Our next Tale presented itself while I was driving thru the state of Virginia. I was traveling north on I81 and while most of the time I travel straight thru, this time I could tell that I needed a short break. I stopped at the rest area at mile marker 129 and headed for the designated truck parking. Being as tired as I was, I didn’t notice a particular sign posted, and went straight to bed.
After waking up and getting things ready to go, I finally noticed the sign posting a 2 hour parking limit. That’s right, a 2 hour parking limit in the designated truck parking of this rest area. Are you kidding me? Is this really what I was seeing? I couldn’t help but now, begin to question whether or not I was really awake(lol). Could this be real? A 2 hour time limit? To make sure that it was no joke, I got out and took a picture of this sign, as well as some trucks that were parked in the designated parking spots(mine being the truck on the far right). I wanted to make sure that I was seeing what I thought I saw so that later I could reflect on this picture the next time I stopped into this rest area. Thank god I didn’t receive a parking ticket for exceeding the time limit that day, that would’ve definetly added to my frustration that has been adding up because of the mounting economic disaster that we now face.
It was a warm, beautiful day and the sun was shining and I still had time left in my 14 hour clock to drive. So I updated my logbook and begin to drive the rest of my day setting aside what I had discovered in this Virginia rest area to deal with at another time. After all, I did have a load to deliver and responsibilities come first(that is my integrity). Besides, what could I do about this today? As I continued my drive, all of the things that I understand about the Federal Motor Carrier Safety Regulations(FMCSR) continued in my mind and made no sense. Under what jurisdiction does the state of Virginia have the right to force drivers to make a choice of which law they will have to violate, FMCSR Hours Of Service regulations or law of the state of Virginia?
In the Code of Federal Regulations(CFR) Title 23 section 658.19(A), “No state may “ENACT OR ENFORCE” any law denying reasonable access to vehicles with dimensions authorized by the STAA between the NN(National Network) and terminals and facilities for food, fuel, repairs and rest”. The only access to the rest areas are from the Interstate, not to mention that these are the roads that we paid for with our taxes. So why do they have the right to create this contridiction in the application of the law? Or do they?
FMCSR regulation 395.1(g), defines the regulations for when a driver must enter their sleeper berth. After driving 11 hours maximum in a 14 hour period, a driver “MUST HAVE BEFORE DRIVING”… 395.1(g)(1)(i)(A)(1) at least 10 consecutive hours “OFF DUTY”, 395.1(g)(1)(i)(A)(2) at least 10 consecutive hours of “SLEEPER-BERTH” time or 395.1(g)(1)(i)(A)(3) a combination of consecutive “SLEEPER-BERTH” and “OFF DUTY” time amounting to at least 10 hours.
Now there is a split sleeper-berth provision regulated by the FMCSR, sections 395.1(g)(1)(ii)(A)(1&2),(B)&(C) which only applies under these specific conditions(please see regulations for those conditions). In order for the only one of these conditions to be applicable a driver must be on the second part of their “SPLIT” in their “SLEEPER-BERTH”, and only then will a driver be able to be compliant with both the FMCSR regulations and the state of Virginia’s law. Considering the complications that are involved and the policies of some of the major carriers in the industry, you will not find but maybe a handful of drivers that even understand this provision, let alone, use it. So for the state of Virginia to find justification for applying this time limit on commercial vehicles is, by far, a misuse of the law and their authority.
The state of Virginia, in applying this time limit, is forcing drivers who have complied with FMCSR sections 395.1(g)(1)(i)(A)(1,2,3,4),(B) or (C) to either violate the state law and risk getting a parking ticket or violating a Federal Regulation and risk not only getting a ticket and being put out of service, but as well, risking the possibility of causing an accident potentially killing one or more people, due to being tired yet not wanting to get a parking ticket that will go on their record and reflect their position as a driver, affecting their income for their family, and the company that they work for.
So ask yourself this, “Which would you choose”? “Why should you have to choose”? And what of the regulations that you “MUST” follow according to the FMCSR? Isn’t it a contridiction in the law to have a situation where your only choice is to break the law, no matter which choice you make? What makes the people who pass these laws think that this is an acceptable situation? If I’m correct, there is a statement within The Constitution/Bill of Rights that prohibits any law to be passed that contridicts another law creating the type of situation that we now face in Virginia, as well as the right of protection within the existing laws. Why do the agencies that are supposed to monitor these regulations(FMCSA, GovDOT, FHWA, ATA, CVSA and VADOT), not maintain the enforcement and prevention of these double-sided laws, with financial discipline attached, so as not to contridict itself? When are the American People going to start “CARING ENOUGH” to stop allowing our representatives to continue treating us this way, while they waste “OUR MONEY” on such back-sided revenue generating manipulation?
I, and many others, continue to ask the questions, “What has this country become”? This is The United States of America isn’t it?. Land of the Free? Home of the Brave? Where justice is served? Not manipulated to the conditional monitary consequence of “GUILTY NOW, PAY NOW, BUT NO REFUND EVEN IF YOU PROVE YOURSELF INNOCENT”?
If this is not one of the most blatent, manipulated, perversions of our legal systems that has become so fashionable for some of our legal authorities to do for money, I don’t know what is. As each day passes, more of these types of laws are enforced without questioning their legality, without holding our law enforcement accountable to its required set of rules and policies. If I’m not mistaken, I believe our forefathers fought against this same type of tyranny and perversion of authority, holding in their hearts the ideology of something right and just. Something, in writting, to prevent this type of abuse of power that caused servatude and opression deep within the people of this country. Except they stood up and spoke out.
We have a living word, The Constitution of the United States of America, and for the people of this country to turn their backs and allow our government to continue it’s onslaught of the very foundation that we have believed in and fought for with some people even paying the ultimate price, only to have it taken away in front of our very eyes by the people that we select to represent us, is an insult to the people that made that decision and commitment to bring it to life. Our Forefathers. For us not to maintain and question any of our governments decisions, is to give them full authority to continue on the path that they are on, taking our freedoms and liberties, our inaliable rights that we inherited from the people that protect, and have protected, those very same words in The Constitution.
Now I ask you, to share your opinion, cares and concerns regarding this type of behavior from the people that we pay to represent us, protect us and “Insure Domestic Tranquility”
Remember This,
“We build it, We fight for it, We pay for it, We live it”
“This Is Our Country”
Be Safe, God Bless…Michael JB Schaffner
