E-log mandate rule could come next week, driver coercion rule in March

| December 16, 2013

eobr electronic logThe White House’s Office of Management and Budget indicated Dec. 13 it has not yet cleared the Federal Motor Carrier Safety Administration’s electronic logging device mandate rule, but FMCSA indicated earlier this month it anticipates publishing a proposed rule Dec. 23. 

The Supplemental Notice of Proposed Rulemaking was sent to the OMB by the Office of Secretary of Transportation Aug. 7, and though there’s a 90-day limit on reviews, the DOT or OMB can choose to extend consideration on regulations.

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Fleet reps Allen Lowry of Central Refrigerated and Vincent Dinino Jr. provided a window on fleets' real-world perspectives relatives to areas of contention around electronic onboard recorders for hours compliance.

A second ELD-related rule is also in the works and, per MAP-21 requirements, is designed to add protections for drivers to prevent fleets, shippers, receivers or brokers from pressuring or coercing drivers to work in violation of safety rules. FMCSA indicated it would be published in March, after the OMB clears it. 

The upcoming mandate notice will supplement the agency’s NPRM published nearly three years ago. It is to address issues raised in the 2011 appellate court decision, which vacated the previous year’s final rule for not safeguarding against driver harassment.

In other regulatory news, the agency is also working on a proposed rule that would create a drug and alcohol clearinghouse of drivers that would require carriers to check the database before hiring a driver and to report failed and refused drug and alcohol tests. 

The agency also plans to: 

  • Provide a final rule mandating electronic stability control systems for trucks to the OST by March 21.

  • Submit a NPRM on truck speed limiters to the OST by Jan. 20.

  • Resubmit a Carrier Safety Fitness Determination NPRM to the OST by Jan 16

  • Release a NPRM amending the diabetes standard to the OST July 11.

  • Send a NPRM on enhancements to the Unified Registration System by April 7.

  • Sportsbozo1

    25 years OTR over 4 million miles accident free, and they are worried about hours of service! Screw them! I got out of the business because of all their laws! Their laws that don’t apply to them….Screw them! I told them to drive the damn truck themselves. The folks who are making all these bullshit laws up have no horse in the race other than to make money off the backs of the hardest working class in the United States the American Trucker . I was there when Ronnie Reagan passed the law stating that the only two industries who weren’t allowed to strike were the ATC and the Trucking industry in fact he made it an act of treason! I was there when they took the common Chauffers license and turned it into the CDL, all in the name of control. Anyone with a functioning brain can see where this is all headed to, forced labor with no representation. All I can suggest to those who not happy is to band together and hire a law firm to try and get these insane laws striken from the books. what the hell is OOIDA doing ? just stealing per usual?

  • USMC 69-75

    You should have kept that hush hush…..they’ll be looking for ya now!!! LOL

  • Stormy

    Dang…. Sometimes I just can’t keep from thinking out loud and we all know thinking is definitely in violation of FMCSA rules. I am sure that will be included in the next set of regs that are released.

  • Johnny Starzz

    I’m an O/O. I never said it was the answer to anything. I just know if you are gonna stay in this business, you better get to know one, because its the only way you are gonna drive. I don’t answer to no one in this industry. I choose my own loads, go were I want to go.I don’t owe anyone a dime. Paid cash for my trucks. You can cry about it, or adjust to it. Its gonna happen, just a matter of time before everyone uses them. And for the record, I’ve never drove local,or for the government. As for being a real driver, over 2 million miles, no accidents or anything. I’ve been everywere.

  • Steve Miller

    You Go Johnny, and God bless for your commitment.

  • Byron Emery Mayfield Sr

    I think we should go back to the rules we had in the 70 ‘s and 80′s. We moved a lot of freight and fewer problems.

  • norman ott

    Don’t forget we made more money, had less stress,and we were treated like humans.

  • g

    Elog should come in a Box..with a Speed Limiter, a Dash CAM to watch the evil Driver, a Mask for him to wear in the sleeper, and a Leg Cuff to chain him to the truck and force him to stay on the road for 20-30 days……lol

  • Ricky H Hibbens

    I have a news flash for you: te regulations is all about money and control….not about safety

  • Ricky H Hibbens

    I asked a Congressan once,who ws visiting a carrier, that was looking for government funding, I asked the congressman, the united states department of Labor, considers us ( CDL drivers), as un-skilled labor and the united states department of transportation considers us a professionals, I asked the congressman: which is it? unskilled labor,or professionals, the congressman could not answer my question

  • norman ott

    Enforcement isn’t smart enough to figure out paper logs that’s why they want electronic logs.

  • MercenaryMan

    Id put my safety record up to anyones anywhere and I weigh 300 lbs….Ill bet its better then most on the Medical Boards….and were unsafe, HOGWASH

  • MercenaryMan

    If you have a good modern Smartphone such as an Apple, Samsung Galaxy, Nexus etc, you can download KEEP TRUCKIN, or BIG ROAD, and if your dispatch approves them use them as a EOBR….Both are APPS you can download online from Google Chrome Store, or Google PLAY, or the Apple store….and there FREE, albeit there may come a time th3ey charge a monthly fee, it will still be cheaper then a Standalone EOBR, Aslo the Garmin Diezl has this built in….there are cheaper alternatives..

  • MercenaryMan

    I AGREE, SAFE QUALIFIED DRIVERS WHOSE RECORDS REFLECT THAT SHOULD BE EXEMPT FROM THIS, IF YOU WANT A REASON FOR DRIVERS TO BE SAFE, GIVE THEM A REAL REWARD…

  • MercenaryMan

    The day a camera is mounted in my truck to watch me, is the day I exit this business, your cab is your home, like a Tour Bus, its private property, its ridiculous to believe that watching a driver all day DRIVE will prevent or protect anyone….

  • MercenaryMan

    ONE HOUR STRIKE WOULD GET THE MESSAGE ACROSS, No need to go to Washington etc, Just a One Hour do not move strike…..and then they would know we are one in our resolve to remove and undo obstructive, costly and unnecessary laws….ONE HOUR

  • Ken Nilsen

    Your cab is only your home if you own it. Anyone that drives a company owned truck can have a camera in the truck to watch the driver. It is no different than any other business. The company owns the equipment, pays the driver, maintains the equipment and pays the bills. If they want to put cameras in their trucks then it is ok. I dare you to find a workplace of any type where bosses do not watch employees, either with cameras, one way glass, or just looking over a cubicle.

  • michael k

    When I also have the ability to print unlimited fiat money like THE FEDS DO I’ll be happy to comply with every ‘safety rule’ they require! Drivers should be rewarded / PAID for hour compliance / every roadside DOT inspection they pass!

  • Shadowhauling

    I’ve had to stop plenty of times an hour from home because of the 14 hour rule and once just recently had to stop because I was at 60 hours and and hour from home! Guess what ? I went home anyway !!

  • g

    Insurance companies are painfully AWARE what kind of NUT Jobs are being hired ON THE CHEAP by mega fleets…they Sponser all this MONITORING legislation..rightfully so to protect themselves….illegal aliens are cheerfully Waved Thru the weigh stations…cops cant QUESTION citizen status…these LOON illegals race down the highway doing whatever they please…wherever they please……Expect MORE and MORE rules to Monitor the Maniacs that are being ALLOWED to drive 18 wheelers…Insurance Company BigMoney is at stake..and these illegals and MORON Newbies are costing a FORTUNE in claims….Trucking Wrecks have increased 3 years in a Row….driver turnover 100% annual???? WHO would insure anybody in this mess?? Company Execs are routinely found GUILTY of so many crimes….HASLAM from PILOT is even a MAJOR CRIMINAL….expect MORE rules and MONITORING…electo logs and speed limiters are a Benefit to INSURANCE companies…you can BET they will be installed in every truck very soon.

  • mousekiller

    Most all points made here are good. However!!!!
    with the possibility to go back to the HOS prior to July a lot of todays problems may just disappear. Contact your congressman and senators to demand the HOS change and get rid of that ignorant 30 min break.

  • mousekiller

    You don’t really want that. If we are compared to Air line Pilots then you could not have any kind of alcoholic drink the cab at all, no matter how long your going to sit. Don’t even think that. We have more regs on us than the pilots do. No comparrison . Truckers and pilots . Cant do it. We control our equipment. When we work and can say NO if roads are bad if the driver has balls enough to say NO I am not going.

  • Stringbean

    I’m an O/O too and I haven’t talked to any others that talk the way you do, so you are by yourself.. When this becomes mandatory, I am out of business because I have all the expense I need and I don’t know how to operate one.

  • Stringbean

    freight will get there like the UPS Christmas packages and then we will see if there are complaints

  • Johnny Starzz

    You gotta be kidding? If you cannot operate a Qualcom, you need another line of work. There’s always barber college. I don’t understand all the fear of these things. It didn’t change anything for me. I made just as much money. I believe its media and drivers who have or refuse to learn the knowledge about them. I am not on the companies side, heck I was against them too. But its coming, and all the large companies have them and they got all the freight, so you better get up to date on them. Bitching about it will get you no sympathy, and no work. It actually shows ignorance. If you can operate a computer, or cell phone, you can do a Qualcom OBRC.

  • arthur

    ahhh they are going to try and force us all out of trucking and hire the MEIXICANS AND CHINESE. screw it! I need 4 more years and mama and I are going to buy an apartment bldg. and we’re going to change it over to section 8! that seems to be the fastest growing class in the country…

  • tomboy

    They say we have fatigue. The government is the one who is causing all this. They want us to be on these electronic logs so they can force us to work a full 14 hours. Some times ya just need a break and not be penalized for it. Been around trucking for a very long time and been driving for a very long time. I have never seen the trucking industry so screwed up. Ever since 2008 the trucking industry has been coming under attack. Enough is enough.