so, you think your safe with the elog and hos.

Discussion in 'Trucking Industry Regulations' started by snowwy, Mar 28, 2014.

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  1. Roadmedic

    Roadmedic Road Train Member

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    Many of them can.

    If they have received the required training for dot enforcement. CSA points are then rewarded for the unlucky soul only during an inspection.
     
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  3. KenworthGuyNH

    KenworthGuyNH Road Train Member

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    Well I read the dang thing.....twice.....all 70 pages of it. I encourage EVERYONE to do the same. It's about control, plain and simple.

    It's NOT saving paper.....you have to have as many supporting docs retained on file as with paper logs.
    It's NOT about saving money.....the gov could care less if we go broke.
    It's NOT about safety........if safety REALLY was the issue here we would have a driver training standard in place, and well paid happy drivers on the road.

    What this does is help the megas manage the horde of inexperienced employees; and that's it. It will NOT make a small, safe carrier any MORE safe. Rant over.
     
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  4. Roadmedic

    Roadmedic Road Train Member

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    Yes, and it did not happen overnight or just recently either.

    Thanks to the Landline staff.

    http://www.landlinemag.com/Story.aspx?StoryID=23619#.U2QgUyhdCNE

    5/9/2012

    The EOBR debate: It's been around a very long time By Land Line staff
    Electronic on-board recording devices in commercial vehicles are not a new concept. And for OOIDA, it’s a technology that the Association has long opposed and successfully challenged in court. Yet the FMCSA presses on, seeking additional authority from Congress for yet another mandate.

    The Obama administration estimates the implementation of electronic on-board recording devices in commercial motor vehicles would cost $2 billion, making it one of the seven costliest regulations sought by administration.

    Currently, it’s moving along complicated regulatory and legislative tracks, so here’s a timeline to keep you on track.

    February 1990 –
    The National Transportation Safety Board recommended that electronic on-board recorders be made mandatory for all heavy-duty trucks.

    August 1995 – Several highway safety and advocacy groups petitioned FHWA to require on-board recorders.

    April 2000 – FMCSA issued a Notice of Proposed Rulemaking to reform the 63-year-old hours-of-service regulation for commercial truck and bus drivers. The proposed rule would reduce the driving time allowed within a 24-hour period from the current maximum of 16 hours to 12 hours and would require use of on-board electronic recorders to document hours of duty.

    April 2003 – The first revision of the HOS regs was announced, without an EOBR mandate.

    July 2004 –
    The now infamous July 2004 court ruling (Public Citizen et al v. FMCSA) that tossed the FMCSA’s first attempt at revamping the hours-of-service regulation since 1939 also scolded the agency for failing to estimate the costs and benefits of electronic on-board recorders.

    September 2004 – In an apparent move to appease the court, FMCSA published an advanced notice of proposed rulemaking. However in the same month after the Institute for Electrical and Electronics Engineers established specs for EOBRs, FMCSA appeared lukewarm to the technology. “Just having device standards wouldn’t by itself be enough to justify a rule requiring EOBRs,” the agency stated in a press release.

    February 2006 – FMCSA Administrator Annette Sandberg – who submitted her resignation Feb. 1, 2006 – told a trucking trade publication that unresolved issues with the hours-of-service regulations play a role in the EOBR rulemaking delay.

    January 2007 –
    FMCSA moved forward with a notice of proposed rulemaking that would require EOBRs for so-called “bad actor” carriers in the industry.

    April 2010 – FMCSA’s electronic on-board recorder final rule was published in the Federal Register on April 5. It went into effect on June 4, 2010, with full compliance mandated by June 4, 2012. The first rule ordered trucking companies that have a 10 percent or greater violation rate of the hours-of-service regulations to be saddled with electronic on-board recorders

    June 2010 – OOIDA began paperwork to file a legal challenge, suspecting a full mandate would follow soon. The Association and three members filed a petition for review with the United States Court of Appeals for the Seventh Circuit on June 3. In addition to OOIDA, the plaintiffs include OOIDA Members William J. Culligan, Adam D. Burnett and Douglas A. Oldham.

    September 2010 – OOIDA’s predictions of full mandate begin to be reality. Mark Pryor, D-AR, and Lamar Alexander, R-TN, announced they would introduce a “stand alone” EOBR bill to the U.S. Senate. If passed into law, it would mandate that 100 percent of all “commercial motor vehicles involved in interstate commerce and subject to hours of service be equipped with EOBRs.”

    October 2010 – OOIDA filed a legal challenge of that FMCSA EOBR rule on grounds that there is no proof that the devices can accurately or automatically record a driver’s hours of service and duty status, and that a 24-hour monitoring is a violation of a driver’s Fourth Amendment rights.

    January 2011 -- U.S. Senator Frank R. Lautenberg (D-NJ), a member of the Senate Committee on Commerce, Science, and Transportation, applauded FMCSA’s EOBR proposal. Lautenberg had long advocated that EOBRs be required on all commercial vehicles.

    February 2011 –The FMCSA announced it would pursue a full mandate on EOBRs. This time the agency was proposing a 100 percent mandate of EOBRs. The proposed rulemaking was published April 13, 2011, in the Federal Register. Before issuing the final rule, the agency will hear from the public plus hold listening sessions.

    March 2011 – Mark Pryor, D-AR, and Lamar Alexander, R-TN, announced they would re- introduce their “stand-alone” EOBR bill to the U.S. Senate requiring all CMVs to have EOBRs.

    August 2011 – OOIDA wins a big one. On Aug. 26, a ruling from U.S. Court of Appeals for the Seventh Circuit forced the Federal Motor Carrier Safety Administration to vacate its initial EOBR rule because the agency failed to deal with the driver harassment issue.

    It took only one of the three arguments raised by OOIDA for the court to toss the rule and send it back to the agency for further proceedings consistent with the ruling.

    January-March 2012 – Nearly five months after the U.S. Court of Appeals for the Seventh Circuit tossed the electronic on-board recorder regulation, the agency was still promoting use of the devices. OOIDA filed a motion in late January seeking a cease-and-desist order on the current policies and practices by the Federal Motor Carrier Safety Administration to encourage the use of electronic on-board recorder.

    The Seventh Circuit appellate court initially gave the agency until Feb. 6 to respond. The Department of Transportation sought a 30-day extension to respond to the cease-and-desist motion, but Judge Diane Wood only granted a 15-day extension, giving the DOT and FMCSA until Feb. 21 to respond to the motion for a cease and desist.

    Without giving a specific reason, on March 21, the U.S. Court of Appeals for the Seventh Circuit denied OOIDA’s Jan. 19 motion. It asked for the court to direct FMCSA to “cease and desist from authorizing, sanctioning or in any way encouraging” using the EOBR to increase hours of service compliance until the agency issues a rule ensuring the devices will not be used to harass drivers.

    March-April 2012 – As announced, the FMCSA holds listening sessions – one at MATS and one in April at Bellevue, WA.

    April 2012
    – As the two versions of the highway bill emerge from U.S. House and Senate, only the Senate version contains language for an EOBR mandate. Conferees will decide whether it stays or goes.



    Copyright © OOIDA
     
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  5. snowblind

    snowblind Heavy Load Member

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    i cant wait many on here say you will make same money,so your on road longer you still make same money.how does that figure
     
  6. snowwy

    snowwy Road Train Member

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    mjaybe we outta start asking if the cop giving us a citation. is certified on the national regrstration and legally authorized to cite us. :yes2557:
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Be more concerned about an inspection.
     
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  8. snowwy

    snowwy Road Train Member

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    they make more money. they don't say WHAT they were making to begin with.

    if they're making more. they weren't making much to begin with.

    if your making good moiney. you won't be with leash.

    but, depending on the operation. a small mimority MIGHT manage to make a little more.
     
  9. magnum2

    magnum2 Light Load Member

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    I know that it is. But, we can play the same game with the mega's and/or, like someone stated earlier, have enought drivers go on strike for long enough and there will be change. Look at the r/r strike overseas. I also heard that drivers don't have enough money to stay home for 1month or so. Well, that is their own fault.
     
  10. AfroBat

    AfroBat Medium Load Member

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    Dude I know you didn't blame your fellow driver who is by the way in the same financial boat as you for not saving up for a strike!
    Dude we are all living week to week with the rates they pay us.
    As a matter of fact our rates are so low it's virtually impossible to go even think about a strike but what we can do is have rolling stop buys! Each month we pick a states weakness in terms of the products they ship out and don't buy them for a month or longer going in alphabetical order of the states.
    Or we could pick a central state and not buy anything in or manufactured by that state and break them down like a shotgun!
    What I mean is do not buy anything in a state that sits dead in the middle or should I say the heart of America and shut off the cash till these clowns in DC stop with the money games.
    I mean if they grow oats we do t eat oatmeal if they grow cows we stop eating beef! Whatever is the key product or home base of any company in that state they become a target.
    We have so many options till it ain't even funny as to what we could do to stir some s*** up and make them come after all of us and what will drivers do???
    Get angry enough to want some payback of course.
    We need to stir up these drivers by shaking the bed a little bit.
    This elog is going to hurt me and you at some point and we need to do something that is logical and strategically powerful enough to rock Wall Street and that my friend is how you get a proverbial monkey off of your back.
    The problem we have is that everybody in this industry wants to top each other in ideas yet not take the credit nor be the fall guy when it hits the fan.
    That's like saying I want to invent the wheel yet not want to take credit for it because it might blow out?
    The best teacher has shown us the way and that was my hero Jimmy Hoffa, now you can call him a thug or whatever as far as this industry goes he was and always will be the trailblazer because he had balls big balls and knew what to look for and that's the weakness in your opponent and take him down from that standpoint.
    We need to find the extreme weakest point in America and hit that point but not get burned when we go through the fire.

    We want to rush in where fools have with our hands slinging all over the place, No! No! No!!! (We are getting off topic I know but I gotta get you guys to understand) Think calmly carefully and focus...

    Too many pioneers have done what we are about to do and so let's pick up those history books and get busy learning what they did in non violent struggles of their time and go from there.

    Ain't nothing new under the sun...
     
  11. mattbnr

    mattbnr Road Train Member

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    This thread has detailed so far off the course it isn't even funny.
     
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