.41(b)(11), and 391.43(EARS) from all Class A drivers. Below are three links to the regulations that we want to remove: http://www.fmcsa.dot.gov/rules-regulations/ administration/fmcsr/fmcsrruletext.aspx?reg=391.11 http://www.fmcsa.dot.gov/rules-regulations/ administration/fmcsr/fmcsrruletext.aspx?reg=391.41 http://www.fmcsa.dot.gov/rules-regulations/ administration/fmcsr/fmcsrruletext.aspx?reg=391.43 II. Why did we create this Document?

We, Deaf, Hard of Hearing and Hearing, and members have joined together to question the FMCSA requirements of needing to hear or speak in order to get a Commercial Driver’s License (CDL) Class A Licenses. This license was created to give people permission to drive large trucks with any combination of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds. We have found that it was worthless to require wearing hearing aids to drive trucks and we want to be exempted from wearing our hearing

aids. We want to drive without any fear of losing our licenses for any reasons to wear the hearing aids as it really is worthless to wear those devices.

III. Often there are misunderstandings of the speech requirements found in regulation 391.11(2) that requires deaf and hard of hearing people to speak.

We have found that deaf people can communicate at all times by writing or pointing at things. There should be no reason why the deaf person’s limits to as written in 391.11(2) will cause any kind of barriers or struggles on communicating at any time while inside or outside of the truck. We found that deaf people can communicate by using writing on paper, cell phone (text, email or relay applications), relay calls through computer by using roaming or even using satellite phone with a TTY. There are no reasons for any reason our skills will be limited if we cannot speak or needing an interpreter at a scheduled appointment.

We have been pulled over by police officers in the past and communicated with them just fine using notepad and pen. And, we would like to use that option as anyone else can use it as well.

IV. We do not believe that people will need to hear a whisper 5 feet away with any assistance other than using of common sense or other available body senses that replace our hearing.

We are often confronted that we need to hear the air brakes. But, this is not true, even hearing truckers admitted that they can not hear inside the cab due to the noise from the muffler that is right behind them. Many hearing people fear losing their licenses as they lose hearing from driving inside the cab that is so noisy. Hearing people have admitted that they can not hear inside the cab and find no reason why deaf truckers should be prevented from driving trucks.

After all, all modern trucks that are made today a build in technology that helps increase the drivers safely. For example, the PSI gauge inside the truck will show leaks in the air brakes. In addition, all vehicles are due to an inspection before driving on the road. At that point, the air system check will be checked by two people. In addition, when the engine is turned off and back on the truck has technologies that will self perform as the truck release the parking

Page 13 brakes there will be no more than 10 PSI loss in one minute the driver will know that something is wrong with the air brakes. This whole thing can be done by looking at the PSI gage and it is not the truck driver’s duty to fix the truck. They will be required to make a call to a truck mechanics by their preferred communication explained in Section III above.

There are also warning devices inside the truck that will come on when the truck becomes lower than 60 PSI. Also, to point of information, the build rate will not go from 85 to 100 psi within 45 seconds. A deaf truck driver will be able to verify that at beginning of driving and while driving. A deaf truck driver will be able to identify these things as they pay close attention to the psi gage. No need to hear anything. They will be able to feel these things however, all of these things will be captured when they perform the pre-trip inspection of the truck that inspects the 5th wheel jaw locked, suspension/ brakes, nuts, rims, tires, air/ electric lines, wheel seal, brake pads, coupling systems, axle check, and rear of the truck. This check up includes checking inside cab check to ensure that all emergency equipment, horn, lights, wipers, defroster, and gauges are working properly.

In other words, there should be no reason why anyone would need to hear a whisper 5 feet away, because everything will be captured from technologies inside the truck and the pre-trip inspection.

V. We do not believe any driver who can not pass the Hearing Physical Requirements should be given a Class B License instead of a Class A License.

If there was ever an opportunity that DOT to open up a position for deaf and hard of hearing people who can not meet the physical requirements and giving them opportunity to receive a Class B license. We believe that this would be a nice option. However, we must decline because deaf people been driving for many years and many got a Class A licenses.

As a Class A Driver, we experienced days that our hearing aids were lost, broken or forgotten. As a result, we drove our trucks very well with no problems at all and the air brakes did not cause our driving records to decline. Why should we downgrade ourselves if we made it this far pass the federal regulation for hearing to be part of the physical requirements? No, we should not do that. We should tell DOT to change the regulation and allow us to continue our driving without an Hearing Aid. In addition, we do not want to be forced to get our Class B license after years of fighting to get our Class A License if our hearing aids fail to protect us in the future. In other words, we are asking the DOT to allow us to drive without our hearing aids after our number of years as a driver of a Class A license as an example to remove the federal regulation that requires our people to hear and speak to maintain their driver’s license.

VI. What if DOT allow deaf people to get their Class B License and drive them with vehicles without air brakes?

Currently, The DOT has indicated that it may grant exemptions to operate Class B vehicles without air brakes to safe drivers who cannot pass the DOT’s hearing test. Those truck drivers who have drove for years with air brakes found that driving trucks with air brakes are way more safer than having no brake gauge. There should be no reason the air brakes or brake gauge

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would make a difference for a person who is deaf or has hearing loss. This exemption to allow deaf people to drive without air brakes does not make sense at all. As a result, many truck drivers wonder why the DOT would allow deaf truck drivers with Class B license to get their license without any airbrake? We would like you to take serious thoughts about this as there might be some kind of hidden agenda behind the true purpose.

VII. Do deaf people have the ability to drive trucks of Class A license?

Truck drivers have the lowest accident records. And, deaf people have the best driving records. Any insurance company would verify that deaf people are the best drivers out there. We have better visual and feeling sense that helps us become a better driver. If anyone is concerned about deaf people’s driving records, you will find nothing wrong with our records and driving is about skills not hearing. We hope to find a legislator who will support us on our mission to remove the hearing aid requirements of driving trucks.

Help us remove the hearing and speech requirements from the federal DOT regulations, because it is about driving skills not hearing.

Thank you from the Deaf Truckers United (DTU) Group. http://deaftruckers.com

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