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THE DAILY DRIVER Attorneys Defending Your Right to the Road Thomas Paine’s Common Sense: Trucker Edition 3 Issues Within the Trucking Industry When you think about the year 1776, you may think about the Revolutionary War and the Declaration of Independence. But another document made its way around the 13 colonies that advocated colonists to fight for their freedom. On Jan. 10, 1776, Thomas Paine published a 47-page pamphlet titled “Common Sense,” containing various moral and political arguments to encourage the colonies to fight for independence. Paine’s pamphlet discussed the origins and design of government and challenged the British government’s and royal monarchy’s authority. I’ve always been interested in history and reading the essays and documents of prominent figures who helped develop the country we all know and love. When I think of “Common Sense” and how a government should treat its citizens, I am also reminded about the trucking industry and our hardworking truckers. The colonists rebelled against Great Britain because of the unfair treatment they received. I think some truckers also feel unfairly targeted. Hopefully common sense will prevail before things get worse. The government mistreated the colonists; today, many truck drivers experience the same treatment. If “Common Sense” were published today and spoke on the topics truck drivers face each day, these would be the points discussed. THE 55 MPH SPEED LIMIT In California, the maximum speed truck drivers can go is 55 mph. If an officer pulls over a driver for speeding, it can lead to severe consequences, such as an increase in insurance rates, a $490 fine for going 10 over the speed limit, points on their license, and more. While the penalties are onerous on drivers, only going 55 miles per hour while other vehicles are going 70 is extremely dangerous. Some may talk about how driving too fast is a risk, but driving too slowly is also a risk and it also slows down the delivery of goods. THE NUMBER OF HOURS YOU CAN DRIVE IN A DAY The maximum number of hours truckers can drive each day doesn’t seem that bad until you consider that their speed, load on and offs, and traffic are taken into account for their driving hours per day. It’s difficult for drivers to transport items efficiently with these hours in addition to their max speed limit. I’ve heard many stories from drivers who stated they were twenty minutes away from their destination but ran out of hours. They had to pull over in the middle
JANUARY 2023
of nowhere and rest before returning to the road. Of course, driver fatigue is a major safety concern, but the current rules in states like California often cause a whole other set of problems. Some of the exceptions don’t necessarily make sense, and when you combine everything it can be very messy. AB-5 AND OTHER RULINGS Over 70,000 truck drivers risk losing their jobs because of California Assembly Bill 5. The new law severely impacts independent contractors because, under AB-5, they must go through an “ABC Test” to determine whether a worker is an employee or an independent contractor. California Trucking Association argues this test sets an impossible standard for truckers to be considered independent contractors, putting thousands of truckers at risk of losing their careers and livelihoods. In addition to AB-5, a new law went into effect this month specifying that all trucks built in 2010 and earlier cannot be used in California. Now, even more truckers will be out of a job because of this law, and the trucking industry was already seeing a decline in drivers before these two laws. Thomas Paine was one of the main advocates for Americans and their freedoms during America’s founding. Likewise, I will always be an advocate for truck drivers. Bigger & Harman represents ALL truckers — both independent contractors and employees. We support the freedom of truckers to choose their own paths to remain self-sufficient and financially successful.
The treatment we see our drivers endure is unfair. But I can’t help but thank our truckers for pushing through and helping our country continue to keep America moving forward. I will continue to fight for your freedoms and advocate for fair treatment. Our truckers deserve recognition and support now more than ever. Not only does their livelihood depend on their job, but our livelihoods do as well.
–Mark Bigger
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How Bangladeshis Use Otters to Harness Their Catch The Furry Friends of the Fishing Industry
If you wander down a riverbank in southwest Bangladesh, you might happen upon a squealing, squeaking crate of river otters. The otters aren’t in danger. In fact, they’re the pampered helpers of the region’s fishermen and women, who’ve trained them to herd fish. Yes, that’s right — just as we use herding dogs to corral sheep and cows into pens, people who fish in Bangladesh use otters to drive fish, crabs, and prawns into their nets. The practice dates back hundreds of years — and it’s impressive to watch.
According to the publication Roads & Kingdoms, Bangladeshi fishers can catch more than 20 pounds of fish per excursion thanks to their otter helpers. Locals breed otters specifically for this purpose, raising them just like Westerners raise dogs and cats. This otter-human partnership is an important part of Bangladeshi culture. The fish the otters bring in sustain their owners through lean times and help them survive periods of famine. However, according to the BBC, the tradition is slowly fading away. Rivers in the region are drying up, pollution is surging, native fish are disappearing, and families are getting out of the otter business. One third-generation fisherman told Roads & Kingdoms that as of 2015, only 12 families in Gopra Village, where he lives, continue to fish with otters. That’s a tiny fraction of the 100 families that fished when his father ran their family business. However, he told the reporter he “will continue to work with otters as long as there are fish to catch.” To learn more about this fascinating human-animal partnership and see a video of the otters in action, head to YouTube and search “Bangladesh otter fishing.”
First, in the dead of night, the Bangladeshi anglers load crates of otters onto their boats and head out to fish. Each otter wears a small rope harness and leash attached to a wooden pole. As soon as the boat reaches the fishing area, the fishermen release the otters. They dive into the water and paddle furiously after schools of fish, encouraging them to swim into their owners’ nets.
SLOW AND STEADY WINS THE RACE 3 TIPS FOR DOWNHILL HAULING
DON’T TAILGATE. You want to leave as much room as
Driving down a mountain can be challenging for all drivers — especially for big trucks. Whether you’re a first-time driver or a seasoned professional, here are a few strategies to remember when downhill hauling. KEEP YOUR TRUCK SLOW AND STEADY. We’ve all heard the phrase, “slow and steady wins the race.” This phrase perfectly describes what you should do when
properly. While it may be a few extra steps, if it avoids just one incident over a driving career, it is worth it! Everything must run smoothly to ensure the safety of others around you and your own because you know where the blame will go if something goes wrong. As long as you take your time down the hill, pay attention to your surroundings, and listen to your truck, downhill hauling should be a breeze. However, if you find yourself with a citation during your journey, allow Bigger & Harman to assist you. We will be happy to take the ticket off your hands and go to court on your behalf so you can focus on driving. Is there any safety tip we missed? We love feedback! Send to Mark Bigger at mark@biggerharmanlaw.com.
possible between you and the vehicles in front of you. You never want to tailgate on a grade because you don’t know if a driver will suddenly brake or traffic will back up. If you have to hit your brakes, leaving enough room ensures you can safely stop — even if your trailer begins to walk sideways. TAKE PREVENTIVE MEASURES. Before hitting the road, it’s best to check that your air compressor has a full reservoir, no air leaks, the airlines are secure, and the tires are not hot or showing excessive wear. These steps will ensure your truck is road- ready and everything is in order. It may also be helpful to check your brakes, tires, and engine after descending a hill to ensure everything is working
driving downhill. It’s difficult for drivers to determine the grade of a hill, and if you’re not careful, you can lose control of your
truck. Look for grade signs on the road that say how
steep a hill is. This will give you an idea of the speed you should maintain while driving even if the speed limit remains the same.
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DRIVER- FACING DASH CAMERAS ARE THEY A PRIVACY VIOLATION?
INTERNATIONAL JUSTICE MISSION
Thanks to your 43 referrals in November, we were able to donate $860 to fight human trafficking. To learn more about International Justice Mission, please go to IJM.org. MISSION: To protect the poor from violence by rescuing victims, bringing the criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts. Our long-term vision is to rescue millions, protect half a billion, and make justice for the poor unstoppable.
All truck drivers, by law, must have a driver-facing camera inside the truck while working. These cameras are used for training purposes and if an accident occurs. The cameras can help settle “he-said-she-said” disputes and provide companies, drivers, and lawyers with the evidence they need during claim processes. However, driver-facing cameras have been a hot debate for truckers. One of the main concerns is that the cameras violate privacy. But are these cameras invading their privacy? How do the cameras work? ARE DRIVER-FACING CAMERAS ON ALL THE TIME? Some truckers consider their trucks their home. Because of this, one of the biggest concerns is that the front-facing cameras record drivers as they eat and sleep. Yet, while the cameras are always on, they aren’t always recording . There are sensors around trucks, and cameras begin recording if they detect specific movements. For example, if you’re too close to another driver in front of or beside you, sensors will notify the camera to record. By law, driver-facing cameras can only record 30 seconds before and after an incident. Incidents can include sudden braking, swerving, or a collision. The camera’s allotted time to record drivers is the only stored data. Then, the video is sent to a system operator who saves the recording for later viewing. IS IT A PRIVACY VIOLATION? According to the California attorney general, using driver-facing cameras does not violate state codes. The attorney general also stated only the employer can use the recordings of the driver. The employer can use the video for training or disciplinary purposes. However, the video must be available to the driver and their legal representatives. Many truckers have voiced that they don’t want a camera they can’t control monitoring them when they are on the job. But many trucking companies believe they have a right to observe and record employees if they’re using company-owned equipment and vehicles. What do you think about driver-facing cameras? Do you think they are an invasion of privacy? Or do they hold you accountable to drive your best each time you hit the road?
“I can endure all these things through the power of the one who gives me strength.” PHILIPPIANS 4:13
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, APC HARMAN CALIFORNIA TRAFFIC DEFENSE ATTORNEYS BIGGER
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INSIDE THIS ISSUE
Common Sense Within the Trucking Industry.................................................. PAGE 1
The Furry Saviors of Bangladesh...................... PAGE 2
3 Tips for Downhill Hauling................................ PAGE 2
Let’s Discuss Driver-Facing Cameras.............. PAGE 3
3 Easy Ways to Exercise..................................... PAGE 4
Have a ticket in California? Give us a call, and we’ll help you out! Regardless of the location, we can point you in the right direction free of charge!
11 MINUTES OF MOVEMENT A DAY Can Help Keep Depression Away
INCREASED WALKING TIME If you’re not exercising already, you don’t need to start running a 5K tomorrow. Take it slow before building on the activity that’s already in your routine. The easiest way to hit that exercise mark is by slowly increasing the time you spend walking each day. If you work from home and never leave the couch, consider taking a lap around your house every 30 minutes. If you need to go grocery shopping, make yourself walk through every aisle or park your car farther away so you have a longer distance to walk. Get those steps in however you feel comfortable, but the goal is to walk for at least 11 minutes a day. WORKOUT VIDEOS When you’re depressed or feeling down, following a peppy exercise influencer in a
According to the Hope for Depression Research Foundation,
35-minute YouTube video is probably the last thing you want to do. But remember, you only need to start with 11 minutes a day. Simply choose a video and plan to only complete a portion of it. You can even choose to follow the easy parts, but set your timer for 11 minutes and follow along the best you can. Once your alarm goes off, reward yourself for getting that movement in! THE BENEFITS OF DANCING Any movement counts, even dancing. And you don’t need to be good at it to participate, either. To meet your 11 minutes, simply put on four of your favorite dance songs and bust a move! Even if it takes months to get there, moving your body a little each day will help. So, push that cart, pop on that video, or pull out your best dance moves to fight depression.
depression affects 10% of Americans annually. And since the disorder doesn’t pick favorites, anyone can suffer from its melancholy grasp. But there are things people can do to help. In fact, exercise has been known to help, but what if people are limited on time or motivation?
New research by JAMA Psychiatry shows that completing just half of your recommended daily exercise
(only 11 minutes!) can lower your risk of experiencing depression. So, when battling the blues, some exercise is always better than none. Here’s how to squeeze that movement into your schedule.
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