FMCSA investigation due to ELD violations? What to expect?

Discussion in 'Trucking Industry Regulations' started by dztruck, Apr 27, 2021.

  1. Dynames

    Dynames Medium Load Member

    374
    297
    Apr 13, 2016
    Here, There and Yonder
    0
    Sounds like an old person problem. Drink more water and eat more fiber.

    Not my fault someone was called to answer a question that may have them question their own beliefs in a flawed system they worship. But thems the facts now if it’s “tough cookie”.
     
    Trucker61016 Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Dynames

    Dynames Medium Load Member

    374
    297
    Apr 13, 2016
    Here, There and Yonder
    0
    This would be a great point if the system of regulations were equally enforced in all motor carrier operations under any and all conditions.

    But they aren’t. Waivers, exemptions and emergency declarations all exist. The regulations can simply *poof* disappear when the chips are down and work needs to be done. All about safety until safety is an inconvenience.
     
  4. Dynames

    Dynames Medium Load Member

    374
    297
    Apr 13, 2016
    Here, There and Yonder
    0
    reference above for statements below


    OP first post above, verbatim from the first page for reference material.

    I do not see anywhere in the first post where OP blamed the ELD for anything. OP also goes on to acknowledge they have violations and asks if he can be shutdown for it. You, @ZVar, are pulling your own first two claims from nothing. Now, in later posts (page 5) he also goes on to say he will avoid repeating these violations in the future. You give him no credit for that...at all. Matter of fact, the majority of what you’ve posted is little more than crapping all over someone about to go through an audit. An audit that which DOT will be conducting, not either you or myself.

    It sounds more to me like the OP is about to go through their first safety audit that anyone that’s filed and flown their own numbers before has more than likely been through. If OP was as “piss poor” and reckless as you claim, you think they would be here asking questions? Or would they just blow the thing off and wait to be shutdown (and open a different LLC and USDOT). I’d give OP the benefit of the doubt until the DOT finishes their audit and gives him a verdict. They may very well shut them down if things were heinous enough. They may slap them on the wrist and say straighten up.

    People are allowed mistakes if corrections are made. Adjust your attitude. You sound fit to blow a gasket.
     
    Trucker61016, dztruck and Bean Jr. Thank this.
  5. Long FLD

    Long FLD Road Train Member

    4,995
    15,530
    Mar 4, 2015
    Fairmont NE
    0
    If it’s your first audit you probably won’t have any fines, they will slap your hand and tell you what you’re doing wrong, and then come back in a couple months to make sure you’ve made the changes they said you need to. If not, that’s when the fines come into play usually.

    The OP’s post abound about being out of service until 10pm....you’re probably already to the point of having to reschedule your delivery, so unless they physically chased you out of where you were when your 10 hours was up there would be nothing forcing you to start driving at 10pm. Go to bed, get some sleep, start over in the morning.
     
    Trucker61016 and bzinger Thank this.
  6. snowwy

    snowwy Road Train Member

    18,280
    10,645
    Jul 6, 2009
    0
    I manage my time every day..

    Most days there's an accident or 2 or 3.

    And there goes my time.
     
    Trucker61016 Thanks this.
  7. Badmon

    Badmon Medium Load Member

    668
    1,142
    Oct 6, 2014
    Deep south
    0
    Stealing this. Thanks
     
  8. Bean Jr.

    Bean Jr. Road Train Member

    4,376
    6,829
    Mar 30, 2014
    0
    Normally I agree with at @ZVar and his knowledge of the regs is second to none. But to hold the HOS regs as being sacrosanct is a huge stretch.

    This is part of what I wrote to a local newspaper explaining my objections to the rigid enforcement that ELD engender; One can be in compliance with the regulations and still be fatigued and one can be tested, safe and at the same time be in violation of the HOS. Tony is a local driver who works 6 am to 6 pm. His friends call him Thursday afternoon "Tony, we need you! Being a truckdriver, you're the safest bet for a designated driver. We know you won't cheat, and besides, Donna's cousin from Miami will be here!" So Tony is the designated driver and they close the club. Tony is up until 3 with Donna's cousin. He sleeps in and starts at 8. He is completely in compliance except that he is exhausted.

    Contrast me, an OTR driver who stops 10 pm, 14 hours after I started. I take 1/2 hour for shower, get 8 hours of sleep, and 1 hour 15 minutes for a morning shower and breakfast. Wide awake, ready to go, I leave at 7:55 am, 5 minutes short of my 10 hours.

    Can any thinking person believe that making me take another 10 hour break in order to comply would make me safer?
     
  9. Patrick615

    Patrick615 Bobtail Member

    47
    39
    Jun 10, 2018
    0
    If I sit somewhere for 1 1/2 hours I’ll make it 2 and backlog it for off duty and get a few extra hours drive time. There’s many ways to extend your time if you think outside the box. Use THEIR rules against them.
     
    Trucker61016 Thanks this.
  10. TallJoe

    TallJoe Road Train Member

    5,522
    9,859
    Apr 12, 2016
    Chicagoland
    0
    I read a short article in Landline magazine "ELDs are a prime example that regulations don't always equal safety."
    Briefly, it says that crashes involving trucks went up, and that according to government's own data. It also says that 90% of drivers involved in fatal crushes (in 2019) did not receive a moving violation.

    It is still possible to argue that had there been no ELDs, the crushes would have been higher...But from my own experience, feel and intuition, that's not the case. ELDs as a strict following of HOS contributes to more stress and tension while performing duties.
    I am confident that the flexing of some rules that came into effect in September last year helped quite a bit, we'll see. To my surprise though, lots of drivers, their companies and safety departments may not even know how the utilize it, or they may choose not to do so, for the sake of simplicity and difficulties of conveying the potential of the changes to their drivers.
     
  11. Accidental Trucker

    Accidental Trucker Road Train Member

    2,415
    4,472
    Jun 4, 2015
    0
    To be very honest, the new flexibility rules are not particularly easy to grasp. Even before the added complications, I have had several drivers that simply could not compute a split sleeper scenario and stay legal. With the advent of ELD's I see more drivers who really do not understand HOS beyond "the ELD says I have 3 hours left".

    We use every exemption we can, including Ag Exemption and split sleeper, and it makes a HUGE amount of difference. I think you are right to point out the stress that being "under the gun of the clock" adds to a job. If you know you have the ability to stop when you're tired, the overall stress level drops.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted