Earlier this month we posed the question: Are [permalink id=”http://cdllife2017.wpengine.com/2014/featured/elogs-imminent/” target=”blank”]ELogs[/permalink] inevitable?
Owner-Operator Independent Drivers Association (OOIDA) has long campaigned against mandated ELogs and is working to halt the proposed rule.
OOIDA is reaching out to all truckers to encourage them to post comments on the proposed rule that would mandate electronic logging devices (ELD). OOIDA will be drafting comments on behalf of anyone that would be forced to operate under ELDs if the proposal turns into a final rule, as well as small-business truckers, which make up a majority of the industry. The Federal Motor Carrier Safety Administration (FMCSA) is set to announce an open comment period which will begin once the proposal is published in the Federal Register on Friday, March 28 and will last for 60 days.
“The agency must address the serious safety issue of how EOBRs are used to harass and coerce truck drivers into continuing to drive regardless of driving conditions, such as bad weather, congested traffic or simply if the driver is too tired to drive,” said Todd Spencer, OOIDA executive vice president. “FMCSA has yet to show any direct correlation between ELD use and reduced crashes or any other kind of safety benefit,” said Spencer.
OOIDA is also pointing out that FMCSA is moving forward with the rule making before collecting data from truckers on an important survey of how ELDs enable driver harassment by motor carriers, and while a study, “Evaluating the Potential Safety Benefits of Electronic Onboard Recorders,” has yet to be completed.
Congress required electronic logging devices to record not only a driver’s driving time, but also record-of-duty status, known as RODS. In the proposed rule, the agency admits there is no known device that is capable of automatically recording a driver’s duty status throughout a work day.
“The agency would like everyone to believe this rule is simply a switch from paper to electronic with no unintended consequences,” said Spencer. “But in reality, they can’t answer the simple question about whether the use of an electronic log on its own would actually make the highways safer and what problems they will cause in terms of reduced safety and problems with efficient freight movement,” Spencer said. “While Congress may have voted for a mandate, there is a lot of difference between the few dozen lines of legislative text and the hundreds of pages of regulatory changes and technical specifications, and it is the job of OOIDA and all truckers to point those out.”
Those who wish to submit comments on Docket Number FMCSA-2010-0167 may do so using any of the following methods:
• Federal eRulemaking Portal: http://www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.
• Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
• Fax: 202-493-2251.