Greetings Mr. Lewis. I read your 'TSA terrifies, Too' column in the Denver Post. I must agree wholly with you assessment of the TSA. Who was is that said that the TSA has implied consent to microwave (millimeter wave, actually) you in one of their machines, and if you don't agree, pat you down and grope you like a holiday turkey? Janet Napolitano, John Pistole, Janet Reno (remember the tank with the flame thrower that 'wasn't there' in WACO) all are government terrorists. Our ex-vice president is another, along with Mr. Bush. The facts are that the government is and has been over-arching and over-reaching in mis-use of their powers, not just since 911.
My answer is not to fly anymore. Don't worry, even if enough fliers do the same, the airlines won't go out of business. The government loves pork,that's why it's so fat. It will simply pour more money into the industry, just as it did with the auto industry. The airlines themselves will continue to treat their passengers poorly and charge for every peanut (oops, can't serve those anymore because some fool who is allergic will eat them and sue!) and pillow. The airlines and the government are alike. Power corrupts, and absolute power corrupts absolutely.
Take back your power, vote with your wallet and don't fly. Call your congressional representatives and call your neighbors. Swamp them with the idea that they can and will be recalled if the government continues to toss aside Constitutional rights and protections.
Take a look at what the FMCSA is doing to Truckers rights. You know, the people who bring you EVERYTHING?! The last HOS (Hours of Service) rules change were implemented in 2005. The FMCSA has again changed the game with the implementation of CSA 2010. The new hours of service will be a huge game changer for Commercial Drivers. The FMCSA Part 395 rules state that a company, which has been ruled ' an entity' , must require Commercial drivers to keep and provide to any qualified DOT officer, their hours of work via either paper or electronic log. It is considered 'implied consent' that an officer of the law, can require you provide him/her proof via a logbook, of where you have been, and what you have done, including off duty and rest breaks, and 'on duty' time. If you don't you can be severely fined and lose your license. Again ,the law makes the 'entity' force you to give up your right to refute illegal search and seizure, as you are in public on a public road and the Supreme Court itself says that makes the search probable cause that does not preclude 'implied consent' to search.
I consider this ' touching my junk' and an incursion into my right to privacy. The average unregulated civilian driver, ie, You, does not have to take a drug screen, rigorous DOT physical, TSA/FBI/U.S. Postal service fingerprint/ background check. I have done all of those many times. and I have over 80 DOT drug screens and numerous background checks since the 1980's. I have never failed one! Yet you and grandma can take over the counter and or prescribed drugs at will, get on the road and go where you want, driving as many hours as you please. And maybe get into an accident with a professional truck driver, such as myself, and if you fill the space I was keeping in front of my rig for safe stopping distance,cutting me off, I get the fine, the points, and the lawsuit.
Now, the press is for Electronic Onboard Recorders, with cameras in the cab, forward and sides of the rig. Not to help the driver, but to record his EVERY move, and because these are linked to a GPS transponder, or company supplied cellphone , see www.xataturnpike.com/eobr for one example of many, you are absolutely transparent to everyone from the dispatcher to the FMCSA. Will this government and industry intrusion help the driver? The industry providing these ' safety tools' will be making a lot of money and has pressed the government ( read 'terrorists') to be able to force their hardware and software/spyware onto Commercial vehicles. There is no ' safety provision ' as yet, mandatory, for private citizen and private vehicle onboard monitoring.
Yet you must remember John Pistole's ( equates to Gun to your head, you will like groping or else) response to Congress. Congress mandated a long time ago that the Truck driver does not have fair labor rights, see Fair Labor Standards Act, as we do not have wage protections and do not have the right to claim over- time pay. The average long haul over the road truck driver, if he/she is on the road every day of every week, for weeks at a time, spends 168 hours, 7x24, a week, tied like a dog with a leash, to the truck/trailer and load. The logbook shows 'off duty, sleeper berth, driving, and ' on duty', not driving. Every move you make and what you haul via a Bill of Lading/ commodity statement. The industry move is to track every shipment via onboard electronics and the back office and infrastructure is in place or being forced into place to do so.
The fact that many of us as trucker's, needed only supply that much information has now been precluded by the above required , soon to come, mandatory EOBR's. We are now treated as part of the machine, nothing more. Not that we, as professionals, haven't always brought, you, the unregulated public, everything. The large, BFI's (bottom feeders, Inc.) trucking school companies are in league with the insurance and government agencies to train new drivers via the widely available 'government grants' that BFI companies use to entice and poorly train new drivers. Train a driver poorly, put him on the road, treat him like he's a dog in the dog house, try to keep him six or eight months so he can pay you to drive you truck while paying off his training school, and have 70 percent of new drivers quitting before their first year in the industry has arrived. See http://www.thetruckersreport.com/truckingindustryforum/, for an eye full regarding this situation. This way, government terrorists( includes the insurance industry) can justify the overt and covert intrusions and tell you to like it or lump it. It's now just a part of life.
We are being told by a machine ( Hal, again!) many times over that we as humans, cannot make rational decisions, when to sleep, what to eat, where and when we can go, and even who to associate with, when we are tired. That the system is broke and the government that broke it will save us.
A co-worker of mine saw a new 2017 tractor(yes 2017) prototype that has complete voice command of the onboard electronics. Where does that leave the driver? There are non-manned trucking systems that are being tested in the Mongolian desert, with only a driver/technician onboard in case of emergency. There is a government funded system that allows convoys of autos to follow an electronically selected tractor/trailer or truck/ bus on our U. S. highways. The truck electronics do the braking and movement selection, and when you get to your destination ramp, you ( I mean HAL) select to disconnect from the convoy. This is another large government intrusion that will be forced on you. Remember, driving is a privilege, not a right. Yes , a lot of money is to be made, telling you that you have no rights in our society.
See above comments, if you need a refresher! . By the way, I am a Professional Driver of 32 years, with no accidents, DUI's, or speeding tickets.
TWDY means technology will destroy you! And because we now have this wonderful technology, we are being told that we don't need rights any more. We have the TSA/Homeland Security/ NSA/FBI/ CIA /FMCSA and the insurance industry to protect us from ourselves. Don't get me started on mandated government health care!
You need only look out side the government/industry boxes, be it TSA/Airlines or DOT/FMCSA/insurance industry to see who is making the money and money equates to Power! Congress created The Patriot Act, TSA, etc. A bunch of lemmings following the leader, whoever that may be, to the cliff.
Happy Groping,
Wing
Columnist Al Lewis and TSA Terrifies,Too column
Discussion in 'Trucking Industry Regulations' started by WINGWALKER9000, Nov 22, 2010.
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Last edited by a moderator: Nov 25, 2010
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What exactly is the "new" hours of service under CSA 2010?WINGWALKER9000 Thanks this. -
One needs to realize that the proof he is providing, is merely showing a record of compliance, which can also be a record of non-compliance. Rather than providing a record of where one has been, it shows where your duty status changes were made as it affects your regulated profession. Other than the duty status changes, you are not required to show what you have done. If you do that that's your decision.
The regulations do not require anyone to give up any rights concerning illegal search and seizure. One is required to record certain information concerning their job and present it on demand to enforcement personnel. This is not a search. If you or your vehicle have ever been searched, you would remember it and know what a search is.
Searches aren't probable cause and SCOTUS never stated otherwise. That said, try rephrasing as this makes no sense.
Bottom Line:There is no search involved with an inspection of your logs.
Best regardsWINGWALKER9000 Thanks this. -
Thanks for replying. I can see there may be possible confusion on the terms ' inspection' and 'search'. When you inspect something, your reasons for doing so may vary. Yet you are in effect and by physical application 'searching'. As to 'illegal search and seizure', everyone employed as a commercial Class A/B/C driver, driving a vehicle of over 10,001 pounds, has a U.S. DOT number on the vehicle, especailly those transporting hazmat. Or are supposed to. Well, the regulations say that I must provide, to the inspecting officer, a logbook of my activities. I have had a vehicle search, unwarranted and authorized by myself, because my new employer did not detail the tractor after his previous driver was fired. That fellow had hidden a small amount of drugs in the sleeper and jockey box. He didn't take them with him when he was fired. I was pulled over for an 'inspection', on the busy side of a highway, not cited for any infraction and by curiousity of the DOT officer. Knowing the history of the previous driver, I spoke with the officer and asked for a drug dog 'inspection' of the vehicle. The drugs, although a small amount, were found by the dog,and I can tell you, I would never have found them. The DOT officer contacted my employer, told him what was found and why, had a confirmed no-pass drug screen copy and reason for firing of the previous driver,faxed to his office. After I put the inside of the sleeper and cab back in safe order, had the 'inspection' done and myself and rig passed safety inspection, I was allowed to go on my way.
What you would say is not an illegal search and seizure and has probable cause, I would call unwarranted. My constitutional "RIGHT" to protection from unreasonable search is being suppressed and usurped by Corporate law. Where is the warrant that is required to look at my personal belongings, including my logbook? I did not commit any crime and the inspection officer had NO reasonable to take apart the inside and outside of my assigned vehicle, and for him to do so, permission would have to legally come from the 'corporate entity', that is the company. The 'corporate entity' has no right to force me to supply information to possibly incriminate myself in a crime, albeit accessory by asscociation, as in the above case. The 'corporate entity' does not exist as a person, by present law, and let me clarify that as ' corporate constitutional law', which is illegal and therefore constitutes illegal search and seizure.
Check the post 1870s ' corporate constitutional law' commentary made by 'David' at http://newswires-americas.com/tellittoal/?p=4026.
The TSA is doing the same, with no warrant. There is no reasonable suspicion of a crime being committed, and I just spoke with a grandma who was both 'scanned' and groped by the TSA, on several different flights. There was no reason to search her, she's 82 and frail. Where is the warrant to search her person and effects?
Read the commentary by 'ANCIENT MARINER' and compare to the above ink and commentaries by 'David'. There is always some effort by the Corporate controlled media to suppress the voice of the People, and after Mr.Lewis requested I post my personal email regarding my 'TSA terrifies' response to his column in the Denver Post, to his blog, see above link, it has yet to be posted, and was sent as requested a few days ago. it wil be interesting to see if it shows up there.
If you read the 'David' commentary in the link, you must scroll down to find it, as there are at present, over 25 comments from various authors.
The Constitutional history quoted there, is my basis for my beliefs and statements. Just because the SCOTUS legislates from the bench does not
give anyone the power to take away my rights, as those are 'rights' and the nature of the said rights is that they are God Given and therefore cannot be taken away! The framers of the original Constitution lived that philosophy and put it to paper.
WING
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Not in a legal sense. A search by definition in a legal sense is for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor. An inspection of documents required for compliance purposes with possible civil penalties for not being in compliance doesnt meet the search criteria.
If you authorized it, how was it unwarranted?
OK, so you requested a search, drugs were found and you were not fouled?
Thats not what I stated. I stated that I disagreed that searches were probable cause. Perhaps it was misstated or I was over scrutinizing? If you would have stated they are generally based on PC I wouldnt have taken exception to the statement.
Concerning the above quoted statement. If there was PC, it would likely be a legal search, why would you say otherwise?
What makes you believe that a record you are required to maintain falls under the realm of your personal property? If you kept notes separately to help maintain this required record, that would be your personal property.
OK, Im confused. I thought you asked for a search? Searches generally can generally be performed with PC that a crime is occurring (Or in the case of a vehicle that evidence is inside the vehicle), a warrant (Which is based on PC), or with your permission.
Ive reread what you stated, and it still appears you gave permission, in fact asked for it.
I am very familiar with the DC Organic Act and the conspiracy theorists. Research it yourself, read the act and then see if you believe the conspiracy folks have any merit. I personally do not.
I am not real fond of what is going on with the TSA concerning searches. We all know the government can do almost anything if they put one of two tags on it. safety or its for the children.
Well, David misrepresents several facts and issues, but then thats what conspiracy theorists depend on, just enough fact, and just enough points that do not seem to make sense.
Just a suggestion, but you may want to research each point individually.
I cant argue with this.
Thats one way of seeing them.
Best regards -
Well, you seem to take exception to much of what I have said. Read 'unwarranted' as 'no warrant was presented'. You do indeed over-scrutinize. and you seem to need someone to argue with. My fifth amendment right is in play, regardless of your godless regulations. The regulations continue to treat truck drivers as dogmeat. A lot of the people who read these forums are quiet here. When you are driving a personal vehicle, do you need a logbook? Is your personal space invaded because of some unjust regulation or law ? Constitutional law has indeed been put aside for corporate greed and control, not only for the trucker, but for the everyman. You who believe in usurping the rights of others are sleeping and give no room for the King, you are blind to Him Who gave us the liberties and rights. You are lovers of power over lovers of liberty. America is sleeping.......
dibstr Thanks this. -
Certainly, but you also stated "authorized by myself". If you authorized a search, no warrant was needed and it is you who voluntarily gave up any constitutional protections you had, so I take no sympathy on you yelling about your rights concerning that now.
Maybe it's a curse, but I do tend to be somewhat detail oriented. Other than that I am not arguing. If you are that's OK with me though.
I have no regulations, godless or otherwise. As a matter of fact I am the closest thing to an anarchist you are likely to find on this forum. But even above that I am a realist.
Why would you? I would not be involved in Interstate Commerce, an area the Constitution you cherish and tout so much gave power over to the federal government it created?
What difference does it make if my (or anyone's) person space was invaded whether by a just law or unjust law? Above that who makes you the judge of things unjust?
I'd be the last to say that the Constitution hasn't been abused.
That's a common fallback position for those who can't gather support from others. Can't make or defend a point, so castigate, accuse and throw pebbles.
Besides, I did not let or ask anyone to search my vehicle.
Best regardsLast edited: Dec 3, 2010
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This would be an excellent letter to send to Peter DeFazio (D-OR) and J. Mica (R-FL). They started the TSA and Mica is trying to talk airports into opting out.
Did you know Janet Nepalitano wants TSA to scan your truck at the scales for terrorist activity?WINGWALKER9000 Thanks this. -
truckfam, you have my permission to send the letter. Well, for dibstr. Did
I wake you from your slumber? No where in the Constitution ( you said 'your' cherished Constitution, is it stated that I should give up my rights so Congress, under the commerce clause, can regulate interstate commerce. My civil liberties are still in play. My rights are not subservient to interstate commerce, and if you believe, as an anarchist, they are subservient, then you wave any protections of the Constitution for yourself. The logbook is indeed my personal property, as I paid for it . Show me in your 'cherished' regulations where it is stated that it belongs to the Corporate Crankshaft government..... And that's what happens when you tailgate dibstr, even small rocks will break your windshield. Are you awake now? The very first thing guys like you say when someone gets loud enough to wake you up, is we have no argument. You are not an anarchist at all, you are a bean counter.
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Gee, another pebble?
So far in your posts you haven't shown any of your rights to be violated. You did state you not only gave some up, but gave them up by your own request. And now you are concerned about a decision you made violates your rights. That's past ridiculous.
May want to consider rereading what I stated again. I did not say I was an anarchist, I said "I am the closest thing to an anarchist you are likely to find on this forum". Even so, your statement displays a complete lack of knowledge of anarchism.
You previously stated "The Constitutional history quoted there, is my basis for my beliefs and statements." It was hard to tell from your writing style whether you were referring to the article you linked or to your post. Since you included no constitutional history in your post I assume that you meant the article. If you have based your "beliefs and statements" on the constitutional history in the article, just pick one from the article and we can discuss it. Several were mere B/S, so be sure to research them before any discussion.
Since a "logbook" is not required by regulations, you purchasing one is your decision. It is required to record your hours of service in a particular manner, and if you choose to pay for a book to do so is fine, but regardless of who pays, the information contained is not your sole property to hold and not produce when required.
See above
If you want a regulation or even a constitutional discussion, fine I can oblige. If you want a childish pebble throwing contest, be careful not to hit yourself (Well at least not too many times).
If you have one please feel free to produce one, if not you could a least check your pebble count. I'd hate to see you run short.
Again, you are inferring something I never stated. Hope you are more factual with your regulation and Constitutional arguments (If you could even produce one)...on the other hand I can surmise why you may have a problem with them.
Best regards
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Greetings Mr. Lewis. I read your 'TSA terrifies, Too' column in the Denver Post. I must agree wholly with you assessment of the TSA. Who was is that said that the TSA has implied consent to microwave (millimeter wave, actually) you in one of their machines, and if you don't agree, pat you down and grope you like a holiday turkey? Janet Napolitano, John Pistole, Janet Reno (remember the tank with the flame thrower that 'wasn't there' in WACO) all are government terrorists. Our ex-vice president is another, along with Mr. Bush. The facts are that the government is and has been over-arching and over-reaching in mis-use of their powers, not just since 911.