E-log mandate on track as agency tries to tackle driver coercion

| September 17, 2013

eobrThe electronic logging device mandate (aka electronic onboard recorders) is still on track for the Nov. 18 publication the Federal Motor Carrier Safety Administration has been aiming at for sometime, as the White Houses’ Office of Management and Budget is expected to clear it for publication in early November. 

The OMB received the agency’s Supplemental Notice of Proposed Rulemaking Aug. 7, and FMCSA anticipates clearance of the rule Nov. 6. The agency would then publish the proposal Nov. 18 and accept public comment until Jan. 20. 

Moreover, the Office of Transportation Secretary received the agency’s Notice of Proposed Rulemaking related to driver coercion since Aug. 28 and is expected to get the rule to the OMB by Oct. 1. 

The MAP-21 highway funding authorization act from last year directs FMCSA to develop an electronic logging device mandate, but it also directs the agency to protect drivers from pressure to work in violation of safety regulations.

The agency also has started referring to the devices as electronic logging devices to reflect language used in the MAP-21 law, as opposed to the previous term, electronic onboard recorders. 

As part of its study on driver coercion, the agency says it plans to gather 1,039 responses from surveying and interviewing drivers and carriers, including paying 510 drivers at truck stops $10 each for completing a survey. The Information Collection Request will last 15 months and has a $460,000 budget. 

The coercion plan is expected to clear the OMB Dec. 31, allowing FMCSA to publish a Notice of Proposed Rulemaking by Jan. 9 and take public feedback through March 31. 

  • Rey Moreno

    The brokers and Savvy Shippers know truckers want to get home on Fridays. Friday freight is notoriously cheeper than Monday Freight. It will Piss off so many Brokers and shippers too! This is the beauty of doing it over the weekend. Less money Is Lost by Drivers and Tons of Money will be lost by Shippers and Brokers. You Know, the one’s who rip us off on a daily basis.

  • USMC 69-75

    typical bottom feeder!

  • USMC 69-75

    Yes LC, but as the old adage goes, you can pay me now or later!
    If this isn’t done, then the mexs and illegals will be taking over our jobs. This is not just for fuel, but to remove the unconstitutional idiots in Washington, and if enough noise is made and disruption in the supply and demand route…..somebody will listen. Just don’t fall for that same B/S that was given with Mr. Johnson the last time. All this EPA carp, this electronic logging, all this FMCSA carp, etc.etc…having to buy blue poop for your fuel????

  • Keith Field

    Soon they will be watching every thing about every minute of every day in every person’s life in the “free” USA.
    Does it bother you as much as it bothers me?

  • terry2u

    Welcome to 1984…

  • Thomas Duncan

    I find it amazing as to how many want to”shut down” and will not even join OOIDA to give them the numbers they need.Everyone wants someone else to do it for them,when it comes to where it cost them something they run like rabbits and leave you standing alone,trucking has been reduced to nothing more than the employed homeless!

  • Thomas Duncan

    If you “get 1 million to join OOIDA you would get more done,all a strike does is give the govt. media fuel to make it look like you are trying to cripple the nation….been there done that

  • Teresa Martin Johnson

    Guarantee you one thing for sure, if they believe there is a shortage of drivers now…. if this gets passed, the commerce system in this country is going to be in a world of hurt, and businesses are going to be hurting as much as the trucking industry! Shippers and Receivers are going to be raising some fuss when they don’t receive their freight when they think they should, and with the new EOBR there are going to be a lot of loads that will have very different pickup and delivery dates, and the need for a lot more drivers out there to repower loads that are going to be parked due to being out of hours from the EOBRs due to traffic/construction delays. Also, we won’t be able to make the DC run, but our truck will be parked and will NOT be hauling freight from the 10th – 15th!

  • John Scott

    Electronic logging is the perfect tool to micro manage a driver. Who are they kidding? Is this going to help or hurt driver fatigue? Will it just try and squeeze as many hours out of a driver as a company can legally do? I think the answer is clear.

  • John Scott

    Strikes never work, especially in trucking where you don’t have continuity between companies and drivers over this issue. Strikes are only effective when you can get a majority of your members to adhere to a strike. I doubt you can get even double digit percent of drivers to stop working for a day. Let alone 3 days. I agree, it would be effective if even say 30% of drivers stayed home for a day. A better solution is for drivers individually to not give in to company pressures for owner operators like myself to not haul cheap freight ever, and to expect better treatment at customers or just close the doors and leave.

  • nyhillbilly

    One additional thing to note. While many lawmakers will be in D.C. that day, Obama will be on a scheduled trip to the Philippines and will not see anything first hand.

  • Cary Davis

    You are the type of person that will adversely affect the good that people are trying to do with this strike. If you can’t take critcism you will be zero help to the cause!

  • Cary Davis

    Again, YOU are posting on a public forum. That alone makes it open to public debate. Learn the art of debate or refrain from posting. Telling someone who does not agree with you to “Go F*** themselves” makes you look bad and places your opponent in the lime light!

  • smokedbacon

    If we are to run legal then I want the government to scan loads in advance. It would be easy for a system to look at PU/DEL times and see if its even possible under the new rules before a dispatch is even made! But then again since the companies want to pay slave labor wages perhaps they can offer food stamps as a company bennefit!

  • smokedbacon

    If we could get fuel tankers to shut down we could get the public to shut down as well. Fuel doesn’t last at gas stations very long!

  • smokedbacon

    France if you recall has a bad rep on bravery but at least when their drivers shut down they do it!

  • Cary Davis

    The day of the week has zero bearing on freight prices. We file and submit rates once in the Spring and once in the Fall. If you want freight moved you pay those prices regardless of the day of the week.
    I have no idea where you get your information, but it is transparent that you don’t deal within the heirarchy of a company responsible for making these financial decisions. Stop spreading misnomors on topics you can’t provide factual data for.
    It’s not Doom and Gloom!

  • Cary Davis

    This is the first sensible response I have seen on this entire post. Although I agree there are a lot of issues that need to be fixed in our industry, a shutdown is only opening a door to the next in line to replace you!

  • smokedbacon

    I give a thumbs up on ERs as it limits the ability for dispatchers to endanger the lives of others. If you have to run beyond the speed limit, beyond hours , over the weight, drive a unsafe vehicle then your in a dead end career. Driver pay needs increased to where you can make a decent living and have a personal life a well.

  • Cary Davis

    Willing to bet that 100% of all dispatchers make next to nothing compared to the people driving the trucks they dispatch. There is no leeching to success. Do you think there are VP and CEO jobs popping open in a company every other day that ALL these dispatchers are trying to work their way into? Seriously? They usually reamain dispatchers and when and if they get a raise, extra duties come with it making the job even more stressful than before. Try the job sometime before making assumptions. I bet you have a completely different outlook and will continue to hold your steering wheel.

  • char2000

    where on FB is it?????

  • terry andersen

    The sooner these things are put into trucks the better. One question were are they going to find the driver to make up for the time these machine will count as on duty that the driver was put as off duty I.E. sitting at shippers yard waiting for hours to load and some of the other place that think it is fun to play game with the truck driver. Good luck the vet are getting to retirement age and people that are thing about getting into this joke of an industry are seeing what it is really like out there before they get into trucking the smart one are going to work at Wendy, Walmart, and the such. Good luck what is the driver shortage now.

  • Rey Moreno
  • Rey Moreno

    Mr. Davis! I am a Inderpendant Trucker. I operate under My own Authority since March of 2007. I DO KNOW WHAT I AM TALKING ABOUT!!!!!!!!!!!!!!!!!!!!!!!!!!! I ALSO OWNED A BROKERAGE OF MY OWN. Its apperant YOUR POSITION lacks knowledge of the Market!!!!!!! So shut your face Uncle Tom!

  • Rey Moreno

    This is true! But take a look abound at the trucks hauling fuel. Id say 95% of them are day-cabs. That means probably most of them are home every night and dont have much incentive to protest. Its a good idea if you can work an angle for them to get on board.

  • Rey Moreno

    I’ll Agree with that on many levels. My vote is always to kick the incumbant out. However, blaming me for your distaste in my voting selection is like giving me the middle finger. So your sir can go F yourself.

  • Rey Moreno

    Oh I take criticism very well when I know it is from a legitimate source. You posted three times Mr. Davis, and not once have you offered any solutions.. Your not part of the the solution here, YOUR part of the problem JACK! Your just another Nay sayer. A real uncle Tom wanting to spoil the fun. You just cant stand to see people take part in something they believe in do you?

  • Rey Moreno

    Who are you anyways? Some dispatcher or broker I bet. Its in you best interest to not have a shut down. Let me ask you, Have you ever made a phone call to a shipper and asked if you can find trucks for them? Have you actually ever found your own customer base? Created your own Clientelle? Have you ever Billed a customer, actually folding the bill yourself, licking the stamp, dropping the envelope in the mail and prayed for the check to arrive on time?

  • Rey Moreno

    Have you ever Filed a claim againts a broker for non payment?

  • Rey Moreno

    Have you ever sat in south florida in October not findind a load for a broker to laugh at you for asking more that $400 ON A LOAD to Atlanta. Have you EVER had to hand throw a whole stack of $200 pallets out the back of your trailer because a broker forgot to tell you the shipped wont allow pallets when you could have recouped half the cost if you knew ahead of time.

  • Rey Moreno

    Have you ever had a Shipper damage your $55,000 trailer and then tell you it wasnt their fault, Sorry! Have you ever had a driver quit and leave a loaded reefer running 1500 miles from your office? Have you ever paid $20,000 to have one of these truck have an In-Fram Rebuild???????Have YOU SIR!!!!!

  • Rey Moreno

    Mr. Carey Davis, If you have ever stuck your neck out for your own business, to get it cut off, choaked out, or mutilated by the competetion or otherwise, THEN AND ONLY THEN, would you have understanding what this protest is about!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • Tanker Yanker

    Never happen..More truck stop and CB Rambo BS. See, I learned how to “shut down” a long time ago. I joined this organization called the Teamsters..Perhaps you have heard of us ? And I DO drive a fuel tanker for BP. And shut down all you want, I’ll be out here making my deliveries and my 90K a year. Have at it ! Nothing will happen, as always.

  • jaybird

    if they e log us, why cant they mandate shipper n receivers..it will drop me from 5 loads a week to 3..im on board !!!

  • Robert D.

    Be Careful to not break the law??? How is that possible? I mean you really have to be careful when following the laws since their are so many now… But, If you are breaking a law, be BOLD about it, with courage and conviction, be who you are and express it fully so that others may understand your beliefs to be honorable, and faithful to the constitution of what was once “These United States of America”. Thank you

  • Jimbo

    The Biggest problem with a Shutdown is the Company Driver of which I am One. It is TOO easy to replace someone today with the proper incentives, and Most folks do NOT want to lose a job or get a CSA Violation. Back in 73 the O/O’s and Independents parked in the fuel islands and blocked them until they were towed….Assuming a Tow Truck Operator had the balls to Tow then…And THAT prevented Everyone from Fueling….No Fuel, No deliveries, and the Company Driver was Safe….So I’ll make sure my tanks are full enough to run the APU for a week….PLEASE Block the Island, Eh? ! !

  • FatManDo

    Seriously… If you think that your vote influences anything, you’re as misguided as Rey. DOT makes up their rules through the bureaucratic – not democratic – process, and the officials in charge are appointed, not elected. Even if your votes were legitimately being counted, during elections; they still have no impact in this area of government.

  • Jimmie Turner

    Sorry guys, I been in this industry for 43 years and Im here to tell you if you shutdown…..YOU WILL LOSE….in the end. That’s what happened in the last 2 truck strikes…I know I went through them both.
    As long as you have politicians running trucking companies and companies like Swift, Werner, and hundreds more continue to exist, this industry WILL NOT CHANGE…..
    The impact of shutdown will only last a few days and most drivers and I mean MOST cannot afford any down time at all.
    There are enough clowns in trucking schools and Mexicans out there who will drive for no more than a sack lunch just to drive a truck…..its a NO WIN situation before it starts…
    Think it out long and hard…..The Government will win again.
    America is shot and going down the tubes fast but this striking nonsence wont make it any better.

  • Alexander Disner

    Nope, CDL licenses are out of the equation for undocumented people. As long as they keep paying by the mile, e-logs are against the driver only. We need to push to be paid by the hour. No more free waiting to load/unload. At 7,25/hr, a truck driver will make decent money with overtime. Think about how many hours are you away from home.

  • Cary Davis

    Who do you think appoints these people sunshine?

  • Cary Davis

    Ray I have probably been a driver and in the industry since you were wearing diapers. I was driving when fuel was .75 cents a gallon. Yeah I have been a part of everything you could possibly imagine to change this industry. So although I am not going to stoop to your level and throw out assumptions about your education, or resort to name calling; because that would be very childish and uneducated of me, I will however state that if you think life stops and people can’t eat without a corporation at the helm then YOU are part of the problem. My family came from humble beginnings with people who raised livestock, grew food, had wells for water, dug out houses. They did not have a corporation holding their hands, and surprisingly and against your thought train, they survived for generations!
    But back to the problem at hand, I still stand by the fact that a three day shut-down will do little if anything to change the issues you wish to address. You still need to vote for the right person who is aligned with your groups ambitions, and rely on them to appoint the people who are also aligned with your view.
    Try to keep the anger in check if you want to be effective at getting people behind your cause. Again I say, telling people to go F themselves is just ridiculous. I wouldn’t care what you were trying to sell if you talked to people like that! I would not follow you out of principle alone.
    Good day to you sir!

  • Cary Davis

    And that attitude is why Obama is in office!

  • Cary Davis

    Man you are an angry person. From your ranting you would think I personally caused all of your misfortune. Get a grip. Everything you are ranting about I have been there a hundred times over. It’s the world we live in. Stop with all the know it all assumptions. You said you have been doing this since 2007? Really? I would call that a greenhorn still! I don’t mean that in a negative way either, but trying to master a business in under 6 yeas and not facing hardships is an unrealistic view of this industries realities!
    No I am not a broker
    Yes I have been an owner operator
    Yes I have driven for 25 plus years
    I am a Director of Safety
    Yes I actively participate in change
    Yes I am a member of several trucking associations.
    Yes I have to manage drivers.
    Yes I have used brokers.
    Yes brokers are crooks a lot of times.
    So please attack the people you are angry at not me.
    I am one of the people who try to give direction and solve problems for the angry people out there. Pointing out that the directions people take might not be the best solution is what I do for a living and am paid well to perform that service. Perhaps listen for one moment and stop with the anger and you will find a solution!
    Good day to you sir!

  • Rey Moreno

    Thanks dick wade for your humble brain, and your selfless pat on the shoulder. It makes me feel so warm inside you grew up a poor shit head. your still a person without a home if u wont do for yourself what othrrs will do for you. Fuc yourself and die

  • Cary Davis

    Sad little angry man.

  • Rey Moreno

    Yea right you couldnt direct a turd into the toilet.Which happens to be where your uncle tom attitude is. You obviously have a vested interest in a shut down not happening as your purposly trying to derail the effort. Its duffases like you who make me lauph. You think you know something because you sit behind a desk. Really the reality is your just a big turd in the punch bowl. Lauph all you please. I see through you and your shallow attempts to promote your 5th grade ego and self appointed honors. You dont impress anyone, maybe accept yourself Dipshit. so go bark up another tree who gives a shit. your not worth my time or anyone elses time here in this foreroom. And Besides. Overdrive magazine is inteded for owner operators and independants. A class of people intitled to speek here. You, shthed have no business being here. Your not even worthy of being in the same mind set. Really, so go screw yourself and that dumd looking bcth of yours. Ha ha ha ha ha ha ha ha ha nasty dumb looking bich.

  • Cary Davis

    Angry little racist!

  • Cary Davis

    What happened to you angry little racist?

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