New Prime's Driver Training Program Dis-

criminates Against Women, EEOC Charged

and Court Agrees

ST. LOUIS - A federal judge ruled August 14

that New Prime, Inc., one the nation's largest

trucking companies, violated

federal law by discriminating

against female truck driver ap-

plicants when it required that

they be trained only by female

trainers, the U.S. Equal Em-

ployment Opportunity Commission (EEOC)

announced today.

The court found that the company, which does

business as Prime, engaged in a pattern or

practice of discrimination by denying employ-

ment opportunities to women through its same

Truck Driver Wins $150,000 Settlement After Being Unjustly Fired For This Common Occurrence

August 2014

Volume 3 Number 1

Sandy Long 2

Rickey Gooch 3

It’s That Time of Year... 4

Investigation Needed 5

Carriers May Be Impacted 6

Drivers Fact Sheet 7

Driver Stabbed 8

Healthy Living 9

Heart of Gold 10

Adjudicated Citations 12

Inside this issue:

The Treadle Valve

has been known to

malfunction in

semi trucks, buses

and RV’s

See Page FIve.

US Department of Labor's OSHA orders Gresham, Oregon,

trucking company to reinstate driver after unlawful

termination, pay back wages

SEATTLE – An Oregon trucker wrongly fired

for refusing to drive an unsafe vehicle will get

her job back, plus reimbursement for back

wages and compensation for fees associated

with the case, after an

investigation by the

U.S. Department of

Labor's Occupational

Safety and Health Administration.

"We will enforce whistleblower provisions to

the fullest extent of the law to protect employ-

ees, who should not be retaliated against for

following the law," said Ken Atha, acting

OSHA regional administrator.

OSHA has ordered Terry Unrein, an inde-

pendent trucking contractor in Gresham, Ore-

gon, to reinstate a driver fired in late 2011 for

refusing to drive a 10,000-pound truck with

inadequate tire tread on public highways.

Driving under these conditions violated fed-

eral transportation regulations enforced by the

U.S. Department of Transportation's Federal

Motor Carrier Safety Administration. Unrein

fired the driver eight days after she had the

truck's tire replaced before driving on the

highway.

The driver filed a whistleblower complaint,

and OSHA cited that the driver's termination

violated the Surface Transportation Assistance

Act's employee protection provisions.

Either party to the case can file an appeal to

the department's Office of Administrative Law

Judges. The appeal does not stay the prelimi-

nary reinstatement order.

OSHA enforces the whistleblower provisions

of more than 20 statues protecting employees

who report violations of various commercial

motor carrier, airline, nuclear, pipeline, envi-

ronmental, public transportation agency, con-

sumer product, motor vehicle safety, railroad,

maritime, health care reform, food safety, se-

curities and financial reform laws. Detailed

information on employee whistleblower

rights, including fact sheets with information

on how to file a complaint with OSHA, is

available online at

http://www.whistleblowers.gov.

Federal Judge Rules Prime

Trucking’s Same-Sex Training

Policy Violates Federal Law

Continued on page 12

Hurry Up and Wait (or A Day in the Life)

Check my log book, good,

got room to lie

It's a lost cause,

but I still gotta try

Page 2 My Truck News Volume 3 Number 1

Trish Neal, Editor

Business by Design

541-404-0724 Cell /Text

888-269-8775 Fax

Call, Text, or Email!

MyTruckNews@gmail.com www.facebook.com/FMCSA

By Sandy Long

Dispatched on a hot load need to run fast

Will have to do 1500 miles in a day and a half

Get to the shippers...not the right numbers

Broker's got dyslexia the fumbler

Call back in ten I am told, hurry up and wait.

Called back in ten, broker's gone to lunch

No one else knows anything, what a bunch

Phoned in a hour, brokers away from his desk

Rang back in fifteen, feel like a pest

Now the broker's calling customer, hurry up and wait.

Finally get the right numbers, went around to the dock

Fifteen trucks in line, drivers all watching the clock

Three hours later, eighth in a still long line

Caught up the paperwork, cleaned the truck to kill time

What do I do now, hurry up and wait.

Number two in line, angry enough to slay

Know I won't make it, no time to sleep or play

Check my log book, good, got room to lie

It's a lost cause, but I still gotta try

First in line Hurrah, hurry up and wait.

Bump the dock, loaders go on break

Don't know how much more of this I can take

Forklift runs out of gas, its 4:55 and I get amused

When the dock forman walks up, he delivers the news

"Sorry" he says "your load's been canceled",

hurry up and wait.

S Long 1999

the plaintiff, with the ruling

setting “a precedent for truck-

ing company operators.”

Read more about it from Buf-

falo Business Journal/Buffalo

Law Journal. http://

www.bizjournals.com/

buffalo/blog/buffalo-law-

journal/2014/08/landmark-

trucking-case-decided-in-

buffalo.html

FREE SUBSCRIPTION!

Send your Name, email

address, and

phone number to

MyTruckNews@gmail.com

You may also Text your information to

541-404-0724

August 25, 2014

What one media outlet calls a

“landmark decision” by a fed-

eral court pushes aside a nearly

decade-long federal protection

for vehicle leasing companies.

It's expected to affect trucking

companies whose owner-

operators are involved in acci-

dents when certain leasing ar-

rangements are used.

The case involves the Graves

Amendment, a federal provi-

sion that was ruled not to apply

in a civil case filed against a

truck’s owner in the Western

District of New York, accord-

ing to the Buffalo Business

Journal/Buffalo Law Journal.

Michael Stratton is suing over

the death of his wife in a 2009

crash that was caused by a

truck driver who was watching

pornography at the time of the

crash along the New York

Turnpike.

The driver has since been con-

victed of second-degree man-

slaughter and is currently in

jail.

Named in the suit are a number

of defendants, including the

trucker’s employer, Millis

Transfer; the tractor-trailer’s

owner, Great River Leasing;

and the parent of both Millis

Transfer and Great River,

Midwest Holding Group.

The judge ruled the parent

company, Midwest Holding

Group, can be held liable for

the actions of its affiliates,

even if the owner was not

operating the vehicle at the

time of the crash, essentially

rejecting an argument that the

Graves Amendment pre-

empts states’ vicarious liabil-

ity laws.

The Graves Amendment

granted immunity to vehicle

rental and leasing companies

by overriding the laws of

states that held vehicle own-

ers "vicariously liable" for the

acts of their drivers.

But the judge said that with

both companies being owned

by the same parent corpora-

tion, the lessor and lessee

were related by more than just

a lease agreement.

The ruling is expected to be

significant for thei ndustry,

according to the attorney for

Page 3 My Truck News Volume 3 Number 1

JOIN US AT JUSTICE FOR TRUCKERS

Rickey Gooch

Judge Rules Vicarious Liability Applies in Lawsuit

Oregon State Police— This

reminder comes as we ap-

proach November, a month

which both nationally and

locally has

the highest

number of

reported

wildlife-

related colli-

sions. OSP,

ODOT and Oregon Depart-

ment of Fish & Wildlife urge

operators to be aware of the

possible dangers associated

with animals on or near our

highways. Extra vigilance is

required. The following infor-

mation may help reduce ani-

mal/vehicle incidents:

•The annual deer rut season

typically lasts from late Octo-

ber to mid-to-late November,

increasing deer activity and

increasing the potential for

deer to cross roads.

•During the next few months

there will be fewer daylight

hours and visibility will be

challenged by darkness and

winter weather conditions.

•Be attentive at all times, es-

pecially sunset to sunrise for

any potential hazard on or

near the highway.

•When driving in areas that

have special signs indicating

the possible presence of ani-

mals/wildlife, please use extra

The annual deer rut

season typically lasts

from late October to mid-

to-late November...

Page 4 My Truck News Volume 3 Number 1

It’s That Time of Year— Deer Rut Season

Continued from Page 6

caution because these signs are

posted for a reason.

Two serious injury motorcycle

crashes this weekend report-

edly involving wildlife on the

highway are reminders for all

vehicle operators to be on alert

while traveling.

non-compliance. Such notice

was to be given to current eli-

gible employees by February

5, 2014.

Continuing notice of accrued

and unused Sick Time must be

provided to employees on at

least a quarterly basis.

Legal Enforcement:

The Protected Sick Time Ordi-

nance can be enforced through

both private rights of action by

the employee, who is entitled

to three times the dollar

amount of the Sick Time re-

fused, or through BOLI issued

civil penalties. Further, em-

ployees have a private right

of action in any court of com-

petent jurisdiction for dam-

ages from failure to follow

the Ordinance to the extent

the law allows.

The Take-home:

This is a brief summary of a

complex ordinance which

requires in depth record keep-

ing, tracking, and notice pro-

visions that will affect busi-

nesses throughout the state

and region. Many businesses

will be caught unaware of

their obligations under this

Ordinance, because they will

wrongfully assume that their

physical location outside of

the City of Portland will pro-

tect them from compli-

ance. Please take some time

to evaluate if the Ordinance

applies to your company, and

if so, protect your business by

implementing policies and

procedures to ensure compli-

ance with the Ordi-

nance. Give us a call if you

have any questions, and we

can help with your evaluation

and implementation if neces-

sary.

Source: Oregon Truck Associa-

tion www.ortrucking.org/

By Allan Nightrunner

You watch it in the movies! You see it hap-

pen in the news on TV! You read about it

happening in the news paper!

BUT WHO CARES!

When you see it on the screen it takes your

breath away! The expression of the drivers

face trying to stop a run away truck with no

brakes going down a hill or thru a building.

When you hear about it you think, what a

terrible thing to happen and why did it hap-

pen?

Most of the time it is blamed on the driver.

The driver gets charged with the accident and

the family that the driver hit or killed thinks

he needs to go to prison. Once in a while the

driver gets noted for not running over some

one while the truck had no brakes, nut loses

his life!

BUT WHO CARES!

Who does care? The truck driver that goes to

prison for the accident. The loved one of the

driver who will lose their way of life and

support for their family. The love ones of the

one who dies in the accident that is caused by

the treadle valve who will never know the

truth. The family members of truck drivers

who went over a cliff when the brakes did

not work.

THE NEWS MEDIA IS ASKING, "WHAT

IS CAUSING ALL THE BUS AND SEMI

TRUCK ACCIDENT LATLEY!" Is there a

mechanical reason that could and will cause

an accident like the ones above?

The Air Brake Treadle Valve E-6 and E-10,E

-10P YES THERE IS, one that the NHTSA

has had bulletins and recalls on starting in the

1970's and is still putting recalls out. In 2012

there were recalls in buses and trucks. One

that the CVSA did a bulletin on in Feb. 12,

2012.

The bulletin was so important that the

FMCSA entered it into their vehicle road side

inspections.

BUT WHO CARES!

I have spoken to DOT officers. They say it is

The Treadle Valve

problem is happening

more today than in the

past years.

Page 5 My Truck News Volume 3 Number 1

Who Cares?

not important even though FMCSA has it on

their vehicle inspection list.

I spoke to an officer in Kentucky that does

vehicle inspections and accidents. He said he

remembers the CVSA bulletin but it was not a

priority!

I spoke to my Governor's Office, in Missouri;

Jay Nixon's Office. They said, "Not interested

at this time." I have spoken to my Congress

Office; no response.

I have contacted lots of Congress and Senators

Offices, but never hear back. I have spoken to

the director of FMCSA and was told I would

hear something by next week, that was five

months ago.

I have spoken to NHTSA and NHTSB no

help! That was over eight years ago! Still

waiting!

I GUESS THEY DONT CARE!

I contacted the manufacturer that makes the

treadle valve and they say it's not their prob-

lem; that they have very little trouble with

their treadle valve.

I GUESS THEY DONT CARE!

Who cares if a family gets ran over by a bus or

a semi truck and gets killed? Who cares if

your daughter or son gets killed because a

truck cannot stop at a stop sign or signal light?

Who cares if a truck is about to rear end a ve-

hicle because it cannot stop. Who cares if a

busload of people going down a hill and the

bus cannot stop due to the treadle valve prob-

lem.

I CARE!!!!!!!!!!!!!!!!!!!!!!!!!!!

I am ALLAN NIGHTRUNNER! Will you

help me stop this deadly air brake problem

from causing accidents on our roads and high-

ways? It is time to care before it happens to

someone you love!

Please contact your government officials and

tell them to stop the problem before it kills

someone you LOVE!

Please contact me at 573-475-8531 or mid-

nightrunner2012@hotmail.com and on FB:

ALLAN NIGHTRUNNER

By Andrew I. Schlegel

Trucking companies with

driver's who deliver or pick

up inside the city limits of

Portland are subject to the

city's Protected Sick Time

Ordinance if any of their driv-

ers or employees spend 240

hours or more working inside

the city limits during any

given year, regardless of

whether the company's head-

quarters are inside the City

of Portland. Failure to prop-

erly track driver work activi-

ties and implement Protected

Leave policies for such em-

ployees could result in civil

penalties or private lawsuits

from covered employees.

The Basics:

On January 1, 2014, the Port-

land Protected Sick Time Or-

dinance came into effect. A

grace period was granted to

employers until July 1, 2014

before enforcement would

begin, however, that has now

passed and the City is pre-

pared to enforce the Ordi-

nance.

Under the ordinance, em-

ployers with six (6) or more

employees must provide one

hour of paid Sick Time for

every thirty (30) hours of

work performed within the

City, and employers with five

(5) or less employees must

provide one hour ofun-

paid Sick Time for every

thirty (30) hours of work per-

formed within the City. Em-

ployees are entitled to accrue

a maximum of forty (40)

hours of Sick Time in any

given year, although of course

employers are allowed to al-

low greater accrual.

Working in the City:

All employers who have em-

ployees who perform work

within the City of Portland are

obligated to provide Protected

Sick Time for the hours em-

ployees work within the City

of Portland. Work within the

city includes (but is not lim-

ited to):

Employees with their main

office located physically

within the City of Portland.

Telecommuters who work

from their home or office

which is located within the

City of Portland;

Pick-ups, deliveries, or

sales calls within the City

of Portland; and

Temporary workers who

perform work in the City

of Portland;

Not included for the purposes

of the Ordinance are:

Employees who merely

pass thorough the City of

Portland and make only

incidental stops;

Independent contractors;

and

Railroad workers ex-

empted under the Federal

Railroad Insurance Act.

Notice and Posting Require-

ments:

Employers must have a writ-

ten policy or standard for an

Employee to notify the Em-

ployer of the use of Protected

Sick Time.

Employers must display a

poster in each building and

worksite in an area accessible

to, and regularly frequented

by employees, which informs

employees of their rights un-

der the Ordinance. The no-

tice must be in English and

any other language the em-

ployer normally uses to com-

municate with employees.

Further, employers must pro-

vide all current employees

and new employees with a

notice of their rights under the

Ordinance, which must in-

clude their entitlement to Sick

Time; information on usage

of Sick Time; the prohibition

of retaliation against Employ-

ees who request or use Sick

Time; and an Employee's

right to file a complaint for

Page 6 My Truck News Volume 3 Number 1

Prevention Is The Answer

Contributed by Wes Curtis

http://www.truckercharity.org/ http://www.truckercharity.org/

Continued on Page 5

Is Your Trucking

Company

Required to

comply with the

City of Portland's

New Protected

Sick Time

Ordinance?

You May be

Surprised at the

Answer...

Page 7 My Truck News Volume 3 Number 1

The truck driver, who

was stabbed multiple

times, is being treated at a

Boise-area hospital.

Page 8 My Truck News Volume 3 Number 1

Oregon State Police (OSP),

with the assistance of the Mal-

heur County District Attorney's

Office, are continuing the in-

vestigation into the stabbing of

a commercial truck driver Mon-

day afternoon along Interstate

84 about fifteen miles west of

Ontario. The suspect is in cus-

tody and was positively identi-

fied Tuesday morning, August

26. The truck driver, who was

stabbed multiple times, is being

treated at a Boise-area hospital.

On August 25, 2014 at ap-

proximately 12:09 p.m. (PST),

OSP received a report of a stab-

bing along Interstate 84 east-

bound near milepost 358. A

commercial truck pulling two

tanker trailers containing milk

driven by CHARLES D. VAN-

ZANTE, age 63, from Jerome,

Idaho, was traveling eastbound

on Interstate 84 when, unpro-

voked, a Buick Lacrosse dis-

playing Washington license

plates driven by an adult male

began ramming the truck's die-

sel tanks.

VANZANTE pulled the

truck and trailers to the side of

the road and stopped. The

Buick's driver stopped the car

against the side of the truck, got

out and entered the truck where

he stabbed VANZANTE multi-

ple times.

The suspect fled up a hill

south of the scene and then

returned back to the truck

where he briefly engaged in a

second struggle with VAN-

ZANTE. He then was sur-

rounded by several citizens

outside the truck and con-

vinced to stay as OSP troopers

began arriving at the scene

and took the suspect into cus-

tody at gunpoint.

An OSP lieutenant and

trooper initiated emergency

medical care on VANZANTE

until relieved by medical re-

sponders. VANZANTE was

transported by air ambulance

to St. Alphonsus Regional

Medical Center in Boise,

Idaho. His injuries were deter-

mined to be non-life threaten-

ing. He was stabbed multiple

times in the chest and stom-

ach area. The knife was re-

covered.

The suspect was lodged in

the Malheur County Jail. Fin-

gerprints positively identified

him as DUSTIN LEROY

ROTTER, age 28, with a last

known address in Modesto,

California. ROTTER was

lodged on charges of At-

tempted Murder, Assault in

the First Degree, Reckless

Driving, Recklessly Endan-

gering Another Person, and

Criminal Mischief in the Sec-

ond Degree. Additional

charges may be pending. The

vehicle was confirmed stolen

out of Pasco, Washington, in

a reported carjacking on Au-

gust 24.

OSP Criminal Investiga-

tions Division detectives are

continuing the investigation.

OSP was assisted at the

scene by Malheur County

Sheriff's Office, Baker

County Sheriff's Office,

ODOT, Treasure Valley para-

medics and Huntington am-

bulance.

Photographs:

Scene photo - Oregon State

Police

Rotter photo - Malheur

County Sheriff's Office

Photograph - Oregon State Police www.oregon.gov/OSP

DUSTIN LEROY ROTTER

Suspect Arrested in Attack, Stabbing of Commercial

Truck Driver—Interstate 84 West of Ontario, Oregon

To report a missing Driver please call 720.202.5606 Please leave a message, someone will return your call .

The ultimate goal of the Missing Driver Alert Network is to locate and return drivers reported missing to their family, without loss. While we realize that this may not always be the case, we will do our utmost best to get the word out to everyone in the trucking community with that goal in mind. We will work with the law enforcement community and truckstops around the coun-try in coordinating any search to achieve this goal."

Find them on Facebook or on Twitter: @MissingTrucker

Mental Health

At some point in our lives,

many of us find ourselves in

positions where we feel over-

whelmed and unable to cope.

In fact, each year about 15

million Americans, including

more than 6 million men, ex-

perience depression. Being

away from home and on the

road can cause stress. When

you add home demands, you

have the recipe for stress,

anxiety, or depression.

Learning to identify the

symptoms of depression and a

willingness to ask for help is

important to maintaining good

mental health. The following

resources provide information

about support programs and

tips for ensuring your emo-

tional health.

The National Institute of

Mental Health

The National Institute of

Mental Health (NIMH) is a

good starting point for learn-

ing more about the signs,

symptoms, and treatments of

depression.

Importantly, NIMH can help

you get help. If you’re unsure

where to go for help – talk to

someone you trust who has

experience in mental health,

Page 9 My Truck News Volume 3 Number 1

Watch this Video on What to Do in Case Someone Has A Heart Attack

http://www.heartrescuenow.com/

www.tripcheck.com/mobile http://www.tripcheck.com

Truckers Will Be Left in the Dust

Cheyenne, WY — Motorists traveling along three sections of Interstate 25, and three sections of I-

80 were allowed to speed down the roadways at 80mph. Beginning July 2014.

Boise, ID — The Speed limit for much of Interstates 15, 84 and 86 increased to 80 miles per hour

and 70 miles per hour for trucks. A change in the speed limit hasn’t happened in nearly two dec-

ades according to the Idaho Transportation Department. The change began July 1. For the major-

ity of interstates 15, 84, and 86, the speed limit will increase. The speed limit in the urban areas of

the Treasure Valley, between Caldwell and east Boise, as well as through Pocatello and Idaho

Falls, will remain at 65 mph.

Utah and Texas also have highway speeds in excess of 75mph. Truck Drivers should check

whether there is an increased speed for trucks in those states. Be safe out there!

like a doctor, nurse, or minis-

ter. NIMH provides more

information about the types of

people and places that will

make a referral to, or provide,

diagnostic and treatment ser-

vices.

It takes courage to ask for

help. Learn about depression

in men and women and

the stories of men and

women who’ve had the cour-

age to ask for help.

http://www.drivinghealthy.org

“The net result of regula-

tion was forcing people out

of business and constrain-

ing capacity even further”

A deadly problem that is

taking the lives of so

many people in fatal

accidents on our roads

and highways day after

day, night after night.

Page 10 My Truck News Volume 3 Number 1

Special to My Truck News

By Janice Pritchard

There are many of you who know him and

there are many of you who don't but the ones

that do they know he is a kind-hearted, help-

ful person always wanting the better of those

he comes in contact with and that is a quality

that makes him outstanding to have in our

lives.

He has devoted the last ten years of his life

working on a serious brake problem that is in

semi trucks, buses, and RV's. A deadly prob-

lem that is taking the lives of so many people

in fatal accidents on our roads and highways

day after day, night after night.

Through my experiences of being associated

with him I know that he is the most patient

man I have ever met and the most kind and

caring human being to have lost everything

that was dear to him. Allan was involved in a

semi accident that was not his fault and

through the years it has destroyed his whole

means of living, but he still pushes on trying

to get someone to listen to him.

He wants so much to stop this deadly prob-

lem, not only for himself but for others that

are out there every day on our roads and high-

ways.

So many of us think that this cannot happen

to us but we are wrong. Accidents happen

every day!! There has been so much literature

that Allan has written and put out there to

help warn people of this deadly brake prob-

lem but it seems that no one takes the warn-

ing; and they won't until they fall victim of

this deadly catastrophe!!! It only takes a sec-

ond to be out there and only a second to be-

come a victim!!

Since I have become to know Allan I have a

different outlook on the way I see life and

how a tragedy can affect someone's life. All

the kindness that I have found in a person that

is still so generous even though this has taken

away his way of living shows me that there

are some people out there that still believe

that they can make a difference in someone's

life no matter how hard their life is. People

who are willing to keep going, to keep giving to

others even though everything they had has

been taken away, if only this world had more

people like him, I know it would be a better,

safer place to live!!

Maybe someday everyone will join in with

Allan to help stop this catastrophe from happen-

ing to anyone else, but until then he assures me

that he will continue pushing harder until this

deadly brake problem no longer exists. Allan

knows we all have too many loved ones that

travel on our roads and highways and he will

not stop working on this deadly problem.

Allan feels that everyone should know about

this so the problem can be fixed in order to

make sure that it does not happen to anyone

else. Pick up your newspapers, watch the news,

sit at your computers, everyday that goes by you

can see the accidents happening and this year

they will happen alot more!!!!

Time is so precious when you have the knowl-

edge in hand to know that this problem is out

there and it is real and no one wants to accept it!

As I have listened to his story I can't imagine

the pain he must be going through every day

when he looks back at his life and how it used

to be. I know he must have been horrified living

through the events that led up to his accident.

Just an ordinary trucker starting his day just like

everyone else does day after day not knowing

that he was in for a ride that was going to take

away all that was precious to him plus the pain

of taking an innocent person's life too. My heart

aches for him just to think about the pain and

suffering he must be going through on the inside

and to know that he has carried this pain with

him for ten long years brings so much emotion

and heartache to me when I think about it.

No one should have to endure this much pain

and loss in their life, but God only gives his

hardest battles to his strongest soldiers!! Allen

is a strong believer of what is right and for the

goodness and kindness of man even though this

world has shown him that life can stop in the

blink of an eye.

I am thankful that I was given the opportunity to

come in contact with Allan and share the experi-

ABANDONED TRUCKER STILL HAS A HEART OF GOLD

I think I made a believer

out of him that every time

a truck rolls in for

maintenance of any kind

to be sure to check the

treadle valve.

Page 11 My Truck News Volume 3 Number 1

ences of someone that is so determined to make

a difference in this fast moving world that we

live in. He is a special person. He has opened

my eyes to what is so sacred and special in life,

the joys of being there for someone in need, the

ability to give without wanting to receive, the

pleasure of watching him care for others, and

the ability to stay strong with it seems as if the

whole world is against you!!!! I just want to

leave you all with the question of , "What would

you do?" Would you give up knowing that your

life was put on hold for so many years because

of a mechanical failure? To go through life

knowing that no matter how much you tried to

avoid it you could not stop the chain of events

because of a defective brake valve that was not

going to work no matter what you did at the

time of the accident?

Please everyone, read up on the articles that

Allan has written and continues to write. Check

out websites about the treadle valve and the

dangers it can cause if not working properly!

Join Allan in his fight to bring to justice a

deadly brake valve problem that is taking the

lives of so many innocent people, help him save

the life of someone you love, someone you

would not want to go through life without!!! To

the world you may be one person but to one

person you may be the world!!

________

Editor’s Note: Allan Nightrunner has been

focused on the treadle valve issue for some

time. I came to meet him (by phone) a year or

so ago. Once I read the information that he pro-

vided to me, I knew this was a serious problem.

Knowing that he had personal experience made

it even more critical that the word get out there.

So we have provided this e-zine as a venue for

Allan’s information. (See the new article in this

month’s issue.) I have also distributed informa-

tion to trucking and bus companies as much as I

am able.

I’ve been met with appreciation for the informa-

tion. But, I’ve also been met with indifference.

And then there are the carriers who tell me that

they are sure that their mechanics have this in-

formation and hand it back to me. Really???

You don’t know for sure? ? You are assuming

they know???

Even when shown the FMCSA Bulletin, there’s

still apathy from too many. The indifference

and the assumptions are the ones that make me

wonder. It’s probably no wonder that we’ve

become the “Nanny Nation” in that the govern-

ment has to step in when simply making this an

additional step in maintenance would work.

FMCSA has included this as one of the items to

be checked during a roadside inspection. Yet,

too many times we here it isn’t a priority. So

the treadle valve is not checked!

I stopped by one of our local truck repair shops

to drop off the information from Allan. The two

owners told me that yes, they see the treadle

valve issue quite frequently. They appreciated

the information.

The next day I received a call from one of the

owners. He was dumbfounded to find that very

problem in the truck that he was working on the

day before. But that wasn’t what the truck was

in the shop for and so he wouldn’t have looked

for that had I not stopped by. I think I made a

believer out of him that every time a truck rolls

in for maintenance of any kind to be sure to

check the treadle valve.

If every mechanic would do the same, perhaps

this would get the attention that it needs to

have. Yes, it is getting attending at the federal

level but if it isn’t a priority, it must become a

priority at the local level. At least that me-

chanic can go to sleep at night knowing that he/

she may have saved a life and saved the driver

from the awful nightmare of having killed

someone because of one defective part that

continues to be installed in new trucks every

day.

Roberts Clouse, the EEOC filed suit

against Prime again. The EEOC charged

that Prime's policy of assigning female

trainees only to female trainers discrimi-

nated against Clouse and all other female

applicants for truck driver trainee posi-

tions because of their sex. Because Prime

had very few female trainers, this practice

resulted in female trainees waiting ex-

tended periods of time, sometimes up to

18 months, for a female driver to become

available, which resulted in most female

drivers being denied employment. Male

applicants were promptly assigned to

male trainers.

Andrea G. Baran, regional attorney of the

EEOC's St. Louis District, said, "While

Prime would like to claim it was protect-

ing women, its policy denied employment

opportunities to them. Women are en-

-sex trainer policy, according to the ruling

in EEOC and Clouse v. New Prime, Inc.,

No. 6:11-cv-03367 MDH (W.D. Mo.).

In motions filed with the court earlier this

year, the EEOC sought to have the court

rule that the policy was discriminatory as a

matter of law. Prime sought to have the

case dismissed on several grounds. The

court rejected all of Prime's motions and

ruled that the company's policy violated

Title VII of the Civil Rights Act of 1964

because it discriminated against women.

Prime adopted its policy in 2003 after it

was found in a previous EEOC lawsuit to

have violated Title VII based upon the

sexual harassment of one of its female

driver trainees. In September 2011, based

on a discrimination charge filed by Deanna

http://www.tripcheck.com

Page 12 My Truck News Volume 3 Number 1

Continued from page 1

Changes to the way FMCSA records adjudicated citations

are effective as of August 23, according to a recent agency an-

nouncement.

The changes allow states, for the first time, to include the

results of adjudicated citations emanating from roadside in-

spection data collected in the Motor Carrier Management Infor-

mation System (MCMIS). The system will now accept info

demonstrating that a citation was dismissed or resulted in a

finding of not guilty; resulted in a conviction of a different or

lesser charge; or resulted in conviction of the original charge.

The move to revise the process, first announced in June,

comes in response to industry complaints that companies and

drivers are frequently penalized for violations which have been

favorably adjudicated. Inspection reports routinely include

Adjudicated Citations Now Included in FMCSA Records

data which are recorded as “violations” in instances where the

driver has been found not guilty or the charges have been dis-

missed, and sometimes even in cases where no citation has been

issued.

In order to affect a change in the database, an individual will

need to submit “certified documentation” of adjudication results

through a Request for Data Review (RDR) via FMCSA’s

“DataQs” data correction system.

Contrary to requests made by several industry groups, FMCSA

will not apply the changes retroactively. The new policy applies

only to citations arising from roadside inspections occurring on or

after August 23, 2014. FMCSA said including past citations

would “exhaust” and “drain” state capabilities.

While acknowledging concerns expressed by some comment-

ers that the system continues to

rely too heavily on inconsistent

state actions and interpretations of

data, FMCSA has said only that

it will “continue and increase its

outreach efforts” to educate state

officials.

For more information about this

and other transportation issues

contact Earl Eisenhart

at info@insidefmcsa.com.

tirely capable of understanding and as-

sessing the risks of truck driving. But one

of those risks should not be sexual harass-

ment. Employers should prevent sexual

harassment through training and strict

enforcement of effective anti-harassment

policies, not by segregating male and fe-

male employees."

The case is pending in U.S. District Court

for the Western District of Missouri in

Springfield, Mo., and will now proceed

with determining damages and remedies

for the class of women who were harmed

by the policy.

The EEOC is responsible for enforcing

federal laws prohibiting employment dis-

crimination. Further information about the

EEOC is available on its web site at

www.eeoc.gov.

Open 7 days a week — 8am to 6pm