Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/85423
logbook Agency focuses on driver harassment The Federal Motor Carrier Safety Administration Feb. 10 announced its intent to move forward with its rulemaking about electronic onboard recorders and hours-of-service supporting documents by preparing a supplemental notice of proposed rulemaking. FMCSA also announced via the Federal Register steps to augment efforts to obtain comprehensive data to support this SNPRM, including: * Listening sessions on the issue of driver harassment; * Conducting research by surveying drivers, carriers and vendors regarding harassment issues; * Tasking the Motor Carrier Safety Advisory Committee to assist in developing material to support the rulemaking, including technical specifications for EOBRs and their potential to be used to harass drivers. Feb. 8, during a four-day meeting, MCSAC finalized a report on mitigating the use of EOBRs to harass drivers that provides suggestions to FMCSA. The document contained information MCSAC suggested the agency should explore in any rulemaking on EOBRs for hours compliance. Following the U.S. 7th Circuit Court of Appeals' decision last August that vacated the 2010 limited mandate SHORT HAULS TRUCK TONNAGE as measured by American Trucking Associations' For-Hire Truck Tonnage Index increased 5.9 percent in 2011 over the 14 OVERDRIVE MARCH 2012 An FMCSA safety panel made recommendations that would focus on protecting drivers from harassment when using an electronic onboard recorder. for EOBRs for certain noncompliant carriers, the harassment issue may be the key consideration for the agency. The agency has expressed intent to devise a rule that mandates some version of electronic logging devices for virtually all trucks in interstate commerce. Harassment issues relating to electronic logs cover driver relationships with law enforcement personnel and with carriers, tilting heavily toward carriers and favoring drivers' positions in certain instances. MCSAC's report noted, for instance, that "drivers should be able to save records of carrier contact with drivers." The committee spelled out the need for any EOBR regulation to avoid giving carriers what could be considered a harassment-enabling tool. "You cannot regulate bad management practices," the report says. "You cannot prevent a carrier from pressuring a driver to do his/her job in a potentially unsafe way, yet that is the situation you want to avoid." The report suggests the agency "consider civil penalty sanctions as deterrents for harassment" and/ or "seek out current regulations that appropriately address" any driver complaint that is made. Also suggested (Continued on Page 78) previous year, which was the biggest annual rise since 1998. The seasonally adjusted index surged 6.8 percent in December from November. The December level was 10.5 percent higher than a year ago. TWO PETERBILT TRUCKS won at the American Truck Dealers Commercial Truck of the Year awards at the ATD Convention and Expo. The Peterbilt 587 SmartWay conventional tractor won in the heavy-duty (Class 8) division and the Peterbilt Model 210 low cab forward won in the medium-duty (Class 3-7) competition. Nine trucks were nominated for the awards. Max Kvidera