Issue link: http://read.dmtmag.com/i/55313
Feedback Harassment argument should extend to hours rule I read in the October issue of Land Line that the United States Court of Appeals, 7th Circuit, tossed the EOBRs regulation on the harassment argument. As Webster's Dictionary defines harassment — "to disturb, persistently pester, prosecute, to trou- ble by repeated attacks" — I would say this is a great argument. With the introduction of "modern technology," truck drivers are now electronically tracked by their fuel cards, PrePass, Qualcomm, cell phones and elec- tronic logs for HOS violations. Judge Diane P. Wood stated, "The court need address only the first issue of driver harassment and the FMCSA clearly define a distinction between productivity and harassment." The FMCSA's definition of the "hours of service" — on duty vs. off duty — are clearly harassment for productivity, and here is why: In the FMCSA regulation manual, part 395.2, it states: On-duty time means "any time a driver begins to work or is required to be in readi- ness to work." In this same manual, at the back | VIA FACEBOOK | The way we're looked down at by the general motoring public. The way they take what we do and what we deliver . If it weren't for trucks, everyday lives of everyone would change ... no food, no gas, no oil, no clothes, diapers, tampons, shampoo, soap, clothes, genera- tors, wood, batteries, ! Only thing not delivered by trucks is babies! — Robin D. Four-wheelers and truck drivers not using turn signals and ignoring mine. — Patrick P. 6 | TRUCKERS NEWS | MARCH 2012 under "Guidance," question 20 asks: "How must a driver record time spent on-call awaiting dispatch?" The answer says a driver can be threatened with discipline by the motor carrier while off duty, and not paid [when unavailable] and pre- sumably remaining in readiness for work. Therefore, if a motor carrier generally requires its drivers to be available and remain in readiness for work, all these times can be logged as off duty. All this was cleverly and deliberately crafted to be contra- dictory and clearly in favor of the motor carrier, not the driver. The lobbyists for the motor car- riers, shippers and receivers are all in concert with each other to ensure drivers are not paid hourly while waiting many hours to be loaded or unloaded or for any other en route delays in the HOS 14-hour window, with or without an EOBR. These unsafe practices and conditions by the motor carriers, with the unques- tionable permission of the FMCSA, are definitely harassment for the total utilization and maximum productivity of a driver. As a matter of public policy, you cannot allow any type of system that will inevitably jeopardize the life and limb of drivers and the public to further enhance the bottom lines of the motor carrier. David P. Gaibis Sr. New Castle, Pa. WHAT IS YOUR BIGGEST TRUCKING PET PEEVE? Turning turn signal on only to have everyone fill in that space. — Paula H. Humans ... — Dave C. Magnet cars that ride by you and won't let you over. — Kris C. Drivers that high-beam you to tell you to come back over. — Jason E. Parking lot pissers. Waddle into the bathroom or over to the grass. Disgusting. — Donald F. After you have passed another vehicle, cars that move into the right lane before it is safe for you to do that and then they move up beside you keeping you hanging out in the left lane. — Rob T. Pee, urine, piss, whatever you want to call it: Keep it in the restroom! If you go in a bottle, at least put it in the trash, don't throw it out your window. We are proud American truck drivers. Keep America beautiful. We don't live in a zoo, so don't act like it! — Bobby A. The real issues I already know you won't put what I have to say in your magazine, but I'm still going to say what I think. [The driver who wrote the let- ter to the editor in January's Truck- ers News] said we need to get paid by the hour. He's crazy for thinking that! Not every driver drives for a big company. He probably is one of the drivers riding in the middle lane. While he is running 5 or more below the speed limit. Some of us drivers don't need someone or a computer telling us when or how to do what we have/need to do to do our job safely. Or work for a big company. I have my own truck. The DOT needs to practice what they preach about safety. I have seen them many times on the phone while driving. Also, the new logbook rule is a joke! The DOT just wants to put us drivers at their low pay scale. They are jealous because a real hard- working truck driver can make three times more than they can. Johnny Walker Fries,Va. SOUND OFF SUBMIT A LETTER: Send letters to , Attn: Randy Grider, 3200 Rice Mine Road NE, Tuscaloosa, AL, 35406, or rgrider@randallreilly.com. T ruck er s Ne w s f or gr ant ed e v er ything C ontinued on page 8