Article 1 Section 8 Clause 1.3:
The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes
Took six pages of arguing before someone even mentioned it let alone posting it. With regards to the original comments starting this thread. It's crystal clear that Congress can make whatever regulations they want for airline pilots and truck drivers engaging in interstate commerce.
Why do truckers surrender civil rights with HOS regs?
Discussion in 'Trucking Industry Regulations' started by patriotforyou, Dec 11, 2008.
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It is the understanding that congress does have the "jurisdiction" to regulate interstate commerce...
However, in doing so(regulating it) congress cannot "infringe" on other constituitonal rights "ex post facto" or otherwise pertaining to prior Constitutional amendments.
In other words, congress cannot(or is NOT suppose to)amend to the constitution a law that contradicts prior constitutional law... So no, congress CANNOT make up ANY regulation it wants, if said regulation violates constitutional rights.Last edited: Dec 20, 2008
Spacer Thanks this. -
If you are licensed to drive, you have the right to drive, you've earned it (it was not given to you), and the inherent right to do with your property (free time) what you wish, otherwise the government when it seizes property (even temporarily) has violated your civil rights under the spirit of the law? HOS of service regulations can only possibly document the occurrence of impaired driving from fatigue?
So why do licensed drivers who work two jobs and create the majority of traffic accidents are truck drivers saddled with these regulations? I think it is because not enough truck drivers talk about it. Look at the numbers, the latest reports are "weighted" numbers that synopsis over 141,000 incidents into less than a 1000? Oh it gets better?
Don't take my word for it?
Federal Register /Vol. 73, No. 224 /Wednesday, November 19, 2008 /Rules and Regulations
They come out and plainly admit that no truck driver who gets 8 hours of sleep every day will need a 34 hour restart. They then go on about glowing reports from truck drivers who thank them for this "great idea (sarcasim)" and then have the audacity to suggest that this policy enhances operational effectiveness of the transportation industry?
By what, throwing a wrench into the system? You mean to tell me that 87% of the truck drivers out there that sit at a truck stop every week would rather do that than take a long load, or get a longer load at the end of the week (about the third one)? Does the public give truck stops money to maintain parking lots too?
How many major carriers require their drivers to stay out for at least two weeks? So are they smoking glue, or is their common sense really justified? Geez, this is like wandering over the skies in a bomber and trying to separate the thousands of tons of flack in the sky (red tape reports)?
Taxes? Never paid excessive fuel taxes, only when someone drained my fuel at night (LOL). A friend of mine suggested putting a bottle of auto trans fluid in the fuel tank. Figured he was setting me up to get nailed at an inpsection point (it would dye the fuel red). Come to find out, B-17 engines were maintained by mechanics pouring the stuff into the engines to clean them?
Civil rights and being civily right?
(copy right 2008, all rights reserved)
By the way the rules are never "final" unless this nation has ceased to have a Congress?
So what address are you going to send your thoughts to? -
I didn't find the arguments about interstate commerce useful, if anything, restrictions on your ability to drive would constitute interference with interstate commerce?
All I am seeking is removal of the 34 hr restart requirement, and allow drivers to call in sick without fear of being fired and be able to take a 34 hr break if they so choose. I don't see why we are giving everybody in the freight business the time crunch stress and then ask drivers not to see their families for two weeks a year with no scientific bases, but only on the assumption of fear, and if we do, then in the spirit of the law you should get compensation all the way in the logistics chain, from the company with equipment to finance (warranties expire in time) to the "heavy equipment operator" or in layman terms the truck driver.
The comment about the military forcing people to drive is silly, it can't do it, even if someone at the top decided they should. The military can't force people to drive anymore than they can force anyone to show up for work (farmers, lawyers, factory workers, etc.), in theory, the whole country can starve the government by going on strike for months or years.
I saw someone wandering into to fiscal discussion in this thread, and some presidents in the past used temporary Marshall law to correct things? Isn't that the procedure if the civilians screw everything up, the military has to step in? I'll leave that for the experts?
The numbers talked about for justification of these policy regulations are largely composed of incidents that have nothing to do with fatigue. Sleep studies should be conducted on truck drivers, not volunteers that answered some ad in a newspaper by a university somewhere (they have not need to train their bodies to sleep a certain way)?
Copy right 2008, all rights reserved. -
Sorry for the typos, but this web server is running really slow. Might want to upgrade to a newer technology? Guess you get what you pay for? Have a wonderful day, be safe out there.
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No issues with the server. It could be your web browser or your internet connection. I've been having no problems with the site.
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I can let my imagination take over sometimes..perhaps my security software is blocking cookies or something. I tried to edit the post, and it just sat there with the animation "wait icon" reloading over and over. Your server might be running fine, it could be my end. I don't use this forum often, so there it is.
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What browser are you using? I've seen discussions where members have been having problems with IE lately. Firefox seems to work better for most. I'm using the Opera browser. Had to switch to that, as I was having problems even with Firefox.
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This doesnt make any sense. This is a lack of mathematical knowledge it seems. If you drive full bore each and every day, you are going to be out of hours pretty darned quick. The restart allows you to sit for a day and a half and get those hours (60/70) back. You legally can't drive 11 hours a day, each and every day without hitting the 60-7, 70-8 time limit.
*full bore driving...run out of hours very fast, then you have to wait to get driving hours back.
*restart driving...drive all out, do a restart, drive all out, restart...in the end, get more miles.
*run 8.75 hours of drive time every day and you won't run out of hours, and won't have to do a restart and you can drive every day. -
In my experience, if the 70 were changed to 80, I would never need a reset, and still get plenty of rest.
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