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OOIDA denied ELD exemption, says ‘disappointed’

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GRAIN VALLEY, Mo. —  The Owner-Operator Independent Drivers Association today expressed disappointment that its exemption request to the ELD mandate has been denied.

The request was submitted eight months ago to the Federal Motor Carrier Safety Administration.

“We are puzzled and disappointed at the response from the agency. For months, the FMCSA has been granting exemptions to other organizations, some not even actually in trucking, but relying on trucks for their businesses,” said Todd Spencer (shown above), executive vice president of OOIDA.

OOIDA said in its request that small-business truckers that have already proven their ability to operate safely “should not be subject to purchasing costly, unproven and uncertified devices.”

OOIDA had requested a five-year exemption for motor carriers classified as small businesses according to the Small Business Administration and with a proven safety history with no attributable at-fault crashes, and who do not have a Carrier Safety Rating of “Unsatisfactory.”

“Congress is taking notice that the mandate was not ready for prime time,” said Spencer. There are numerous legislative proposals that would provide relief from the mandate and we’re hoping Congress moves forward with them.”

Among the numerous concerns cited in the request, the issue of self-certification of vendors is one of the biggest issues brought up by OOIDA.

FMCSA has stated that they do not know if the self-certified ELD’s listed on their website fulfill regulatory requirements in the mandate, according to OOIDA.

“Most small-business motor carriers can ill afford to make these purchases only to learn later that the ELD is non-compliant.  Yet they are required to do so or risk violation,” said Spencer.

A five-year exemption would provide necessary time for ELD manufacturers to be fully vetted by the agency, which would alleviate small-business motor carriers from learning that they purchased a device that could damage their vehicles electronic control module or be hacked, stated the group in a news release.

OOIDA is part of a diverse, outspoken coalition of industry representatives that has come out against the mandate.

The ELD mandate is estimated to cost impacted stakeholders more than $2 billion annually, making it one of the most expensive federal transportation rulemakings over the last decade, says OOIDA. “This is a massive unfunded mandate that provides no safety, economic, or productivity benefits for most ensnared by the mandate.”

The FMCSA’s mandate requires that truck drivers use ELDs to track their driving and non-driving activities even though such devices can only track movement and location of a vehicle. OOIDA contends that requiring electronic monitoring devices on commercial vehicles does not advance safety since they are no more reliable than paper logbooks for recording compliance with Hours of Service regulations.

The Owner-Operator Independent Drivers Association represents the interests of small-business trucking professionals and professional truck drivers. The association currently has more than 160,000 members nationwide.

OOIDA was established in 1973 and is headquartered in the Greater Kansas City, Missouri, area.

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The Nation

David Isaac named TMC Transportation’s Trainer of the Month for September

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DES MOINES, Iowa — David Isaac has been named TMC Transportation’s Trainer of the Month for September.

Isaac started at TMC on Valentine’s Day in 2014. He spent eight years in the military and transitioned into his job at TMC while he was still enlisted.

“TMC was the only flatbed company that stood out to me, especially the company being employee-owned,” he said.

After driving on his own for a year and a half, Isaac decided to give driver training a try.

“The instruction aspect of the job was interesting to me,” he said. “There are multiple ways to do one job, but I wanted to make sure that the end result is what is required of our company standards.”

When it comes to his training style, Isaac takes a supervising role.

“I try to let my trainees do as much as they can on their own, but I keep a close eye on them so I can correct them as needed,” he says. “I feel like this is the best way for them to get a feel of what it will be like once they have their own truck.”

Isaac’s favorite part of training is meeting other drivers and helping to be a part of their success. “It’s great to see new guys do well,” he said, adding that it is great for the company and himself as a driver.

“You can learn even while you’re teaching, whether it be a load you wouldn’t normally or discovering a more efficient way to do things,” he said.

Overall, Isaac is grateful for the opportunities he’s had while driving for TMC.

“From the discipline it takes to do the job to the relationships I have built with my peers, I wouldn’t trade it for anything else,” he said.

Each month a TMC Transportation trainer who demonstrates the outstanding qualities TMC looks for in a trainer is honored. The Trainer of the Month recipient is chosen based on their safety record and the safety performance of their trainees, the number of drivers trained and the retention percentage of those drivers.

For more information, visit www.tmctrans.com.

 

 

 

 

 

 

 

 

 

 

 

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The Nation

SBTC’s anti-ELD petition stalls, Lamb uses ‘phone call’ to put blame on OOIDA

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Small Business in Transportation Coalition President James Lamb tells viewers his investigators have uncovered evidence that the Owner-Operator Independent Drivers Association is sabotaging his organization’s efforts to get 100,000 signatures on a petition to ask the White House to immediately suspend the ELD mandate. (Courtesy: SMALL BUSINESS IN TRANSPORTATION COALITION)

In an online editorial we posted August 22, we described the Small Business in Transportation Coalition (SBTC) as positioning itself to be a one-organization wrecking crew targeting the Federal Motor Carrier Safety Administration and the electronic logging device mandate.

In particular, SBTC and its president, James Lamb, have been on a tear against electronic logging devices.

(This is the same James Lamb who in early 2018 agreed to settle a probe into his business dealings brought by the U.S. Federal Trade Commission, which accused Lamb and several of his businesses of cheating owner-operators out of millions of dollars over the course of several years. Lamb denied the charges, but the FTC is in the process of paying out $900,000 to truckers who the FTC says were scammed.) 

After the FMCSA denied its application asking that carriers with under 50 employees be exempted from the ELD mandate, SBTC asked FMCSA to reconsider the denial. 

With no apparent hope that FMCSA would reverse its decision (remember ELDs were ordered by Congress), Lamb and SBTC have moved up the ladder to Congress and now to the White House.

AN EDITORIAL

Currently, SBTC is asking drivers to sign a petition asking Transportation Secretary Elaine Chao and President Donald Trump to immediately suspend the ELD rule.

SBTC says it needs to have 100,000 signatures (it’s not likely to happen) before the White House will respond to the request to suspend the rule (that’s not going to happen).

On October 31, Lamb published an e-mail asking the Owner-Operator Independent Drivers Association to join SBTC in support of the petition.

Lamb apparently never heard from OOIDA, and with his petition drive stalled at around 30,000, Lamb decided to blame OOIDA for the slowdown and appears to have set out to make his point with an elaborate scheme that he is reporting through his e-mail blasts to the media and others, claiming that OOIDA is sabotaging his petition effort.

In a video released at 5:20 p.m. Central time November 11, Lamb said he had some “disturbing” information regarding the ELD suspension petition.

“We have through our private investigators uncovered that OOIDA has been sabotaging our petition. We hired a private investigator to follow up on leads that we have received regarding possible interferences with our petition and boy, did we find out what’s going on here.

“I’m going to play you the tape the investigators sent me (actually the tape of the phone call made only hours or maybe even minutes before) so you can listen to it yourself and boy is it bad news for Todd Spencer (OOIDA president and CEO) and this woman … at OOIDA.”

That “call” was obviously definitely recorded November 11 because the caller mentioned having to work on the holiday, which was Veterans Day. The man said his name was Mike (he also used the name Michael).

It was easy to tell the call was a set up because the man who identified himself as Mike was obviously and purposely speaking into a recording device and recording the other end of the call from a speaker phone.

(An average observer would likely have thought the call was legitimate and that Lamb’s investigators had worked hard to uncover it, but we rather suspect it was a set up and the tape was handed to him shortly after it was made. Or he might even have been in the room when the “call” was made.

A transcript of the tape shows Mike told the woman at OOIDA he wasn’t a member of OOIDA but had heard about the petition campaign and wanted to know if OOIDA was in support of the petition.

He even claimed he’d never heard of James Lamb.

The woman at OOIDA offered to send Mike information about Lamb.

She asked for his e-mail address and after a long hesitation he gave two: mikeferrili@yahoo.com and mikeferilli@yahoo.com.

E-mails sent to those addresses by The Trucker bounced back as undeliverable. (Surprise, surprise).

Based on the transcript, Mike kept trying to coerce the woman into telling him not to sign the petition (the “call” lasted almost 15 minutes), but not once did she do that, only suggesting that petitions were not effective in getting change in Washington.

Contacting members of Congress is the most effective way, she said, citing an instance when OOIDA and its members contacted a Congressman, contacts that led to him reversing his support of speed limiters.

The woman told Mike that some members of OOIDA had signed the petition.

Mike kept on and on, obviously and in the opinion of this writer hoping the woman would tell him not to sign the petition, but the woman said absolutely nothing to discourage drivers from signing the petition.

At one point, the woman reminded Mike that OOIDA had been fighting against ELDs and their predecessors since 1978.

After the tape of the telephone “call” ended on his video, Lamb reiterated that OOIDA had done everything in its power to keep truckers from signing the petition.

“Mr. Spencer it looks like we have a problem. Our legal team (the same one that handed Lamb the tape of the supposed phone call) is going to be reviewing this and you are going to have some explaining to do to a judge,” he said.

We too, have a problem, and it’s with Mr. Lamb trying to lay the blame for his failure directly on someone else.

We call on Mr. Lamb and his organization to get off his anti-ELD horse.

That horse is in the barn, sir, and it’s not coming out.

If you are as powerful as you say you are, turn that power into doing something about the real issues that plague trucking today, matters such as driver pay, the lack of safe parking and driver detention, just to name a few.

OOIDA and many others in the trucking industry are really concerned about those issues.

So should you be.

 

 

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The Nation

Please grab hold. Please grab hold.

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As things turn colder around America, here is yet another video of a truckers ice encounter.
You know in their mind they were repeating… “please grab hold”!
Location: Somewhere along Lake Shore Drive in Decatur, IL.

Courtesy: WANDTV

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