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May 2014

Overdrive Magazine | Trucking Business News & Owner Operator Info

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Voices 6 | Overdrive | May 2014 N ow that the proposed man- date for electronic logging device use by interstate motor carriers and drivers is listed on the public docket, drivers and others are posting comments. Mark Olsen of Clinton, Utah, noted he'd used both electronic logs and paper logs, and that electronic logs probably are the better option. However, he rejoined arguments in favor of the need for ELDs with a message heard increasingly among Overdrive readers and other industry observers — that the hours of service rule in general is the bigger problem. If "you want safety on highways," he wrote, "remove the 14-hour [win- dow of on-duty time], and you will see a better change in driver com- pliance. As it is now with hours of service, they are not safe at all." More flexible sleeper splits and other hours options have been the subject of long-ongoing discussion by owner-operators and drivers since the Federal Motor Carrier Safety Admin- istration brought the 14-hour window into play more than a decade ago. With more congressional atten- tion to FMCSA's work crafting the hours changes introduced last year, the poll question above probed the in- terplay between ELDs and problems with the hours rule. Reflecting the majority view of respondents, however, regular Over- drive commenter Jason Haggard, commenting in the new Overdrive's Trucking Pro LinkedIn group, noted that privacy issues still trump concern over the hours rule when it comes to his opposition to ELDs. An hours revamp would do nothing to address his con- cern that "24/7 monitoring by force is a violation of certain rights," he says. On the public docket for the rule, some commenters say the mandate is a needed safety mechanism, while others dismiss the rule as unneces- sarily burdensome and a privacy intrusion. One anonymous commenter looked on favorably not relative to the safety potential of ELDs but for their potential to spur structural changes in driver pay. The devices, the commenter noted, could force all parties to act responsibly, rather than motivated solely by "greed" and productivity: "I see what drivers are put through by dispatchers and business owners, all in the name of making money. You want to see the real problem? Follow the money! ELDs are just a first step in driver compensation reform. There needs to be a combi- nation of mileage pay and hourly pay for wait time. Businesses need to be held accountable for even asking a driver to violate HOS in order to 'get the job done.' If we would all police ourselves, then ELDs won't make any difference." You can comment through May 27 via regulations.gov using docket num- ber FMCSA-2010-0167 or by email at oira_submissions@omb.eop.gov, using the subject line Attention: Desk Officer for FMCSA, DOT. Comments can be faxed to 202-395-6566. — Todd Dills and James Jaillet contributed to this report. ELD rule renews focus on hours Would ELDs be more appealing if more flexible hours of service provisions were in place? OverdriveOnline.com poll I'm most concerned with privacy issues I'm most concerned with ELD costs Other Yes Maybe I don't know 33% 14% 17% 22% 11% 3% No 64% Voices_0514.indd 6 4/30/14 3:10 PM

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