Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/580471
VOICES October 2015 | Overdrive | 15 A fi nal rule mandating the use of electronic logging devices by interstate truckers was delayed one month and is now set for publica- tion Oct. 30. Prior to that develop- ment, readers commented on our August issue's story about own- er-operator and small fl eet "early adopters" – those already running compliant automatic onboard recording devices for logs. One reader expected legal delays. "More lawsuits coming. Not going to happen in 2017," the commenter wrote, referencing the most recent reliable projection of the rule's enforcement date, barring legal or other delays. The Owner-Operator Independent Drivers Association is taking a wait-and-see approach before addressing the potential for legal challenge. Most recent polling shows more than eight in 10 readers oppos- ing any mandate for electronic logs, with continued objections including safety, cost, scheduling hassles and driver privacy. Some readers voiced support for direct challenge of any mandate, calling it a "trampling of freedom" and taking heart in the fact that most readers are against it. Another commenter noted it was "time to get mobilized. Eighty-three percent are against further reg- ulations. This job is challenging enough!" OOIDA's past successful suit against a previous limited mandate for electronic logging devices hinged on the Federal Motor Carrier Safety Adminis- tration's failure to consider driver harassment. With the March 2014 proposal to mandate ELDs, the agency also announced a series of other proposals relative to harassment. "CP3," via Overdriveonline. com: "I just don't understand why the FMCSA thinks more gadgets in a truck make for a better driver. Anybody who drives a truck for a living knows the hours of service is the problem. [An ELD mandate] adds to the problem. … Compa- nies who make them will profi t. We can only hope that greed loses out and the real problem, a needed change of the hours of service, will be addressed." Jeff Williams, via Overdrive's Facebook page, also suggested the hours of service was the central problem: "I run e-logs and still run out of hours. What's the big deal? The load has to be picked up and has to be unloaded whether I have hours or not. I'll still have to get the job done." Chris Harkins was skeptical: "Here's the problem. The govern- ment never repeals anything, es- pecially mandates. They just make the problem worse by writing more rules so it looks better on paper!" Kenneth Foster, via OverdriveO- nline.com: "Seems like every time I've read an article about all these changes, it leads a person to think they've made it a law already. Then somewhere in the article, [the writ- er] says something like 'if it's ap- proved.' I get the feeling it's been a done deal a long time ago, and [all the press is for] conditioning people. I've already told my boss that if all this passes, he has my notice. Let the produce rot." Readers protest ELD mandate 42 | Overdrive | August 2015 August 2015 | Overdrive | 43 Early adopters A tlanta-based two-truck- fleet owner-operator Rico Muhammad has been running the BigRoad smartphone application for his and his driver's logs for more than two years. While he's run with the initial version – not BigRoad's more recent DashLink, which has a connection to the engine's electronic control module – Muhammad is among some other nonleased independents and small fleets who've begun experimenting with otherwise fully compliant automatic onboard recording devices (AOBRDs). "I don't want to get caught behind the curve," says Muhammad. Watchers note that, as concerns the electronic logging device mandate, there are a lot of trucks that will be newly required to be outfitted with some electronic system, possibly in late 2017. Mark Kessler of PeopleNet, an AOBRD and telematics provider, estimates that as many as four million Courtesy of J.J. Keller trucks will need some kind of electron- ic logging system. July polling of Overdrive readers shows only 14 percent of all readers are using a logging device that is com- pliant under the Code of Federal Reg- ulations section 395.15, meaning it is likely to meet requirements of an ELD mandate. The remaining 86 percent use paper logs or a log book app or software that is not 395.15-compliant. If the timeline remains as proposed last year, a grandfather clause in the rule will give owners already running with an AOBRD that is compliant under 395.15 an extra two years to do any necessary upgrades that may be required. Such upgrades, in a few instances, may include older systems' hardware. However, most compa- nies surveyed for this article were confident that upgrades to a system purchased today would be done via either software update or, in the case of BigRoad, a hardware update the company pledges to make without customer cost, if necessary. All of that will depend on what's in the final rule, which will include device specifications and requirements. Such unknowns aren't particularly daunting to owner-operators such as Muham- mad, who are less concerned with cost in the near term than with the long- term viability of any system. The current AOBRD market con- tains essentially two types of devices. One is those that stand alone, ded- icated to the truck in which they're installed. The other is "bring your own device" (BYOD) systems capable of pairing with software on operators' smartphones or tablets over the air via Bluetooth, Wi-Fi or the cell network. Both types require a hard connec- tion to the engine's electronic control module. BYOD systems utilize existing hardware for the user interface. Truckstop.com was on the market early with its uDrove app, a smart- phone-based logging platform that also offers business tools for small fleets and owner-operators. The app runs on both iOS- and Android-powered devices. "We want [e-logs] to be secondary to what we offer with uDrove," says Thayne Boren, Truckstop.com mobile general manager. "We want to be a productiv- ity tool. Let's go ahead and send your proof-of-deliveries in faster for faster payment. Let's track business expenses." Engine diagnostics also are made possible with many AOBRD devices. Truck manufacturers also have begun partnering with e-logs/telematics providers to integrate hardware as standard equipment. Kurt Swihart, Kenworth's marketing director, says customers with new Kenworth Class 8 trucks equipped with the Paccar MX-13 engine and TruckTech+ still will need to add a display interface for the e-logs and register for PeopleNet's eDriver Logs system. MX-powered Peterbilts also are out- fitted with PeopleNet's engine-connec- Owner-operator views on the ELD mandate Source: OverdriveOnline.com poll, 1,245 respondents Opposed 81% In Favor 13% Neutral 4% Other 2% In separate questions, one in 10 operators noted changing opinions on a mandate for e-logs. Equal shares moved from favor to opposition or vice versa. Most owner- operators still oppose an electronic logging mandate as the final rule gets closer. Yet some independents see benefits in trying out new technology to adjust to the expected rule. BY TODD DILLS J.J. Keller & Associates' Encompass system can be paired with the company's spe- cially designed tablet or with operators' per- sonal Android or iOS devices. Tom Reader, J.J. Keller marketing director, believes the company is well-positioned. "We're in vir- tually every truck stop in the country," he says. "We have a really good track record in the owner-op- erator market with paper logs. Right now, the electronic log at truck stops? We're not there yet." But it's coming soon. The hardware, minus the tablet, retails at about $200. Mandate poised to begin two-year countdown This timeline assumes publication of the final rule for an ELD mandate by Sept. 30, many observers expect. It would take effect in October, beginning a two-year period before compliance is manda- tory. For those running automatic onboard recording devices ahead of the rule's effective date, an extra two years are available, if necessary, to assess options as device and software makers conform their product to the new standard. "We're getting some people who are moving early," says Tom Cuthbertson, Omnitracs vice president. That includes some owner-operators buying the company's XRS "bring your own device" system, operable on Windows Mobile and Android devices. SEPTEMBER 2015 Expected publication of rule OCTOBER 2017 Compliance date OCTOBER 2019 Last permissible use of AOBRD Omnitracs The latest U.S. Depart- ment of Transportation projection shows a Sept. 30 release of the final rule that would require the vast majority of interstate carriers to use electronic logging devices. Tom Cuth- bertson, Omnitracs vice president, believes that date is reliable, given a prior projection had moved the date farther out, only to be followed by news that the rule had been sent for approvals to the Office of the Secretary of Transportation and that the original projected schedule was locked back in place. On July 30, the rule was sent to the White House Office of Management and Budget for a final review. Cuthbertson emphasizes elements of the proposal intended to address the potential for harassment that the Federal Motor Car- rier Safety Administration failed to take into account in its prior attempt to insti- tute an ELD mandate. The Owner-Operator Indepen- dent Drivers Association's legal challenges resulted in that rule being vacated. ELD systems must "allow drivers to do full edits of their logs and create annotations – they can extend drive time but not reduce drive time," Cuthbertson says. If a car- rier makes the edit, it must remain "in a pending state until the driver approves it. Drivers must be able to get direct access to their log information." They must be able to review it and "reject it if false." When a truck is driven for personal use outside the hours rules, mean- while, the device must be capable of extending the GPS accuracy to 10 miles or greater, in consideration of driver privacy. Regarding a potential legal challenge to the mandate, OOIDA is waiting to see what's in the final rule, says spokesperson Norita Taylor. To see the August issue story on ELDs, including its chart comparing prices and features of 13 leading ELDs, search for "early adopters" at Overdrive Online.com. We see safety differently. It's our fi rst priority. In fact, we see tire service differently. And you will, too. We have over 200 locations and 1500 service trucks in the U.S. and Canada to give you the peace of mind that you're rolling on expertly serviced tires. In our shop or on the road, we're bringing something new to tire service: SERVICE. 1-844-68-TIRES gcrtires.com/service GENUINE • COMPLETE • RELIABLE GCR150003_Overdrive_3rdPG4C-Safety-C 1 7/27/15 12:38 PM