HOS regs limit restart provision; mandate breaks

wrecks were at an all time low during the years of 07 to 09. the reason was because companies were shutting down. less trucks on the road.

wrecks HAD increased during the year of 10.

but i'm with ya. enough is enough. it's bad enough we have to support there arse. but who are they to tell us how to do our job.

i'm one of the lucky ones so far in that we're not electronic, YET.

the govt can't control my body. i'll drive when i'm awake and i'll sleep when it's time to take a nap. my body has never been able to function 11 hours straight. nor has it never been able to sleep for 10 hours straight.

i'll be ###### if i'm gonna sleep for 3 hours, then twiddle my thumbs for the next 7 before i can drive again. at which i point i'm ready for that next nap. but i can't cuz now i have to work for the next 11.

AIN'T GONNA HAPPEN.

the group PARENTS AGAINST TIRED TRUCKERS and the govt can both kiss my arse.

we SHOULD go on strike for a week and see how they like not having anything to buy.

the canadians did it in 90. it's time for the americans to put there feet down.

 

...and the ones who ARE on electronic logs are running ILLEGAL!!!

From October's issue of Land Line:

http://www.landlinemag.com/Archives/2011/Oct11/News/AN-court-tosses-EOBR.shtml

Page 29 of the Dec2011/Jan2012 print edition has an article entitled "FMCSA, motor criers violating EOBR decision, circumventing rules" by senior editor Jami Jones....but it isn't on the electronic version at landlinemag.com...so here it is:

​

 

One of our drivers told me some of our drivers running e-logs in some states have been told the e-logs were no longer legal and were put OOS . I haven't had any verification of this .

 

http://law.justia.com/cases/federal...40/10-2340-2011-08-26-opinion-2011-08-26.html

There is a PDF there containing the exact text of the decision. On the very last page:

Here is the LAW the bureaucrats failed to follow when they wrote the regulations allowing EOBRs....which was used as the basis for the decision (also found on page 15 of the decision):

49 U.S.C. § 31137(a).
Use of monitoring devices.—If the Secretary of
Transportation prescribes a regulation about the use
of monitoring devices on commercial motor vehicles
to increase compliance by operators of the
vehicles with hours of service regulations of the
Secretary, the regulation shall ensure that the
devices are not used to harass vehicle operators.
However, the devices may be used to monitor pro-
ductivity of the operators.
​

As such, there is nothing in the current (post court ruling) regulations to allow the use of an EOBR in place of paper logs....the court threw out the provision which had allowed it because it went against the law governing the Department of Transportation and their rule-making authority.

 

Great information thanks!

 

Great post BUT... The ruling vacated a "MANDATE",,,


FMCSA was told to REWRITE the guidelines on EOBR's to ensure that drivers wouldnt be harassedbiggrin_25525:,yeah right harassment)Go back and read how this case came about,comical

EOBR's / ELOGS that companies now use can be of choice and totally within the Guidelines of the 395,,,(http://www.trucking.org/AdvIssues/Litigation/Documents/Voluntary EOBR use clarification memo.pdf) It didnt vacate the 1988 rule,,,Illegal,NOT its just a logging tool,nothing Illegal about it,and if your not on it whats the big deal??? A year now on them never once harassed

Only reason OOIDA is yakking it up on this issue is they thought they had won a case,more like won A battle and yet not THE war...

They might want to get geared up for these:http://www.thetruckersreport.com/tr...64298-2012-outlook-for-more-pending-regs.html

 

Mandatory ELOGS are a CROCK... Ive been harassed with a Qualcom.. so when i used to have one i just turned it on if i needed it... dont have one anymore...

 

I start millington in jan and since nov I have learned sooo much about the bs that occurs in this industry. Why is everything soo mandated. I understand safety. But who micro manages anothers sleep? Is this what our country spends time n money on? No wonder we r going broke.

 

EOBRs aren't for safety, they are for lining some manufacturer's pockets, who in turn, is lining some politician's pockets.

 

Very few regulation changes are based on safety . Special interest groups lobby politicians to come up with regulations that will give that group an economic advantage .
EOBR's may be to profit manufacturers but drivers falsifying logs and safety departments not being competent enough to prevent it give a reason for them to be used .
Speeding , tailgating drivers give reason for an attempt to govern trucks . The minority of drivers that ignore the laws bring pressure and regulation on the professionals .