New HOS Regulations 9-29-2020

Nah, I think you are not seeing the forest for the trees. Without HOS, a driver could drive as he saw fit. Drive when fresh, rest when tired. Rinse and repeat. Appointments could be scheduled based on common sense, rather than HOS "availability".

HOS determines when the driver can drive. HOS doesn't make the driver rest, it just dictates minimum rest times.

We know that drivers that are HOS exempt are safer than those subject to HOS, based on the studies done on ag haulers that run HOS exempt.

So you can bend it in any logical or verbal pretzel you want, but the reality is that current HOS decreases safety in the aggregate. Even though it does restrict the occasional moron that would run 24 hrs straight if he could. In the aggregate, it creates more problems than it solves. The government, here to help us.

 

My while point since the first time I replied is HOS does not make one drive tired. While all you say is true, the simple fact is the main reason people drive tired is money. If pay was fixed then driving tired would not be such an issue.

So again, there has never been a single time in my professional career that HOS has ever caused me to drive tired.
Schedules, pay, even traffic I've driven when I probably should not have., Because of HOS, never.

 

Doesn't that fall under the coercion rule though?

A driver could be considered to be coerced to violate the fatigue regulation if he knows that he'll be financially penalized if he doesn't.

 

If the coercion rule actually was enforced, maybe. Actually likely not as most companies will reschedule. Too bad the next delivery windows is 4 days out....
It can be argued that's coercion (and I do think it is), but it could be argued it's not as appointment times are set by the receiver.

 

Meanwhile, out here in the real world, you have to move product to get paid. Even if the pay is fixed, to the driver, if he doesn't move product, there won't be a company.

While it is true the HOS does not hold a gun to anyone's head, the reality is that HOS, as they are now, result in more trucks on the road with tired drivers. HOS exempt drivers prove that, mandatory ELDs proved that, there is no debate.

In a world where customers need served, and companies get paid to serve those customers, the aggregate net result of HOS as they are today is increased fatigued driving. Were it all rainbows and unicorns, HOS would not be the cause, but in the real world, yes, yes they are.

 

So let's drive tired, run over somebody because of some absurd contractual obligation. The operations/management personnel at that carrier have an easy choice, don't haul for customers with that requirement, or fold it into the rates.
The costs of a lawsuit that emanates from the accident makes that $500 chicken feed.

 

That has been tried. The number of drivers who drove fatigued to make money and corrupt management forcing drivers to work when tired is why the regulations were written in 1938. And if you check your history, it was the reason for the huge increase in the unionization of trucking industry at that time.
Like @ZVar said, the drivers, the company managers, or the customers they haul for cannot be trusted. They just fire you, and get another body.

 

That is a typical company driver response.... But yet you are one of those guys I see at a receiver, that is driving 2 miles an hour with your 4 ways on so, your ELD doesn't kick you in to drive and mess up your 10 hour break. Even though that's illegal it's ok.

 

Well that is strange. Take a look at the truck on the left, still in service. Do you see any company drivers with that type of equipment? No, I have been an owner-operator for 45 years and counting.
There is nothing in that trailer that is so important that you hurt yourself or anyone else trying to get it delivered. I have known several drivers who were involved in serious or fatal accidents during their career. Whether it was their fault or not, it completely changed their lives, usually for the worse.
And those individuals I know with their own numbers are the first to call it quits, knowing that one serious accident puts them out of business.

 

Well I am glad you gave been an O/O that long. The point I was trying to make is. I run paper, when I am tired I pull over and sleep as much as I want, when I want, where I want. With ELD big brother dictates far to much in my opinion. The other thing, is when guys talk about running illegal, they are they same ones, that are breaking the rules as well.