Tazz, you are confusing regulating public roads with regulating interstate commerce. States, by the letter and intent of the Constitution, are the regulators of the public roads within their boundaries. Interstate commerce has to do with the free movement of goods between the states with no tariff or restriction. Neither of these have anything to do with a driver taking a 10 hr break. The recourse for truck related accidents and such should be the same as was intended at the country's founding: civil litigation.
The 10th Ammendment makes it pretty clear. What has not been delegated to the government by the constitution, nor prohibited by the states, is reserved to the states and to the people. The federal government has a habit of mandating something and then forcing it on the states and the people. A complete turning on its head of the 10th Ammendment. But should we be surprised? No. Not considering how they have also shredded the other parts of the Bill of Rights. Similar argument can be legitimately made regarding drug sample testing. Clearly this violates the 4th Ammendment. If there is reason to do so, such as a vehicle accident or similar, then it is reasonable at that point to test for substances that a driver might have been using that contributed to the accident. We do that now anyway, so the idea of random sampling is a violation of the spirit, if not actually, the wording of the 4th Ammendment. Doesn't really affect me either way in this example, but because it doesn't bother me is no reason to mandate it on everyone else and disregard the Ammendment. If one doesn't like the restrictions placed on government by these Ammendments, then there is a process outlined in the Consttution for deleting or changing them. But doing an end run around them because it feels right at the time is clearly disregarding the Constitution and making it not worth the paper it is written on.
E-LOGS
Discussion in 'Trucking Industry Regulations' started by Bumpy, Oct 15, 2009.
Page 23 of 25
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Hi, ok how are these gonna work then, my former place of work, did lots of city work, for example i pick up in ut, goes too dallas tx, 20 stop 's on this load, yippie i say too myself, i love this kind of work, 20 bucks a pop for each stop, plus i get too practice my backing all day, so i dont know how you could do that all day and becuse for a hour or two you be pushing buttons on the e -logs or did i miss something there , thank's for a great thread.
-
Well, Everett, in actuality I have to concede this point that doing this on an EOBR is actually a time saver compared to making a paper log entry... If in fact full compliance with the regs is the issue. And it actually could theoretically save driving time since e-log entries are down to the minute compared to 15 min blocks on paper. Only if a person was "fudging" the paper logs, would EOBR be more restrictive. I haven't had any real issues using EOBR, even with multiple stop loads similar to what you mentioned. I rather like not having to break out a log book and managing the details. As for EOBR being an income buster, I have exceeded any previous revenue/net monthly numbers 3 different times this year.
But then, I get $75 for the first extra stop, and $100 for each one after that. I would drool over getting your 20 stopper. -
Pushing a button on/off is only required to initiate a change of duty status. When you begin your shift and when you end your shift. for all practical purposes the GPSS gives time stamps of every stop, the driver only has to add a pre-set entry or as we used to do flag. The system is designed to go from driving to on duty every time the brake release is pulled. It automatically returns to driving, no input required.
For those who wish to cheat, line three is locked, preventing a driver from editing(with exception from home terminal commands). To prevent loss of HOS line four can be edited. Breaking a 10 or eight split will put a red flag and violation on the log.
I think this sytem was designed for younger computer literate professional drivers. If you want to use you paper logs, great I don't have a problem at all with having a choice. One real issue is tracking trucks and having real time access to drivers HOS. It's the future of trucking when utilizing many thousands of units. Not so for the Lone-Wolf O/O Super-Truckers.
The age of information is becoming overwelming for humans. Machines must be designed to manage it. Remember George Orwell's 1984? Big Brother is watching you.
What would you do if you disengaged from the grid? turned away from social networking, cancelled the banking and credit cards, cut the cell phones, moved to the desert and lived in a dusty man-cave and adorn animal skins. Freedom has its cost, you have to give up all the plastic man made stuff and live like a Nomad, and the good ole days of A/C and TV and micro-wave dinners would be just fond memories. It would be a challenge if not a shock to you and your loved ones.
It's funny! Humans have become slaves to the Machines. -
End of Tenth violation argument.
4th ammendment violation again no. You ask for permission to be out on the road. By doing so you agree with all laws set forth governing that privilege. -
And Then you contend that any law can override an Ammendment? Well, that is the modern interpretation. You ought to run for congress! They'll love you for sure!
But you mention the states need to adhere to minimum standards set forth by the federal government. I counter that with, show me where the federal authority for these things is in the Consttution. Doesn't matter what they want to do. If they do not have the authority, then it is reserved to the states and the people. FMCSA regulations have no bearing on the clear intent of Interstate COMMERCE. Commerce is NOT highway regulations. It is the unrestricted movement of goods between states. One state cannot use tariffs or other regulatory means to restrict me from buying a product in another state and returning. But even that clear meaning in the Constitution has been folded, stapled, and mutilated beyond recognition. The original intent of trucking regulations early in the last century was to provide an even playing field regarding truck movements between states. But it has since grown into a monster that seeks to limit all trucking at every turn. Not what was the vision of those that started the ball rolling.
It was set up from the beginning that civil litigation would be the enforcer of the public good. If I have wronged someone, then I can be sued. The fear of legal litigation will cause the things you want regulations to do, to be implemented in an intelligent manner as opposed to one size fits all regulations that come from people who have no idea the diifference between a pickup truck and a expedite truck.Last edited: Sep 2, 2011
Yodler Thanks this. -
Sorry then if i seem so dum about how they work, guess ill find out the right way , when i go thru school somewere, but thank's for all the great replys here
-
Picture this. When you climb into your car in the morning, you swipe an identity card. You have just gone on duty, driving. When you park your car near work, you swipe the card again, you have just gone off duty. You swipe the card when you begin to work. You are on duty, not driving.
When you leave work, you swipe out, walk to your car, swipe, and drive home, swiping again after you park.
You have 14 hours from the time of the first swipe in the morning and after that you may not drive until you spend 8 hours sleeping, plus 2 hours off duty, which can be any activity as long as it is not any kind of work.
If, while relaxing at home, you decide to drive to the store, you may not, because you're 14 hours are up until you take a total of 10 hours rest, at least 8 hours of which must be in your bed.
If you have a half hour before your 14 hours is up, and you drive to the store, but there is a line at the check out, your 14 hours may be up before you get home. In fact, this is what happens to you.
When you get to work the next day, you are informed that you are fired because you exceeded the 14 hour limit. Yes, your employer is immediately notified by the National Transportation Safety Board that you are in violation.
How far is this scenario from being reality?
Consider this . The Electric On Board Recorder for trucks promises to be a multi-billion dollar industry if the EOBRs can be mandated for all commercial vehicles.
Over 3/4 of the collisions between cars and trucks are the result of an unsafe move on the part of the driver of the car. Fatigued driving is more prevalent among car drivers than it is among truck drivers..Yodler, bullhaulerswife, Everett and 2 others Thank this. -
I have been told i was not compliant because I had not signed my log page for the day. I only sign them at the days end, then my log is complete. but in South Dakota I was told I was not in compliance due to the fact that I had not signed my log page yet. was I safe? yes.. I have been forced by the Highway Patrol, and others to be non compliant, when I was fast asleep getting my needed rest, then to be woken up and told i had to move, because there was a 4 hour limit in the rest area. I was compliant and forced to be non compliant. oh and the (level the playing field thing!) That makes me want to scream, it's so rediculous.Everett Thanks this. -
Yeah I got it your a cheerleader for them. Might want to check what the ruling actually said though.
See if you do not do your own homework you end up cheer leading people that..........
You know what never mind. OOIDA is transforming into yet another government entity. Don't believe me research where a lot of those people receive their secondary incomes from.
Look at the laws they have tried to support on behalf of lawyers in Az.
Look at the millions they had the government spend to "research" dock time.
Look at the money they receive for their government funded alert system.
Or keep blindly buying into their BS.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 23 of 25