Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/378850
LEADING NEWS, TRUCKING MARKET CONDITIONS AND INDUSTRY ANALYSIS T he seven outstanding lawsuits filed against Pilot Flying J over its fuel rebate withholding scheme were ordered to mediation, where the truck - ing companies that opted out of an $85 million class-action settlement will seek to reach a separate settlement with the truck stop chain. U.S. District Judge Amul Thapar, who was assigned to the case by a panel on multidistrict litigation in April, filed the one-page order July 30, referring the parties to a magistrate judge in Kentucky, where the cases were trans - ferred by the April ruling. The class-action settlement included 5,500 trucking companies. Pilot agreed to repay all money withheld, along with 6 percent interest. Pilot Flying J entered a $92 mil - lion agreement with the U.S. Justice Department to resolve the criminal investigation into the scheme that prevents Pilot from being prosecuted, but it does not prevent individuals involved from being prosecuted. So far, 10 Pilot employees have pleaded guilty to various charges. Pilot Flying J owner Jimmy Haslam has maintained he knew nothing about the scam. – James Jaillet P ublic comments so far are split various ways on the proposed federal rule that prohibits carri- ers, shippers, brokers and others from coercing drivers into operating their trucks beyond hours-of-service limits or in a manner that violates other regulations. Two key arguments have emerged: One contending the rule is past due and that the agency should do more to hold shippers and receivers accountable, and the other saying the rule is a good idea but places the burden of proof of coercion on truck operators, thereby undermining its purpose. One commenter, seemingly a carrier or dispatcher, also says the final version of the rule should include protection for employers or dispatchers "from drivers who want to use this rule to cover their own lack of commu- nication or lack of proper calculation." The burden of proper HOS maintenance is on the driver, says commenter Sharon McDonald: "Most dispatchers are not able to keep up with all the drivers' HOS and should not be responsible to," she wrote. "A driver should be responsible for his own HOS calculations and should inform the dispatcher if he is out of hours. If a driver fails to inform a dis- patcher they don't have adequate hours, they can blame the dispatcher for dispatching them on a job when they get caught." Other commenters have said the rule is a redundancy and unnecessary, as federal rules already protect drivers from coercion to drive when they legally can't or say they're unable. Driver commenters, however, mostly seem supportive of the rule's intent, though several take issue with the fact that the burden of proof of coercion is with drivers. One public commenter, Brian, says as long as the onus is on drivers to prove they were coerced, the rule won't have much effect: "If you don't put the burden of proof on the carrier or dispatcher, then it's the driver's word against the company, and the driver still ends up being punished," he writes, "I have been told multiple times to falsify my logbook (which I won't do) and have paid the price in lost wages, but it's just my word, so who is going to do anything about it unless I have written evidence to back up my claim?" Commenter David Brown called the rule "hogwash," while also pointing to a solution that would address shipper detention: "A much more simpler way would be to have the shipper timestamp the document and have the drivers' logs show the actual time of arrival," he wrote. "Charge $100 per hour from the time of appointment or arrival, and this will stop the coercion issues." He also encouraged the Federal Motor Carrier Safety Administration regarding their resistance to regulate shippers and receivers: "Yes, you can dictate this. Just say it's a safety issue, and mandate it. Quit trying to regulate on the sidelines, and get in the game." – James Jaillet Scan the QR code with your smartphone or visit ccjdigital.com/news/subscribe-to-news- letters to sign up for the CCJ Daily Report, a daily e-mail newsletter filled with news, analy- sis, blogs and market condition articles. COMMERCIAL CARRIER JOURNAL | SEPTEMBER 2014 7 Remaining lawsuits in Pilot fuel rebate scam sent to mediation Anti-coercion rule comments: Carriers want protection, drivers unhappy with burden of proof Seven trucking companies opted out of the $85 million settlement last fall to pursue separate litiga- tion against Pilot Flying J. Some commenters say FMCSA should do more to hold shippers and receivers accountable.