Why do we let them get away with it? And why doesn't the government protect drivers

Here are some changes I feel are needed in trucking.

labor laws:

All employees that are not government employees, contract employees (collective bargaining), or salaried management should have and expect the protection of the FLSA. After all truckers are human beings and should be treated at least as well as other workers considering the sacrifices made to work in this industry.

This would mean the following; drivers would be paid for all work performed including time to get to orientation, time for paperwork, time for physicals, time to fuel (yeah even if it takes over an hour to get to the pump), time to pti, time to wait at shippers and receivers, even time to babysit equipment and loads (layover). If you are in the employers truck and are not on a required break you should be getting paid.

Abolish per diem as used by transportation industry. It unfairly favors the employers in the industry. It is not a win for the worker in the long run. It slightly increases take-home pay while reducing the amount paid and matched for FICA and also reduces the basis that payments like unemployment and workers compensation are made. It should be handled like the rest of the business world handles it by providing the $52 per day directly to the driver for expenses such as food and showers on a tax free basis. eg: When I was in retail management and I was away on business my employer was required to pay for lodging and wages as well as a stipend for meals and miscellaneous expenses. The wages had to include time to travel to and from the jobsite if over 50 miles and if I used my own vehicle had to pay me mileage for all miles to get there and back as well as any miles driven to go from hotel to site of to get meals. They didn't do this because they were nice they did it because it is the law. This was paid to me on a tax free basis because it was an expense that the company had for my employment.

The same should be required of the transportation employers.

HOS

Abolish split breaks completely. Most of the larger companies prohibit using these anyway(even using e-logs).

Further limit employers from shift changes using these rules.

Increase the 14 hour rule(window) to a 16 hour window during which the driver may use a 2 hour line 1 or 2 break for shower and meal or to rest while waiting for congestion to dissipate. This would allow driver to avoid the busiest times on the highways mitigating risk and maximizing travel times.

Once a Driver begins a shift they may not change out side of a two hour window until a 34 hour reset is achieved.
Example: Driver starts day at 6am after driving 11 hours and loading, emptying out and waiting the driver must stop driving by 8pm. The driver must complete a minimum break of 10 hours. Regardless of when the break has started for the remainder of the shifts and until the next reset the driving window must fall between 4 am and 10 pm (yes I realize this is an 18 hour window doesn't change the 11 or 16 rule)or the requirement for a 10 hour rest. This prevents employers from mid week shift changes that require drivers to operate when then haven't gotten quality rest.

It has been my misfortune to work for several companies that commonly used the following practice (yeah even on e-logs). First of all it is against hos rules unless a full 10 hour rest break is taken either before or after the emptying process(Yeah could be a split).

Scheduling deliveries while the driver was mid-break. Let me further explain a driver has the legal hours to pick up the load and get it to the consignee in the required time frame and has the space and permission to park at the consignee. The delivery is scheduled for 2-9 hours after arrival at the consignee. The driver did not arrive at the consignee until they were at or near the end of their 16 hour window. Now we all know it is legal for the driver to be required to complete the delivery and start his or her break minimum 10 hours at the end of the delivery process. We also know that the employers expect that this break will begin when the driver arrives and end roughly 10 hours later. There needs to be a severe penalty in place to prevent this imho. Here is my suggestion: Lets make a dispatcher or load planner and their immediate supervisor personally responsible as well. How about a $1000 dollar fine and 30 days in jail for 1st offense. 2nd offense $10000 fine and 1 year in jail. 3rd offense in a company, loss of operating authority for 7 days. Do it again and you lose it forever. (can you tell how strongly I feel about this?)

Now how about helping the entire country.

I am a conscientious driver and do a good pti but I am not a mechanic. Here are some of the issues in drivers doing pre and post trip inspections. Inclement weather, urine soaked parking lots, inadequate lighting (can only see so much with a flashlight). Yeah we can inspect lights, tires, check for leaks and an in cab inspection. We can make sure the truck and trailer are properly connected and listen for leaks. We can do a leakdown test and brake test make sure there are steel valve caps and gaskets on the tethered fuel caps. Actually getting under a truck, to check stroke on a slack adjuster? Probably not gonna happen very often. IMHO this should be a mechanics job and I don't mean an employee of the company that owns the truck.

Now I realize this is a stretch but How about creating an Industry of Federally Licensed inspectors that only inspect not repair trucks and trailers and not penalize drivers or companies? It would work on a pass or fail basis. If egregiously unsafe conditions exist the truck or trailer could be placed out of service and a tow required to a repair facility. Now how about requiring inspections every 90 days or at a minimum every 6 months? Would we be safer? Would our families and friends be safer? How many time have you or I had to argue that a truck or trailer was oos to a company repair facility? From tires that had visible cord showing to windows taped shut with duct tape to door handles that did not function or blower motors that did not spin. Even transport j hooks installed in break cans rendering brakes inoperable.

Just a few thoughts I thought I would share.

These changes would not hinder the drivers ability to make money. They would definitely make the companies plan better. They would make the highways and bi-ways safer.

I am not an uneducated person and know these changes would be expense for employers. Here is the saving grace if you are an owner operator running paper logs it have little effect other than increased rates. If you are a company driver that is non union you win. If you are a company that has a bunch of trucks you win.
Let me explain:

As an employer you win by decreasing turnover, increasing safety of drivers and equipment, reducing citations and OOS orders

As an employee you win with being compensated for all you do.

As an OO you benefit from increased rates. It helps to level the field allowing you to put more in your pocket.

Might even make it profitable enough to get others to invest in owning their own truck.

As a union employee this wouldn't effect you so there is no need for you to reply... thanks!