Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/947211
March 2018 | Overdrive | 37 As have so many others, Epling wor- ries these ticky-tack compliance issues could put his direct-ship contracts, including an important one with a fiber- optic cable manufacturer, in jeopardy and drive his leased owner-operators from the business entirely. "I'd rather continue to fight these guys and take hits than lose my driver," Epling says. And indeed, owner-operator Whittington says he's thought about finishing out his near three-decade safe driving career by instead working on trucks, given this and other inspections. That includes one at the same set of scales in Georgia that dinged him for brakes being out of adjustment due to a single malfunctioning auto-slack adjuster. Before being issued the ELD viola- tion, Whittington's inspector "wouldn't even open my hood after I told him I had an older engine," he says, its year and serial number clearly readable on the plate. "Whether it's laziness or he just didn't want to do it — or maybe it's just that one guy. He told me, 'You can just DataQ it,' " referring to FMCSA's DataQs system for challenging errone- ously issued violations. Georgia Captain Jeremy Vickery at headquarters says the violation is in error and most of his state's inspectors are coding ELD violations in line with FMCSA's request for soft enforcement with 395.22(a). Epling has put that DataQ challenge in to try to clear the violation. At press time, the challenge was still in process. The DataQ response is also what CVSA's Mooney, Turner in Kansas and others have recommended for 395.8(a) violations of the ELD mandate issued prior to April 1. With such issues in play, some have begun to call for further delay. Travis Baskin, head of regulatory affairs for the KeepTruckin ELD provider, believes an extra two months could be a reason- able answer. "Everybody ought to get until June 1" before stiffer enforcement begins, he says. "FMCSA needs to give every single driver time until some conti- nuity in enforcement can be found." Such a delay was proffered in Baskin's comment to the regula- tory docket for the Owner-Operator Independent Drivers Association's request for an exemption to the man- date for proven safe carriers with less than $27.5 million in gross annual receipts. Baskin does not agree such an exemption should be granted, putting him at odds with many of the more than 4,000 commenters on the exemp- tion — as well as plenty, though far from all, Overdrive readers. Comments on the exemption request closed Feb. 1. At press time, FMCSA had not yet responded to the request. PrePass ELD Your "NO SWEAT " Compliance Solution $14.99 per month, or $12.99 per month with weigh station bypass NO long-term contracts! 877-839-6830 Demo at MATS booth #16149