Truckers and Travelers
Trucking Information Resource
Archive for November, 2009
Trucking Industry News – Gun owners… look what’s on the 2010 tax return
Tuesday, November 24, 2009
posted by 18 Wheeler 12:05 AM
Hello, Fellow Drivers, This email was sent to me from a friend and it impressed me so much that I wanted to pass it on to my readers. This IS trucking industry news since Congress is looking at the possibility of us carrying weapons in our trucks for the first time ever. I’ve lived through nine presidencies but have never seen such slow and deliberate actions to take away personal freedoms and put it in the hands of governmental control. I thought WE were THE PEOPLE. Out Second Amendment right to bear arms is being compromised it seems. Usually I shy away from anything to do with politics, but this affects all Americans whether Democrat or Republican. Enjoy the read and remember to be safe out there!
More Freedom taken away and adding a NEW TAX
VERIFIED - TRUE by snopes.com <http://snopes.com/>
http://www.snopes.com/politics/guns/blairholt.asp
As if we didn’t have enough to get upset about! If you have a gun, I hope it isn’t registered! It begins… more Freedom gone… the right to protect yourself
and your family gone! Now ALL GUNS must be listed on your next (2010) tax
return! Senate Bill SB-2099 will require us to put on our 2009 1040 federal tax
form all guns that you have or own.It will require fingerprints and a tax of $50
per gun. This bill was introduced on February 24, 2009, by the Obama staff. BUT, this
bill will only become public knowledge 30 days after the new law becomes effective! This is an amendment to the Internal Revenue Act of 1986. This
means that the Finance Committee has passed this without the Senate voting
on it at all.
The full text of the IRS amendment is on the U.S. Senate homepage: www.senate.gov <http://www.senate.gov/> You can find the bill by doing a search by the bill number, SB-2099. You know
who to call; I strongly suggest you do. Please send a copy of this
every gun owner you know.
Text of H.R.45
as Introduced in House: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009:www.opencongress.org/bill/111-h45/text Obama’s Congress is now starting on the firearms confiscation bill. If it passes, gun owners will become criminals if you don’t fully comply. It has begun… this is just the ‘tip of the iceberg!’ Very Important for you to be aware of a new bill HR 45 introduced into the House.
This is the Blair Holt Firearm Licensing & Record of Sale Act of 2009. Even gun shop owners didn’t know about this because the government is trying to
fly it under the radar as a ‘minor’ IRS revision, and, as usual, the ‘political’ lawmakers did not read this bill before signing and approving it!
To find out about this – go to any government website and type in HR 45 or
Goggle HR 45 Blair Holt Firearm Licensing & Record of Sales Act of 2009. You will get all the information.
Basically this would make it illegal to own a firearm – any rifle with a clip or ANY pistol unless:
1) It is registered
2) You are fingerprinted
3) You supply a current Driver’s License
4) You supply your Social Security number
5) You will submit to a physical & mental evaluation at any time of their choosing
Each update change or ownership through private or public sale must be reported and costs $25. Failure to do so you automatically lose the right to own a firearm and are subject up to a year in jail.
There is a child provision clause on page 16 section 305 stating a child-access provision. Gun must be locked and inaccessible to any child under 18. They would have the right to come and inspect that you are storing your gun safely away from accessibility to children and fine is punishable for up to 5 years in prison.
If you think this is a joke – go to the website and take your pick of many options to read this. It is long and lengthy. But, more and more people are becoming aware of this. Pass the word along. Any hunters in your family pass this along.
This is just a “termite” approach to complete confiscation of guns and disarming of our society to the point we have no defense – chip away a little here and there until the goal is accomplished before anyone realizes it.
This is one to act on whether you own a gun or not..
Search Results – THOMAS (Library of Congress)
<http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.45>
<H.R.45: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 – U.S. Congress – OpenCongress <http://www.opencongress.org/bill/111-h45/show>
H.R. 45: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009
(GovTrack.us <http://govtrack.us/>
) <http://www.govtrack.us/congress/bill.xpd?bill=h111-45>
Please.. copy and send this out to EVERYONE in the USA , whether you support the Right to Bear Arms or are for gun control. We all should have the right to choose.
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Trucking Resources – Basic Nutritional Information
Monday, November 23, 2009
posted by 18 Wheeler 10:40 AM
Hello, Fellow Drivers, It’s Thanksgiving and a good time to go over some basic nutritional information. This will guide you through this gluttonous time of year and help you to make some better choices as you feast and give thanks. This information comes from Renee Detky, my nutrition expert and dietary consultant (904) 465-0023. Enjoy your read and put these trucking resources in a handy place to refer to when eating this holiday. Happy Thanksgiving and remember to be safe out there!
EACH DAY YOU SHOULD EAT
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At least 5 servings of fruits and/or vegetables – make sure to include one with breakfast.
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At least 1 leafy green vegetable – collards greens, kale, romaine lettuce, broccoli, or brussel sprouts.
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1 raw or fresh food with each meal.
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Some vegetable or fruit high in Vitamin A – carrots, mango, sweet potato, or pumpkin.
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2 forms of protein – meat is common, but not necessary. Limit servings to the size of a deck of cards, depending on age, weight and activity level. Eggs are the most easily absorbed protein. Beans with brown rice, cheese, tofu, or broccoli are excellent protein sources. Remember the Beano!
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No more than 2 servings of dairy – soft cheese is less constipating than hard cheese.
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2 to 4 servings of starches (depending on weight goals) – breads should be 100% whole grain. Bakes potatoes, yams or corn are a great idea. Brown rice is more nutrient dense than white rice. Americans eat too much bread.
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Snacks – fresh fruit – apples and nuts are easy to carry on the go.
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Sit down when eating and be at peace – stress first affects the digestive track.
DO NOT EAT
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Trans fats – It in now printed on the product labels, by law.
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Pork or shell fish – these drain your body’s mineral reserves.
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Nitrates – found in hot dogs or bologna.
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White bread – it has no nutritional value for anyone.
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Sodas – deplete the body of minerals and cause sudden drops in blood carbohydrate levels, which affect oxygen levels in our brains. diet sodas are the worst.
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Corn syrup – not to be confused with fructose syrup.
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Any artificial sweeteners – aspartame (Nutrasweet in the little blue packets), sorbital (Equal, another name for Nutrasweet), saccharine (Sweet ‘n Low in the little pink packets), and Splenda (in the little yellow packets). Try instead Truvia, which is more nutritional. You can get it at Wal-Mart.
EXCEPTIONS – BECAUSE WE LIVE IN THE REAL WORLD
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Limit exceptions to once a week. An after dinner mint is okay; a candy bar is a step backwards. Remember you are training your taste buds. Cake is only for birthdays, weddings and special occasions. Alcohol is safest two to four per week, depending on body weight goals.
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New habits can be established in a little as three weeks.
Hello, Fellow Drivers, On 11/9/09 I discussed a brief overview of a DOT audit once you get trucking authority. Today I will outline the paperwork necessary to successfully pass a DOT audit. You will need to take care of the paperwork that has to be in place to pass your first DOT inspection. These items are employee records, drug testing results, DOT physical (long form), log books and any audits done on them, your truck and trailer inspection and finally your pro-rate book that is kept in the truck. You will want assistance from Clay Eppard of Fleet-Safety, Inc. to get these in proper order. They will also assist you with your DOT inspection. You can always contact me by email at truckersandtravelers@gmail.com. First, your employee records will have to be filled out. Certain information will have to be included and an outside source will have to check your references and employee history. The information to be included is: employee application, copy of driver’s license and social security card and other pertinent information. I included an 18-point checklist in my driver files. Second, you should have your drug testing either done or scheduled by now. You will have to have your original results in your employee records and a copy in your pro-rate book. The long form of your DOT physical should also be included in your files. Your New Entrant Safety audit or DOT audit will occur within the first 18 months of your trucking business with operating authority. You will want to consult with Fleet Safety in order to be ready for this audit and to pass it. Please see my blog on 6/22/09 for more information. Third, your most recent truck and trailer inspection form should be in your files also. You can have these done at any truck stop that offers truck repairs, such as the TA or the Flying J. You will have to perform this inspection yearly whether you have INTERstate or INTRAstate trucking authority. With INTERstate trucking authority, you will have to have your log books audited monthly as if you were working as an employee of any other trucking business. INTRAstate trucking authority only requires time sheets if traveling under 100 miles per day. If over that limit, you will need to keep logs also. In this economy, it helps to save money. One of the ways to save is to get trucking authority by doing most of the steps yourself. I hope you enjoyed the read. Remember! Be safe out there.
DOT Safety Audit – Your First DOT Compliance Review
Monday, November 9, 2009
posted by 18 Wheeler 8:43 PM
Hello, Fellow Drivers! I was doing some research on trucking authority and found an interesting power point about DOT Compliance. This presentation takes you through the process of your first DOT audit. Below is the link for that power point presentation. In my next post, I will explain the paperwork that you must have in place to pass this inspection by the DOT. You can always email me and I will be happy to answer any questions in depth about this process. Enjoy the read and remember to be safe out there!
http://www.fmcsa.dot.gov/about/outreach/education/education.htm
Once you get to this page look in the lower right hand to the column titled “Regualtions and Standards”. Under this heading click on the first title “What is a Compliance Review?”. Your computer will ask you if you should open or save this download. I would save it so you can go back and read it more than once.
This inspection will happen within the first 18 months of opening your trucking business. A DOT officer will contact you to schedule this audit. Preparation is your best tactic to pass this important inspection. You can do it with planning and proper education and guidance. Remember to see yourself as the successful trucking company you are and you will pass your audit with flying colors.
Hello, Fellow Drivers! If you read yesterday’s blog (11/5/09) on how to get trucking authority, then you will be able to follow this blog and decide if you want carrier authority, broker authority (steps are below) or both. In any case, you will want to bookmark the federal website that gets you started on your way to starting your trucking business. That site is www.fmcsa.dot.gov. You can also visit www.truckersandtravelers.com for further assistance and email the owner of the site. You be the one that decides who will assist you. Empower and educate yourself of the trucking authority process. Enjoy the read and remember…be safe out there!
Broker Authority
Requirements of obtaining your broker authority within the minimum 16 days:
- Register for a Motor Carrier (MC) number issued by the Federal Motor Carrier Safety Administration (FMCSA)
- File Process Agents (BOC 3 filing) for each state
- Obtain a $10,000 Surety Bond or Surety Trust
- UCRA Registration
Refer to www.truckersandtravlers.com for assistance with doing steps 1 and 2 yourself.
Step 3 – Surety Bond or Trust
You are responsible for obtaining your own surety bond or surety trust. You can choose either a bond or trust, however you will need to obtain one or the other within the first two weeks after the MC number is filed to avoid any delays. To find a reputable surety bond company, do a Google search on surety bond for trucking and you will find companies to assist you with this process.
What is a Surety Bond?
It is an amount of money that you post to guarantee that you will do something you’ve promised to do.
Freight Brokers must obtain a Broker Authority. In order for the Broker Authority to be released as “Active”. there are 2 items that must be on file with the FMCSA. You must have a BOC-3 process agents and a $10,000 Broker Surety Bond.
The Broker Bond is evidence of financial responsibility. Basically the Surety Bond guarantees that you will meet all your contractual obligations to your customers and that you can pay any claims immediately.
Either the BMC 84 “Property Broker’s Surety Bond” or a BMC 85 “Property Brokers Trust Fund Agreement” must be on file, both will satisfy the Federally mandated $10,000 insurance/surety requirements for your Property Broker Authority.
You would need to contract with a bonding company or use your own resources. Evidence of a surety bond must be filed using a BMC 84, evidence of a Trust Fund with a financial institution must be filed using form BMC 85.
These items must be on file in order to activate your Broker Authority.
A Bond is not insurance that you purchase; it is the collateral for a promise.
We work with a “Highly Reputable” Bonding Company that has several different financial plan options for you to help you obtain your required Broker Bond. They currently hold over 50% of the Bond market, they are in excellent standing with the Better Business Bureau, they are very experienced and have many references for verification.
Most new Broker’s do not have this kind of money, if you need help getting a Broker Bond, contact us and we will help you immediately.
Do not let the $10,000 Broker Bond prevent you from pursuing a Freight Broker Business of your own, there are different plans to pick from that fit your financial needs.
Hello, Fellow Drivers, Here is a simple breakdown of the steps involved in how to get trucking authority. First I will list the steps in carrier authority. Next blog I will cover broker authority. For further assistance, please email me and I will be happy to answer your trucking authority questions . You can also visit www.truckesandtravelers.com for more in-depth information about trucking authority. Be safe out there.
Trucking Authority
It takes approximately 5 to 7 weeks to complete your authority process from start to finish. There are 2 main steps to completing your authority process: federal and state. Below is a breakdown of the pieces for each step and an explanation of what they are:
Federal – Approximately 16 Business Days to Complete
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MC Number
– Issued by the Federal Motor Carrier Safety Administration (FMCSA), the Motor Carrier (MC) Number is what constitutes authority to cross state lines for hire as a motor carrier. All companies transporting freight for hire are required to obtain an MC Number.
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USDOT Number
– Issued by the United States Department of Transportation (USDOT), the USDOT Number is the main tracking number for your trucking company. The USDOT number registers the number of trucks, drivers, and the safety rating of your company. A USDOT NUMBER DOES NOT CONSTITUTE AUTHORITY.
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BOC 3 Process Agents
– Process agents are people designated in each state that can accept legal documents on your behalf and then return them to you in your home state. BOC 3 Process agents are a requirement to obtaining federal authority.
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Insurance
– A carrier must obtain Liability and Cargo insurance. It is recommended that you obtain a $1,000,000-liability policy and a $100,000 Cargo policy. You will need to obtain insurance within the first two weeks after the MC number is filed to avoid any delays in your authority processing. If you fail to get insurance on file within the first 60 days then your authority application will be dismissed. If you do not obtain insurance within that year’s time, you will have to start the authority process over again and repay all applicable fees.
State
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UCRA
– The Unified Carrier Registration Agreement states that all motor carriers, regulated, exempt, private, interstate brokers, Freight Forwarders and leasing companies are subject to fees under the UCRA. Fees are calculated per company based on the number of commercial motor vehicles it operates. Commercial motor vehicles include the number of trucks, trailers, and power units operated by the company).
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IFTA
– The International Fuel Tax Agreement (IFTA) is for trucks with a Gross Vehicle Weight over 26,000 lbs operating interstate for-hire. All 48 states and the Provinces of Canada participate in the IFTA program. Once registered there will be quarterly tax filings due. You are required to keep track of the mileage traveled in each state and all of your fuel purchases. Some states charge a small one time registration fee to get started but usually it is free.
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IRP
– The International Registration Plan (IRP) is for trucks with a Gross Vehicle Weight over 26,000 lbs operating interstate for-hire. All 48 states and the Provinces of Canada participate in the IRP Program. The IRP covers the apportioned tags for the truck. There is a yearly fee to register and operate your truck in each state or province. The cost is dependent on the miles you run in each state or province for the year. The average cost ranges from $1200 to $1600.
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Simple Permits:
NY, NM, KY, & OR – These states require an extra permit to operate within their borders. Once registered there will be tax filings due based on the miles traveled in each of these states.
- NY charges a $15 per truck registration fee and quarterly reporting of mileage.
- NM charges a $2 per truck registration fee and quarterly reporting of mileage.
- KY does not charge a registration fee, but does require quarterly reporting of mileage.
- OR charges a $2000 cash deposit or security bond to register. The cash or bond will be returned if the carrier stays compliant for the initial 24 months. After registering the carrier is required to file monthly mileage reports.
Hello Fellow Drivers, If you are thinking about striking out to get your trucking authority, then let’s talk about which type of authority you will need to get started. There are two types and you can obtain both at the same time if you need to.
1. Carrier Authority – A Carrier, more commonly referred to as a Trucker or Truck Driver is an individual who provides an essential service to industrialized societies by transporting finished goods and raw materials over land, typically from manufacturing plants to retail or distribution centers. Truck drivers are also responsible for the inspection and maintenance of the vehicle used. 11 – Source: Wikipedia, “Definition of a Truck Driver”
2. Broker Authority – A freight broker is an individual or company that serves as a liaison between another individual or company that needs shipping services and an authorized motor carrier. Though a freight broker plays an important role in the movement of cargo, the broker doesn’t function as a shipper or a carrier. Instead, a freight broker works to determine the needs of a shipper and connects that shipper with a carrier willing to transport the items at an acceptable price. 2 2 – Source: “What is a Freight Broker?”
If you are interested in how to get trucking authority, check out www.truckersandtravelers.com. They can assist you in doing it yourself and saving you money. Be safe out there!
Hello Fellow, Drivers, For those of you starting a trucking business or looking for trucking resources, here is a great article on communication skills. Enjoy the read and be safe out there.
TIPS FOR BEING ASSERTIVE
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*EYE CONTACT – Make sure the person is more interesting than what is on the floor. Look at the person most of the time. But, do not stare at people 100 percent of the time.
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BODY POSTURE – Try to face the person. Stand or sit up tall. But, don’t be a stiff board.
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*DISTANCE/PHYSICAL CONTACT – If you smell or feel the other person’s breath, you are probably too close. Keep a comfortable distance.
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GESTURES – Use hand gestures to add to what you are saying, but remember that you are not conducting an orchestra.
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FACIAL EXPRESSIONS – Your face should match your emotion and what you are saying. Don’t laugh when you are upset and don’t have a frown when you are happy. A relaxed, pleasant face is best when you are happy. A relaxed, serious face is best when you are upset.
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*VOICE TONE, INFLECTION, VOLUME – When you are making an assertive message, you want to be heard. In order to be heard you have to pay attention to the tone of your voice (happy, whiny, upset), the inflection of your voice (emphasis on syllables), and volume of your voice (whisper to yell).
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FLUENCY – It is important to get out your words in an efficient manner. If a person stammers or rambles on, the listener gets bored.
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TIMING – When you are expressing negative feelings or making a request of someone, this is especially important. Seven days later may be too long. Doing it right on the spot in front of people may not be the right time to do it. Do it as soon as there is a time for both parties to resolve their issues alone.
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*LISTENING – An important part of assertiveness. If you are making statements that express your feelings without infringing on the rights of others, you need to give the other person a chance to respond.
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*CONTENT – What a person says is one of the most important parts of the assertive message. Depending on what a person is trying to accomplish, the content is going to be different.
Source: Alberti, R. E., & Emmons, M. L. (1982). Your Perfect Right: A guide to assertive living. SanLuis Obispo, CA: Impact.
Trucking Industry News – OOS Alert In Minnesota
Monday, November 2, 2009
posted by 18 Wheeler 12:10 AM
Hello, Fellow Drivers! On June 17, 2009, I published a report about Minnesota State Troopers issuing HOS after going over a “Driver Fatigue Checklist” with drivers that are pulled into weigh stations or are pulled over. Here is a trucking industry news update to that report. Enjoy the read and remember to be safe out there!
SPECIAL REPORT: Minnesota enforced federal regs without authority
Up until Aug. 1, 2009, the state of Minnesota had nothing in its state law that gave it the authority to enforce federal motor vehicle safety regs – including issuing fatigue out-of-service orders – according to a document obtained by OOIDA.
The Owner-Operator Independent Drivers Association acquired a document from the Federal Motor Carrier Safety Administration through a Freedom of Information request that reveals the state of Minnesota had not properly adopted either directly or by reference the Federal Motor Carrier Safety Regulations. Not having those regs on the state books means the state had no authority to enforce them.
The document, titled the “2008 Minnesota MCSAP Review,” also states that FMCSA did not delegate any authority to the state of Minnesota to enforce the federal regs.
FMCSA recommended that Minnesota take steps to correctly adopt FMCSA’s regulations and incorporate any amendments to such federal regulations into Minnesota law. Minnesota corrected its law effective Aug. 1, 2009.
The Association filed the lawsuit May 13 with the U.S. District Court for the District of Minnesota on behalf of truck drivers placed out of service and in some cases fined after members of the Minnesota State Patrol arbitrarily arrived at the conclusion the drivers were “fatigued.”
The original lawsuit charged that drivers were denied their rights to a hearing on the out-of-service orders and that the regulation under which the orders were issued fails both to define fatigue and to establish a standard under which a driver would know when to stop driving.
On Sept. 10, OOIDA moved to amend its complaint in Minnesota federal court to broaden its claim alleging that before Aug. 1, 2009, Minnesota state troopers lacked any authority to issue citations for safety violations of any kind to drivers for interstate motor carriers.
“This revelation is astounding,” said Jim Johnston, president and CEO of OOIDA. “We now know that the problem is even bigger than we had originally thought.
“Not only did state troopers not have the authority to put drivers out of service based on an outrageous checklist, but they had no authority to put drivers out of service for anything.”
The court has set the schedule for the lawsuit, which in court terms is actually a very fast-paced schedule leading to a trial date of Sept. 1, 2010.
More information on the lawsuit will air Friday at 6 p.m. Central Daylight Time on Land Line Now on Sirius 147 and XM 171.
– By Jami Jones, senior editor
jami_jones@landlinemag.com