Why CSA 2010 and E-Logs are a good thing.

A trucker, a logbook, a loading dock and some really bad advice …

by Mark H. Reddig
For a long time, we have said that the big problem with compliance takes place at the loading dock, not on the road.

Over time, we have had one call after another confirming that point.

Yet, over and over and over, a number of groups in this industry – from people at the FMCSA, carriers, supporters of EOBRs and more – insist on talking only about driving time.

If you want yet more confirmation that the loading dock is where the problem lies, and that the folks regulating you don’t get it, try this on for size.

A trucker – leaving only her first name, Lori – called us about a delivery to a federal facility.
She had an appointment, even arrived a half hour early. Yet it was 9 hours – count ’em, 9 – before she was able to leave.

Of course, her 14-hour clock was entirely run out. Technically, she could not move the truck one inch. So to seek guidance, she called one of the FMCSA’s field offices.

The advice she received just about kicked me in the head like a Missouri mule.

The FMCSA official said it was no one’s responsibility that she was held up so long. However, and he made this clear, under no circumstances should she move the truck.

That’s easy to say for a desk jockey, and a hell of a lot harder for a trucker. I’ve heard from others in similar situations told by shippers or receivers to leave the dock and the lot, or face arrest.

Lori says that before the FMCSA beats up on drivers, they should look in their own backyard. I agree – especially if a federal facility is doing this.

They also need to look at the people they’re hiring if they think that’s the kind of answer they should give a trucker in her situation.

This situation hits a whole range of issues we deal with here at OOIDA, and that truckers deal with very, very directly on the road every day.

Lori had to wait, legally required to stay on duty, not driving in her log, but was not paid for one minute of that time, as any other American worker in any other job would be.

The wait time robbed her – literally, as far as I’m concerned – of time she could have spent earning money.

It put her in a terrible situation, especially for someone who has no logbook violations on her record.

How was she supposed to drive to a proper and safe resting place with no time left on her 14 hour clock?

Have these people never heard of Jason Rivenburg?

But this situation also touches on other issues not even present. One example is EOBRs.

I don’t know if Lori was using one or not, and I need to make that clear.

But in her situation, an EOBR would have had no way to tell, as she waited, whether she was loading, unloading, on duty, off duty, in the sleeper berth, or even in the truck.

It could only say that her truck was not moving.

EOBR supporters say over and over that the devices can stop cheating, that they can ensure compliance.
Lori’s situation proves that to be pure, unadulterated bull.

When you are waiting to load or unload, or in attendance as the truck is being loaded or unloaded, the regs require you to be on duty, not driving. They require the 14-hour clock to keep ticking.

Yet, if she were of a mind to, or if she were pressured into it, she could have marked the time she was waiting as split sleeper berth time, counting that as her 8 hours. She then you could have driven somewhere, waited 2 more hours, and then gone on to another load.

The EOBR would mark all of that down as perfectly OK, despite it being a direct violation of the hours of service.

Lori did everything in her power to be compliant and to follow the rules.

Look at what they gave her.

This agency thinks people like Lori need EOBRs. I think the agency – and Congress – need to hold folks who are responsible for your situation LEGALLY RESPONSIBLE.

Until they do that, nothing they do will truly end this issue. If they think otherwise, they are fooling themselves.

 

Very good post!!!

 

This is sad and the worst part is that half of the drivers don't even realize what's going on. People just don't wana work anymore and are lazy. Anything dot put forth, everyone goes with it. There's no unity within trucking and they don't have any balls to stand up for themselves. I'm not understanding why people been having Elogs for 3+ yrs n they are not even mandatory. It's all about money... The larger companies are pushing for it so they can continue to justify why it takes 3.5 days to run 1500 miles n hope for a freight rate increase. The cheap companies big or small, lease operators, etc are finally starting to realize u can't run a reputable trucking on 1.05 mile. Keep enjoying ur month or two on the road n gettin 3 days off. Living on the road, sum barely take showers, bringing home an average of 750.00 week for being gone for 6 weeks, no sex, etc... Now thats who driving the industry down. Wonder why their wife or girl is leavin them, kids hate em w a passion, dog barks at em, don't have no friends outside of trucking, n live in little shacks w their pretty swift truck parked outside. Longlive the outlaw trucking companies that's pay well n treat their drivers w respect n the crooked outlaw truckig companies that's still paying .29 can go to hell. Before long companies will be telling drivers 2months off for 6 days off n sum guy living w his mom at 39 is going to take it. CSA is fine w me but Elogs should die immediately!!!!!!!! Note I own two trucks n still drive a few times a month so I know what's going on out there.

 

Clearly.

and so why does it take that long?

I'll guess that eLogs didn't cause all of this.

 

meltom

what did you think of my post above, the story of Lori?

 

That was a great post, I'm sure some version of that story happens all the time ........ Good luck getting Meltom to say anything negative about e- logs.

 

Meltom has already stated throughout this thread that he DOESN'T think they should be mandated..... He is in agreement with the good guys. He prefers to have drivers on them within the company he works at but he agrees they should not be mandated.

 

but i wonder what the eloggers would have suggested Lori do?

and is it right that she had two choices, 1-lie about being offduty not driving for 9hrs or 2- alter her logs to drive

9hrs sitting without being paid and we are supposed to be out here making a living, not babysitting freight, and the rules stop us from that

 

For over 10 months, 4 yrs ago, I was leased to someone that used them. I personally think it could only be effectively used for line haul or strictly drop n hook operations. The Lori post is way too common n frequent in my experiences. All I'm saying is drivers need to wake up. You will be running out of hours away from the house all the time. Even if you don't like going home; u are not going to do better than the guy going home everynight w elogs. I don't know of any other industry that deal w being gone 300 sumthing days n only makes 40,000-50,000. Even a journeyman janitor makes more than that. Drivers need to go to work for reputable companies n stop entertaining this bs that companies n dot wants u to believe

 

Well, as to Lori's story, alot depends on the circumstances. If the shipper didn't care whether I waited in the truck or not, would have hopped in my sleeper and watched TV. Bam, you are now on line 2. No lieing, no muss, the regs state any time spent in the sleeper be marked as line 2. It doesn't say you have to be ASLEEP. Sure, that won't do a whole lot for you when you do get tired later, but that's where driver responsibility comes in to pull over and sleep when you are tired even if you have plenty of hours to run. Now, if the shipper required me to be on the docks that entire time, hell ya, that's getting marked on line 4. If the company you are with doesn't pay driver-assist on unloads, then you need to find a company that does. Or if they don't pay detention, same thing. I could get both, and if I'm going to get paid for it I'm gonna log it. Then I'm going to take my 8 or 10 hour break in that door unless the company (meaning, who I drive for) authorize me to move the truck to somewhere else on the customers property. If the customer won't let you sleep on that property to finish out a break, then it's time to call the local sheriff or PD and have them explain it to the company. Moving on private property is a whole different ball game then moving on a public road if you are out of hours. Oh, and if the customer decides to tow my truck because I wouldn't leave and the police haven't responded? The last safety director I worked for summed it up nicely: "They can pay to have it towed out, pay to have it towed back, then pay to have any damage fixed, on top of the detention and driver assist."

The fact that drivers aren't getting paid for time waiting at shippers and receivers has as much to do with the trucking companies as it does with the shippers and receivers themselves. Good companies mostly pay (or pay well enough otherwise that it's not really an issue anyway, ie flatbeds and such, since it's generally considered part of the job), bad ones don't. One of the first things I look at for a company isn't what they pay per mile or how many miles per week you get on average with them, but what accessorials and extras they pay. The last company I was with was great, they paid $25 to tarp a load, $25 to untarp, $15 strap/chain, and $15 to unstrap/unchain. That adds up if you do alot of short haul and are decent at tarping/securement, let me tell you.


Anyway, ya there's a lot that the FMCSA, gov't and the public in general don't understand about trucking in general, but it seems to me most truckers who piss and moan all the time also are the ones who only look at the worst case scenarios or think that since they've done things a certain way that they should always be able to. To the first group, meh, I've got nothin to say to that. Doom and gloomers are always out to try and ruin my day and I won't let em. As to the 2nd group, times change. Period. If you want to make money, you change with them. That's business. Don't like it? Then don't do business (and yes, trucking is a business, even if you are a company driver!)