Announcement for the Rally in DC
President Abraham Lincoln created the Emancipation Proclamation for the purpose to change the federal legal status of more than 3 million enslaved people. The irony is that there are 3.5 million truck drivers that the U.S. relies on to keep our country prosperous. Nearly half of them are living out of their trucks for the majority of their career. Today we are fighting to keep federal regulations from treating us as if we are owned like slaves. Not just for truck drivers but for the rights of all Americans.
" this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth." - President Abraham Lincoln, Gettysburg Address, November 19, 1863
Perhaps, we shall keep it "by the people, for the people", because it's about the people.
Truck Rendezvous Point
Our meeting place for large trucks is in Hagerstown, Md. Interstate 81 exit 5b there are 2 truck stops. The AC&T and the Pilot Travel Center. They are located about 72 miles northeast of Washington DC. About 1 hour and 22 minutes from DC. Overflow parking is available at the Flying J truckstop in Virginia I-81 exit 323, TA travel center in Pennsylvania I-81 exit 5.
You may catch a GreyHound bus out of Hagerstown.
Maryland Public Transportation
Our Rally Point in DC
We will be at the Ellipse, which is off from
(U.S. 50) Constitution Ave NW and 16th St NW
directly south of the White House.
7:00am to 7:00 pm Tuesday, Wednesday and Thursday
October 3rd,4th and 5th
We are going to rally against unfair and unrealistic regulations.
For this rally to work we need as many people as we can get to attend.
We have plans on creating a great deal of influence with everyone's
participation. Yes, we do realize that we have been keeping the plans
for the final outcome a secret and that's because we have had opposition
that wants to see us fail by trying to interfere with our plans.
Reasons that drivers are opposed to the forced mandate for the use of ELD's
Operation Black and Blue was organized for the key issue of ELD's. Our primary goal is to eliminate the mandate for the use of ELD's. The Hours of Service rule is our second most important issue at this time. Listed below are the reasons that we are opposed to drivers, owner operators and trucking companies being forced to use ELD's.
Electronic Logging Device (ELD)
Hours of Service (HOS)
Federal Motor Carrier Safety Administration (FMCSA)
Federal Motor Carrier Safety Regulations (FMCSR)
Issues covered in this section:
Inability to be 100% in compliance
1) They are forced. The simple fact that a government entity or even the members of the 112th Congress have made the presumption that they need to decide what is best for the individual is as anti-American as it gets.
2) Constitutional Rights. The Supreme Court has made a decision, that couldn't come at a less opportune time, to not hear OOIDA's case about the lack of Constitutional merit of the mandate for the use of ELD's. The truck drivers of the U.S. have decided that forcing trucking companies and drivers to use Eld's is a clear and evident violation of our Constitutional Rights.
Amendment 4, the right to privacy. The ELD is a violation of privacy due to the fact that it is as much as a tracking device as it is a control device to force drivers to maximize the utilization of their available hours. This invasion of privacy restricts a driver from getting rest when it is needed because companies will have a stronger capability of tracking the driver and harassing them when they stop for necessary rest breaks. It is an invasion of privacy, because all of the drivers information will be wirelessly transmitted and who knows where it could end up. Many devices are manufactured with cameras and microphones in them and that eliminates the certainty that drivers are not being watched or listened in on while having conversations with other people in person or on the phone. The eight pieces of documentation rule will require drivers to keep receipts for their personal purchases to be in compliance and that violates their privacy in regards to the types of purchases that they make.
Amendment 5, the right to not self incriminate. The trucking industry has screamed from the top of it's lungs that there is a serious shortage of parking spaces for the amount of trucks on the roads. No one has addressed this issue and yet, they have created an inhospital working environment where truck drivers will be stressed trying to locate safe and legal parking spaces. Many people like to inform drivers that they just have to plan better. Now how are you going to plan for the unexpected traffic delays, the extra long DOT inspection, or any of the other things that may affect a driver's ability to get parked safe and legal by the time that their 14 hour clock runs out? More importantly, the parking shortage is real. Therefore, drivers are now in a situation where they are competing for what parking spaces are available. In that scenario someone has to lose.
A panel of owner-operators and drivers on the final day of the Great American Trucking Show
"Attendees at the panel responded to ask panelists just what to do to avoid incriminating themselves in a situation where a search for parking — hard to come by in many areas, depending on the time of day — causes drivers to exceed daily driving or on-duty maximum limits. You can’t avoid such incrimination using an ELD, said FMCSA enforcement division specialist LaTonya Mimms."
Amendment 5, Property Rights. To force an individual(s) to install an ELD in their personal property that they own is taking ownership to that property. The federal government is requiring, by law, that all truck owners must install an ELD in their property against the will of the owner and they are doing so without "just compensation" of the property.
Relative to ELDs potential to infringe on truckers’ privacy, FMCSA argues that’s simply part of being a truck driver. Trucking has a “‘long tradition of close government supervision,’”
The FMCSA has admitted that the regulations violate the individual's rights. Many people have argued that the trucking industry surrendered the Constitutional Rights of truck drivers in 1938 in attempt to gain security from abusive trucking companies that have notoriously pushed drivers too hard. The U.S. Constitution is Supreme Law. Nothing can override the U.S. Constitution and the notion that past generations can surrender the rights of future generations of an entire industry of drivers is preposterous. Each individual is born a Natural person under Natural Law and nothing can take away their rights and freedoms. To claim such a thing is to excuse discriminatory behavior. If that is the case or thought in this matter then the truck drivers of the U.S. are claiming back their rights. They don't need to be over regulated by the standard of trucking nearly a millennia ago. Just because a person chooses to live and work in civilized society doesn't mean that that person surrenders their Constitutional Rights.
Hours of Service, Due the continuous running 14 hour clock combined with ELD's, truck drivers are prone to increased stress levels and have an increased chance of going into hours of service violation due to the lack of parking.
Self certification, The FMCSA has required trucking companies and owner operators to install the ELD's in their truck(s). They have established specific requirements for the manufacture of ELD's. However, they have not established a vetting system to certify that the ELD's available on the market meet the mandatory requirements. Therefore, trucking companies are at risk of purchasing inferior products, which will jeopardize their ability to be in absolute compliance with the law and suffer the burden of an excessive cost to replace the ELD equipment.
Coercion Prohibited 390.6 of the FMCSR , The coercion rule requires the driver to file a report within 90 days of the incident and the driver must provide the evidence of the action for prosecution to the offender. This is another absurd ruling from the FMCSA. How will a driver adequately provide incriminating evidence to the FMCSA? The FMCSA has acknowledged that the driver will be exposed as the complainant. Therefore, drivers are going to be reluctant to file a complaint against their employer. The coercion rule is a necessary created for the sole purpose to skirt a court ruling against the FMCSA and is a weak attempt to address a serious problem.
ELD falsification, Drivers that are currently using ELD's are manipulating their hours of service by logging themselves off duty or in the sleeper berth while they are supposed to be logged in on duty, due to the fact that they are performing a job function. There is the idea that a driver can log out of the ELD and log in as someone else (a fictitious person) and continue driving. This referred to as a "Ghost Driver". This may an effectual form of cheating because law enforcement officers will be paying less attention to drivers logs with the increasing use of wireless communication at inspection points.
ELD's are not tamper proof, the device is a computer with all of the ports that you would expect to find on any computer. A software engineer could easily write a software program and install it in the ELD device to create an editing program that no one may detect. Like any other computer device the ELD may be hacked remotely.
Freedom of Movement, due to strict regulations and close monitoring with the use of ELD's drivers are going to be forced to choose less than desireable parking areas. Their restrictions are forcing them to stop in high crime areas, as opposed to going to a more comfortable and secure area that provides them with the true rest and relaxation that they deserve. There have been too many cases that truck drivers have loss their lives because of criminal activity that they could not escape.
Questionable Safety Improvements, What proof has the FMCSA given that the forced use of ELD's will be effectual for safety? The FMCSA has been in existence for 17 years and in those 17 years the injury and fatality rates that occur in accidents that involve large trucks have not decreased. In fact, the FMCSA doesn't know what the percentage ratios are when it comes to determining how many large trucks are at fault for the accidents that occur. They have operated under the assumption that large trucks are always at fault and they have articulated that claim in the trucking industry, with lobbyist, and with the general public. While trucking companies are showing improvements to being in compliance the fatality rates in accidents involving large trucks have been increasing. In 2014 the FMCSA stated that since 2009 fatality rates in accidents involving large trucks have increased 18% (Anne S. Ferro) and truck occupancy rates have increased 40% (Daphne Jefferson).
© Operation Black and Blue 2017
Washington DC Rules to follow
We are going to DC so that our voices will be heard on the matters that bother us most. Of course, we plan on conducting ourselves in a manner that is respectful to ourselves and others. That includes disposing of our trash in a proper trash receptacle and treating our fellow human beings with the utmost respect.
Below are common sense laws that we all should have no problems following
Title 22 Chapter 13 § 22–1321. Disorderly conduct.
(a) In any place open to the general public, and in the communal areas of multi-unit housing, it is unlawful for a person to:
(1) Intentionally or recklessly act in such a manner as to cause another person to be in reasonable fear that a person or property in a person’s immediate possession is likely to be harmed or taken;
(2) Incite or provoke violence where there is a likelihood that such violence will ensue; or
(3) Direct abusive or offensive language or gestures at another person (other than a law enforcement officer while acting in his or her official capacity) in a manner likely to provoke immediate physical retaliation or violence by that person or another person.
(b) It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct, with the intent and effect of impeding or disrupting the orderly conduct of a lawful public gathering, or of a congregation of people engaged in any religious service or in worship, a funeral, or similar proceeding.
(c) It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct with the intent and effect of impeding or disrupting the lawful use of a public conveyance by one or more other persons.
(c-1) It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct in a public building with the intent and effect of impeding or disrupting the orderly conduct of business in that public building.
(d) It is unlawful for a person to make an unreasonably loud noise between 10:00 p.m. and 7:00 a.m. that is likely to annoy or disturb one or more other persons in their residences.
(e) It is unlawful for a person to urinate or defecate in public, other than in a urinal or toilet.
(f) It is unlawful for a person to stealthily look into a window or other opening of a dwelling, as defined in § 6-101.07, under circumstances in which an occupant would have a reasonable expectation of privacy. It is not necessary that the dwelling be occupied at the time the person looks into the window or other opening.
(g) It is unlawful, under circumstances whereby a breach of the peace may be occasioned, to interfere with any person in any public place by jostling against the person, unnecessarily crowding the person, or placing a hand in the proximity of the person’s handbag, pocketbook, or wallet.
(h) A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, imprisoned not more than 90 days, or both.
acceptable noise levels:
First Amendment Protests
o First Amendment demonstrations – including union protests – cannot be cited as a noise
disturbance unless all of the following conditions are met:
§ The noise is made between 7 am and 9 pm on Mondays through Saturdays;
§ A noise measurement can be taken from the inside of the nearest occupied residence in a
district zoned R-1A, R-1B, R-2, R-3, or R-4; and
§ The noise measurement exceeds 80 dB.
Commercial/ manufacturing zone Day 65 DBA Night 60 DBA
Industrial zone Day 70 DBA Night 65 DBA
Residential, Special purpose, workforce zone Day 60 DBA Night 55DBA