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Date

Knowing when to say goodbye to an unprofitable shipper 11/20/2019 Schneider donates trucks; Congress considers women-driver-friendly bill 11/18/2019 Friday Short Haul - CTA files lawsuit against California, Highway Hero nominations sought, video of "Move Over" crash 11/15/2019 Tesla announces new electric Semi model 11/13/2019 Not everyone happy with potential FMCSA clearinghouse delay 11/11/2019 Friday Short Haul - AI taking driving jobs, CRV scam, Truckers protest AB-5, ELDs quit working 11/8/2019 Investigators cracking down on truck accident fraudulent lawsuits 11/6/2019 So you want to start your own trucking company? 11/4/2019 Friday Short Haul - FMCSA emergency exemptions, snow plows, FedEx employee bribery charges 11/1/2019 Human smuggling via big rigs on the increase 10/30/2019 Carriers, drivers look at ways to deal with California's AB-5 10/28/2019 Friday Short Haul - Millennials and trucking, Truckers Christmas Group, Navistar settlement 10/25/2019 Too many drivers still don't know to "Move Over" 10/23/2019 Are trucker strikes a thing of the past? 10/21/2019 Friday Short Haul - Passenger car drivers, spotted lanternfly, women drivers 10/18/2019 OOIDA makes final push for better HOS rules 10/16/2019 Car-truck crash fatalities continue to increase 10/14/2019 Friday Short Haul - Amazon's fleet of day cabs, legislator's disclosure, WTA petition 10/11/2019 ATA chief takes on truck-accident lawyers 10/9/2019 Lonely on the road? Get a furry friend 10/7/2019 Friday Short Haul - Lab-grown meat, fraudulent freight brokering, FMCSA HOS committee, FMCSA Clearinghouse 10/4/2019 UPS takes giant leap in its drone delivery program 10/2/2019 Female drivers are safer bet for trucking companies 9/30/2019 Friday Short Haul - Embark gets financing, FMCSA announces safety grants, Covenant exits Mexico routes, and trucking statistics 9/27/2019 Emissions standards battle heats up between the EPA and California 9/25/2019 Smog checks in the future for California truck drivers 9/23/2019 Friday Short Haul - Volvo Dynamic Steering, Meals for 18 Wheels, speeding crackdown, OOIDA opposes legislation 9/20/2019 Telematics could be insurance-premium-saving boon for fleets 9/18/2019 54 percent of survey respondents still not impressed with telematics technology 9/16/2019 Friday Short Haul - Walmart video, it's churn, not shortage, California's independent contractor bill, hemp drivers plea 9/13/2019 TCA honors three Highway Angels 9/11/2019 Now they're talking about "smart" trailers 9/9/2019 Friday Short Haul - Detention-time comments, truck orders decline, diesel fuel shortage 9/6/2019 Berkeley study says reducing independent truckers can alleviate climate change 9/4/2019 Clearing up concerns about the drug and alcohol clearinghouse 9/2/2019 Friday Short Haul - Hurricane Dorian, Speed limiter bill, Thank a Driver campaign 8/30/2019 Georgia jury awards $280 million for truck-driver-caused multi-fatality 8/28/2019 Friday Short Haul - New eCascadias, Top cities for truck driver jobs, Push against driverless trucks 8/23/2019 Decision on California drivers' employee/contractor status coming down to the wire 8/21/2019 UPS jumps on autonomous bandwagon with TuSimple investment 8/19/2019 FMCSA publishes proposed HOS rule changes 8/16/2019 Fleets, drivers coming to like automated manual transmissions 8/14/2019 CVSA asks for new truck crash study 8/12/2019 Friday Short Haul - HOS revisions delayed, AEB mandate proposed, Koch sued for sex discrimination 8/9/2019 Kodiak Robotics takes lead in autonomous truck industry race 8/7/2019 New York City combats rash of cyclist/truck clashes 8/5/2019 Friday Short Haul - CRST wins lawsuit, OOIDA opposes insurance hike, UPSNav 8/2/2019 Mechanics shortage equals driver shortage in intensity 7/31/2019 DOT announces almost 1$ billion in grants to fix infrastructure 7/29/2019 Friday Short Haul - DOL on sleeper pay, UPS drone delivery, Geowiz ELDs 7/26/2019 FMCSA takes a look at assault, harassment of female and minority drivers 7/24/2019 It's hot out there, what's a trucker to do? Can't idle. 7/22/2019 Friday Short Haul - Utah truck rollovers, aging truckers, lifetime CDL bans 7/19/2019 Truck-mounted LED billboards coming under fire 7/17/2019 Trucker 'drones on' with unique approach to teaching driving skills 7/15/2019 Friday Short Haul - Rhode Island tolls, human smuggling, contractor vs employee status 7/12/2019 ELD mandate deadline looming, many still not compliant 7/10/2019 New "boot" device being deployed to threaten Walmart overnighters 7/8/2019 Friday Short Haul - Prime Inc vs Amazon, mother fights HOS changes, truck drivers appreciation week 7/5/2019 Proper way to fly the American flag on your truck this Fourth of July 7/3/2019 Roundabouts are becoming popular; but are they best for trucks? 7/1/2019 Friday Short Haul - Skills test proposal, driver shortage, hemp sentencing, driverless trucks 6/28/2019 Experts warn of active wildland fire season 6/26/2019 More states signing on to enlist truckers against human trafficking 6/24/2019 Friday Short Haul - Shippers of Choice, insurance rates, wheel spikes, WIT award 6/21/2019 Freight numbers not holding up to 2018's highs 6/19/2019 Truck safety group urges purges of drug abuse drivers 6/17/2019 Friday Short Haul - Self-driving certificate, truck platooning, trade war stacking up cargo 6/14/2019 HOS waiver coming soon for fireworks haulers 6/12/2019 FMCSA takes a further look at detention time 6/10/2019 Friday Short Haul - Autonomous delivery, HOS rules changes, CDL retest 6/7/2019 Roadcheck 2019 in effect this week 6/5/2019 Hemp arrest prompts USDA memo 6/3/2019 Friday Short Haul - Waymo big rigs, Move over sting, Under-21 comments 5/31/2019 Severe weather prompts renewed emergency declaration 5/29/2019 Memorial Day holiday is prime time for cargo thefts 5/25/2019 Friday Short Haul - Hauling hemp, road rage fatality, new rules for autonomous vehicles 5/24/2019 Autonomous trucks on USPS test run 5/22/2019 Future era of cab-less trucks will be the end of HOS rules 5/20/2019 Friday Short Haul - FMCSA under-21 comments, Tesla autonomous car crash, 24,000 drivers sign contract with YRC 5/17/2019 Under-21 interstate drivers getting serious look by FMCSA 5/15/2019 Trucker Buddy program matches drivers with a classroom; everyone wins 5/13/2019 Friday Short Haul - Driver awarded $80 million, ODFL driver wins, loading dock black hole 5/10/2019 Storm breaks out from Rockies, slams into Midwest, South 5/8/2019 Capacity issues have shippers looking at private fleets 5/6/2019 Friday Short Haul - HOS rules, dark skies, Falcon drivers 5/3/2019 'Bug' permits now required for four eastern states 5/1/2019 Simulator use is catching on for schools, carriers 4/29/2019 Friday Short Haul - Thinking electric, Penske opens charging station, border crossing crisis, railroads taking trucking business 4/26/2019 ELDs might not be the panacea that was hoped for 4/24/2019 Truck drivers may soon see "phantoms" driving yard trucks 4/22/2019 Friday Short Haul - Nikola big rigs, WIT welcomes Peterbilt, Oregon crashes, Border crossings 4/19/2019 Carriers claim financial benefit of putting up drivers in hotels 4/17/2019 Uber's IPO application reveals interesting data about its freight brokerage business 4/15/2019 Friday Short Haul - CDL examiner arrested, tolls proposed for trucks, marijuana use on the rise 4/12/2019 Smart Load Board will get carriers the loads they need 4/10/2019 Huge lines and long wait times greet carriers at Mexico border 4/8/2019 Friday Short Haul - Marijuana, ATA campaign, personal conveyance rules 4/5/2019 Over-the-air downloads revolutionize parameter updates 4/3/2019 Don't get scammed by skimmers 4/1/2019 Friday Short Haul -- New Cascadias honored, motorist survey, U.S, Xpress awarded, rest stop parking 3/29/2019 Legislators address underride collisions, propose more underguards for trucks, trailers 3/27/2019 Motorists soon may encounter a different kind of truck convoy 3/25/2019 Friday Short Haul -- Women in Trucking, irate motorist, FMCSA eases HOS, Safe-Cap 3/22/2019 Recent survey shows cost of roadside repairs is rising 3/20/2019 FMCSA announces drug and alcohol clearinghouse website 3/18/2019 Friday Short Haul - Swift settlement, driver shortage myth, TCA Best Fleet award 3/15/2019 The hidden danger of looking but not seeing 3/13/2019 Accident scammers target trucks for financial payout 3/11/2019 3/9/2019 3/9/2019 Friday Short Haul - Snow on the roof, bypassing toll road, Waze under fire 3/8/2019 Retailers blame driver shortage for price increases 3/6/2019 Drivers' smartphones may be clue to road roughness 3/4/2019 Friday Short Haul -- Freight rates, HOS changes, tonnage reports 3/1/2019 New tax changes hit drivers hard 2/27/2019 FMCSA to implement under-21 interstate driver program for former military 2/25/2019 Friday Short Haul -- Connecticut tolls proposed, hydrogen fuel-cell trucks, cell phone use 2/22/2019 Congress committee looks at state of America's highways 2/20/2019 Number of cargo thefts is down; but dollar value about the same 2/18/2019 Friday Short Haul -- Crossing the border, CA sues FMCSA, Lobbying against larger trucks 2/15/2019 Detention - A problem still in search of a solution 2/13/2019 February Highway Angels honorees named 2/11/2019 Friday Short Haul -- C.R. England announces pay raises, eCommerce impact on trucking, TCA announces best fleets 2/8/2019 Is a guaranteed minimum pay the solution to the driver shortage? 2/6/2019 Long CDL testing wait times cost economy billions of dollars; not helping driver shortage 2/4/2019 Friday Short Haul -- Walmart hiring, Uber Freight App, Speed-limiter Law, America's Road Team 2/1/2019 Cranking -- The Good, The Bad, and the Ugly 1/30/2019 California survives challenge to its low-carbon fuel standards 1/28/2019 Friday Short Haul - Highway robbery ... autonomous trucks ... new trailers 1/25/2019 LithiumHub enters jump-starter market with Jumpbooster JP30 1/23/2019 2019 Looks Good For The Transportation Industry 1/21/2019 Raymond Burt named TMC Trainer of the Month for February 2018 3/28/2018 TMC Transportation Announces Recipient of Prestigious Wheel Master Award 3/7/2018 TMC Transportation Named The Home Depot’s Flatbed Carrier of the Year For Fourth Straight Year 2/28/2018 Pay Raises & New Peterbilts for PAM Drivers 2/26/2018 New DOT Drug Testing Rules Effective Jan 1, 2018 1/11/2018 Amtrak Derailment: Trucks Haul 270,000 Pound Locomotive Engine During Cleanup 12/21/2017 Pepsi Places Largest Order Yet For Tesla Electric Trucks 12/12/2017 Kavin Hallett named Trainer of the Month for October 2017 12/8/2017 Over 100,000 Truck Drivers Likely Have Undiagnosed Sleep Apnea And More Testing Is On The Way 8/10/2017 Drivers Share Their Best Tips, Tricks, And Secrets For Life On The Road 7/18/2017 Drivers Are Losing Money By Taking The Wrong Approach 7/13/2017 Truckers and Guns: What Is and Is Not Legal 7/6/2017 Preparing To Go Solo For The First Time? Experienced Drivers Share Their Best Advice 6/29/2017 The Truck Stop Survival Guide: Advice From Experienced Drivers 6/15/2017 The Worst Cities For Traffic In The U.S. For 2017 6/8/2017 We Ask Drivers How They Would Make The Logbook Rules Better 5/30/2017 Self Driving Trucks Are Not Coming Anytime Soon 5/25/2017 11/30/-0001

Friday Short Haul - DOL on sleeper pay, UPS drone delivery, Geowiz ELDs

Dave Wickenhauser on Fri, July 26, 2019

Last Updated: Thu, July 25, 2019

DOL's opinion letter offers no hope for drivers' sleeper berth pay

On July 22 the U.S. Department of Labor released an opinion in favor of commercial trucking companies in regard to the complaint from drivers that they should be paid at least minimum wage for hours spent off duty in their sleeper berths.

While not carrying the weight of law, the DOL opinion could be considered by the FMCSA in its newest look at revising the hours of service rules. The agency has scheduled its delayed report on HOS rule changes for release next week.

The opinion was written to answer a specific query by a small, 10-truck-fleet motor carrier that hauls interstate, and where its drivers regularly take multi-day trips requiring sleeper time.

In its letter to the DOL the carrier provided information about a driver's theoretical week where he had spent 55.84 hours driving, inspecting, cleaning, fueling and completing paperwork, and then spent 49.96 hours in the sleeper berth. The carrier related that during the driver's sleeper berth time he did not do any work, and was not on call to perform work.

The question from the carrier was whether it had satisfied its federal minimum wage obligation under the Federal Labor Standards Act by paying the driver at least minimum wage for the almost 56 hours he had worked, but not for the almost 50 hours he was off duty in the sleeper berth.

In its opinion letter the DOL noted the following activities that a driver might encounter that he should be paid for: Waiting, sleeping under certain conditions, and traveling.

Waiting requiring compensation, according to Wage and Hour Division regulations, is time spent waiting at a site to be loaded or unloaded. The trucker is "engaged to wait," in WHD parlance, and on duty if his time "belongs to and is controlled by the employer."

On the other hand, if the driver is off duty and waiting, usually over a longer period of time, for a new load, for example, then he is "waiting to be engaged," and should not be paid for his time. The DOL opinion asserts that such time is available to the driver to be "used for his own purposes."

Sleeping time that might earn the driver some pay includes if he is required to be on duty by the employer, and not working, but on call to perform a duty at any time, or if he or she is doing paperwork or reading work-related materials. In other words, the DOL says "the driver's time is not his or her own."

An exception that would not earn the driver pay is if the driver has been on duty for longer than 24 hours and he and the company agree he should set aside five to eight hours of non-pay sleeper berth time.

Traveling time deserving of compensation applies to a trainer/trainee situation or team drivers where the non-driving "driver" is required to be attentive as a trainer, assistant or helper, and is thus "working while riding," the DOL opinion said.

The exception is that when those trainers, assistants, team drivers, etc, are off duty in the sleeper berth they are "completely relieved of their duties," and are not deserving of compensation.

In its opinion letter the DOL says its position is consistent with several court decisions, and with prevailing practice in the trucking industry.

The DOL's opinion to the carrier concluded:

"The driver’s time spent in the berth was time when the driver was relieved of all duties and was permitted to sleep in adequate facilities furnished by the employer, and presumptively non-working, off-duty time.

"You have represented that, when the driver was in the berth, he did not perform any work and was not on call to perform work. Accordingly, the driver’s time in the berth was not compensable."

ATA praises the DOL opinion

A news release from the American Trucking Associations, which represents thousands of truckers across the nation, praised the DOL decision:

Today, American Trucking Associations President and CEO Chris Spear thanked the Department of Labor for issuing an opinion clarifying that time spent in the sleeper berth does not count as compensable time.

“ATA welcomes today’s opinion letter from DOL Wage and Hour Division Administrator Cheryl Stanton that concluded time spent by a commercial driver in the sleeper berth does not count as compensable hours under the federal Fair Labor Standards Act, unless the driver is actually performing work or on call.

“This opinion, which is consistent with decades-old DOL regulations, the weight of judicial authority, and the long understanding of the trucking industry, clears up confusion created by two recent court decisions that called the compensability of sleeper berth time into question.

“ATA commends Acting Secretary Pizzella and Administrator Stanton for adopting a straightforward, plain-language reading of the law, rather than the burdensome alternative interpretation embraced by those outlier decisions.

“ATA also commends the Department for making guidance like this available through opinion letters, which provide an opportunity for stakeholders to better understand their compliance obligations prospectively, rather than settling such matters only after the fact, through costly and wasteful litigation.”

UPS forms drone delivery company, applies for Federal certification

Building on its limited debut using drones to deliver blood and organs to hospitals in Raleigh, North Carolina, UPS has ratcheted up its program by creating a subsidiary called UPS Flight Forward, Inc., and has applied for Part 135 certification with the U.S. Federal Aviation Administration, which would allow it to extend its drone delivery service nationwide.

The company hopes to receive certification this year, hoping to be one of the first fully certified, revenue-generating drone operations in the United States.

The certification would allow UPS to operate the drones beyond an operator's visual line of sight, and for flying day or night. Currently, these kinds of flight are highly restricted, with few exceptions granted.

“UPS is committed to using technology to transform the way we do business,” said Scott Price, UPS chief transformation and strategy officer in a UPS news release. “UPS’s formation of a drone delivery company and application to begin regular operations under this level of certification is historic for UPS and for the drone and logistics industries.”

UPS has been participating in a limited program under the FAA allowing 10 state and local governments to work with drone innovators to test drone delivery technology. Companies such as Uber, FedEx, Intel, Qualcomm, Airmap and Flirtey have signed up for the program. Amazon is notably not a participant.

GeoSpace Labs offers no-charge ELD logging

As the hard deadline for compliance with FMCSA's electronic logging device mandate approaches, one company, GeoSpace Labs, says its ELD offering should help take away the sting for drivers and companies that have not switched over yet.

Its device, called the Geowiz, is one of only a handful of ELDs that come with no monthly logging fee, but GeoSpace Labs boasts it has the same features as the other systems -- and more. It is fully FMCSA compliant, and satisfies all legal requirements. Monthly fees with the "pay to play" units run from $20 to $70.

"As an owner/operator focused on managing both compliance and the bottom line, a professional ELD tool with no monthly fee is a game changer and can save thousands of dollars over just a few years, and has a positive return on investment (ROI) in just a few months," the company announced in a press release.

The company says it has 30,000 users of the product, which was first introduced in 2014.

Version 4.5 of the application will be released on August 1 of this year. It is available for $249 at the company's website: https://geowiz.myshopify.com/

Among its many features, the GeoSpace says the Geowiz will have the ability to:

  • Use the allowed 15 minutes or less of unassigned driving to move a truck without tripping 1 minute of driving and messing up shift and cycle reset calculations
  • Use the Arizona Time zone
  • Pair ELD units, trucks, and drivers for automated truck assignments and automated correction if wrong truck is selected
  • Have 6 months of data stored on device including ELD, DVIR, FUEL, and IFTA data, and backup to cloud, meaning once logged in the ELD can run without a data subscription which saves money
  • Complete official Canadian location database, and ability to reconcile US and Canadian rule sets, switch at the border automatically, and only process rules based upon correct geography
  • Show IFTA miles calculated and fuel receipts tracked with no additional fees
  • Show truck maintenance scheduled by date, miles, and with unlimited maintenance items tracked over time
  • Use Audit Guard – an internal audit tool to analyze logs against possible CSA points, in real time and for all stored logs, so any items can be corrected quickly before an audit
  • Edit any past day logs for the past 6 months
  • Sources: U.S. Department of Labor pdf, ATA, UPS, PRNewsWire

    Tagged Under:

    Electronic Logbooks FMCSA Hours Of Service Owner Operator Team Driving Truck Equipment Truckers Technology

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