Concerns EOBR
Some of my concerns regarding the EOBR.
Privacy of Data---
Who owns the information?
Who should have access to the data?
Who should have first right to correct inaccuracies without penalty?
What are the legal implications of data collected?
How do I get access to the data?
If FedEx keeps the data how long do they keep the data?
Limitation of Technology---
Is the technological level of the EOBR able to tell exactly when a truck moves, where it moves to, how long it was moving and how fast it moved….EOBRs still have no way to tell what the duty status of a driver is when the truck is not moving.
Does the EOBR sufficiently identify the difference between off-duty and on-duty, not driving unless the driver manually enters the change of duty status?
Can the EOBR measure whether or not a driver is actually in the sleeper berth getting restorative sleep?
Even with the current GPS in use today, there are areas of coverage lapses and interference throughout the United States and Canada that limit the accuracy of identifiable locations and activities. Mountainous areas, large cities with tall buildings and units located behind certain structures confuse the GPS receivers. Transmissions by the driver can be delayed in these locations and submit inaccurate information. An EOBR must be accurate.
Another concern is regarding the calibration and/or performance standards for the EOBR and for electronic data recorders, and who would ultimately bear this responsibility. Furthermore, in the event that it is determined that the EOBR is not properly calibrated, who is responsible and who is in violation the driver or the carrier?
EOBRs are integrally synchronized to the CMV, either directly to the engine control module (ECM) or via the vehicle's electronic network (databus). Is FedEx going to guarantee no damage will come to the truck after installation? Who will pay for issues resulting from improper installations? We already had one truck's wiring catch on fire after a Qualcomm was installed at PJ's....
In addition, how will a driver use their truck as a personal conveyance vehicle and log the time as off-duty. Currently, when not under load many of us use our vehicles for personal activities such as shopping, eating, entertainment etc. Having now sat without a load for over a week, we have traveled to several locations within a 50 mile radius for various reasons….how would this activity be logged? As an independent contractor, and not company employee driving a company owned vehicle, I believe it is within our right to use our truck without FedEx monitoring our movements.
The IRS states:
The courts have considered many facts in deciding whether a worker is an independent contractor or an employee. These relevant facts fall into three main categories: behavioral control; financial control; and relationship of the parties.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
FMCSA states:
Question 26:If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?chunkkey=09016334800232af
Some of my concerns regarding the EOBR.
Privacy of Data---
Who owns the information?
Who should have access to the data?
Who should have first right to correct inaccuracies without penalty?
What are the legal implications of data collected?
How do I get access to the data?
If FedEx keeps the data how long do they keep the data?
Limitation of Technology---
Is the technological level of the EOBR able to tell exactly when a truck moves, where it moves to, how long it was moving and how fast it moved….EOBRs still have no way to tell what the duty status of a driver is when the truck is not moving.
Does the EOBR sufficiently identify the difference between off-duty and on-duty, not driving unless the driver manually enters the change of duty status?
Can the EOBR measure whether or not a driver is actually in the sleeper berth getting restorative sleep?
Even with the current GPS in use today, there are areas of coverage lapses and interference throughout the United States and Canada that limit the accuracy of identifiable locations and activities. Mountainous areas, large cities with tall buildings and units located behind certain structures confuse the GPS receivers. Transmissions by the driver can be delayed in these locations and submit inaccurate information. An EOBR must be accurate.
Another concern is regarding the calibration and/or performance standards for the EOBR and for electronic data recorders, and who would ultimately bear this responsibility. Furthermore, in the event that it is determined that the EOBR is not properly calibrated, who is responsible and who is in violation the driver or the carrier?
EOBRs are integrally synchronized to the CMV, either directly to the engine control module (ECM) or via the vehicle's electronic network (databus). Is FedEx going to guarantee no damage will come to the truck after installation? Who will pay for issues resulting from improper installations? We already had one truck's wiring catch on fire after a Qualcomm was installed at PJ's....
In addition, how will a driver use their truck as a personal conveyance vehicle and log the time as off-duty. Currently, when not under load many of us use our vehicles for personal activities such as shopping, eating, entertainment etc. Having now sat without a load for over a week, we have traveled to several locations within a 50 mile radius for various reasons….how would this activity be logged? As an independent contractor, and not company employee driving a company owned vehicle, I believe it is within our right to use our truck without FedEx monitoring our movements.
The IRS states:
The courts have considered many facts in deciding whether a worker is an independent contractor or an employee. These relevant facts fall into three main categories: behavioral control; financial control; and relationship of the parties.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
FMCSA states:
Question 26:If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?chunkkey=09016334800232af
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