The Mandate

The FMCSA has done it-again. They want to mandate that all commercial vehicles have electronic logging devices (ELDs) by the end of 2016. OOIDA and those opposed to ELDs have been successful in blocking mandates in the past. The main argument against ELDs has been driver harassment. That companies find a way to force drivers to drive when they are tired. The FMCSA has countered with rules against harassment. The truth is that drivers were harassed long before ELDs. Drivers have always been pressured to “do your best”. The ones who did not get it there on time, were punished.

The ELD is not a safety device. It is a compliance device. Without the ELD the hours of service (HOS) regulations are nothing more the guidelines. Most of the arguments that I have heard from drivers oppose the HOS, not necessarily the ELDs. I was listening to the Dave Nemo show. Dave had two representatives from the FMCSA on the program. They were bombarded with complaints. One driver hit home. He was complaining about running out of hours while docked at a shipper. The FMCSA listened patiently to an obviously passionate driver. They told him that in this circumstance he would be allowed to drive to the nearest “safe haven” to take his 10 hour break. Then the driver said basically that he could “take care of it” because he had paper logs. That is not solving the problem.

The problem is that for too long drivers have donated time to shippers who waste it. The FMCSA has zero control over those shippers. OOIDA will tell you that there are more 14 hour violations than 11 hour violations. That indicates that dock time is the issue. Many of us see mandatory detention time as a solution. I believe that drivers should get paid for all dock time. The problem is that there is no one to enforce it.

Competitive economics is the ultimate enforcement tool. I have seen the ELD effect shippers. I have told them that I have a drop dead time. If they do not get me loaded by that time the load would be delivered late. I have had shippers respond positively and negatively to that. I have also shown their customers exactly why their shipment was late. They in turn have contacted the shipper and in no uncertain terms told them that if they could not get the trucks loaded on time that they would find another supplier. That is what will change behavior. That represents progress.

My telling that customer falls on deaf ears if the other driver can deliver the load on time. The driver under my exact circumstances “gets it there” when it is mathematically impossible to do it legally. It frustrates me that the other driver has falsified his log to gain a competitive advantage. If the shipper/customer does not need to worry about dock time they won't. They have always gotten the benefit of us donating our time. If they aren't forced to change, they won't.

Comments (7)

Jeff Clark

Jeff Clark of Kewaunee, WI has been driving a truck for 24 years. He has been an owner operator for 11 years.

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Thanks, Allen-really trying to find a way to universally hold shippers accountable.

March 23, 2014 15:58:56 PM

Excellent article Jeff. This gives insight to people who would only believe that any driver opposition to EOBR's/ELD's is to "cheat the system"
They enforce a not so perfect HOS rule without taking into Consideration variables.

March 23, 2014 10:13:03 AM

Thanks-Blogs on ELDs always get a lot of face book activity. The comments that I get there make me wonder if they actually read the blog. I always appreciate when people read the blog before commenting on it, whether or not you agree,

March 23, 2014 4:38:06 AM

Good blog.

March 22, 2014 8:17:49 AM

ELD's will change the industry more than 70's fuel crisis, strikes and protest did.

March 21, 2014 19:51:44 PM

Since you are an "off road" application it is probably different, but I wouldn't know how.

March 21, 2014 15:53:02 PM

This is good information Jeff. I wonder what it will mean to my operation since it is so different than most over the road operations. I'll have to do some checking into that. We only operate on wildland fires but it is common to be on duty 16 hours per day for 14 straight days.

March 21, 2014 15:12:07 PM