ELDs Might Not Be The Panacea That Was Hoped For

Now, into its second year of full mandatory use, there are concerns in the industry that not only have ELDs not reduced accidents, but that the devices are causing some to question whether the wall of separation between independent contractor and employee status is disappearing.

ELDs might not be the panacea that was hoped for

I would think the "wage and hour debate" would be popping up mostly when "employees" are paid hourly. You are going to see litigation on this point, mainly in Cali, where the courts have leaned towards classifying "contractors" as employees, based not only on ELD telematics.

By contract, "independent contractors" (lease ops & O/O's) are required to have the same telematics as "company drivers". Companies typically don't "micro-manage" contractors, because they aren't covering their EXPENSES.

I have friends that ran 3 paper logs, back before ELD's. Most of the big companies went E-Logs way before the mandate, because it made compliance easier (both in on the road violations AND FMCSA Compliance Audits). They are typically "ahead of the curve", when it comes to 'proposed rules" that look like they will become RULES, because it's easier to spread out the expense over a period of time, then to try and beat a "compliance deadline".

The financial burden of ELD's hit the smaller carriers and independents harder (expense-wise), but I still question the statistics of ELD compliance NOT BEING SAFER than cheating paper logs and driving as long as you want to. Being that you aren't earning sitting still, the incentive is still there to cheat and earn.

From the "business owner" standpoint, I'm sure these companies would rather know where their trucks are and what they're doing (as well as HOS compliance), and the fact of the matter is - THIS IS THEIR EQUIPMENT (their loads, their customers) so they have every right to do so.

I'm not saying that the ELD rule is (or isn't) a "panacea", but it certainly does solve a number of logistical issues for the company.

Rick

I have to admit that I was reluctant to believe that it would do much for safety, even if that's one of the reasons cited for implementing ELDs. Definitely tightened things up as far as compliance, but it seems like I read something recently about a lot of exemptions being given out too.