Posts Tagged ‘Senate’

Detention/Pay Forcing Drivers to “Cheat” Hours of Service…Are EOBRs the Solution?

Friday, May 11th, 2012

Electronic on-board recording devices (commonly referred to as EOBRs) have been a subject of debate in the trucking industry, especially recently with the passage of the The 2012 Surface Transportation Extension Act by the Senate which would require the mandatory installation of EOBRs on all trucks.

Against this proposal are groups (including the Owner-Operator Independent Drivers Association) who believe that the devices would lead to driver harassment, pressure to meet their quota and therefore driving tired and enforcing safety hazards, along with the expensive cost of $525 and $785 per truck.

On the other hand, there are groups (which include the American Trucking Associations, Advocates for Highway and Auto Safety, Commercial Vehicle Safety Alliance, and many more) who support the proposal believing that EOBRs would lead to greater safety through HOS compliance, saving time by ridding of paper logs, and better accuracy.

But do EOBRs come with another benefit to an ongoing problem in the trucking industry…detention?

As a driver, have you ever pulled into a dock for a pickup only to find a long line of trucks ahead of you?  You end up sitting there two and half hours, still waiting to be loaded.  What do you do?  Do you pull the truck and waste the driver’s time, fuel, and accumulate empty miles or do you wait it out?  This detention not only threatens the next shipment on the driver’s truck being late, but also takes away from a driver’s allowed hours of service.

With a strict 11-hour driving limit, many drivers explain that they are being forced to cheat on their logs either due to financial reasons or because their employer is making them.  As one individual commented, “Drivers cheat on their logs because the job doesn’t pay what it should and they need the extra time & money. Average truckers work over 70 hours a week without a penny of overtime.  Companies threaten to have drivers sit for days if they don’t cheat.” 1

Another reason drivers provided for cheating on their logs, as mentioned earlier, was detention.

Let’s say you were detained at a shipper’s dock for three hours.  This drastically reduces the amount of time you now have left on the road while complying with your hours of service.  Since many drivers are paid by the mile, this now reduces that driver’s income, and therefore, the driver is more prone to “fix” their hours to have more time on the road.

According to a recent study, “More than 80% of drivers reported that they were unable to comply with the Hours of Service regulations after being “unduly detained” at loading docks.” 2

As OOIDA states, drivers are spending up to 40 hours a week on docks, sometimes for days, costing the industry $3 billion annually and becoming the biggest efficiency problem in trucking.  On top of that, OOIDA mentions the problem with compliance due to detention time spent on docks, causing drivers to lose productivity and, in return, higher the costs of consumer goods.

Last summer we witnessed initiatives, such as HR 756 and extending the FMCSA’s authority, in an effort to reduce the number of hours drivers are detained at docks to pick up or deliver a shipment.  This month, the Federal Motor Carrier Safety Administration decided to conduct “two important studies to examine how wait times and driver pay affect driver behavior.” 2

Meanwhile, in order to compensate for detainment, many trucking companies are charging shippers/receivers detention fees, typically providing the first two hours free and charging for additional time.

But charging for detention does not always mean that the carrier will receive it.  As one carrier utilizing a third-party for its loads notes, “If at the two hour mark I call the broker and complain, I usually hear something like: ‘I’ll call the shipper and see about detention.’ This is a kiss-off.” 3

But many truck drivers/companies believe that EOBRs can help.  How?  One word…proof.

Let’s face it, we live in a world that requires a “see it to believe it attitude.”  If you can’t prove that you were at the dock from time this time to that time, I’m not paying.

One carrier utilizing EOBRs labeled it a “powerful tool” when it came to customers known for detaining drivers.  As he noted, “Given that stopped time and location is easily retrievable with the systems, I now have ready-made documentation to prove detention time to the shipper, beyond just me or my drivers’ word.” 4

Do you think EOBRs can be a solution to driver detention?  List your comments at http://gsfn.us/t/2uev4.

eobr

click to enlarge

1http://www.wjhg.com/news/headlines/Proposed_Government_Mandate_Could_Mean_Big_Changes_for_Truck_Drivers_150496015.html

2http://www.truckinjuries.com/latestnews/2012/05/fmcsa-will-study-questions-of-driver-safety/

3http://regulationroom.org/eobr/eobr-commenter-stories/

4http://www.overdriveonline.com/could-eobrs-solve-the-detention-dilemma/

Safety Reauthorization Bills to be Presented to Senate Next Week, Available via Live Stream

Friday, December 9th, 2011

SenatThree transportation bills introduced earlier this week covering safety topics which include electronic on-board recording devices (EOBRs), chameleon carriers, detention, the loading/unloading of hazardous materials, among other issues, will be heard by the Senate Commerce Committee next week.

The first bill, the Motor Vehicle and Highway Safety Improvement Act of 2011, “reauthorizes highway and vehicle safety programs under the National Highway Traffic Safety Administration…managing safety and research programs designed to decrease vehicle deaths and injuries by changing driver behavior” (http://www.transportationissuesdaily.com/senate-to-act-on-highway-safety-bills/).

Among these safety programs is the mandatory requirement of electronic on-board recorders (EOBRS) on trucks.

Last August, the U.S. Court of Appeals sided with the Owner-Operator Independent Driver Association (OOIDA), agreeing that the Federal Motor Carrier Safety Administration (FMCSA) needed to address the issue of driver harassment in their EOBR mandate.

On November 1st, the FMCSA submitted its proposal of whether it will reduce a driver’s hours of service from 11 to 10 hours, among several other proposed changes.  But before the FMCSA’s decision will be announced to the public, the OMB must first review the rule, returning it to the DOT with any recommendations, who will then pass it to the Federal Register for publication.

Recommendations to the requirement were submitted to the FMCSA this week with details on the suggestions expected to be released next week.

The bill also addresses the issue of chameleon carriers (existing carriers who register as a new carrier in order to hide poor safety records).  As Transport Topics notes, “The bill would also make it harder for a carrier shut down for violations to “reincarnate” under a new name,” along with “requiring new ‘applicant motor carriers’ to demonstrate knowledge of safety regulations through written exams.”

Detention, labeled the “biggest productivity or efficiency problem in trucking” by the Owner-Operator Independent Driver’s Association (OOIDA), costing the trucking industry $3 billion a year and drivers 30-40 hours a week, is also addressed in the bill.

This detention not only threatens the next shipment on the driver’s truck being late, but also takes away from a driver’s allowed hours of service (HOS).  In return, the bill explains concern that drivers who are detained would be more apt to violate their HOS, driving fatigue in order to make delivery appointments.

The other two bills (the Commercial Motor Vehicle Safety Enhancement Act of 2011 and Hazardous Materials Transportation Safety Improvement Act of 2011) are not yet available to the public but would include the requirement of “a paperless hazard communication system between all parties in the transportation chain, along with emergency responders and law enforcement personnel,” as well as “uniform procedures for the safe loading and unloading of hazardous materials on and off trucks,” Transport Topics explains.

Road Scholar Transport is a hazmat certified carrier, hiring only the most professional and experienced drivers who are subject to background checks and safety tests well beyond the industry standard.  Road Scholar’s hazmat certified drivers participate in a training program that keeps them “up to speed” on the latest techniques to prevent accidents and protect hazardous cargo.  Combine Road Scholar’s drivers’ experience with our strict in transit security protocols and the result is a “security officer” behind the wheel escorting your freight.

Those wishing to tune into the session on Wednesday can do so at 10 a.m. by going to http://commerce.senate.gov/public/index.cfm?p=Home.

news on the trucking industry

Proposed Bill Seeks Credit for Carriers using Safety Technology

Wednesday, June 29th, 2011

Sen. Debbie Stabenow

In an effort to reduce the number of accidents involving tractor trailers, Sen. Debbie Stabenow introduced a bill that would provide tax credit towards the installation of safety equipment on trucks.

The Commercial Vehicle Safety of 2011 (S. 1233), originally introduced last May to the House of Representatives, was brought to the Senate early last week.

With over 75,000 injuries and more than 3,600 fatalities in 2009 caused by trucking accidents, The Commercial Vehicle Safety Act of 2011 aims to reduce those numbers by helping companies who choose to install safety technology such as stability control systems and lane departure and collision warnings, from a list of eligible equipment targeted at preventing “the causes of 60% of commercial motor vehicle accidents,” an article in truckinginfo.com notes.

According to Sen. Stabenow, the bill would do the following (information provided by http://www.truckinginfo.com/news/news-detail.asp?news_id=74060):

-“Provide a tax credit equal to 50 percent of the cost of a qualified system, up to $1,500”

-“Allow a total credit of up to $3,500 per vehicle”
-“Limit the qualifying taxpayer to a maximum credit of $350,000 per taxable year”
-“Extend credit eligibility for the purchase of school buses, intercity buses and vehicles used in commerce weighing over 26,000 pounds”

The bill is gaining positive reactions over those in the trucking industry, already gaining strong support among The Motor & Equipment Manufacturers Association, The Heave Duty Manufacturers Association, and Bendix Commercial Vehicle Systems, who have already developed several safety products to prevent accidents on the road.

In fact, Road Scholar Transport has recently added new trucks equipped with the Bendix Wingman ACB (Active Cruise with Braking) System, as well as ESP (Electronic Stability Program).
These trucks will maintain a set distance from the vehicle ahead by automatically reducing the throttle, using the engine retarder, or applying the brakes when cruise control is on.

When cruise control is off, the ACB will deliver a beeping alert, which gets faster and louder when closing in on a vehicle, as well as a visual warning on the dashboard showing how far the vehicle is from your truck.

And that’s not all.  Visit www.roadscholar.com to learn more about all of the security and safety features Road Scholar has to offer.

What do you think of The Commercial Vehicle Safety of 2011?

new trucks

Oregon Moves One Step Closer to Idling Law as Road Scholar Continues its Own Attempts to ‘Go Green’

Wednesday, June 1st, 2011

After sweeping the Senate yesterday in a 27-3 vote, the state of Oregon took a small, but meaningful, step in its attempt to reduce greenhouse gas emissions.

no idling

The proposal, dubbed House Bill 2081, would limit a truck’s idling time to five minutes per hour, strictly enforced by a $180 fine, an article in The Register-Guard notes.

According to the site, the law would exclude reefers (such as those constantly monitored by Road Scholar Transport’s knowledgeable staff), the loading/unloading of a shipment, servicing/repairing a truck, armored trucks, or if there is a need for air conditioning/heating due to harsh outside weather conditions.

Senator Starr acknowledged three main benefits to for House Bill 2081: it will help reduce emissions, create a uniform law throughout Oregon, and save the industry money.

In a release by idleAIR, promoting their product which is said to be “an alternative to idling…allowing truck drivers to turn off their diesel engines and APU’s and still enjoy heating, cooling”…etc, “one hour of idling produces 23.37 pounds of emissions into the environment” as well as “burns 1 Gallon of diesel per hour” (http://www.idleair.com/wp-content/uploads/2011/02/Fleet-Benefits-rev2.pdf).  And that’s just one truck!  Imagine having a fleet of over 95 tractors and 350 trailers like Road Scholar Transport.

Road Scholar Transport

That’s why Road Scholar has taken several steps in an effort to reduce emissions and aid in our initiative to go green.  One of these endeavors include purchasing several new tractors that contain APUs (auxiliary power units) providing air conditioning/heating without having to idle the engine, thus reducing carbon emissions and saving on fuel.  These new trucks also contain exhaust systems that are 42 times cleaner than a 2007 tractor.  Now that’s green.

Although Oregon’s proposed rule would benefit the environment, not everyone is in favor of its passing, one of them being Senator Burdick.  In response to the rule seeking to prevent “local governments from establishing their own rules in the future to regulate truck idling in any way,” she believes that “cities should have the right to control truck idling within their borders, and this bill deprives them of that right.”

But Senators Beyer and Edwards were quick to rebut Sen. Burdick’s concerns.  Sen. Beyer claims that cities can still direct truck routes, handling where emissions are let off and both stated that states could still “set idling regulations for their own fleet of vehicles” (http://www.registerguard.com/web/newslocalnews/26320275-41/bill-idling-trucks-industry-truck.html.csp).

With Beyers in agreement, Sen. Edwards believes that although the legislation can be stricter, the bill is a “baby step” towards the right direction.

According to The Register-Guard, changes to House Bill 2081 will cause it to return to the House for approval.

Learn more about how Road Scholar Transport is helping to protect our environment by visiting www.roadscholar.com and be sure to check out our awareness program at www.roadscholarawareness.org.

ship with a green company

Obama Signs 5-Year Diesel Act

Thursday, January 6th, 2011

After passing the U.S. Senate and later the House of Representatives, the Diesel Emissions Reduction Act (DERA) has signingfinally become law.

President Obama signed the Act on Tuesday, which allows for $500 million worth the funds for cleaning up diesel engines, thus preventing pollution and promoting a healthier lifestyle, for the next five years.

Road Scholar Transport is in support of a healthier lifestyle and taking green initiatives, which is why we are bringing trucks into our fleet that would drastically reduce the amount of diesel particulate given off.  It would take 42 of these new trucks to equal just one 2007 engine in the amount of particulate emitted!

According to http://switchboard.nrdc.org/blogs/rkassel/president_obama_signs_diesel_e.html, over 90 percent of diesel pollution can be eliminated with today’s technology, which DERA intends on installing on older diesels which, otherwise, are in good shape.

The signing was a reauthorization DERA’s first creation in 2005.

Diesel Emissions Reduction Act Awaits Obama’s Signature

Wednesday, December 22nd, 2010

The House gave its stamp of approval for the Diesel Emissions Reduction Act (DERA) yesterday (Dec. 21st) after the dieselSenate unanimously voted it through on Dec. 16.  Now, the Act awaits President Obama’s signature in order to be put into effect for the next five years.

According to etrucker.com, DERA was created “in 2005 to establish voluntary national and state-level grant and loan programs to reduce diesel emissions by upgrading and modernizing older diesel engines and equipment” (http://www.etrucker.com/apps/news/article.asp?id=86114).

The proven success that DERA has produced thus far makes it likely that Obama will sign it, making over 500 organizations in support of the Act very happy.

Road Scholar Transport has already taken many measures to “go green” including bringing new tractors into the fleet that account for 42 trucks in the amount of diesel particulate given off.

Learn more about all the ways in which Road Scholar is helping the environment by visiting www.roadscholar.com.