From: "James Lamb" <james@truckers.com>
Date: Tue, Apr 9, 2019 11:32 pm
To: raymond.martinez@dot.gov
Cc: Ajit.Pai@fcc.gov, elaine.chao@dot.gov, laurence.socci@influence-strategies.com, "neil.golub@siriusxm.com" <neil.golub@siriusxm.com>, "Charles.RobertsIII@siriusxm.com" <Charles.RobertsIII@siriusxm.com>
Subject: Sirius XM's Road Dog Trucking Host Kevin Rutherford's Broadcast Regarding Being Found with Drugs in his Truck by Police
Dear Administrator Martinez.
This evening, it came to my attention that Sirius XM Radio's Road Dog Trucking Host Kevin Rutherford produced an episode of his radio show in which he makes an absolute mockery of the Federal Regulations concerning possession of drugs in commercial motor vehicles.
You can listen here at 2 minutes and 30 seconds as he downplays how he got caught transporting drugs across state lines in his truck & got busted by police in Childress, Texas a while back:
https://youtu.be/imiXwM7ewHU
. Clearly, this is not a man who should be on the radio giving business and regulatory advice to truckers on a show entitled "Trucking Business & Beyond".
The SBTC takes Federal Regulations concerning misuse of alcohol and the use of drugs by CMV drivers very seriously. On behalf of our 15,000 members, I am writing to let you know that we are shocked and alarmed that Sirius XM would permit and air this type of broadcast. As you know, with respect to drugs, your agency has promulgated a rule at:
49 CFR § 392.4 - Drugs and other substances.
(a) No
driver
shall be on duty and
possess,
be under the influence of, or use, any of the following drugs or other substances:
(2) An amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and “bennies”);
(3) A narcotic drug or any derivative thereof; or
(4) Any other substance, to a degree which renders the
driver
incapable of safely operating a
motor vehicle
.
(c) Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a
driver
by or under the instructions of a licensed medical practitioner, as defined in
§ 382.107
of this subchapter, who has advised the
driver
that the substance will not affect the
driver
's ability to safely
operate
a
motor vehicle
.
(d) As used in this section, “possession” does not include possession of a substance which is manifested and transported as part of a shipment.
We therefore question the judgment of Sirius XM Road Dog Trucking Producers for irresponsibly condoning this unlawful behavior and encouraging other drivers who follow Rutherford to violate this important motor carrier safety rule. This is NOT the kind of role model the industry would expect from a trucking-oriented satellite radio show. Perhaps you can address this matter with the producers, who are copied here.
We fear Mr. Rutherford may next change the name of his brand from "Let's Truck" to
#LetsTruckStoned
.
Secretary Chao is copied here for her information as well insofar as this is a very serious matter.
We are also alerting the FCC by copy of this email insofar as this may constitute a violation of their rules and regulations.
Finally, our lobbyist is copied here. He will be mentioning this matter to the Oversight Committees insofar as they should be aware of the role Sirius XM is currently playing to corrupt drivers and negatively influence them to follow Mr. Rutherford's lead.
The SBTC hereby calls for Sirius XM Radio to immediately terminate Rutherford as a sign of good faith that it is willing to clean up the airwaves and take a stand against illegal drug use by truck drivers and unlawful possession of drugs in commercial motor vehicles.
Sincerely,
JAMES LAMB
SBTC President
