I don't think so. Read the regulation a little closer. However, it is not a rule or law yet as the courts have this regulation held up. But here is how it was writen.
395.16 Electronic on-board recording devices.
(a) Applicability and authority to use.This section applies to electronic on-board recording devices (EOBRs) used to record the driver's hours of service as specified by part 395. Motor carriers subject to a remedial directive to install, use and maintain EOBRs, issued in accordance with 49 CFR part 385, subpart J, must comply with this section.
(1) A motor carrier may require a driver to use an EOBR to record the driver's hours of service in lieu of complying with the requirements of §395.8 of this part. For commercial motor vehicles manufactured after June 4, 2012, any electronic device installed in a CMV by a manufacturer or motor carrier to record hours of service must meet the requirements of this section.
(2) Every driver required by a motor carrier to use an EOBR shall use such device to record the driver's hours of service.
Supreme court ruled no gps trackers!
Discussion in 'Trucking Industry Regulations' started by texan007, Jan 23, 2012.
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Doesn't matter what you think.
the government wants all trucks to be equipped with EOBRs.
First they start with the weak, the non compliant and the big companies.
then they move on to everyone else.
I'll bet we ALL have to have EOBRs by the end of 2015.
And yes...you're welcome to turn in your ticket, so to speak and quit driving. If that's what you want.
But the government will get it's way on this.
Personally, I don't care.Injun Thanks this. -
I am speaking of MY TRUCK, MY COMPANY. I HAVE NO BOSS.
For those of you who do not feel the government is abusive with its policies.....fine. I'm glad your happy. Some of us do however and this is what I started this whole thing for.
If you guys need to be told when,where and how to do everything I understand. That's why we have signs at the edges of a cliff that say "Do not drive beyond this point" or on milk cartons that say "open here" on electrical cords "do not sumberge in water" on glassware that says "fragile handle with care" and the list goes on maybe some of the rest of y'all can think of some more.
It is inconsiderate to forget about you guys. I fully understand how much work it is to have to think for yourself, after all I have employees and some of them need more attention. Maybe I'm on the wrong side of things and Darwin was right .......maybe we are evolving into ants. There maybe a day when the Queen just simply sends out a chemical signal and we all drive our trucks in the same way, the same time and when we stop we all call her and praise her for giving us her holy guidance.
Maybe what should happen is all of us send a letter to the FMCSA telling them just what it is we are not BIG ENOUGH BOYS TO DO. They must think we are just what we call ourselves now PROFESSIONALS. I know when i pull into the scales that they already have such a high respect for me now that they hardly ever have to check and make sure I've done my homework. Shoot most of the time they just wave with the big thumbs up sign and think to themselves "there goes another Dr. Joe Driver.....I mean trucker." I'm sure they turn to each other and say " Man that guy has driven a truck for 35 yrs. and I never have so its just so hard to pull him in and tell him how to do his job"
I even forget how much the government listened to us about the new HOS. We said we needed more flexability and by god we got it. I'm so glad that after ten hours off I get a whole :30 minutes off to rest up some more. I mean if i run into some things that slow me down in Detroit and all of a sudden I look up and its time to take that break in Detroit its sure going to be nice to hang out on the cut with the cool people living on the streets, drug dealers and 80% of the unemployed population. Maybe I can help them get into a trucking school.
The way everything is going surely I will not even have to fuel my own truck soon. After all it gets hard to remember to put that nozzle in the tank. Sometimes I just stand there and think "Why did I stop?"
I get to keep so much of what I make now I know I have nothing to complain about but it sure would be nice if the FMCSA would just take a little more so they could set up a short three or four week course to read and explain the laws and regulations aloud. I would really benefit from this!
I'm sure that many will disagree but trucking should not be about driving around the country, taking in the views, meeting people from all over and learning something everyday. The DOT should put walls up along every interstate so we do not disturb the animals or grass, we should not be allowed to speak to anyone, after all we are not even smart enough drive Because it takes 67,000 laws and regulations to inform us how to do so. And if we are so bad and unsafe that we must be inspected 4-5 times a day then WE ARE IN NO WAY SOMEONE KIDS SHOULD LOOK UP TO. Dyed in the wool criminals in many ways have more rights than we do so I will suggest that stores REMOVE ALL TOY TRUCKS FROM THE SHELVES. Come on guys what does this say?
Some of y'all have changed my mind from now on I will get a timer installed in my truck so I can remember to take a potty break, I will wear a diaper just in case. I will wear a rubber band on my wrist so I remember to keep a pen in my truck for MY LOG BOOK. Since I own my truck and company but want to be safe I will hire a college grad. to call me and tell me to get my day going,make sure I have done my pre-trip, eat lunch, they will call and check on me many times a day and check for fatigue. Call and make sure I have turned my lights on and off. They could call me and say "come on be a big boy you should not drink that coffee now should you" At the end of the day they will call and make sure I did my post trip, filled out my paperwork(and of course walk me through it) and last but not least remind me to study about all the new laws and regulation!
Maybe if I do this I can be a SUPER TRUCKER!
One day I very much so hope I can learn to do NOTHING FOR MYSELF. If I can just drink more of the KOOL-AID I too will be smart enough to realize that the government is the answer to all my problems and that I actually have NO USE FOR MY BRAIN OR MONEY. If I could ever get to be so perfect, so trained, so controlled and so well behaved then I can just give them my blood, brain, truck and what they need the most ALL (ALL) my money.
Those of you who have already reached this level of enlightenment PLEASE PRAY FOR ME .......FOR I MUST NOT KNIW WHAT I DO..........IM ASHAMED THAT I WANT TO USE MY BRAIN AND THAT I WANT TO KEEP ANY OF MY MONEY.
I know that my wife is always right! Bullhaulerwife she agreed with you I should have never said what
I did. So I offer this humble apology " Tazz I was disrespctful, rude and acted like a child. I had no right to say what I did. You were simply trying to point out how stupid of a comparison it was. I am a rookie like you said. I am silly just like you said! Everything you said is right and I will never disagree with you again. I so deeply sorry that I ever thought I was right! I have seen the error of my ways. Never, Never ever again will I call you a name!
I surely hope you can forgive me, as I have come to realize how much I can learn from you. Maybe we can even hug it out someday?
Sometimes I just forget about you guys and this is indeed inconsiderate! -
Regarding whether a carrier can legally keep tabs on you via EOBR, video, whatever.... It really is no different than if you worked at a fixed location, like a factory, and had an employee locker where you stashed your coat, lunch pail, whatever. It is the employer's property and they are exempt from something like the 4th amendment. Same if a person is an O/O running under their authority.
And we all have to keep things in perspective. The FMCSA, at least right now, is not mandating EOBR's in every vehicle. So, independent operators have really no beef. If they do become mandated, then it will probably be due to legislative action sitting in Congress now, and FMCSA really has nothing to say about it.
To be fair, the pressure is on a carrier, both by the FMCSA and their customers, to maintain a high level of safety and compliance. Many shippers are checking those CSA scores and putting the screws to carriers that aren't compliant. Like it or not, that is the economic climate we have to do business in.
And, while an EOBR will do nothing for vehicle safety on the road, it might just provide a level of safety from a renegade lawyer that wants to sue for something you did. In court, it isn't about the truth, it is what you can convince a jury to believe. It is easy to show how drivers will fudge a log book and how doing some overt action, like forgetting to sign a log page on Tuesday of last month (a technical violation of FMCSA regs), therefore means you are one of those non compliant drivers. An EOBR can help save your bacon in that kind of situation.
Sometimes it is worth while to step back and look at the big picture and not just think conspiracy thoughts like the government is watching us with black helicopters and such.Tazz, texan007 and CondoCruiser Thank this. -
Thanks cowpie1. I have come to see how this is a escape from a legal issue.
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This next election will help me decide quite a few things. Obama said "I will fundamentally transform this country" when he ran for election and he won! So there may not be as many of people who think like me left. This is a scary thought but it may very well be. I do not think the black helicopters are everywhere watching.....yet. I was raised to take care of myself, help and take care of my friends and neighbors. Not ask or be OK with the fact that the government wants to do it.
Presumption of innocence, right to privacy, hard work, freedom, believe in a Republic may very well be a thing of the past.
This what I believe in. Cowpie1 you make a very good point! But what a sad state of affairs.
People like me are not paranoid, silly, uneducated, or careless........we are sad! Sad that a once great country has come to this. This is not progress. We are no safer now than we were. We are not headed for prosperity.
We are headed for disaster! If we do not turn this mindset around soon we will not even recognize our country!
Simply put we are letting SOCIALISM SWEEP IN.
IT WILL NOT BE OUR COUNTRY LONG IF WE DO. Those of you who think you will not be affected.....think again.
It does sacre me. My family knows all to well how this starts and ENDS.
CALL US CRAZY, STUPID, REPUBLICANS WHAT EVER YOU WANT ......I just hope and pray that our country holds its values a bit longer.
We are a Republic for a reason! -
Texan,
The hours of service have been around how long? Since the 40's or so. I think you are getting hung up on the mere fact we are in a highly regulated industry. The Eobr is no different from the paper log. It captures the same thing. We are required to do one or the other at this time. History has shown that drivers lie on their log books. Thats a fact. I can shave 5,10, or 15 minutes here and there. I can cut a hour or two a day from my log. Thats not a news flash. if i get real creative, I can make it say whatever I want. However, if my company get an audit, I have possibly hung them out to dry with myself. Personally i like the elogs, i have no more worries. I get more time off and easily tell the dispatcher sorry i dont have anymore hours.
If you thought that you were in regular business when you entered trucking, you were sadly mistaken. Go run your other business, but I bet there is some sort of regulatory oversight. I imagine you have to have a business license, you have to comply with OSHA folks, you may even have some sort of inspector that comes by ever so often to ensure compliance. The days of riding your horse across a prairie and no one bothering you have been gone along time ago. If i want to become an airplane pilot for an airline, guess what I have to deal with their hours of service. If I want to be a train conductor, same thing. If i want to open a Dominoes pizza, I got the health inspector to de with. If i want to be a nurse, there's more oversight. Fact of the matter is, lot of jobs or industries have some sort of oversight or regulatory oversight. I'm, not here to argue with you or anyone, but when i got into this i knew what i was getting into. If you didn't you should have.Tazz Thanks this. -
unfort. no matter who we vote for, no matter what we think, no matter how many letters we write to congress....it all wont matter....politicians say all the right things til they are elected then do the opposite once in office.....the govt. sucks, always has, always will....and its only getting WORSE.....i dont agree with the statement of "well if you run legal then you dont have anything to worry about, what do you have to hide?"....its not about that......
texan007 Thanks this. -
You just can not grasp this is not about your political crap can you? It is not about you being a D or an R or an I, Obamanation did not suddenly start regulating highways, maintaining and regulating have nothing to do with the myriad of social destruction programs I llisted three pages back.
Better off moving this thread to romper room. That way they will not have to issue unrequested and irrelevant apologies for displaying their nature.Elendil Thanks this. -
so you believe guilty until proven innocent.kk got it.in that case you are a traitor to this country and what it stands for.texan007 Thanks this.
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