Why do truckers surrender civil rights with HOS regs?

The hours of service regulations were originally written & passed in 1937 by the former Interstate Commerce Commission (there was no federal DOT at that time). The rules were then appealed through the courts by the trucking companies in 1938. The case ultimately ended up in the Supreme Court (the court). The court ruled that yes, the Hours of Service regulations in fact did infringe on the individual rights of commercial vehicle drivers. BUT, the court has the right to usurp the rights of individuals for the safety and well-being of the masses (country as a whole).

So, in fact a drivers rights are violated under the 5th amendment (self incrimination), but it is legal to do so for the safety & well-being of the country as a whole.

Sorry, but if you had something else in mind other than merely asking why, you're out of luck unless you won the Mega Millions jackpot & plan on making an attempt to change the rules. You'd have the support of some, but not the majority, of drivers (the ones that can't live by rules & kill people after driving 20-straight hours) & some, but not the majority, of motor carriers (the ones that see nothing but dollar bills in front of their nose full of boogers), but the vast majority of individuals and organizations would oppose you & nothing would change.

From a retired federal DOT official.

 

As for myself, I won't drive when I'm that tired anyway. But... my experience with many student drivers is that everyone is different. One driver may be able to run well over 10 hours perfectly safely, while another is just about useless after driving only a few hours.
The big problem with centralized rulemaking is that it applies a "one size fits all" standard to everyone, regardless of their abilities and habits.
This is why they're so quick to apply "Gun war" standards to otherwise law-abiding folks who would never hurt anyone in an attempt to limit the bad folks (which doesn't work anyway).
It's why they'll apply the same "Drug war" boot to the neck of a doctor merely trying to prescribe the proper medication to a pain patient... as they would the corner drug pusher.

It's all about control, and truckers have been second-class citizens for many years now. I spent most of my adult life living in a small-ish aluminum box, and never was I 'secure in my possessions', as I could be pulled over and my Home searched at any time, by anyone with a badge and a suspicious nature.

HOS rules can be a handy tool to limit dispatcher abuse, but I've had plenty of 'em push me to break those rules... and I was the one who'd get the ticket if caught, with them sitting all cozy at their desks.

 

Do you realize that when Eisenhower had the Interstate Highway Act passed (well, at 25 you can't because you weren't even a twinkle in your daddy's eye) there was no intention of allowing anything but military & economic goods vehicles on the interstates?

By the way, the United States Government does have the RIGHT to restrict who does travel on interstate & U.S. highways after war has been declared. In the present day though there is no restriction because the U.S. is not legally at war. For a war to be legally declared, the Congress must pass, and the President must sign a declaration of war, but that has not transpired under the Bush administration. But to understand that, you should probably study the law, and the history of law for starters.

States also have the RIGHT to restrict vehicles from state and municipal highways with the individual states.

Why do you think all the overpasses on interstates are required to be at least 14' 8" over the driving lanes? The answer is to allow military vehicles carrying missiles & goods that will sustain you e.g. food, to go under them.

You don't have a legal RIGHT to drive. Driving is a privilege, not a right. You don't have a RIGHT to receive a drivers' license because driving, and the subsequent driving laws, is/are a privilege, not a RIGHT. Not being offensive, but you should probably learn the definition of these 2 words.

 

ABSOLUTELY!!!!!!!!!!!! And they are governed

 

The major difference between a privilege and a right is that the former must be granted by a controlling authority. The sort of authority "We" supposedly fought against in the last few wars.
It saddens me that folks have swallowed the kool-aid and determined that we are the property of the US Government, and that our very ability to move about is considered a granted privilege. The next step? Checkpoints at all borders and tight control of movement... but, of course, truckers have already putting up with that sort of commie/fascist control for a while now.

Unsafe pilots, like unsafe drivers, are that way regardless of how they're 'governed'. In fact, all the FAA and TSA red tape we have to push through to get anything done raises our stress and fatigue levels considerably. Now, THAT is unsafe.



With that, I think I'm gonna cool it on the political talk... it isn't why I'm here, and I'm on boards that discuss this sort of stuff.

 

Some of these theories and statements are unbelievable!!!!!!!

 

No one is saying you don't have any right to travel. You have feet, do you not? You can go most anyplace you want ... if you have the time.

There is no constitutional right to use a highway, but there are mechanisms in place to grant you the privilege.

 

I'm glad to see that at least there are a few people on this thread that understand the difference between a right, and a privilege.

 

It is unbelievable that some people think things that are actually privileges are rights.

As they say, there are only two things certain in life; death and taxes!

 

Let me get this straight, your saying the Supreme Court ruled that HOS regs. infringed on individuals Constitutional rights... But, the court(I assume Supreme) can contradict themselves and usurp their own ruling? Can you please cite this case for us?

Specifically, how can a drivers rights to self incrimination(the 5th amendment) be legally violated pertaining to safty?

Who now is primarally responsible for taking care of the Interstate Highways? (State or Feds?) Where does funding come from?

Do I have a "Right" to travel freely in my country? If my travels requires the use of a legally obtained vehicle with all proper licensing and insurance what "Right" would ANY Policing power have in detaining/hindering/imprisoning my Constitutional "Rights"?

Or, is it just my "privilege" to travel freely? Whereas, some policing force has confined(imprisoned) me in a certain area. Sheesh...