Truckers Revolution of 2017
There are so many people saying that drivers that oppose the ELD mandate are just wanting to run illegal or that the mandate doesn't violate our Constitutional Rights. These individuals are the weak minded. brainwashed, followers of the ATA that believe that just because the government has authority means that government is right, which they're not.
Let's put matters into perspective by looking at the term "De facto Law". The term de facto means to be illegitimate or illegal. Therefore, to make a law that violates Constitutional law would be a de facto law. It is illegitimate or illegal due to the fact that there is no law that supersedes Constitutional Law.
The very act of pulling over a semi-truck under the pretense that the driver may be driving illegally is a clear violation of that person's 4th Amendment Constitutional Right. The concept of unreasonable searches and seizures is to prevent people from being harassed by the authority of the government. The only time that a person's log book needs to be examined is when that person may have been involved in a crime, or a traffic accident. Oh, but wait, now we have another Constitutional issue. Your 5th Amendment Right, to not self-incriminate. Some say that it's not self-incriminating to present a logbook to a police officer. Now, how do they come to that conclusion? The way I see it, if that document can be admissible evidence in a court of law then it is a violation of our Constitutional Right to not self-incriminate. If an officer can give testimony to what he read in the logbook then it is a violation of our Constitutional Right. If you can be fined for anything documented in the logbook then it is a violation of our Constitutional Right. We're not even getting into the fact that the ELD is tracking you or that you are required to keep 8 pieces of documentation to back up the logging device, which will violate your Rights because you will have to keep receipts of personal purchases to be in compliance with the law.
In their 2015 legal brief to the 7th circuit court, the FMCSA has claimed that truck drivers should have a lower expectation of privacy while on the job due to the fact that trucking is a highly regulated industry. They based their assessment on a 1987 case New York v. Burger. There is a big difference between a once in a while random inspection as opposed to the harassment that drivers get by being inspected on a daily basis. In September 2017 at the GATS ELD driver panel, the FMCSA was asked what can a person do to avoid incriminating oneself when a driver cannot find parking before running out of time? Latonya Mimms (FMCSA Enforcement Division Specialist) responded that you can't prevent such incrimination using the ELD. In 2011 the 7th circuit court did not address the Constitutional issue of the case that OOIDA brought up. They instead addressed the issue of harassment. In January 2017 the Supreme Court also chose not to hear the Constitutional argument that OOIDA attempted to bring to their attention. They know that they are violating our Constitutional Rights and they do not want to admit that. If we have lost any of our Constitutional Rights due to our career choice then I want to know what law have they passed to declare that? Furthermore, The issue of ELD's is all about crony capitalism. It has nothing to do with safety.
Herd mentality is a term for when animals attempt survival at the expense of others in their species. Penguins will push other penguins in the water to check for predators before jumping in. Grazing animals will reposition in the herd to leave other members in more vulnerable positions to avoid being preyed upon. How are humans any different? we're not. We see it all of the time with humans. People will not take action unless someone else is doing it first. People look to limit their risk and will do that at the expense of other humans. Then there are those that do not function in the masses. There are those that would much rather run with the pack. Predatory humans, the type that would rather prey on the masses. The predatory type that would like to get laws passed at the expense of others for monetary gain. Herd mentality is why we always fail in our attempt to fight back at predatory humans. If you haven't noticed, our government uses fear to control us. That is how we remain divided. What have you heard from them when you are in opposition to a law? Comply or we will fine you. Comply or we will take away your license to drive. Yes, they use your fear of losing something against you. Why do you think that they are not putting trucks out of service for not being in compliance with the ELD mandate until April of 2018? Because they are afraid that they have overplayed their hand on us. They know that trucking companies are not going to be in compliance in time because we don't want their stinking mandate. We already have them up against the ropes. Now we need to deliver a final blow.
I invite you to join me on December 18, 2017, to stop rewarding people that support this illegal action with our work. Trucking companies that didn't stand up against this mandate don't deserve our support any longer. Elected officials that won't fix these issues for us can deal with the masses when the transport of goods is limited due to the majority of drivers vacating the industry. The only way people will know our pain is when they feel our pain. The time has come for the American truck driver to stop taking this abuse from our elected officials, that won't listen to us, from the FMCSA that wishes to rule by force over us, and by a society that doesn't appreciate the sacrifices that we make to do the job. We need to stop them from lording over us, telling us how to do the job that they know nothing about, and they themselves will not do. I ask you to inform your employer, or brokers and members of Congress that you will not drive come December 18th due to the ELD mandate, the 14 hour rule, and the 30 minute break. It's not a strike. It's a matter of drivers have had enough and collectively we have decided that we as individuals don't wish to drive until these issues are fixed. No one can force us to work when that is what we decide.
Thank you and God bless
John C. Grosvenor
Resources:
https://www.change.org/p/truckers-united-for-freedom-repeal-the-eld-mandate-and-the-14-hour-rule
http://thelawdictionary.org/de-facto/
http://www.ccjdigital.com/fmcsa-issues-60-page-legal-defense-of-eld-mandate-responds-to-drivers-privacy-concerns/
http://www.landlinemag.com/story.aspx?storyid=66995#.Wf8kZ9OPI2w
http://www.truckaccidentattorneysroundtable.com/blog/rehearing-denied-for-challenge-to-fmcsa-eld-mandate/
http://caselaw.findlaw.com/us-supreme-court/482/691.html http://www.overdriveonline.com/no-more-catching-up-the-log-book-with-elds-a-paradigm-shift-that-raises-numerous-issues/?utm_source=daily&utm_medium=email&utm_content=09-20-2017&utm_campaign=Overdrive&ust_id=559e5d52f7d25e6913a0e1cd12989b8f
https://eldmandatefacts.com/texas-eld-exemption-leeways/
© Truckers United For Freedom 2017
Let's put matters into perspective by looking at the term "De facto Law". The term de facto means to be illegitimate or illegal. Therefore, to make a law that violates Constitutional law would be a de facto law. It is illegitimate or illegal due to the fact that there is no law that supersedes Constitutional Law.
The very act of pulling over a semi-truck under the pretense that the driver may be driving illegally is a clear violation of that person's 4th Amendment Constitutional Right. The concept of unreasonable searches and seizures is to prevent people from being harassed by the authority of the government. The only time that a person's log book needs to be examined is when that person may have been involved in a crime, or a traffic accident. Oh, but wait, now we have another Constitutional issue. Your 5th Amendment Right, to not self-incriminate. Some say that it's not self-incriminating to present a logbook to a police officer. Now, how do they come to that conclusion? The way I see it, if that document can be admissible evidence in a court of law then it is a violation of our Constitutional Right to not self-incriminate. If an officer can give testimony to what he read in the logbook then it is a violation of our Constitutional Right. If you can be fined for anything documented in the logbook then it is a violation of our Constitutional Right. We're not even getting into the fact that the ELD is tracking you or that you are required to keep 8 pieces of documentation to back up the logging device, which will violate your Rights because you will have to keep receipts of personal purchases to be in compliance with the law.
In their 2015 legal brief to the 7th circuit court, the FMCSA has claimed that truck drivers should have a lower expectation of privacy while on the job due to the fact that trucking is a highly regulated industry. They based their assessment on a 1987 case New York v. Burger. There is a big difference between a once in a while random inspection as opposed to the harassment that drivers get by being inspected on a daily basis. In September 2017 at the GATS ELD driver panel, the FMCSA was asked what can a person do to avoid incriminating oneself when a driver cannot find parking before running out of time? Latonya Mimms (FMCSA Enforcement Division Specialist) responded that you can't prevent such incrimination using the ELD. In 2011 the 7th circuit court did not address the Constitutional issue of the case that OOIDA brought up. They instead addressed the issue of harassment. In January 2017 the Supreme Court also chose not to hear the Constitutional argument that OOIDA attempted to bring to their attention. They know that they are violating our Constitutional Rights and they do not want to admit that. If we have lost any of our Constitutional Rights due to our career choice then I want to know what law have they passed to declare that? Furthermore, The issue of ELD's is all about crony capitalism. It has nothing to do with safety.
Herd mentality is a term for when animals attempt survival at the expense of others in their species. Penguins will push other penguins in the water to check for predators before jumping in. Grazing animals will reposition in the herd to leave other members in more vulnerable positions to avoid being preyed upon. How are humans any different? we're not. We see it all of the time with humans. People will not take action unless someone else is doing it first. People look to limit their risk and will do that at the expense of other humans. Then there are those that do not function in the masses. There are those that would much rather run with the pack. Predatory humans, the type that would rather prey on the masses. The predatory type that would like to get laws passed at the expense of others for monetary gain. Herd mentality is why we always fail in our attempt to fight back at predatory humans. If you haven't noticed, our government uses fear to control us. That is how we remain divided. What have you heard from them when you are in opposition to a law? Comply or we will fine you. Comply or we will take away your license to drive. Yes, they use your fear of losing something against you. Why do you think that they are not putting trucks out of service for not being in compliance with the ELD mandate until April of 2018? Because they are afraid that they have overplayed their hand on us. They know that trucking companies are not going to be in compliance in time because we don't want their stinking mandate. We already have them up against the ropes. Now we need to deliver a final blow.
I invite you to join me on December 18, 2017, to stop rewarding people that support this illegal action with our work. Trucking companies that didn't stand up against this mandate don't deserve our support any longer. Elected officials that won't fix these issues for us can deal with the masses when the transport of goods is limited due to the majority of drivers vacating the industry. The only way people will know our pain is when they feel our pain. The time has come for the American truck driver to stop taking this abuse from our elected officials, that won't listen to us, from the FMCSA that wishes to rule by force over us, and by a society that doesn't appreciate the sacrifices that we make to do the job. We need to stop them from lording over us, telling us how to do the job that they know nothing about, and they themselves will not do. I ask you to inform your employer, or brokers and members of Congress that you will not drive come December 18th due to the ELD mandate, the 14 hour rule, and the 30 minute break. It's not a strike. It's a matter of drivers have had enough and collectively we have decided that we as individuals don't wish to drive until these issues are fixed. No one can force us to work when that is what we decide.
Thank you and God bless
John C. Grosvenor
Resources:
https://www.change.org/p/truckers-united-for-freedom-repeal-the-eld-mandate-and-the-14-hour-rule
http://thelawdictionary.org/de-facto/
http://www.ccjdigital.com/fmcsa-issues-60-page-legal-defense-of-eld-mandate-responds-to-drivers-privacy-concerns/
http://www.landlinemag.com/story.aspx?storyid=66995#.Wf8kZ9OPI2w
http://www.truckaccidentattorneysroundtable.com/blog/rehearing-denied-for-challenge-to-fmcsa-eld-mandate/
http://caselaw.findlaw.com/us-supreme-court/482/691.html http://www.overdriveonline.com/no-more-catching-up-the-log-book-with-elds-a-paradigm-shift-that-raises-numerous-issues/?utm_source=daily&utm_medium=email&utm_content=09-20-2017&utm_campaign=Overdrive&ust_id=559e5d52f7d25e6913a0e1cd12989b8f
https://eldmandatefacts.com/texas-eld-exemption-leeways/
© Truckers United For Freedom 2017