HOS changes and my perspective on EOBR's...

July 01 marks the beginning of new guidelines that will once again affect all of us connected to the trucking industry in one way or the other.

The new HOS guidelines are readily available online in case you've been living under a rock

Although the tweaking of the HOS rules are causing consternation for most, the mandate for EOBR (Electronic Onboard Recorders) by the FMSCA has been by far the most controversial issue I've witnessed in my experience with the trucking industry.

The mandate is not yet fully implemented, it's being challenged on varying levels in the courts by assorted trucking associations, however, my conviction is that it is only a matter of time before the use of EOBR's will be mandatory.

The regulatory arm of the Federal Government carries a big stick...

Even if the mandate for EOBR's is rejected by the courts, I believe that the factors of liability for the trucking companies, shippers, receivers and brokers will be enough to force companies into EOBR compliance voluntarily.

Why? Let me explain at least one major reason why, namely HOS violations.

The establishment of CSA2010 by the FMCSA has much to do with it. The BASIC (Behavior Analysis and Safety Improvement Category) scoring system utilized by the FMCSA via roadside inspections places responsibility for compliance on both the driver and the company.

Depending on a particular violation noted during an inspection, a weighting and time frame score is levied against both driver and company.Thresholds for violations are measured by the scores of a peer company. Go beyond the threshold and driver and company can be placed under review by the FMCSA. Which goes back to an original point I made, the FMCSA carries a big stick!

If the company has a high score in the HOS section, the FMCSA is going to recommend to the company owner that installation of the EOBR in the fleet will make them a lot happier, if you know what I mean.

However, going back to the liability issue, anyone can now view the CSA BASIC scores of a trucking company on the FMCSA website, including shippers, receivers, brokers and lawyers!

Why is that relevant? Let me share an anecdotal story I heard recently. A particular trucking company continued to employ a driver that had many violations, including being arrested for crystal meth use, etc. One day while driving down the road viewing pornography on a laptop rigged on his dash and utilizing the services of a call girl, he was distracted and ran into the back of a car, killing a teenage boy and severely injuring a young girl.

The lawyers went after and won a large settlement for the family. They sued and won against not only the company but the BROKER who brokered the freight! They convinced the jury that the broker was culpable because they should of known (based on readily available info) these guys were bad actors.

So, if I'm a company owner and my scores on CSA are skewed anywhere near the threshold mark for DOT review and scrutiny, I'm doing whatever I need to do to change things, including installing EOBR's on my fleet trucks even if they are not fully mandated.

Why? What if one of my prized shippers start to get nervous about my CSA BASIC scores and feel they are in danger of being liable for continuing to do business with me in the event there is an accident with one of my drivers and a major lawsuit ensues?

This is only one reason why I believe more and more companies will continue to install EOBR's even if the mandate is delayed.

 

"The government isn't going to control me through one those EOBR's!"

I hear that statement consistently from drivers all the time. To which I reply, "the government is telling you (via regulation) what you can and can't do at least a hundred times a day..."

 

"You can't make any money (miles) using one of those thing!"

That's another one I hear all the time. When I tell them I average over 12,000 miles a month and am home at least 2 nights and a day and a half a week, those same guys start stuttering.

 

I personally like using an EOBR. Along with keeping me from making basic form & manner mistakes (which make up 70% of all log violations) I like communicating with and receiving my dispatch info. via the unit.

I also like the diagnostics (truck performance metrics) features available on a fully functional EOBR. It has helped me become a better driver I believe.

In addition, I like the fact that dispatch cannot STRETCH me like a rubber band anymore by putting a plan on me that they know I cannot legally run, but just might because I aim to please and perform would accept. If I receive a dispatch I can't legally run now, I just tell them nope! Can't make it on time. If you want me to do it, I will be there by such and such a time. Almost 100% of the time now they tell me to grab the load and they reschedule.

That's life!

I mean c'mon now, we all know that dispatch would NEVER put a plan on a driver that they know he couldn't possibly legally run, RIGHT???