What appears to be happening is that
>good, law-abiding ppl are having to choose between breaking
a law or not feeding the family. What would you choose?
That's part of the concern that lies behind my research inquiry (which is, what are carriers and drivers saying to each other?). It ought not boil down to the choice betwen working or lying. In their letter, the Beans spoke with passion about the ETHICS vs. safety conflict the new split sleeper rule gives rise to. There ARE other choices, one of which is to change the rule for the better.
My inquiry is about one slice of the ongoing talk (or absence of it) in the current situation. It's a research question that will help me and others decide what to do next. In making that decision, it's important to know what's going on around you.
If it is the case that the majority of drivers are simply resolving themselves to lying to deal with the new rule, there is no point in getting invloved as an activist to change things for the better. The popular support from the grass-roots level will not be there if drivers believe lying is a workable solution and an OK response. (Most religious and ethical people will say lying is not OK).
Let me expand the question to fleet owners, many of which participate here. What are drivers telling fleet owners and what are fleet owners telling drivers (especially teams) regarding the new split sleeper berth rule?
As a FedEx CC driver, I too have heard nothing official from our carrier, except a Qualcomm announcement of what the new rule said when it went into effect. I did have a face to face conversation with one official there about HOS. He was as curious as I was to know what drivers were saying and doing. The conversation happened just a few days after the rule went into effect. He told me that the new rule is not a problem for certain other FedEx divisions since most of those drivers can operate easily in a 14 hour day. He noted the unique challenges expediters have because of our unpredictable time schedules. He said that at that point at least, FedEx CC's coments would be routed through the ATA, where FedEx CC is a member.
ATA's voiced concerns may have resulted from that and perhaps from other member input they've received. I can't say one way or another. I was glad to see FedEx CC (at least some folks there) is well informed on the issue and working behind the scenes to figure out how to react to the new rule, as we all are.
Let's return to the original inquiry after a detour about OOIDA and ATA.
Modifying the question slightly, what are carriers AND FLEET OWNERS saying to drivers, and what are drivers saying to carriers AND FLEET OWNERS about the new split sleeper berth HOS rule?
Oh, I should mention too what I've said to our carrier. I've said additional time should be added into long runs to allow team drivers to take a nap when they need to. While the nap time would not in all cases count as valid sleeper berth time under HOS, it would enable drivers to accept and safely complete their runs. Another alternative (unattractive to shippers and carriers) is to set up freight transfers between trucks mid-way through long runs. I was not serious in that suggestion, but I made it to make the point about what strict rule compliance may have to mean, and that the better alternative is to extend the run time to allow drivers to sleep.
These are not perfect solutions by any stretch. It's just doing what I've asked others to do...state what drivers are saying to their carriers.
Off the Internet and on the road, Diane and I have been able to operate in full compliance so far. Depending on the load, we've done so by driving longer shifts, experimenting with 8 and 3 and 3 and 8 instead of 10 and 10, and asking dispatch for (and receiving) additional time (so we can sleep) on a long run.
That said, we HATE the new rule. 5 and 5 (or 5.5 and 5.5) is a far better alternative for us. It gives us the flexibility to be safe on all runs in all circumstances and meet shipper schedules without modification.
