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Oops! New York state did not previously enforce ELD rule, now making up for lost time

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The ELD mandate was a 2012 law passed under former President Barack Obama. The provision was championed as a way to protect the safety of truckers and others on the road. The Trucker file photo.

ALBANY, N.Y. — There’s always a straggler in the bunch. Unknown to many, New York state has not previously been enforcing the federal electronic logging device (ELD) mandate because it never adopted the ELD rule under its state laws and thus lacked the authority to enforce it.

According to the Trucking Association of New York (TANY), the New York State DOT has now issued an emergency rulemaking and begun enforcement of the ELD mandate.

TANY added in a news release that they have been told carriers not in compliance with the ELD mandate will be placed out-of-service as early as Thursday, January 17.

The ELD rule issued by the Federal Motor Carrier Safety Administration went into effect in December 2017 and state governments were to have followed suit by incorporating the federal ELD rule into their state laws.

The Owner-Operator Independent Drivers Association (OOIDA) has pursued lawsuits with certain states that have enforced the mandate while lacking a state-level law.

The ELD mandate has been unpopular among some truckers, who say it harms their schedules, take-home pay, and safety. Other truckers have said they like electronic logging once they get used to it.

When OOIDA sued New York, their complaint was dismissed — not because the New York court agreed with the state’s actions to enforce the federal law, but because New York wasn’t enforcing the law in the first place, according to Business Insider.

The snafu came to light in a State of New York Supreme Court ruling and opinion issued on December 31 by Judge Richard M. Platkin.

“Drivers are not being stopped, cited, or placed out-of-service pursuant to the ELD rule,” Platkin wrote.

Marc Berger, the chief motor-carrier investigator for New York’s Department of Transportation, said in the December 31 ruling that there are “no notices of violation or uniform traffic tickets being issued citing ELD provisions.”

The other defendants in the case — New York’s state police and the Department of Motor Vehicles — also stated that the ELD law hasn’t been enforced.

The ELD mandate electronically enforces the Hours of Service (HOS) law, which has been in effect since the federal government began regulating trucking in the 1930s. The HOS law stipulates that truckers can drive no more than 11 hours in a 14-hour period, a provision that some truckers say doesn’t reflect the nature of their work.

New York state said in the ruling that it does in fact enforce the HOS, but that the law is more challenging to enforce if ELDs are used.

The ELD mandate came into effect by means of a 2012 law passed under former President Barack Obama. The provision was championed as a way to protect the safety of truckers and others on the road. FMCSA estimated in 2014 that ELDs could prevent up to 1,714 crashes, 522 injuries, and 24 deaths each year.

But some truckers maintain ELDs are doing the opposite, while truck lobbying groups say it’s really not ELDs drivers have a problem with, it’s the unbendable nature of the HOS, which need more flexibility.

“The electronic logs are supposed to make it safer, but really it has created a hazardous race to beat the clock,” career truck driver Steve Manley, 51, told Business Insider. “Drivers are now more reckless than ever trying to make it to their destination before the clock runs out with the mandatory breaks and such.”

A TANY news release said despite New York State not enforcing the ELD mandate, it did enforce HOS and that FMCSA roadside inspections and on-site audits enforced the ELD mandate.

“Due to this, TANY continued to advise members to be in compliance with the ELD mandate regardless of the situation with New York enforcement,” the association said.

 

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The Nation

WIT’s Ellen Voie wins inaugural Cinderella to CEO of the Year honor

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Women In Trucking Association President Ellen Voie, left, accepts a copy of the book “From Cinderella to CEO, How to Master the 10 Lessons of Fairy Tales to Transform Your Work Life” from its author Cary Broussard. Voie was named the 2019 Cinderella to CEO of the Year. (Courtesy: WOMEN IN TRUCKING)

PLOVER, Wis. — Women In Trucking Association President and CEO Ellen Voie has been named the 2019 Cinderella to CEO of the Year — along with winning her award category “Climbing the Beanstalk” — for cultivating an innovative improvement to the workplace to create inroads for women to achieve career goals and enhanced work-life balance opportunities for all genders.

The Cinderella to CEO Awards recognize women who have overcome obstacles to change businesses, communities and industries for the better.

The inaugural awards, inspired by the book “From Cinderella to CEO, How to Master the 10 Lessons of Fairy Tales to Transform Your Work Life” by Cary Broussard, honored 200 women across industries and communities who were nominated for the awards.

“Our goal is to accelerate the successes of women who have worked hard and helped others to also succeed by connecting them to opportunities and each other,” said Broussard, CEO of Broussard Global. “In 2030, women in the U.S. are expected to control 75 percent of the wealth in this country. We want the wealth to be in the good, caring hands of those who strive to make the world a better place.”

Nine category winners, including Voie, were recognized by a distinguished Cinderella to CEO panel of judges for their support of other women, their transformational ability to overcome obstacles and barriers, and their desire to motivate others to accomplish their dreams. Each award category is tied to a chapter in Broussard’s book.

“I am so honored to receive the very first Cinderella to CEO award, as there were hundreds of nominations featuring some amazing women who have done truly notable and altruistic projects,” Voie said. “I am especially thrilled to be recognized by an organization outside the trucking industry, which makes the award even more special.”

Women In Trucking Association is a nonprofit association established to encourage the employment of women in the trucking industry, promote their accomplishments and minimize obstacles faced by women working in the trucking industry. Membership is not limited to women, as 17 percent of its members are men who support the mission.

 

 

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The Nation

FMCSA explains Hours of Service proposed rule

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Here is what they have to say…

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The Nation

10 finalists named in search for top rookie military veteran driver

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Last year’s top military rookie Quinton Ward sits in the cab of his new Kenworth with Kurt Swihart, Kenworth marketing director. (Courtesy: KENWORTH TRUCK CO.)

KIRKLAND, Wash. — The top 10 finalists have been named in the search for the top rookie veteran driver.

Kenworth has teamed with the FASTPORT Trucking Track Mentoring Program and the U.S. Chamber of Commerce Foundation’s Hiring our Heroes Program to find the top rookie military veteran, who has made the successful transition from active duty to driving for a commercial fleet.

The top 10 finalists with their military branch and current truck fleet include:

  • Chris Bacon/U.S. Marines/TMC Transportation
  • Thomas Blitch/U.S. Navy and Naval Reserves/Werner Enterprises
  • Wade Bumgarner/U.S. Navy/Veriha Trucking
  • Joseph Campbell/U.S. Marines and U.S. Army/Roehl Transport
  • Keso Going/U.S. Army/Epes Transport
  • Steve Harris/U.S. Marines/Stevens Transport
  • Kevin Lassing/ U.S. Army/U.S. Xpress
  • Maliq Melton, U.S. Army, Melton Truck Lines.
  • Monte Morrone/U.S. Army and U.S. Marines/Prime Inc.
  • Tim Raub/ U.S. Navy/Averitt Express

Drivers were nominated by trucking companies that made a hiring commitment and pledge to hire veterans on www.truckingtrack.org  or, by members of the National Association of Publicly Funded Truck Driving Schools, or Commercial Vehicle Training Association-member school.

“This year’s competition in the “Transition Trucking: Driving for Excellence” program features an outstanding group of 10 finalists, who are representing their fleet and branch of military service. On behalf of Kenworth, we appreciate their dedication to excel as truck drivers in their new profession, and we are grateful for their military service to the country,” said Kurt Swihart, Kenworth marketing director.

“It is important for organizations across the United States to especially reach out to our veterans to help them make a smooth transition back into civilian life. This is one way that the trucking industry is doing its part,” said Brad Bentley FASTPORT president.

During the Great American Trucking Show August 22-24 in Dallas, three finalists in the recognition program will be announced as America’s top rookie military drivers. All 10 drivers will receive special recognition at the President George W. Bush Library during a tour and reception. The final winner will be announced in December.

For further information on the Transition Trucking: Driving for Excellence award program, please visit www.transitiontrucking.org.

 

 

 

 

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