Owner Operator

January 2016

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36 // OWNER OPERATOR // JANUARY 2016 News & Notes Return safety to drivers' control: Fix the 14-hour rule By Gary Carlisle When the 14-hour rule was imposed on the trucking business it totally destroyed the pos- sibility that safety could be achieved through the hours of service. –Owner-operator Gary Carlisle The following letter came in from Gary Car- lisle, owner-operator of Midland, Texas, in part in response to a recent story about consultant and former trucker Jeff Davis' contention that paydirt lies on the other side an electronic-log mandate's implementation. Carlisle has "been in business since 1980" as an owner-operator, and he's also worked as a traffic manager in the Texas oilfield. He spent most of his young life with "Carlisle Trucks out Tulia and Hereford, Texas, hauling feed and livestock. Between 1983 and 1987 I was leased to several different carriers." His letter begins with thoughts on the need for flexibility in the 14-hour rule, which he views as having "destroyed the possibility that safety could be achieved through the hours of service." "I have voiced my opinions to [Texas Con- gressman] Mike Conaway, [Senator] Ted Cruz and other legislators, but never have been given any encouragement that they understood nor were prepared to take any action to help on the issues named below." Carlisle's letter follows I have been following the e-log discussion for the last 10 years. I never see where anyone with any truck sense interjects the issue of the 14-hour rule, which when combined with the e- log issue can might possibly throw this country into another recession. It is possible that no one but a truck driver really understands the 14-hour rule and the insane change it brought to the in- dustry. Let me share with you the view from an old man that has spent a lifetime in the trucking business. When the 14-hour rule was imposed on the trucking business it totally destroyed the possi- bility that safety could be achieved through the hours of service. Can you imagine how anyone could come up with such a plan: if you penalize an experienced truck driver for taking a nap, it will make him safer? I challenge you or any esteemed member of our government or its regulators to show me where allowing a driver to take a nap endan- gers him or others. Be a realist. Explain that the day that the 14-hour rule went into effect, it made a liar out of all those that were trying their damnedest to comply with the previous hours of service. For those that want very little help from others, at least allow a driver to determine his own point of fatigue and need for rest. Rates may go up when the e-log is forced on us and forces enough owner-operators and small fleets into bankruptcy. Rates came up after the 2009 depression, but only because a significant number of carriers, large and small, went bank- rupt. We all know how valuable bankruptcy is for the economy. Perhaps it is the fact that Mr. Davis and others like him are drinking their own Kool-aid. De- tention, wait time for loading and unloading, is a fact of life. You may be able to bill for it or not, but in the long run the shippers and receivers will dictate the terms that will keep them from paying the bill, or at least reduce their share. Ask any owner-operator. When faced with detention, the next time you are there they have appointments, receiving hours and delivery requirements installed that cut their exposure. Then comes demands that the carrier be on time, regardless of circumstances, and the car- rier pays as much as they do. Get out there and

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