ELD In A Leased CMV

Topic 31428 | Page 1

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Catmandu's Comment
member avatar

The company I work for has been operating at least one leased cmv with no eld onboard. The reason given is they say its on order!? They think that a driver can use paper 8 days out of a rolling 30. I believe this is only true if you only drive 8 out of a rolling 30 and not in combination with an eld. So in addition to the 8 days on paper the driver also drives an additional 10 days using a cmv with an eld onboard.

Interpretation of the rules is all at the officers discretion… I know I know…but I have been a driver since it was called chauffeur’s license and don’t care to take chances like I used to do. Please give your interpretations Thank you

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
PackRat's Comment
member avatar

Illegal for the company AND the driver.

8 days on paper is only in effect if an existing ELD is broken. Doesn't work for the "It's on order, Officer. Honest!" defense. Should be an automatic Out Of Service for the truck and driver if caught, fines, etc. How about a lawsuit after a minor fender bender once the attorneys perform less than five minutes research?

What else is being done illegally?

Catmandu's Comment
member avatar

Agreed and Thanks PackRat! There is another exception for example someone who is a casual driver that drives 8 or less days in a rolling 30.

https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-device-eld-exemptions-and-waivers

Illegal for the company AND the driver.

8 days on paper is only in effect if an existing ELD is broken. Doesn't work for the "It's on order, Officer. Honest!" defense. Should be an automatic Out Of Service for the truck and driver if caught, fines, etc. How about a lawsuit after a minor fender bender once the attorneys perform less than five minutes research?

What else is being done illegally?

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
PackRat's Comment
member avatar

I'm speaking of this in reference to OTR driving only.

Any truck (newer than 1999) and driver going into "For Hire" service needs to have an ELD installed prior to leaving it's origin. If the ELD becomes inoperable along the way, then there is the maximum of eight days of paper logs use allowed. The owner cannot use an excuse to circumvent the rules in place. These are the guys that end up on the news as a blemish on the industry, contributing to the billboards along the interstates of "Hurt in a big truck crash? Call the Bozo team today for maximum compensation!"

I would not ride for the brand of a company as you have described.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Catmandu's Comment
member avatar

This is a large Fortune 500 production and transportation company. I will just stick to staying legal and refuse that tractor. At 62 starting over again is not something I feel like doing plus I am not far from retiring and have had my fill of all the bs of driving a truck. I concluded from experience that no matter where I work I will find incompetency and stooges placed in positions they have no business in.

I'm speaking of this in reference to OTR driving only.

Any truck (newer than 1999) and driver going into "For Hire" service needs to have an ELD installed prior to leaving it's origin. If the ELD becomes inoperable along the way, then there is the maximum of eight days of paper logs use allowed. The owner cannot use an excuse to circumvent the rules in place. These are the guys that end up on the news as a blemish on the industry, contributing to the billboards along the interstates of "Hurt in a big truck crash? Call the Bozo team today for maximum compensation!"

I would not ride for the brand of a company as you have described.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

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