Ask The Trucker

Raising the Standards of the Trucking Industry


Governed by the Clock- Paid by the Clock

Aug
14,
2016
1

Governed by the Clock- Paid by the Clock

If Employee Drivers wages go up, the rest of us will benefit with a higher labor rate.

Pat Hockaday-Truckers United

Pat Hockaday-TruckersUnited.org

Trucker Wages- A misleading fact is that since company truckers are only paid when producing pieces,  Employee Drivers are led to believe that they are only At Work when they are producing pieces.
Wrong, their time is governed the entire time, they are NOT on Personal Time!
They are AT Work/Working the entire time-Not on Personal Time and they have agreed to be paid piece work wages that cover All Time spent “AT Work/Working.”

Drivers want more time (hours) to produce pieces which in effect floods the market with capacity thereby minimizing their pay.

Solution, Governed by the Clock, Paid by the Clock.

The trailer can not be loaded until it is unloaded and this cycle is endless. Therefore  loading/unloading is a job duty that must be preformed in order to continue the revenue stream of completing the job so as to start another job.

Drivers have flooded the market with available working hours, to the content of the carriers, by logging detention time as “Off Duty”.
A flooded market is a CHEAP Market due to supply and demand.

I would like to see all time spent being detained logged “On Duty Not Driving” as that was the original intent of Part 395.2 as the Driver is in readiness to preform work WHILE being detained.

Piece work wages for Employee Drivers actually pay these Drivers for their detention time as the Drivers agreed at the time of their employment to be paid by the mile, by weight or by percentage.

The 14hr rule prevents Employee Drivers from utilizing needed time to produce pieces when they are detained by shippers/receivers.
I would also suggest that regulatory detention and company forced detention prevent drivers from using their time to earn as well.

The Drivers time has been sold to the employer in return for the possibility of producing pieces and now that the regulations have caused the Drivers to work within a more stringent window, the Drivers have realized that they are not being paid enough for the time spent AT Work/Working.
WAITING is a job duty that must be preformed while being AT Work!

If the driver is AT work, then he ought to be PAID for being at work!
It’s either ONE or the OTHER, not switching back and forth to suit the situation.!
Dave reviews the issue.

PAY ME, When I’m at Work! Trucker Wages

The obvious solution is to offset lost production time with detention time.
Why only go after detention time spent at shippers/receivers?
The regulations prescribe the job duties that must be preformed such as the 10hr and 30min breaks.
An Employee Driver may be dispatched to go and wait for a day before loading or offloading.
Isn’t the Driver following the directions of the supervisor by doing so?
Isn’t the Driver being detained for a day prior to loading/offloading?

Again, most Employee Drivers have sold a week of their time in order to earn one day off. In the U.S., they may claim the per diem tax right off for each day that they are AT Work, Not At Home

Once again, the Solution is; Governed by the Clock, Paid by the Clock.

When the Employee Drivers are paid a fair and decent wage for their 24hr work days that may be within a multiple day or week work shift, the employers will have no choice but to charge those abusing the Drivers Time a higher rate to cover the cost of labor.

If Employee Drivers wages go up, the rest of us will benefit with a higher labor rate.
JoJo’s Paper

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ELD Mandate DOES affect ALL drivers

Jul
5,
2016
2

The ELD Mandate Appears to Affect Only the Few BUT Actually Affects US ALL!!

Truck ELD

ELD’s DO NOT keep truckers from working more that 70 hours/week

Concerning ELD’s and OOIDA’s court battle against the FMCSA, I think we need to break things down to better understand the nature of the issue.

ANALYSIS: FMCSA’s reply brief in ELD lawsuit a mixed message on driver privacy

 

 

Basically there are 4 groups of Drivers.
1-Company Drivers
2-Lease Purchase Drivers
3-Owner Operators (equipment owners leased to a carrier)
4-Independents, who are actually one truck carriers.

OOIDA -FMCSA ELD COURT CASE

While OOIDA represents ALL  Truck Drivers, I feel that, on the surface, this court case pertains to the Independents more so than the rest of us.

Should an Independent have to monitor themselves? An Independent has a lot invested in equipment. They also must maintain records and all other documentation in order to have their own authority as they are subject to scrutiny at any moment by FMCSA. These Drivers have a lot on the table that could easily be lost if they don’t manage their business properly or if they gamble with the regulations. Personally, I believe that Independents have too much to lose and that burdening them with ELD’s is unnecessary.

 Company Drivers have no say whether their truck will be equipped with an ELD as it is up to the carrier to decide. I personally believe that Employee OTR Drivers are AT Work / Working the entire time that they are stationed to the truck UNLESS they have requested and have been granted personal time off. I believe that these Drivers should be paid 24/7 while they are AT Work / Working.
As these employees are AT Work, these employees should have the right to privacy no different than any other employee who is AT Work. Cameras are not allowed in bathrooms or clothes changing rooms for example. ELD’s and rear facing cameras that monitor and supervise the employee verify the fact that they are AT Work. After all, the employer does Not Monitor and Supervise the Employees When THEY ARE AT HOME!!!!
When they are AT Work, employees may be granted liberties so that they may continue to work. When employees are Not AT Work, they have the freedom to do as they please to a degree.

Understand, this job even follows Drivers home as we may not work for pay without reporting the hours we worked on our Drivers log book. The carrier expects their employees to have Available Working Hours upon returning back to work. Having these expectations asserts a degree of control over the Employees Personal Time. What other Semi Skilled Professional is penalized for having a part time job?

Pat Hockaday-Truckers United

Pat Hockaday-TruckersUnited.org

 Lease Purchase Drivers Not meaning any disrespect, Lease Purchase Drivers are Employee Drivers who are renting a truck from the carrier. The carrier will decide if they will have an ELD or other monitoring device in the carriers truck.

Owner Operators, such as myself, own the equipment that is leased to a carrier and works under the carriers authority. Again, the carrier will dictate whether or not an ELD is to be used and it makes sense that they will utilize ELD’s as a management tool. I have grown to accept that I will be required to use an ELD as the carrier I am leased to has the operating authority that I work under. They are responsible for maintaining my log book records and an ELD makes it easier for them to do so as well as track my mileage for IFTA.
There are other advantages for the carrier as well.It’s my choice whether or not to stay an OO or to move up to being an Independent Owner Operator.

Independent Driver – If I were an Independent, operating under my own authority, I would utilize an ELD for the same reasons that carriers use them. I already know and understand that I am AT Work / Working when I am anywhere USA in the truck in order to earn a living so an ELD only becomes another obstacle to work around no different than traffic. The truck needs oil, diesel, and fuel to operate and the Driver is no different.Proper maintenance of both the Driver and the truck is crucial to the customer and for public safety.

Personal Conveyance Rules – I do believe that personal conveyance rules no longer apply as there is no such thing as “Personal” if you are being surveilled 24/7. These rules need to be modified so as to allow ALL Drivers to use the truck for commuting such as to the grocery store or between work place and resting place without penalty.I fully understand why single truck owners who have their own authority do not want or feel that they need these monitoring devices. These Drivers work for themselves and are responsible for themselves and their clients. They also must answer to the FMCSA in audits and during inspections.These Drivers have too much to lose by gambling with safety. If anyone has skin in the game, these drivers do.

Should We ALL Back OOIDA’s case against ELD’s? I believe so. I fully back OOIDA in their efforts as this is a precedent setting case. If a line is not drawn in the sand, what will come next?? I have already been made aware of watches and other body monitoring devises that are supposed to monitor the driver for fatigue. There are sensors for the seats and the beds as well as rear facing cameras that are capable of monitoring eye movement for fatigue. While I don’t like the thought of all of this invasive monitoring, I am at the pleasure of the carrier I am leased to.

If OOIDA loses this case what may we expect to come in the future? If OOIDA loses this case what precedent will be established that may affect other industries and possibly even our personal lives? So what are WE to do about all of these monitoring devices?

I think we start with the Employee OTR Drivers. We need to ensure that these Drivers are Properly Paid for ALL Time that they are being monitored and supervised while they are stationed to a truck anywhere USA. They must be ready, willing and AVAILABLE to perform the duties of the job as prescribed in the FMCSR’s while following company policy to be eligible to be paid for their time, otherwise I would consider them to be Unavailable and they should go unpaid.
An Employee OTR Driver who refuses dispatch would in effect be Unavailable for example. Paying Employee OTR Drivers for ALL Time would put an end to these Drivers being forced to work for free as they would automatically be paid for:

1. Detention time while servicing the carriers customers at the shippers and receivers
2. Company forced detention time such as waiting for dispatch or for being detained for hours or days until they may load or offload

3. Regulatory detention as the FMCSR’s require a ten hour and a thirty minute break in which the Driver may not work as required by the regulations for which the Drivermay be terminated for NOT Being In Compliance With.

Tell me of any other job where the employee may be fired for NOT Taking A BREAK?
Furthermore, an Employ Driver that is being paid for “All Time” would have no need to operate unsafely or out of compliance.

 What about “lazy truck drivers”?

The ELD Knows All That The Driver Does and terminating lazy unproductive drivers will be an option to the carriers. The Employee Drivers incentive to do a good job will be no different than any other employee, a good paying job and JOB SECURITY.

By paying Employee Drivers for ALL TIME we will put an end to Cost Effective Inefficiencies. Filling seats thereby flooding the market with capacity that Drives

Freight Rates Down holds ALL of US BACK!

Rip Off lease purchase programs that place Cheap Capacity into the market will decline or come to an end as hungry Employee Drivers would not need to fall for these scams hoping to earn more.

As the Employee OTR Driver would be earning a fair wage fitting the job, enticing a company Driver with a new truck and then not giving them the miles they need to pay for it would come to an end.

Many speculate that ELD’s will increase Drivers wages. I don’t believe so because as long as there is a Cheap Labor force willing to be manipulated into WORKING for FREE, lost capacity due to ELD’s will quickly be replaced by units filled with Employee Drivers who are paid “When the Wheels Are Turning”.

CHEAP FREIGHT Relies on CHEAP LABOR!

Regulations are easy to implement as the cost is minimal due to CHEAP LABOR!
Safety Comes At A Price that “We The Drivers” are paying in Lost Wages due to affordable regulations. For most, the pay is unfit for the JOB of being AT Work unable to enjoy the Freedoms that a Job Should Afford an OTR Driver!

 I have No Problem with single truck owners operating under their own authority to be exempt from ELD’s, but for the rest of US, we need to make “These Boxes Work For US!”

Pat Hockaday (JoJo)

TruckersUnited.org

FightingForTruckers.com

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Attorneys discuss live 3.1M sex discrimination case

Jun
29,
2016
0

Attorneys discuss live 3.1M sex discrimination case

June 30, 2016 Thursday 6:00 pm Eastern
Listen on your phone (646) 200-0616 or via the Link
“Discrimination is not the Solution to Sex Harassment in Trucking”

 

 

Attorney Paul Taylor of Truckers Justice Cente

Attorney Paul Taylor of Truckers Justice Center


Discrimination appears in many forms and can affect numerous types of people. The most cunning type however is the when a discriminatory action professes to protect those who are being discriminated against. This was the case with  female truck driver, Deanna Roberts Clouse who felt because she was a woman, she was being discriminated against by New Prime, Inc’s truck driver training program.

Deanna  Clouse contacted  Attorney Paul Taylor of Truckers Justice Center who filed a discrimination charge.  The  lawsuit became part of a Class Action against Prime with the U.S. Equal Employment Opportunity Commission ( EEOC) and Attorney Taylor.

A federal district court judge found that Springfield-based Prime Inc. violated Title VII of the Civil Rights Act of 1964 by having a policy where only men could train men as truck drivers, and only women were allowed to train women.   Their reasoning  Prime contended they was “it put the policy in place in order to protect female applicants.” Prime had lost a 2003 Sexual Harassment case with the EEOC and in 2004 placed their “Only Men can train men and only women can train women”

EEOC

In May of 2016 EEOC Press Release  announced   “Prime, Inc. to Pay Over $3 Million After Court Ruled it Used Discriminatory Hiring Practices”

Trucking Giant’s Same-Sex Trainer Policy Kept Women Drivers Out of Jobs, Federal Agency Charged

Prime agreed to pay $250,000 to Clouse to resolve her claims and Prime agreed via consent decree to pay over $2.8 million in lost wages and damages for 63 other women who were denied job opportunity.

“Andrea G. Baran, regional attorney of EEOC’s St. Louis District, said, “When women break into male-dominated fields, they are often trained by men. We should not expect that these women will be sexually harassed. It is disrespectful to men everywhere to assume that they will harass women if they work together in close quarters. Rather, employers have a responsibility to adopt strict anti-harassment policies and practices and enforce them so that all employees – regardless of sex – can work and succeed together.”

EEOC St. Louis District Director James R. Neely, Jr. added, “Being male or female is not relevant to whether a person can be a good truck driver. While the trucking industry was desperately looking for drivers, Prime locked women out of their workforce rather than focus its efforts on preventing sexual harassment. Moving forward, we hope that Prime will respect the court’s injunction and provide equal opportunities to all applicants, without respect to sex.”

A new lesson in hiring from the EEOC: You can’t get away with discriminating against a specific group of applicants by improperly structuring your training program.

Join the Women Truckesr Network as they bring the lawyers responsible for winning this case on the air.

Paul Taylor – Truckers Justice Center – Plaintiff’s Attorney

Dayna Deck – EEOC Senor Trial Attorney

Jan Shelly – EEOC Senior Trial Attorney

Do you agree with the verdict? Was Prime right in their policy of “Men train men and women train women”  or is there a deeper problem that is being covered up?

June 30, 2016 Thursday 6:00 pm Eastern
Listen on your phone (646) 200-0616 or via the Link

Discrimination is not the Solution to Sex Harassment in Trucking

 

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Improving Trucker “Gut Instinct”

Jun
22,
2016
1

Improving Trucker “Gut Instinct”

Carolyn O'byrne

Author of “Gut Instinct” Carolyne O’Byrne of Life Coach Service

Gut Instinct: Transform your life and health with the power of your gut

So many drivers endure the numerous sacrifices of over the road trucking. Their lives include living for days, weeks, and sometimes months in a confined space without the  comforts that we all take for granted.  Besides being without” comforts”, even the most basic needs of life are sometimes more difficult to access and maintain.

Two of the most basic and vital needs for survival are Sleep and Food.

Every truck driver knows that sleep is something that’s not easy to come by when you’re running OTR, especially with the irregular schedules, waiting times, unpredictable circumstances, and the all important Truck Parking Shortage.
Today though we will talk about the other basic need – FOOD!!

Food as it relates to Health- Eating does not mean Nutritious

How the need for the book “Gut Instinct” all began

Gut Instinct

Gut Instinct-by Carolyn O’Byrne of Life Coach Service

Carolyn O’Byrne of Life Coach Service has been a part of the trucking industry for almost 20 years.  As the wife of an over-the-road truck driver, she and her husband have been associated with the trucking industry since 1999. In that time, she’s seen and experienced the very unique issues which affect professional drivers and the people in their lives.

One of those issues is poor health of professional drivers, and she has seen plenty throughout  the years; diabetes, obesity, high blood pressure, arthritis, heart disease, respiratory disorders, digestive problems, cancer and more.
Because of the Trucker Lifestyle, these illnesses are  greater for truckers than in many other professions. These illnesses added to the difficult trucker lifestyle, along with her own personal near death experience, has led to the her book…

“Gut Instinct- Transform your life and health with the power of your gut”

As  mentioned, the major reason drivers have such poor health is their lifestyle, which often includes poor eating habits. Because of the nature of the trucking profession, having “healthy” food on hand or readily accessible is considered a luxury. Not only is there limited space in the truck, but time, parking availability, and tight schedules make it much more difficult to access. I said difficult…. NOT impossible.

So drivers are accustomed to stopping off at truck stops, grabbing fast food, chips, coffee, snacks, soda… anything to remedy the hunger, often without thought of what the food is made of…. and doing to them.

The result is poor nutrition, eating food which is often down right harmful, and many times contributing to disease and poor health.

Carolyn’s book,”Gut Instinct”, doesn’t just tell you what and what not to eat, but rather it shares how foods affect your entire bodily system…. starting with the most important part, your Gut.
After you understand the “what and why”, the book goes on to help you with the”how and where” to do and go in order to move forward toward a better and healthier life.

Here are  just a few highlights covered in the book”Gut Instinct”

  • How your gut affects your entire health and immune system
  • What kind of foods are creating a greater risk for disease?
  • How Processed foods are killing us!
  • How you can eat 5000 calories/day and still be malnourished
  • The most common factors to be aware of in order to maintain good gut health
  • What are the major causes of “leaky gut syndrome” which is leading to sickness and autoimmune disease?
  • How can antibiotics many times do more harm than good.
  • How does your gut affect your emotional state?
  • How you can eat Healthy in a Truck…. whether you cook or not…Recipes included!!
  • What are  Genetically Modified Foods (GMO’s) and how they’re destroying our immune system! ( GMO’s are banned in most other countries!)
  • The myth accepted about eating “plenty of whole grains”
  • The #1 Food that cancer thrives on…. Stop eating it!
  • Natural cures and remedies!

Gut Instinct is available in both hard copy and a downloadable version on Life Coach Service website

WIN A KINDLE FIRE!

Between June 22, 2016 and July 6, 2016, (2 weeks.) leave a review for “Gut Instinct”  on Amazon and be automatically entered  in the drawing for a Kindle Fire.
IF the book gets 60 reviews,  you will also receive a COVER for your kindle.  So get out there and tell your friends.  Let’s see who wins!

Carolyn will be a guest on AskTheTrucker Live Thursday 6-23-16 6PM to discuss her book and answer any health questions you may have.
Listen from your phone 347-826-9170 or via the player below.

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Why New York Chiropractors can’t perform DOT medical exams

Jun
16,
2016
3

Chiropractic Chiropractors in New York were NEVER permitted to perform DOT Physicals.

Why NY Chiropractors Can’t Perform DOT Physical Exams

There is a lot of talk and a lot of angry sentiment surrounding the Federal Motor Carrier Safety Administration’s (FMCSA) decertification of all chiropractors licensed in the state of New York.

Chiropractors around the nation are complaining.  The Owner-Operator Independent Driver Association (OOIDA) has called its members to bombard the Federal Motor Carrier Safety Administration (FMCSA) with phone calls, emails and letters to complain.  CMV drivers are upset.  There is a lot of misinformation and rumors floating around.  People are furious with FMCSA.

Related Post FMCSA removes New York chiropractors from trucker medical examiner registry

 

National Registry Certified Medical Examiners

Is their anger focused on the right organization? What is really happening?  Why are chiropractors licensed in New York decertified from the National Registry of Certified Medical Examiners (National Registry)?  Is it FMCSA’s fault? If not, then who is responsible?  Does FMCSA have a vendetta against chiropractors?

Before getting too upset with FMCSA and before spreading the rumors, it is important that you understand the full picture. The following paragraphs answer the questions above, explain the actions of the New York Chiropractic Board and FMCSA’s response to the Board’s action.

FMCSA and the National Registry

To become a Medical Examiner on the National Registry of Certified Medical Examiners (National Registry) a health care provider must:

  • Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations
  • Complete required training
  • Pass the Medical Examiner certification test
  • Maintain certification by completing periodic training every five years and recertify by passing the ME certification exam every 10 years

FMCSA doesn’t decide whether the health care professional can perform physical examinations. The State Board that issues health care professional’s license makes the determination and calls it the “scope of practice.”

The New York Board of Chiropractic

Federation of chiropractic licensing boards

In New York, The Office of Professions, State Board of Chiropractic determines the scope of practice for chiropractors licensed in their state.

I talked to a representative of this State Board on June 14, 2016.  According to him, chiropractors in New York were NEVER permitted to perform the type of physical examination required to determine a bus or truck driver’s physical qualification to operate a commercial motor vehicle (CMV) in interstate commerce.

So, once the Board learned that licensed chiropractors were listed on the National Registry, the Board itself took action.  They sent cease and desist letters to all the New York licensed chiropractors listed on the National Registry. These letters told the chiropractors to stop performing DOT examinations because it isn’t included in their scope of practice defined by the state of New York.   By working outside of their defined scope of practice, the New York chiropractors were performing the exams illegally.

Chiropractors aren’t the only ones who must follow their Board’s determinations.  ALL medical professionals must conform to the scope of practice defined by the state board that governs them.  Even though their state may not permit something that another state allows.

Anger toward FMCSA

FMCSA cannot list practitioners whose scope doesn’t include conducting the DOT physical. So FMCSA had to decertify the New York chiropractors. Makes sense, right? What doesn’t make sense, to me, is being angry with FMCSA for the New York State Board of Chiropractic’s decision.

I think the anger toward FMCSA is misplaced. To be upset with FMCSA and to send letters, emails and make phone calls harasses the FMCSA staff who have no control over the situation.

It isn’t FMCSA’s fault!

FMCSA was complying with their own definition of Medical Examiner and the New York Board of Chiropractic Medicine’s determination. The very definition of an FMCSA Medical Examiner is “a person who is licensed, certified and/or registered, in accordance with applicable state laws to preform physical examination.”  This means the scope of practice defined by the state must include performing the the type of physical examination required by FMCSA.  In New York the scope of practice doesn’t include conducting this type of examination. The full text of FMCSA’s definition from the Code of Federal Regulations is below.

49 CFR 390.5)

Medical examiner means the following:

(1) For medical examinations conducted before May 21, 2014, a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.

(2) For medical examinations conducted on and after May 21, 2014, an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part.

Since this means that the person performing the physical examination must be permitted by the    scope of practice to do the examination. Is it FMCSA’s fault the chiropractors are removed form the National Registry?  NO.  Does this demonstrate that FMCSA had a vendetta against chiropractors?  Absolutely not.

There is a questions to ask now FMCSA, however—
1)Why were the New York chiropractors ever permitted to be on the National Registry, if their scope of practice forbade them conducting the DOT examinations?
2) What about the CMV drivers who had examinations performed by the chiropractors before they were removed from the National Registry? Are those driver  examinations valid?

New York State Board for Chiropractic

If you want to contact FMCSA write or email about the two questions above. If you want to get involved in the New York State Board of Chiropractic decision making, you should write to them about their decision. 

by Elaine Papp of Health and Safety Works, LLC

Related:  PREPARE FOR A DOT PHYSICAL

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CPAP America assists driver Sleep Apnea needs without exploiting

Jun
13,
2016
2
Ed Frost CPAP America

 

CPAP America News of the Week- Their Ribbon-Cutting Ceremony at the Gloucester County Chamber Of Commerce- Ribbon-Cutting Ceremony takes place at their flagship location (943 Kings Highway West Deptford, New Jersey) on
Friday, June 17, 2016 at 10 am

Truck Driver Fatigue

For many drivers, Truck Driver Fatigue is code word for “more regulations” and is many times further disguised by combining the words, “increase highway safety.”
Finally, when all is said and done, you can almost guarantee that the outcome for drivers will end up “costing them”.

The fact is professional drivers have a demanding lifestyle and work well over the 40 hour work week, far more than that of most other professions.
A professional driver may work a legal 70 hour work, however, the way the laws are written, most over the road truck drivers can “legally” work 100+ hours. Read more
ELD’s DO NOT keep truckers from working more that 70 hours/week

Whenever there is a problem which can compromise safety, the pressure to resolve and identify the cause of the issue becomes greater. This is definitely the case with Truck Driver Fatigue. There seems to be the need to place “blame” in order to divert attention from the major causes of Truck Driver Fatigue.

Sleep Apnea -Truck Driver Fatigue

For over 10 years, Obstructive Sleep Apnea (OSA) has steadily become a focus for the trucking industry and FMCSA.  Make no mistake OSA is a real and serious disease which does affect millions of Americans. The FMCSA explains, Driving when you have Sleep Apnea. 

With the greater focus on Sleep Apnea, including FMCSA guidelines, rules, and the latest Advanced Notice of Proposed Rule Making (ANPRM),  professional drivers more than ever must confront OSA.

As of now, if a DOT Medical Examiner suspects that a driver may have Obstructive Sleep Apnea, the driver must go for a Sleep Study Test.  If the test comes back positive for moderate to severe for  OSA, the driver is more than likely going to have to have treatment, usually a CPAP mask.
Please read more, written by DOT Medical Examiner Dr Randolph Rosarion – Trucking Controversy- Determining who is at risk for Sleep Apnea

NOTE: Many companies will require drivers to move forward with OSA treatment even if OSA study results show only MILD sleep apnea.
( FMCSA does not require treatment for drivers with MILD sleep Apnea)

On May 26th  The American Transportation Research Institute (ATRI)  released the results of its sleep apnea survey, which highlights a number of issues related to truck driver screening and treatment of Obstructive Sleep Apnea (OSA.  Read more

Sleep Apnea-one more way to exploit drivers

One of the biggest concerns for drivers who are told they need to be tested for OSA, is out of pocket costs, especially for those without health insurance or who have high deductibles.
Many drivers also believe that Sleep Apnea has become a “money maker” for companies profiting off of the testing and equipment services they are providing truckers.

After all,  in order for drivers to be able to continue driving, they MUST follow the advice of the Certified Medical Examiner if  told they need to be tested for OSA. If not, they will not receive their medical card and their driving career can very well end.

With that being said, there are companies who can and sometimes do, exploit this situation that drivers face.

We are grateful to have have found a company that has come to the forefront AGAINST unethical practice and instead offers AFFORDABLE, QUALITY, and compliant OSA services for professional drivers.   The company is  CPAP America.
I can’t tell you enough how impressed I am with the dedication they have displayed when it comes to serving the Truck Driver Community, including those who do not have Health Insurance.

CPAP America  “one-stop-shop” for Affordability & Quality of:
sleep apnea relief, education, CPAP equipment, and Home Sleep Testing

CPAP America utilizes the latest technology, the best interfaces, and dependable yet affordable devices, putting the company at the forefront of the CPAP retail market.
Their customers get personalized care from experienced, passionate clinicians who will help them not only manage their disorder, but improve their overall quality of life. The company offers a full line of reliable CPAP machines and accessories that are easy to use.  For unbiased solutions at the best prices, customers can rest easy with CPAP America.

CPAP America News of the Week- Their Ribbon-Cutting Ceremony  at the Gloucester County Chamber Of Commerce- Ribbon-Cutting Ceremony takes place at their flagship location (943 Kings Highway West Deptford, New Jersey) on
Friday, June 17, 2016 at 10 am

Please RSVP at sales@cpapamerica.com

Meet Edwin Frost
President and Chief Clinical Officer of CPAP America.

Edwin Frost is the President and Chief Clinical Officer of CPAP America. Frost is a Registered Respiratory Therapist and has managed 27 sleep labs. He currently sits on the New Jersey State Board of Respiratory Care and is a speaker for A&T Lectures, LLC. Frost is also the President of Aeris Consulting and Management. With over 60 facilities throughout the East Coast, Aeris is quickly becoming the leader of respiratory services in the country.


Live Sleep Apnea Q&A!! LIVE NOW!

Posted by CPAP America on Friday, June 10, 2016

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What It Really Costs to Own a Commercial Truck

May
25,
2016
0

What It Really Costs to Own a Commercial Truck

 Truck Cost

Truckers often dream of the day when they can purchase their own Class 8 and become independent contractors or better, owner-operators. However, commercial vehicles are not cheap, which is why many truckers continue to lease vehicles from their employers. In fact, trucks cost much more than their initial asking price, but the advantages to ownership are not insignificant. If you are struggling to decide whether you should invest in your own commercial rig, here are some facts and figures to consider.

 

Initial Price

Obviously, what you initially pay for your shiny new (or used) truck depends on a few variables. Your desired make and model will influence a seller’s asking price, as will the age of the vehicle and its amount of wear and tear. Almost every trucker has a distinct preference for one style of big rig over all others, and though it is wise to buy the cab you are comfortable in, you might end up paying more for certain brands. For example, Peterbilt and Volvo have reputations for luxurious trucking, whereas Mack trucks are highly regarded for their enduring toughness on the road.

Additionally, individual sellers could have vastly different prices on identical trucks. Because vehicle sales remain somewhat negotiable, unscrupulous dealers will often inflate their prices to profit as much as they can from individual sales. Finding a vendor you can trust is crucial to securing a reliable, affordable price on the truck you need.

Essentially, you should expect to pay over $100,000 for your first commercial vehicle. On average, a brand-new day cab costs about $113,000 and a sleeper will set you back about $125,000. On top of this, new trailers usually add an extra $50,000 as long as you are looking for a standard rig; specialty trucks like loggers or long-combinations will certainly cost more. Already, these numbers may seem huge, but actually, the purchase price of a truck is only a fraction of the total costs of owning a commercial vehicle.

Lifetime Price

Every new car buyer must know that purchasing the car is just the beginning of car-related payments, and that fact is even more true with commercial trucks. Estimates suggest that a big rig costs about $180,000 to operate for a single year  or $1.38 per mile on the road and that does not include the initial asking price. Independent contractors and owner-operators must be able to budget for serious recurring expenses, such as:

  • Fuel is the largest operating cost for truckers. While the average four-wheeler will consume around 500 gallons of gasoline every year, your 18-wheeler drinks at least 41 times that, which is easily more than $70,000 annually.
  • Truck repair is another significant expense. A driver’s worst nightmare is seeing smoke, and all those hours on the road will eventually put your truck in the shop. Regular maintenance adds up to roughly $15,000 per year.
  • Insurance is a mandatory expense. Fortunately, truck insurance can be surprisingly affordable. For $6,500 yearly, you can protect your investment as well as your client’s goods from dangerous accidents.
  • Licenses, permits, and tolls are often forgotten expenses. Truckers need special licenses and permits to operate their equipment, and tolls on roads throughout the U.S. will add up fast.

Ownership Benefits

Truck Cost

Admittedly, it is difficult to read these numbers, add them up, and still be eager to buy a commercial vehicle of your own. However, the benefits of owning your own truck certainly make up for the expenses.

As with homes, cars, furniture, clothes, and any other rentable commodity, ownership is ideal. By purchasing a truck of your own, you are investing in yourself, allowing you to build worth and increase your profitability.

Leasing may be a good option for companies or drivers that do not expect to remain in the transportation business for long, but if you love the industry and want to stay, owning a truck will allow you to be financially independent in the field. Plus, contractors usually earn higher wages than standard transportation employees, so the costs of the ownership will seem less when compared to your increased income.

Large motor carriers are equipped to handle the expenses of truck ownership, but that doesn’t mean individuals are incapable of gaining independence by buying their own big rigs. Though the numbers are daunting, the possibilities from owning your commercial vehicle are outstanding. Still, as you shop for your first big rig, you should keep the lifetime costs in mind, so you won’t end up buying more truck than you can afford.

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Truckers Fighting Speed Limiter Regulation

May
23,
2016
2

Truckers Fighting Speed Limiter Regulation

Speed Limiter

Speed Limiter

Speed Limiter

 

 

 

 

 

If drivers do not want Speed Limiters on heavy trucks from becoming another law, then they will need to do something.

As professional truck drivers, we are aware of how unsafe speed limiters can be. Now, it’s our job as professional drivers to educate and inform others:

  1. Speed limiters are unsafe when sharing our highways with motorists, specifically, concerns with car–truck speed differential.

2. We need to request additional Speed Limiter Studies which would address the major concerns professional drivers have with SL’s.  So far it does not appear that adequate studies addressing  safety risks of speed limiters have been conducted.

Speed Limiter Review

Heavy Truck Speed Limiting Devices  Agency: National Highway Traffic Safety Administration (NHTSA)

HEAVY DUTY SPEED LIMITERS  proposed rule

 

OOIDA-Speed Limiters It has been concluded that the data utilized in FMCSA’s study did not find a statistical significance in reduction of crashes due to speed limiters.

2008 Safety Impacts of Speed Limiter Device Installations on Commercial Trucks and Buses

2012 Research on the Safety Impacts of Speed Limiter Device Installations on Commercial Motor Vehicles: Phase II

Today we are facing efforts to place into law a DOT final rule for Speed Limiters. If drivers sit back and DO NOTHING, they will have to accept the outcome and not complain.

MAY 2016-Speed Limiters- Where we are NOW

  • H.R.2577 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016

    Sen. Johnny Isakson, R-Ga., introduced an amendment to the Senate version of the transportation funding bill that, if signed into law, would direct the Department of Transportation to produce a final rule mandating speed limiters on trucks within six months of the bill being signed into law.

    U.S. Senator Johnny Isakson, R-Ga

    U.S. Senator Johnny Isakson, R-Ga

    The amendment is part of the Senate version of the Transportation, Housing and Urban Development appropriations bill.

    S.AMDT.4024
    Amends: H.R.2577 , S.AMDT.3896
    Sponsor: Sen Isakson, Johnny [GA] (submitted 5/18/2016) (proposed 5/18/2016)

    AMENDMENT PURPOSE:
    To direct the Secretary of Transportation to issue a final rule requiring the use of speed limiting devices on heavy trucks not later than 6 months after the date of the enactment of this Act.

     ***************************************************************************

    The following feedback was sent to me on Facebook by Ricky Brown, Owner of Ricky Brown Trucking, regarding Speed Limiters. I’d like to share it with everyone.

    Regulating Truck Drivers Through Speed Limiters

    Ricky Brown of Ricky Brown Trucking

    Ricky Brown of Ricky Brown Trucking

    There are 5,600,000 tractor trailers on the roads in the US. Imagine all 5,600,000 not capable of running over 65 mph. Some carrying 5,000 lbs, some carrying 45,000 lbs. This will create a logjam on Interstate highways, making it very difficult to pass. Cars are going to love this. Trucks as far as the eye can see. Running side by side for miles.

    Georgia Senator Johnny Isakson tacked an amendment onto a routine spending bill that would require the Department of Transportation to issue a rule mandating all commercial trucks be mechanically speed limited within six months of the bill’s final passage. As Owner Operator Independent Drivers Association (OOIDA) has previously reported, a proposed speed limiter rule has been stuck within the Administration potentially because the numbers surrounding speed limiters simply aren’t adding up. There is no sound science indicating they make highways any safer. Additionally, there is reason to believe the costs of the potential rule far outweigh any benefits.

    OOIDA CALL TO ACTION SPEED LIMITERS

    The Isakson amendment actually undermines safety, as all leading highway research shows that speed limiters create dangerous speed differentials on our nation’s highways. They also cause drivers to have less control of the truck during critical times when speed is needed to prevent certain types of crashes.

    The measure sets a dangerous precedent since there has not been a hearing in the Senate or House of Representatives on speed limiters. Furthermore, the recent passage of the FAST Act requires that all proposed Federal Rules must be based on the best science available, examine the impact on various segments of the industry including small businesses, and consider cheaper alternatives.

    In addition to the lack of evidence that supports the necessity of this bill to improve safety, there will be a financial burden to the trucking industry that will inevitably be passed on to consumers.

    I urge you to consider or reconsider this Amendment in the most stringent light and vote NO. Every bill passed by Congress often has negative unintended consequences that are never even considered during the debate process. The potential negative consequences of this Bill over-ride the effect that the bill is attempting to correct.

    Easier than Ever to Write your Representatives 

    This amendment tack-on is another prime example of why bills should be independently submitted, debated, and passed or vetoed. I urge you to take a responsible step in championing this change in procedures so that the American people will not be railroaded by cleverly hidden amendments that become Law by being passed on the back of larger legislation.

    Ricky Brown- Ricky Brown Trucking

    United States Senate Committee on Appropriations

    Subcommittee Members: Transportation, Housing and Urban Development, and Related Agencies

    Congressional phone number
    You can call the Capitol switchboard operator at 202-224-3121 to be transferred to any representative’s or senator’s office. All you have to do is provide the operator your home ZIP code.

    Write your Representatives 

     

 

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To Repair or to Replace: When Commercial Vehicles Break Down

May
20,
2016
1

To Repair or to Replace: When Commercial Vehicles Break Down

 

Truck1-Blog -PostA truck in your fleet has started billowing more black smoke than usual, or the lifting arm on your excavator just doesn’t lift like it used to. The time has come to make a decision: Do you spend time and resources attempting to fix your existing equipment, or do you scrap the damaged goods and spend the cash for something shiny and new?

Your business depends on your vehicles, so having a reliably functioning fleet is absolutely imperative. Repairing and replacing are both expensive and exhausting activities, but each has its own advantages in certain situations. Knowing what action to take when will help you save time and money, keeping your business booming. Hopefully, this guide will help you determine whether it is worthwhile to repair or to replace your broken-down vehicle.

Typical Maintenance and Repair Expenses

Just like personal vehicles, commercial trucks need regular checkups to remain operational. A truck contains millions of moving parts that are integral to the function of the machine, and by following a strict maintenance schedule, you can reduce the likelihood of a catastrophic failure that prevents you from transporting goods and making money.

Tire maintenance is one of the most grueling expenses, in terms of both time and money. Tires easily see the most wear, and as a result, most truckers find that 3 percent of their vehicle’s expenses are devoted to maintaining the rubber on the road. On average, a single commercial tire costs about $250 ? which means the cost of new tires for all 18 wheels totals more than $4,500. Regular tire retreading can cut that number in half, but it is still a significant annual expense.

Some estimates suggest that repair and maintenance costs for a single truck can exceed $15,000 per year. This is because commercial vehicles require special skills and parts that not every mechanic has. As a result, labor fees for commercial trucks are high; shop time with such specialized mechanics usually costs well over $100 per hour, making routine maintenance tasks, like changing filters, a thousand-dollar ordeal.

With any luck ? and with religious adherence to your maintenance schedule ? your truck won’t have any serious repairs for a few years. However, any machine that sees as much use as a big rig will definitely need some patching up eventually.

Ways to Cut Costs

Ways to Cut Costs

There are a number of products available that help trucks remain in good condition longer. For example, diesel exhaust fluid Peak BlueDEF helps convert engine waste into harmless nitrogen and water, reducing gunk build-up as well as harmful emissions. During especially cold months, weatherizing trucks with appropriate equipment, like snow tires or chains, and chemical fluids will prevent unnecessarily dangerous conditions during the winter. Even hot months require extra care, as the bright sun can desiccate the outside and inside of big rigs, demanding expensive repairs. In the summertime, you should be prepared with custom window shades.

Perhaps most importantly, the way you drive can influence how much you spend on maintenance and repairs. Here are some unknown ways to treat your truck better and increase its lifespan:

  • Allow the engine to warm up without revving for about 10 minutes.
  • Avoid idling, which reduces a trip’s miles per gallon by one-third and wears engines twice as fast as normal use.
  • Drive at the most fuel-efficient speed for your vehicle, which is usually around 65 miles per hour, and in wet conditions, reduce your speed by one-third.

Replacement Value

Many truck owners decide it is time to replace their rigs when the cost of a single repair exceeds the value of their vehicle, but in truth, this is not the optimal way to replace a commercial truck. An old, completely worn-out truck has depreciated to the point of worthlessness, and you will earn nothing from reselling it or trading it in.

The best course of action is to perform an economic lifecycle analysis to determine when you will have attained the optimum value from your purchase. The calculations for this analysis are quite complex, and require data such as vehicle purchase cost, past maintenance and repair expenses, fuel expenses, downtime costs, depreciation expenses, and salvage values. Fortunately, there are a few online tools to help you understand the best time to replace.

By being smart and safe with maintenance and repairs, you can extend your commercial vehicle’s life ? but not indefinitely. Eventually, every truck needs to be replaced, but replacing too soon or too late will cost you. Before your big rig starts smoking again, you should consult your costs to determine whether now is the time to replace ? or whether you can get away with another few repairs.

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ELD’s DO NOT prevent truckers from working more than 70 hrs/wk

May
17,
2016
2

 Truck ELD

ELD’s DO NOT keep truckers from working more that 70 hours/week

Has the General Public and Safety Advocacy Groups been Duped?

THE BIG LIE: ELD’s keep drivers from working more that 70 hours/week and thus have the ability to reduce Truck Driver Fatigue?

Fact is:  Truck ELD ‘s are just a smokescreen pretending to create Safer Highways as they LEGALLY reduce a drivers available hours to drive, therefore pushing drivers to work additional hours without pay.

For many years it has been an objective of the FMCSA, Safety Groups and a host of government agencies to create safety by introducing and mandating a continuous onslaught of regulations onto  drivers as a way to create safer highways.
Ironically, many of the rules within the FMCSA create more stress  including the Hours-of-Service (HOS) and the ELD ( Electronic logging device) which measure and records the Hours of Driver Drive Time, keeping drivers HOS compliant with the 14 hour clock. But does it really?

Purpose of the ELD  Final Rule

According to the FMCSA The electronic logging device (ELD) rule is intended to help create a safer work environment for drivers, and make it easier, faster to accurately track, manage, and share records of duty status (RODS) data.

Theoretically the ELD is to address and prevent: “Cheating” on Logs which would allow drivers to drive more hours, thus reducing Truck Driver Fatigue. In the minds of many this would logically create safer highways.  Although an ELD can accurately measuring a drivers drive time, it does not automatically monitor hours logged.
In other words, the device does not ensure a drivers hours are logged correctly, but rather will permit drivers to work many times in excess of 100 hours/wk

But how can that be?
An ELD synchronizes with a vehicle engine to automatically record driving time, for easier, more accurate hours of service (HOS) recording.

Additionally, whatever the driver enters, is what it records. The only thing the ELD can measure  relatively accurately, is when the truck is moving, or logged, “On Duty Driving”
Once the Truck is disengaged ( turned off or stopped) it no longer “automatically” logs what the driver is doing. The driver still manually enters either: Off  Duty, Sleeper Berth, Driving, On Duty Not Driving

 The FMCSA issued a Final Rule for ELD in December 2015.

Before we continue, these are some well known facts among the driving community

1) Most Truckers are paid by the mile with little or no compensation for their other jobs performed or “extra hours”
2) Drivers are mandated by FMCSA to a 14 hour clock, allowed to drive 11 hours within a 14 hour work period.
3) Drivers are held to a 70 hour work week
4) Drivers Log those hours according to the following in order to remain compliant
a) Line 1- Off Duty
b) Line 2 sleeper birth
c)  Line 3-On Duty Driving
d) Line 4-On Duty Not Driving
5) Most TL Drivers are not paid for detention time.
These hours readily eat up the 14 hour clock and 70 hour work week
6) Drivers will log either Line 1 ( Off Duty)  or Line 2( Sleeper Berth) to preserve their 70 hours while waiting at loading docks
7) Drivers often work 100+ hours /week
8) Drivers are not paid for as many as 40 hours/week of their time spent waiting and/or doing other tasks. Again, many times drivers log Line 1 or 2 to preserve their hours.

Map 21 -FMCSA – In 2012, the United States Congress enacted the “Moving Ahead for Progress in the 21st Century” bill, or, more commonly referred to as MAP-21. That bill, which also outlined the criteria for highway funding, included a provision requiring the FMCSA to develop a rule mandating the use of electronic logging devices (ELDs)

There is a possibility however, that the change in interpretation of CFR 395.2 in 2012 (from April of 1997), without public comment I might add, could “muddy the waters” as to define when it is “legally“allowed to log waiting at docks, Off Duty/Sleeper Berth, no matter how long the delay. How can that be? Aren’t drivers “at work” while waiting at the docks? Shouldn’t they be paid for waiting? Or could this change any hope for that?

Why do drivers log line Off Duty or Sleeper Berth when they are actually “On Duty not Driving”?  Is that Legal?
Shouldn’t they be logging line 4?What about  when waiting at docks?

Every driver reading this knows EXACTLY why this is…. Because as stated in Fact 1- Drivers get paid by the miles THEY DRIVE ONLY… NOT for their TIME.  This means that ANYTHING other than driving will not be compensated:  waiting time at docks ,weather, paperwork, looking for parking, eating, etc… This is “expected free time”  without pay that drivers accept as part of “their job”

Do ELD’s make roads safer?

Theoretically, ELD’s will monitor a drivers  11 hour drive time, determining when the truck moves. ELD’s do not monitor ANYTHING else however.
Example: A driver could drive 11 hours, shut down, manually log off duty while waiting at a dock for 10 hours (not sleeping) and then go on to their next load. No one would know.

On Paper ELD’s Seem like the perfect solution to safer roads, right?
But is it? The ATA, Safety Groups, and even Congress seems to think it will. But what do drivers say
?

Before we answer this, let’s talk about  the 70 hour work week?  Will ELD’s be able to monitor this?  Are they really only working 70 hours? Do drivers even  know or care that they are working over 70 UNPAID hours?
Fact is, ELD does not monitor what the driver is actually doing, even if logged Sleeper Berth,  they can still be working. Unless there is a probe connected to the driver or a camera watching EVERY move to ensure they get his/her rest, absolute assurance that a driver is “resting” is impossible.
Are we to expect Biometrics to follow?

The myth and Lie of ELD’s

MORE FACTS

1)Drivers have been conditioned to believe that THEIR TIME IS NOT VALUABLE. They believe only the hours they drive are valuable.
2) Drivers get paid by the mile, not for their time
3) Drivers Wages have remained stagnant for decades
4) Drivers believe that the only way they can make more money is to drive more miles
5) Drivers believe that logging off duty or sleeper birth is “legal” if they are waiting at a loading dock. They do this to preserve their 70 hour clock, which means they are working  70 hours plus 30+ hours extra waiting at shippers and receivers. They log this way to have more time to drive in order to make more money.

FMCSA: Definitions, Rules, and Guidance

Part 395
HOURS OF SERVICE OF DRIVERS

Interstate Truck Driver’s Guide to Hours of Service

DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration

49 CFR Part 395 July 12th 2013 Update from April 4th 1997
Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Off-Duty Time

What Is Off-Duty Time?
By understanding the definition of on-duty time, you will get a good idea of what is considered off-duty time. In order for time to be considered off-duty, you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing and be able to leave the place where your vehicle is parked.

On-Duty Time In a Commercial Motor Vehicle-  On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

The Federal Motor Carrier Safety Administration (FMCSA) excludes from the definition of on-duty time, any time resting in a parked commercial motor vehicle, with the driver relieved of all responsibility for the vehicle. Also excluded to be considered on duty, is up to 2 hours in the passenger seat of a moving commercial motor vehicle, immediately before or after 8 consecutive hours in the sleeper berth. This rule continues to require drivers to take 8 consecutive hours in the sleeper berth, and allows them to take an additional 2 hours in the passenger seat when the vehicle is moving, without artificially confining them to the sleeper berth for the entire 10-hour period.

Drivers already know that ELD’s will not create safer roads, but the media, general public, and safety groups unfortunately have all been given a false sense of security, believing that ELD’s and HOS are the answer to Safer Highways, eliminating Truck Driver Fatigue, and preventing fatal crashes… All of which are a cover up, designed to keep wages down and to keep drivers working harder to chase that carrot hanging down.

*****************

Here is a comment on a FaceBook Thread that veteran driver Pat Hockaday made in response to an ELD article by another veteran driver, Bob Caffee You can read ALL other Driver comments also HERE

EOBR ELD OMG

Pat Hockaday Comment:
Time has value! We are governed by the clock, not the number of miles we may run!
In order to run miles, we must have Available Hours to do so. In order to run miles, Mandated Breaks Must Have Been Taken! Mandated breaks deny us the use of our time, possession of our time has been taken away from us. Are we expected to just donate our time to the Job????
“Relieved of All Responsibility” implies that the Driver has the freedom to do as they please. OK, I want to mow my grass but my grass is a thousand miles away! NOW I Have to Hire Somebody to do “As I Please”.
If the Driver is “Relieved of All Responsibility” who has assumed the responsibility?? If the carrier, shipper or receiver has relieved a Driver from “All Responsibility” aren’t they responsible to return “All Responsibility” back to the Driver with the equipment in the same condition as it was when they accepted “All Responsibility”?
An employee Driver may leave the truck in the possession of the carrier when they go home but when you or I go home, aren’t we still responsible??
In order to be technically “Off Duty” the Driver must be relieved of duty and all responsibility to preform work and to be in readiness to preform work while being “Relieved of All Responsibility” for the truck, trailer and cargo.
HOLD ON A MINUTE, that’s how the definitions were written BUT the definitions have changed in 2013.

“Through the revision of the regulatory guidance, FMCSA makes clear that the motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest break may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location.”
https://www.gpo.gov/fdsys/…/FR-2013-07-12/pdf/2013-16687.pdf

Any OO or Independent worth two cents know that they must price themselves by considering the amount of time needed to do the job. Of course we must work within the prevailing labor rate that the market has set. Hmm, if we must compete against a labor force who’s value has been set for them by only considering the production that may be performed, the value of OUR Time has been established by the market, A Controlled Market, as is evident in this amendment to Part 395.2 that reads;

On-Duty Time In a Commercial Motor Vehicle
Effective February 27, 2012, the Federal Motor Carrier Safety Administration excluded from the definition of on-duty time any time resting in a parked commercial motor vehicle, with the driver relieved of all responsibility for the vehicle.
Combine this with the previous definition of “Relieved of All Responsibility” and it may be interpreted that Drivers may legally log “Off Duty” while waiting.
This goes against Part 395.2 that reads;

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
There is a lot to be considered that affects Drivers pay. ELD’s can be utilized by Drivers to increase the Safety of the Roadways only if they can AFFORD to operate in full compliance of the HOS.
How do the Drivers put these boxes to work For The Drivers????

 

 

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