Yellow | Legal Challenges To Hos Revisions Likely, Regulations Expert Predicts

Freightmaster1

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https://www.freightwaves.com/news/l...-revisions-likely-regulations-expert-predicts

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:bgroovy:
 
The main issue is not the HOS and the current regulations. A real problem that needs addressing is the shippers and receivers and how they impede upon the rules and regulations on the books.

Up and until the government, Teamsters, OIDA, and carriers can really address the detention issues there will always be those that are fighting against a ticking clock.

For large carriers and LTL carriers this is not so much of an issue as they can set up drop and hooks, or pull drivers out of a long wait. But for smaller carriers and Owner Operators the long detentions at shippers and receivers force many a driver to run harder and in many cases more dangerous.

I personally have sat in excess of 8 hrs at a stop multiple times. I have spoken with many drivers that have been detained even longer. When you factor in appointment times coming and going that clock always works against you in so many cases.

Now mind you I am in full agreement with the 11/14 rule. But there also needs to be more flexibility when it comes to many circumstances and how we have to show what line we are on. For instance while you are sitting at these long detentions legally you have to show yourself — On Duty not driving which is working against your clock even if you are “for OTR and those who run local regional with a sleeper” in back resting.

Flexibility in some cases needs to be addressed, but really the delays at the factories and freight houses is a real issue that never seems to make the radar in the bigger picture of things. Carriers will in many cases be fined for being late for an appointment, and sure there is detention pay in many cases. The detention pay and “hours” until it kicks in really doesn’t compensate for lost hrs and the fact that once released now you have to push that much harder.

If you have ever done refrigerated you know what I am talking about. Dry is not much better, and freight forwarders especially air freight can be some of the worst.

What could possibly be a solution? That is the million dollar question, but up and until detention is addressed you will always have carriers and drivers pushing that much harder and fighting against the clock.

Again LTL and larger carriers have more flexibility and in many cases especially local P&D these shippers and receivers know that they have to get you in and out or else loose the service for the shipment. Even with that in mind they still play against your clock and overall ability of production and safety for the day.

If you listen to Road Dog Radio on XM at all you will hear this issue often. Sure there are so many other factors involving saftey as well in the big over all picture such as the “puppy mills” turning out and letting loose 15 day wonder truckers with little experience and lots of demands and pressures. Over all the HOS and ELD’s are not a bad thing, flexibility for local drivers and hours of service and really addressing detention is a much larger issue that needs addressing.
 
The main issue is not the HOS and the current regulations. A real problem that needs addressing is the shippers and receivers and how they impede upon the rules and regulations on the books.

Up and until the government, Teamsters, OIDA, and carriers can really address the detention issues there will always be those that are fighting against a ticking clock.

For large carriers and LTL carriers this is not so much of an issue as they can set up drop and hooks, or pull drivers out of a long wait. But for smaller carriers and Owner Operators the long detentions at shippers and receivers force many a driver to run harder and in many cases more dangerous.

I personally have sat in excess of 8 hrs at a stop multiple times. I have spoken with many drivers that have been detained even longer. When you factor in appointment times coming and going that clock always works against you in so many cases.

Now mind you I am in full agreement with the 11/14 rule. But there also needs to be more flexibility when it comes to many circumstances and how we have to show what line we are on. For instance while you are sitting at these long detentions legally you have to show yourself — On Duty not driving which is working against your clock even if you are “for OTR and those who run local regional with a sleeper” in back resting.

Flexibility in some cases needs to be addressed, but really the delays at the factories and freight houses is a real issue that never seems to make the radar in the bigger picture of things. Carriers will in many cases be fined for being late for an appointment, and sure there is detention pay in many cases. The detention pay and “hours” until it kicks in really doesn’t compensate for lost hrs and the fact that once released now you have to push that much harder.

If you have ever done refrigerated you know what I am talking about. Dry is not much better, and freight forwarders especially air freight can be some of the worst.

What could possibly be a solution? That is the million dollar question, but up and until detention is addressed you will always have carriers and drivers pushing that much harder and fighting against the clock.

Again LTL and larger carriers have more flexibility and in many cases especially local P&D these shippers and receivers know that they have to get you in and out or else loose the service for the shipment. Even with that in mind they still play against your clock and overall ability of production and safety for the day.

If you listen to Road Dog Radio on XM at all you will hear this issue often. Sure there are so many other factors involving saftey as well in the big over all picture such as the “puppy mills” turning out and letting loose 15 day wonder truckers with little experience and lots of demands and pressures. Over all the HOS and ELD’s are not a bad thing, flexibility for local drivers and hours of service and really addressing detention is a much larger issue that needs addressing.
Most of the detention problem has always been burdened on the carriers. The shippers, and receivers know this and unless there are strict rules issued by the Feds, it will continue. Best example is sort and segregate. But in many cases the carriers are their own worst enemy, making agreements just to keep, or acquire new business. Look at how many carriers state in their want adds, “detention paid after 2-3 hours”. Like Toby said, on duty not driving, should be on duty not driving, driver on the clock. Doubt you will ever see it though....
 
Most of the detention problem has always been burdened on the carriers. The shippers, and receivers know this and unless there are strict rules issued by the Feds, it will continue. Best example is sort and segregate. But in many cases the carriers are their own worst enemy, making agreements just to keep, or acquire new business. Look at how many carriers state in their want adds, “detention paid after 2-3 hours”. Like Toby said, on duty not driving, should be on duty not driving, driver on the clock. Doubt you will ever see it though....
I agree, that’s why I posed the million dollar question for a solution.

Fines and I mean hefty fines should be levied or at least considered upon the shippers and receivers for detaining drivers after a certain time frame. Up and until something like that is framed the shippers and receivers will continue with the,”well that’s your problem” attitude, and we will continue to be held “hostage” to their whims.

This is a huge problem that always when talking saftey in this industry seems to fly under the radar.

Even with most places going with lumper services the sort and seg problems and detention still remain. It is a crying shame that the brokers are making a killing for little to no overhead, and do not face the same pressures that we and the carriers do. It’s almost a three headed monster between tight appointment times, pressure on drivers to make those times, and the all out game the shippers and receivers play... lots of talk about fatigue, but nothing ever said about the sometime narrow and impossible windows imposed to turn loads.

Like I mentioned the bigger companies can compensate to some extent and these places know that LTL will pull out in many cases if delayed to long, but the real pressure is on the smaller, midsize, and owner operators.
 
Also I made reference to what I like to call the “puppy mills” until more actual behind the wheel requirements are instituted before letting drivers out on their own, we will see a continuation of incidents.. I include the driving schools not just the big companies.
 
The main issue is not the HOS and the current regulations. A real problem that needs addressing is the shippers and receivers and how they impede upon the rules and regulations on the books.

Up and until the government, Teamsters, OIDA, and carriers can really address the detention issues there will always be those that are fighting against a ticking clock.

For large carriers and LTL carriers this is not so much of an issue as they can set up drop and hooks, or pull drivers out of a long wait. But for smaller carriers and Owner Operators the long detentions at shippers and receivers force many a driver to run harder and in many cases more dangerous.

I personally have sat in excess of 8 hrs at a stop multiple times. I have spoken with many drivers that have been detained even longer. When you factor in appointment times coming and going that clock always works against you in so many cases.

Now mind you I am in full agreement with the 11/14 rule. But there also needs to be more flexibility when it comes to many circumstances and how we have to show what line we are on. For instance while you are sitting at these long detentions legally you have to show yourself — On Duty not driving which is working against your clock even if you are “for OTR and those who run local regional with a sleeper” in back resting.

Flexibility in some cases needs to be addressed, but really the delays at the factories and freight houses is a real issue that never seems to make the radar in the bigger picture of things. Carriers will in many cases be fined for being late for an appointment, and sure there is detention pay in many cases. The detention pay and “hours” until it kicks in really doesn’t compensate for lost hrs and the fact that once released now you have to push that much harder.

If you have ever done refrigerated you know what I am talking about. Dry is not much better, and freight forwarders especially air freight can be some of the worst.

What could possibly be a solution? That is the million dollar question, but up and until detention is addressed you will always have carriers and drivers pushing that much harder and fighting against the clock.

Again LTL and larger carriers have more flexibility and in many cases especially local P&D these shippers and receivers know that they have to get you in and out or else loose the service for the shipment. Even with that in mind they still play against your clock and overall ability of production and safety for the day.

If you listen to Road Dog Radio on XM at all you will hear this issue often. Sure there are so many other factors involving saftey as well in the big over all picture such as the “puppy mills” turning out and letting loose 15 day wonder truckers with little experience and lots of demands and pressures. Over all the HOS and ELD’s are not a bad thing, flexibility for local drivers and hours of service and really addressing detention is a much larger issue that needs addressing.
Regulate shippers and receivers! The big elephant in the room is no political party wants to touch amending the Fair Labor Standard Act making Truck Drivers paid hourly plus overtime and all time worked.
 
Regulate shippers and receivers! The big elephant in the room is no political party wants to touch amending the Fair Labor Standard Act making Truck Drivers paid hourly plus overtime and all time worked.
Regulating the shippers and receivers would be a step in the right direction.

It should not just be one facet of this industry that is held accountable for all aspects that make up the entire industry as a whole.

The general public and government only see one part of it, us the drivers, so when saftey is mentioned consideration of the entire scope of what actually is involved is never really looked at.

I mentioned the fact that we have way to many drivers on the road with little to no training, this aspect also needs addressing. Sure we all start somewhere, but more training and actual real life training, not just classroom or parking lot as most driving schools offer, but real on the road behind the wheel training needs to be implemented.

Much blame for safety continues to fall back upon the driver, but when it comes to just what may be behind that driver pushing it just a little to hard is never considered.

The overall picture, and some of the elephants in the room do need to be addressed.

As for all drivers being hourly, how would that work for the independent owner operators? I can see that for all company drivers, but for Owner Operators that is a little more difficult when they pay for their own overhead.
 
Regulating the shippers and receivers would be a step in the right direction.

It should not just be one facet of this industry that is held accountable for all aspects that make up the entire industry as a whole.

The general public and government only see one part of it, us the drivers, so when saftey is mentioned consideration of the entire scope of what actually is involved is never really looked at.

I mentioned the fact that we have way to many drivers on the road with little to no training, this aspect also needs addressing. Sure we all start somewhere, but more training and actual real life training, not just classroom or parking lot as most driving schools offer, but real on the road behind the wheel training needs to be implemented.

Much blame for safety continues to fall back upon the driver, but when it comes to just what may be behind that driver pushing it just a little to hard is never considered.

The overall picture, and some of the elephants in the room do need to be addressed.

As for all drivers being hourly, how would that work for the independent owner operators? I can see that for all company drivers, but for Owner Operators that is a little more difficult when they pay for their own overhead.
Maybe a little regulation minimum rate for hauling freight based on Fuel prices, Equipment costs, inflation, and area of the country?
 
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