EOBR Regulation Vacated by Court

ATeam

Senior Member
Retired Expediter
OOIDA scores another one for drivers. This will not be the end of the story but it is an encouraging development, methinks.

Report here
 

OntarioVanMan

Retired Expediter
Owner/Operator
It keeps "Big Brother" in check, if only a little bit.

Reading the article..it really doesn't do a thing....FMSCA could ignore and proceed as planned...

What is harassment..when does it start? and why is it harassment if the driver is making mistakes?
 

ATeam

Senior Member
Retired Expediter
How does it score one for drivers?

OOIDA represents drivers. OOIDA wins in court. Score one for drivers.

Granted, some drivers want EOBRs but this driver does not. So, sitting on the side of the field I sit on, it's one point for my team.

Technology always wins in the end, no matter who opposes it (birth control, stem cell, police radar, DNA manhunts, aggregation of individual health data, etc.), so I have no illusions about the final outcome, but I'm pleased nevertheless with Friday's development.
 
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ATeam

Senior Member
Retired Expediter
Reading the article..it really doesn't do a thing....FMSCA could ignore and proceed as planned...

What is harassment..when does it start? and why is it harassment if the driver is making mistakes?

If FMCSA ignored the court ruling, OOIDA would go back to court to seek a contempt of court ruling. In the end, the courts have more power than FMCSA.
 

OntarioVanMan

Retired Expediter
Owner/Operator
Well a lot of you people are single owner operators...as opposed to the OTR bunch...that i where I am differentiating..

IF I owned say Swift..I would want to see my drivers driving habits....speeding, over/under revving..braking habits...
 

leezaback

Seasoned Expediter
Owner/Operator
George Orwell 1984.
Any win is a good-but big brother is here to stay
at least someone is in our corner.
 

ATeam

Senior Member
Retired Expediter
Well a lot of you people are single owner operators...as opposed to the OTR bunch...that i where I am differentiating..

IF I owned say Swift..I would want to see my drivers driving habits....speeding, over/under revving..braking habits...

I know of no rule that prevents now a large carrier from putting EOBRs in all fleet trucks. If that is a choice they wish to make on their own, they are free to do so. However, the abuse of such devices to harass drivers or violate their civil rights could be grounds for civil action against the abusing company.
 

OntarioVanMan

Retired Expediter
Owner/Operator
I know of no rule that prevents now a large carrier from putting EOBRs in all fleet trucks. If that is a choice they wish to make on their own, they are free to do so. However, the abuse of such devices to harass drivers or violate their civil rights could be grounds for civil action against the abusing company.

If a marginal driver is being monitored more closely..where does the harassment come in?...
 

ATeam

Senior Member
Retired Expediter
If a marginal driver is being monitored more closely..where does the harassment come in?...

If all that was going on was the monitoring of a marginal driver, harassment would not come in. The concern is that the drvices will be used in ways that will harass drivers.
 

xiggi

Veteran Expediter
Owner/Operator
I know of no rule that prevents now a large carrier from putting EOBRs in all fleet trucks. If that is a choice they wish to make on their own, they are free to do so. However, the abuse of such devices to harass drivers or violate their civil rights could be grounds for civil action against the abusing company.

Civil rights? Now that is a major stretch. Lump it right in their with healthcare and all the other junk they try to claim as civil rights now days, even cell phones and internet access.
 

beachbum

Veteran Expediter
Owner/Operator
Was at GATS and went to the LS safety meeting and even thou they are not going to require EOBR'S for the BCO's they will be making them available for any driver who wants one sometime before the end of the year.

LS compliance also said in the meeting that when they make a decision on which unit they will go with that ANY driver that gets a 11/14 or falsifying a log book ticket or warning, WILL BE REQUIRED to have a EOBR installed and if they refuse their contract will be terminated.
 

beachbum

Veteran Expediter
Owner/Operator
I cannot figure out how you can harass a person with a EOBR.

What re they going to do to a company employee, tell them that their 10 hour break is up and its time to go back to work. Because they cannot make them violate the HOS.

Wait I know how they would have harassed drivers that would have been required to put them on. They would have been harassed to run legal and not break the HOS.
 
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beachbum

Veteran Expediter
Owner/Operator
EOBR

start driving the unit puts you on line 3.\
Stop driving for 5 min unit puts you on line 4 unless you push a button for either line 1 or 2. unit does everything else for you, logs your milage, your city where your at and most log minutes and not 15 min times.

It does not stop you from violating any rule, wont make sure your in the bunk when you press the button for sleeper. What's the big deal, people now will have to run legal or suffer if they get caught violating the HOS. That's their problem and not the problem of anyone else using the EOBR who runs legal.
 

greg334

Veteran Expediter
Well this can be construed as a bash but I don't give a crap because it is about one persons crying over an EOBR in their truck and always has been.

The EOBR does nothing more than the log sheet does and if you feel an EOBR is an intrusion into the cab, get over it because the log sheet is the same thing. Carriers can not really use the EOBR against you, really they can't because if you don't try to mess with it, or cheat it, then what does it show? The information on what hours you are running and what you are doing just like a log sheet.

With this obtuse twist in logic, "OOIDA represents drivers. OOIDA wins in court. Score one for drivers. " there seems to be a false reason to celebrate.

SO what victory?

There isn't any.

If there was a victory, then it would be things that have nothing to do with our world, like say sleep studies based on none existing data but OOIDA is silent on that subject.

I think this is one reason what NOT to support the OOIDA, the EOBR has zero to do with actual independence of the driver and more to do with being another form of logging.
 

layoutshooter

Veteran Expediter
Retired Expediter
I am NOT limited on the "book" on how long I can drive for "personal" use. I AM on the EOBR. You can bet your nose that carriers are going to USE the MPG data on the EOBR's. No matter how WRONG it is. Shoot the EOBR often has NO idea where we are and is often way off on the number of miles driven in a day. But what the heck, who pays attention to details these days anyway?
 

highway star

Veteran Expediter
Owner/Operator
I am NOT limited on the "book" on how long I can drive for "personal" use. I AM on the EOBR. You can bet your nose that carriers are going to USE the MPG data on the EOBR's. No matter how WRONG it is. Shoot the EOBR often has NO idea where we are and is often way off on the number of miles driven in a day. But what the heck, who pays attention to details these days anyway?

The regulation regarding personal use is what it is, with or without EOBR.
 

greg334

Veteran Expediter
I am NOT limited on the "book" on how long I can drive for "personal" use. I AM on the EOBR.

My carrier doesn't allow personal use. there is only four lines and that's it - so should I worry if I go to an EOBR which would allow me a line five option?

NOPE

You can bet your nose that carriers are going to USE the MPG data on the EOBR's. No matter how WRONG it is.

Well who cares?

I mean what does the MPG data have to do with anything anyway?

They going to look at the data and make lower offers?

MAYBE this would be a great thing for them sprinters who undercut all the trucks for three pallets of foam.

Shoot the EOBR often has NO idea where we are and is often way off on the number of miles driven in a day.

Does the data come from your ECM maybe?

Maybe your ecm is off?

But what the heck, who pays attention to details these days anyway?

A lot of people do.
 
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