Safety & Compliance

OOIDA Now Fighting ELD Rule with Coalition Support

September 27, 2017

By Steven Martinez

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A coalition consisting of the  Owner-Operator Independent Drivers Association and 30 other transportation-related associations has been formed to back proposed legislation that would delay implementation of the electronic logging device mandate for two years. As of now, the ELD rule is set to go into effect on Dec. 18-- less than 12 weeks from today.

Industries represented in the coalition include agriculture, pyrotechnics, utility contracting, livestock, and several others that could be negatively impacted by the mandate. OOIDA remains the most vocal group in  trucking in its opposition to mandating electronic logging devices.

“The electronic logging device mandate is written so broadly that it has far-reaching implications well beyond the traditional trucking industry,” said Todd Spencer, executive vice president of OOIDA, in a Sept. 27 statement about the coalition.

The group supports H.R. 3282, the ELD Extension Act of 2017, proposed by Rep. Brian Babin (R-TX) that would delay the ELD mandate for two years. Earlier in September, another bill proposed by Babin that included an amendment to defund the ELD mandate (H.R. 3354, the Make America Secure and Prosperous Appropriations Act of 2018) was voted down on the house floor.

The coalition believes the mandate should be delayed until the Federal Motor carrier Safety Administration addresses what it says are numerous unresolved issues identified by impacted stakeholders. The group’s concerns include the certification of electronic loggging devices, connectivity problems in remote areas of the country, cybersecurity vulnerabilities, and the ability of law enforcement to access data.

The coalition also contends that the ELD mandate will impact stakeholders with costs of more than $2 billion while failing to improve safety, productivity, or profitability. OOIDA said that requiring electronic monitoring devices on commercial vehicles does not advance safety since they are no more reliable than paper logbooks for recording compliance with hours-of-service regulations.

In response, David Heller, vice president of government affairs for the Truckload Carriers Association, told HDT that sticking to the Dec. 18 deadline will give the industry time to generate enough data to fix any problems with ELD implementation - including detention time, truck parking, and hours of service compliance.

“TCA members have taken a proactive approach to finding a compliance tool that worked well for their fleet operations. Rather than delaying the inevitable, our members support an approach to ELDs that can and will positively address issues that have plagued this industry for decades,” stated Heller. “Insisting that this rule be delayed any longer only continues to accept these problems as status quo rather than truly taking a step forward in addressing them.” 

The Trucking Alliance (Alliance for Driver Safety & Security) also commented on the coalition’s contentions, stating that ELDs would improve driver safety and improve law enforcement’s ability to maintain compliance.

“Electronic logging devices, or ELDs, will unquestionably reduce truck driver fatigue. ELDs will reduce large truck accidents on our nation’s highways. ELDs will make it easier for law enforcement to verify how many hours a driver has been behind the wheel,” stated Lane Kidd, managing director of The Trucking Alliance.

“Congress has voted numerous times and as recently as a few days ago, to require ELDs. The federal courts have upheld their congressional action," he continued. "Yet OOIDA and other groups continue to ignore these facts, suggesting the rule may not happen and are now taking their members perilously close to having their trucks taken out of service for not installing them.”

The American Trucking Associations echoed many of the same opinions of the coalition effort, saying that while there could be kinks to work out with ELD implementation, fleets should assume that the ELD mandate will not be delayed.

"Congress has passed the ELD requirement three times over the last five years," ATA spokesperson Sean McNally told HDT in a statement. "This issue has been legislated, promulgated, and litigated. It has been decided, and those still in denial would be best served complying with federal law than making excuses to exceed their hours of service limits and putting the motoring public at risk."

“As it stands today, no driver or carrier who has been honestly logging their time will need to change anything other than the manner which they record their hours of service – moving from inaccurate paper logs to more precise electronic ones," he added. "Complaints about the underlying hours-of-service rules may have merit, but that is a separate issue from complying with the current rules.”

In addition to OOIDA, these associations make up the anti-mandate coalition:

Agricultural Retailers Association

National Aquaculture Association

National Ready Mixed Concrete Association

American Pipeline Contractors Association

National Corn Growers Association

National Stone, Sand & Gravel Association

American Pyrotechnics Association

National Cotton Council

New England Fuel Institute

Associated Equipment Distributors

National Electrical Contractors Association

North American Wood Pole Council

Distribution Contractors Association

National Federation of Independent Business

Petroleum Marketers Association of America

Livestock Exporters Association of the USA

National Grain and Feed Association

Power & Communication Contractors Association

Lucas Oil Products

National Ground Water Association

Precast/Prestressed Concrete Institute

Mid-West Truckers Association

National Hay Association

SikhsPAC

National Association of Chemical Distributors

National Motorists Association

Southern Pressure Treaters’ Association

National Association of Small Trucking Companies

National Precast Concrete Association

United States Cattlemen’s Association

Comments

  1. 1. terry [ September 28, 2017 @ 03:33AM ]

    Gonna fix detention time, hahahhahahah, gonna implement information
    that proclaims brokers to be fined when you drive 150 miles and a load
    does not exist, gonna implement information that forces a Wal Mart vendor
    to have freight ready at 1000 morning of pickup and not 1700, and then driver cant make appointment time next day no matter what, a log device will not make the people trying to answer an email in a car while driving, any more safer, than what it is now, it takes driver skills and not '
    ELD to correct the automobile traffic that exists today, Frustrations that exist when a car is in left lane doing 62 Mph at a hill , That's not ELD,
    problems, so your safety numbers are distorted and who in the world is making predictions as the children, of baby boomers hit the cars with those new licenses, making the roads more crowded!!!! thus less room to maneuver a tractor trailer,

  2. 2. Kenny Scott [ September 28, 2017 @ 04:37AM ]

    If the ata thinks this is so great why do many of Their members have a 100 percent or more turnover rate. That's why Saftey sucks out here. Cheap drivers

  3. 3. Marvin [ September 28, 2017 @ 05:00AM ]

    "unquestionably reduce driver fatigue"......how is that even remotely possible? The accurate information that's been available states otherwise but it doesn't fit the narrative. Therefore data is fabricated to suit. If we read nearly all of the statements from ATA, Trucking Alliance, and all of the big players including government officials, the common denominator is ENFORCEMENT! And they've become openly blatant about it recently. And an enormous amount of money changed hands from the large carriers to government for this bill to become law. Common sense and truthful information were never allowed in the debate because the fleets that currently use ELD's have the lowest safety ratings on our highways. So there you have it!

  4. 4. JStephens [ September 28, 2017 @ 05:24AM ]

    Stating up front that this is strictly antidotal- we did see a dramatic drop in our accident rate when we installed AOBRD 6 years ago. That is based on frequency and severity of accidents that did occur. Our HOS BASIC percentile dropped dramatically as well. In fact, all the BASIC percentiles cratered right after implementation. We had tried everything else to enforce compliance and get our drivers to think using a safety first mentality without moving the needle at all. We have used the AOBRD to get customers to increase rates, cut down on detention time and re-examine scheduling so that runs could be completed legally and on time. It was, and still is, astonishing just how much of a change not using the honor system – paper logs- have made for us. All the foot dragging and leaving claw marks on the wall will not change the fact that driving / working excessive amounts of time make people tired, tired people make mistakes, mistakes at 65 + MPH get people hurt or killed and not moving forward with ELD implementation does not solve the problem that for decades the entire industry has relied on drivers and carriers being forced to work for free and act like their time has zero value.

  5. 5. Brian [ September 28, 2017 @ 11:14AM ]

    I find eld is more stressful for the fact even though we are logging correctly with paper logs. Now we worry more about time management against the running clock. Look, it's not about safety. Drivers with ELDs are crashing just as much as ever. It's about big money controlling commerce. Just listen to them say " ELDs puts us on a level playing field ". It doesn't matter if they have thousands of trucks and someone has one truck, they want his/her load to.

  6. 6. Dave Wise [ September 28, 2017 @ 12:00PM ]

    the ELD itself isn't the real problem. The real problem is the 14 hour clock. Anytime a driver is forced to " beat the clock" safe driving habits are reduced; i.e. not slowing in construction zones or heavy traffic, feeling like they can't afford to take a power nap during a tour of duty, not allowing faster traffic to go by before changing lanes. Any common sense look at the 14 hour clock should tell you it is not safe. I'd like to see a real unbiased comparison of safety records between ELD drivers and paper log drivers accident rates.

  7. 7. Joe W [ September 29, 2017 @ 11:13AM ]

    After the eld mandate fmcsa needs to pass a law that you have to speak english and read road signs to hold a cdl. Alot of big companies are hiring alot of drivers like this. Big dam problem.

  8. 8. Randall S [ September 29, 2017 @ 12:25PM ]

    I am a single truck and trailer owner operator. I feel like if the government wants us to punch a time clock aka ELD then pay the trucks and drivers by the hour for every hour worked. This includes sitting for hours on end at shipping and receiving waiting on people who could care less about our time.

  9. 9. lee lenard [ September 29, 2017 @ 07:49PM ]

    Where is Trump when he could really do something beneficial? Stroke of his "pen" could kill this absurd mandate!

  10. 10. Gary Hagen [ September 30, 2017 @ 09:53AM ]

    I have been in the trucking industry for 45 years, 13 of those years as a small business owner-operator supplying a tractor and multiple trailers to a nationally known company. That business will disappear or be severely downsized if the ELD mandate is pushed through and I will be forced to retire well ahead of when I would like to retire. I believe in safety and operate my equipment as safely as possible. Beyond keeping my equipment maintained so it operates safely, is my physical ability to operate that equipment safely. An Electronic Logging Device will never convince my body not to be tired when it is. Forcing drivers to drive when their bodies tell them differently is the safety issue! This seems to be more of an issue of the FMCSA being manipulated by Big Trucking Associations and Companies trying to eliminating the competition of the more efficiently run small business trucking company. Greed and power seem to be the motivating factors in this issue not safety!

  11. 11. Jeff Fisher [ October 02, 2017 @ 01:07AM ]

    They can regulate our hours of service all they want, but what they can't do is regulate how many hours a person sleeps. Thats is the problem I see. What you do with your personal time is your business and I'm so sick of all the B.S. I just want to work hard and provide for my family the way I see fit. Can't believe that they want to take away my ability to do that.

  12. 12. Evertte [ October 05, 2017 @ 12:45PM ]

    This coalition need to organize a real strike and March to Washington D.C. To stop this FMCSA government over reach. All of these large carriers became rich off of paper logs! If you can't read and write, then you shouldn't be allowed to drive . There's already no where to park,and you're gonna get yourself killed sleeping at shippers!

  13. 13. James Bradley [ October 07, 2017 @ 04:39AM ]

    The driver will always decide if he or she is rested and fit to drive..only the drive line is truly determined by ELD..one could get up at 0600, work, play and still begin to drive at 0600 next day if the vehicle does not move!
    Up 24 hrs and still drive..see what we mean!
    Only bad actors ahould be required to ELD as it has been for years now..
    Good safety records should be honored by allowing companies to continue operating without the additional costs of ELD..

  14. 14. Linda Taylor [ October 09, 2017 @ 08:41AM ]

    More fatigued drivets on the road now. No one can stop for a needed nap until the ELD says it's time! Just get more qualified drivers out here. Problem fixed!!

 

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