ORGANIZATIONS THAT CONTROL THE MOVEMENTS OF COMMERCIAL CARGO are shippers, receivers, and trucking companies.  A trucker would be considered an organization only if he were operating under his own authority as a trucking company.  It is the duty of all organizations to ensure that all employees are well trained and knowledgeable about the law.  An employee who violates commercial regulations should be fired, but under no circumstances should he be fined. The Constitution does not allow the government to regulate the behavior of individuals the way that commercial activities are regulated.  Employees are not involved in commerce unless they conduct business with a financial document.  The off-duty hours of an employee cannot therefore be regulated.

Employee truck drivers have as much right to call in sick and declare themselves off-duty as any other employees.  An employee who is constantly late should be fired, but under no circumstances should he receive a financial penalty or be discriminated against for refusing to obey an employer during off-duty hours.

A legal problem arises when an off-duty truck driver decides to drive home during his off duty hours.  It may appear to a police officer that the driver is on-duty since he is driving and the employer may be fined for allowing an employee to drive too long without a break.  If the employee violates company policy, he may be fired, but the officer cannot fine him without violating his Constitutional rights since all Americans have a right of liberty to go wherever they want whenever they want unless charged with a CAPITOL or INFAMOUS crime.

The recommended fine for companies that allow employees to violate hours of service regulations is $10,000 on the first offense and $100,000 on the second offense.  High paid drivers such as at unionized companies rarely break hours of service laws.  Most violators are sub-minimum wage truck drivers working on mileage pay.  Large fines will discourage companies from hiring low-wage incompetent drivers and insure that all drivers are well paid.

AMENDMENT V:  RIGHT TO LIFE LIBERTY AND PROPERTY

                     The individual is guaranteed certain rights when on trial and the right to life liberty and property:  No person shall be held to answer for a capitol or otherwise infamous crime, unless on a presentment or indictment of a grand jury...

[  Main Page  |  Previous Page  |  Next Page  ]