The Solution: Mandatory Detention Pay

Discussion in 'Trucking Industry Regulations' started by KnuckleBuster, Feb 18, 2011.

  1. KnuckleBuster

    KnuckleBuster Light Load Member

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    DeFazio bill would require FMCSA to regulate dock detention time

    A GAO study found 80 percent of drivers that had experienced detention time reported that being detained impacted their ability to meet Hours of Service requirements. (The Trucker file photo)
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    The Trucker News Services

    2/18/2011


    WASHINGTON — Rep. Peter DeFazio, D-Ore., Thursday introduce legislation directing the Department of Transportation to study the amount of time truck drivers are forced to sit and wait at loading docks and to use those study results to establish a maximum number of hours that drivers may be detained without being compensated.


    DeFazio said he was responding to the concerns of independent truck drivers.


    “Over the years I’ve heard anecdotes from truck drivers that detention time is a big problem and contributes significantly to inefficiencies in the supply chain productivity,” DeFazio said. “I asked GAO to study detention time and quantify the results. It’s clear from the report that detaining truckers at loading docks is a significant problem that Federal Motor Carrier Safety Administration needs to regulate.”


    DeFazio’s legislation would require shippers and receivers to pay a detention fee for detention of drivers beyond the time established by the DOT and authorize civil penalties against shippers for failure to pay for unreasonable detention time.


    Once the study is complete, the bill would also require the FMCSA to introduce a new regulation, setting standards for maximum numbers of hours a driver may be detained and not compensated.


    The Owner-Operator Independent Drivers Association, which represents over 152,000 independent contractors, immediately praised the bill, nothing that the legislation would make shippers and receivers accountable for their contribution to the lack of productivity in the transportation supply chain and would make significant improvements to highway safety.


    “In a just-in-time, deregulated industry, trucking has de-evolved to where truckers are donating their time to the benefit of shippers and receivers. The problem persists because it doesn’t cost shippers or receivers to squander drivers’ time,” OOIDA Executive Vice President Todd Spencer said.


    DeFazio requested a Government Accountability Office study of the impact detention time has on truck drivers and potential violations of Hours of Service requirements.


    He said the report found detention time to be a serious issue threatening the motor carrier industry. Through driver interviews the GAO found that detention time affects drivers’ ability to make a living, has an impact on Hours of Service and adversely affects independent drivers more so than drivers employed by large carriers, the Congressman said.


    DeFazio released a summary of GAO's findings:


    • Detention of drivers at shipper or receiver facilities is a prevalent problem: of over 300 drivers interviewed by GAO, 68 percent reported being detained within the past month.


    • 80 percent of drivers that had experienced detention time reported that being detained impacted their ability to meet hours of service requirements.


    • 65 percent of drivers reported lost revenue due to being detained.


    • Shippers and receivers control many factors that lead to driver detention, such as facility staffing, lack of loading or unloading equipment, poor service, and products not ready for pick up.


    • Shippers often disagree with carriers and drivers about the amount of detention time and some motor carriers choose not to collect detention fees from their c•ustomers.


    • FMCSA does not collect data related to the cause for Hours of Service violations when such violations are discovered in roadside inspections or compliance reviews.


    DeFazio said the legislation is needed because:


    Why legislation is needed:


    • Under current law, shippers and receivers are not held accountable for the roles they play in affecting motor carrier safety.


    • Drivers in the trucking industry are not protected by basic wage and hour laws. Instead, hours of service rules are in place to regulate maximum time on the job.


    • Many drivers are paid by the mile or by the load, rather than by the hour, and are therefore impacted by inefficiencies and congestion. Without addressing detention time, hours of service rules do nothing to ensure a driver can make a living even when working a full day. Therefore, if a driver is detained beyond a certain period of time, the driver should be compensated.

    The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

    http://http://www.thetrucker.com/Ne...drequireFMCSAtoregulatedockdetentiontime.aspx
     
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  3. dannythetrucker

    dannythetrucker Road Train Member

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    here's a link to the bill http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.756.IH:

    I would encourage any truckers to e-mail, write, or call their representative in support of this bill. I would further encourage them to make sure the bill provides for pay direct to the driver.
     
  4. Cowpie1

    Cowpie1 Road Train Member

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    And you really feel that this will solve anything? There is hardly a government regulation that hasn't just made thing worse, or at best, everyone was able to find a way to get around it.

    The worse thing that a citizen can hear is... "your government is here to help you".
     
    NYROADIE and Jfaulk99 Thank this.
  5. Tazz

    Tazz Road Train Member

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    Their support of crud like this as well as their new shiny political hack are the reason I revoked my membership with that organization.

    More wasted breathe asking for someone to save them from themselves. #### shame 35 years wasted in a matter of months.
     
  6. Tazz

    Tazz Road Train Member

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    He always forgets the rest of that sentence:biggrin_25512:
     
  7. NYROADIE

    NYROADIE Heavy Load Member

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    AHH The voice of sanity,Thank you!

    As I said in another post on this subject, where would it end?
     
  8. freightlinerman

    freightlinerman Road Train Member

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    I'm a little worried that you might actually be serious. If you don't have a problem with sitting on a dock all, that's fine. I'm sure plenty of drivers would love to take your load and let you sit with their trailer. Government creates orders and some times it doesn't make sense, but to tell big companies to pay for EXCESSIVE detention on the dock makes perfect sense. Companies that take their sweet ### time, hours or days to unload a truck, its not right.

    If you disagree with paying drivers for sitting on the dock for hours or days, then surely you must be for the anti idle laws. Why should the driver sit there and waste fuel on the companies dime when he's not making money?

    Honestly, I fail to see your logic and everyone that is so anti-government.
     
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  9. Yatista

    Yatista Medium Load Member

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    Have you considered the possible unexpected consequences? NO longer allowed on the property before your exact appointment time and no early deliveries. Your early delivery may cause detention of the driver who has an appointment.

    How about no more independent o/o getting loads when shippers refuse to do live loads. Drop your empty and come back tomorrow? Always be careful what you wish for, you may get it.
     
    Jfaulk99 Thanks this.
  10. Jfaulk99

    Jfaulk99 Road Train Member

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    Finally! At least there's a few guys on here that get it. The easiest way around paying detention is not allowing the truck on the property. A local steel mill here pays $50 per hour for anything over 2 hrs. Been like that for years, however when the claims start climbing they just tighten up the schedule. Use to be able to show up 3-4 hrs early for your pickup times, now it's 30min before and 15min after, no exceptions. If the schedule is full, too bad. Another place makes you re-schedule if your 1 second late. If they're busy and the schedule is full you might wait a day before you can get back in.

    I would just like these pro-big brother guys to show me ONE thing the government does, that a private company also does, that the government does a better and more efficient job.

    If you go to a place that is notorious for making you wait STOP GOING THERE!!!
     
  11. ironpony

    ironpony Road Train Member

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    There's more than this that will show up. I'd bet right now, that there isn't a shipper or reciever out there that would end up loosing one red cent in detention payments. Why? Why should they? In fact - considering drivers, I'd bet this would be a money-maker for them! I agree with Yatista and JFaulk99 about this...

    First, they'll institute an appointment window, ala Walmart. As Yatista mentioned, no early arrival - where are you gonna stash that rig until its time to go in? There won't be any more first come, first served loading/unloading.

    But there's more - in order to recover any detention money, there will be a fine instituted (as there already is at some shippers/receivers) for being late. And if you're late past a certain point, you'll be required to reschedule the appointment - along with a rescheduling fee. Go to the end of the line... like next week! I just bet your carrier is going to be thrilled about you being late - for any reason, including weather and traffic - stuff beyond your control. Can you spell "T E R M I N A T E D"?

    Finally, run out of your 14? Not their problem... get that truck off of the property pronto!

    I posted this in another thread... here we are wanting the government to come fix something for us. How do you like the way they're fixing safety (CSA) in this industry?

    How do you like they way the government is fixing the fatigued driver problem (HOS rules and manditory Elogs/EOBRs) in this industry?

    And now you want them to come fix detention?

    Sir, I'm here from the government to help you. Please remove all restrictive clothing, bend over and grab your ankles!
     
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