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Regulations: Page 104
Business
News round-up, Dec. 23: Lawsuit challenges California A.B. 5 construction-trucking provision; New parts lookup site
A new lawsuit from the Western States Trucking Association challenges California’s A.B. 5 stiff construction trucking provisions. Diesel Laptops launches an open-beta parts-lookup tool available free of charge.
December 23, 2019
Overdrive Radio
How to get more time for a malfunctioning ELD, training rule redux, more
Find in this week’s podcast a reminder of just how to get that grace-period extension. Also: More on the Entry Level Training Rule and its likely delay with operator Scott Hainline, who was trained twice, in entirely different trucking eras, bookended by a career in law enforcement.
December 20, 2019
Business
How to file a coercion or harassment complaint
Filing a coercion complaint can be done via the FMCSA’s National Consumer Complaint Database in the “Driver” section. Also here, a look at the concentration of coercion complaints, by state, over the four years the Coercion Rule has been in place.
December 19, 2019
Business
Righteous whistleblower or ‘disgruntled employee’?
A dispute between 30-year veteran driver Kevin Hosea and the small-fleet employer who fired him earlier this year shows the complexity of coercion-related cases. The fleet owner denies allegations of coercion.
December 17, 2019
Channel 19
ELD mandate final deadline — today or tomorrow?
If FMCSA and various news outlets’ use of Dec. 16/Dec. 17 for the deadline hasn’t exactly been 100% consistent leading into this week, the CVSA’s has. Today is the last day it’s OK to use a grandfathered AOBRD for those covered by the mandate. Wildcard thereafter: as usual, extent of enforcement.
December 16, 2019
Business
News roundup, Dec. 13: Group protests apparent training rule delay; FDA warns product marketers, public on CBD safety, legality
The TruckerNation organization has told FMCSA it no longer wants to be involved with the “Our Roads, Our Safety” campaign. The move is intended to express disapproval of the agency’s reported intent to delay the Entry Level Driver Training rule by as much as two years’ time. FDA issues warning letters to CBD product marketers on safety of products.
December 13, 2019
Business
Parties other than carriers now subject to enforcement under the coercion rule
One standout aspect of the coercion rule is that it marked the first time the FMCSA gained some authority to investigate and fine shippers and receivers not already under its regulatory purview. The rule also broadened agency authorities over brokers. Results, however, are a decidedly mixed bag four years in.
December 12, 2019
Business
Drivers citing coercion face an uphill battle
While coercion complaint filing might be straightforward, resolving a complaint is anything but. The process can drag for months, and protection for complainants is impossible if the coercive act is what’s investigated. Add the absence of monetary award and possible work disruption, and there’s no shortage of disincentives for blowing the whistle.
December 11, 2019
Business
UPS Freight fined after firing driver who refused to drive without a required ELD
OSHA ordered UPS Freight to pay the driver $15,273 in compensatory damages, $30,000 in punitive damages and approximately $2,700 in back wages plus interest. The unnamed driver was fired for refusing to drive without an ELD, and his termination was later modified to be a suspension, according to OSHA.
December 11, 2019
Business
Drug clearinghouse looming, owner-operators express frustration, lack of awareness
Many owner-operators, though technically not required to do anything before the looming Jan. 6 deadline, are in some ways unaware of, and unprepared for, the new CDL Drug & Alcohol Clearinghouse rule that takes effect in less than a month.
December 10, 2019
Business
The irony of e-logging and coercion: Complaints on a steady rise since mandate
Coercion complaints filed by drivers with FMCSA have gone up every year since the rule prohibiting coercion took effect in January 2016, more than doubling by the third year. That’s in spite of, or because of, another rule that same year, the ELD mandate.
December 10, 2019
Business
Cracks in the system: Blowing the whistle on coercion
In the more than four years since FMCSA’s driver protection rule took effect, results have been indirect at best, minimal at worst, when drivers report they’ve been pressured to violate regs.
December 9, 2019
Overdrive Radio
With training rule delay in the offing, operator Scott Hainline compares own ’70s, 2010s training
The Entry Level Driver Training Rule’s delay by as much as two years’ time is set to be made official any day now. Along the way in this edition of Overdrive Radio, views on perhaps misplaced federal priorities — or dropped balls — when it comes to this particular delay.
December 6, 2019
Business
Could Colorado’s pending vehicle booting regulation be a model for the nation?
A new rule in process in Colorado would place a statewide prohibition on the booting of any vehicle that is occupied. Some watchers note Colorado’s approach could provide a model for other states when it comes to vehicle immobilization devices and heavy-duty trucks.
December 5, 2019
Business
EPA erred in pursuit to repeal glider kit regs, watchdog finds
Delivering another blow to an early Trump-era push to roll back emissions regulations capping production of glider kit vehicles, the Environmental Protection Agency’s internal watchdog has said the agency skirted required steps in the process of crafting a rule to repeal the regs.
December 5, 2019
Overdrive Extra
ELDs innocent until proven guilty as highway killers
To establish a clear link between ELD use and fatalities, the burden of proof is on whoever makes the allegation. If anything, the underlying numbers weigh against that conclusion.
December 5, 2019
Voices
POLL: Have you taken steps to get ready for the drug/alcohol clearinghouse going live in Jan.?
How far have you gotten with steps necessary to set up with the new drug and alcohol clearinghouse database, whether you’re a company driver, leased or an independent or small fleet owner with authority? Weigh in here.
December 4, 2019
Overdrive Extra
Death throes for the leased owner-operator model?
Clifford Petersen on the hope for successful pushback against California A.B. 5 and similar laws: “I choose to be self-employed because I like being in control of my own destination …, knowing that my success is based upon my faith, my effort, my ability to learn, and my ability to adapt.”
December 4, 2019
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Overdrive Extra
How to change a truck tire at 46 below zero: 'Don't panic'
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