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The question seemed to catch Jim Mullen, acting administrator of the Federal Motor Carrier Safety Administration (FMCSA), a bit off guard: Was it true that in Canada, a lot of carriers were altering records coming out of their electronic logging devices (ELDs) and showing incorrect data on driver compliance with that country’s hours-of-service (HOS) rule?
The question came from the floor of a general session at the annual meeting of the Truckload Carriers Association (TCA).
But the issue is clearly one that has crossed Mullen’s desk, and he had a response for the questioner. “We are aware of some instances of fraud and abuse on ELDs,” he said. “We investigate those very diligently.”
To bring home the fact that he’s concerned about the issue, Mullen described a conversation he recently had with a trucking executive. The representative from the trucking company, Mullen said, told the administrator he had turned down freight that the unidentified executive knew could not be delivered within the HOS rule. “And lo and behold somebody took it,” Mullen said.
Mullen also said there was a difference in the approach between the U.S. and Canada toward certification of ELD providers. Canadian authorities chose to have third-party certification, Mullen said: “Money and resources were a problem.” But in the U.S., ELD vendors can be decertified “and we look at the process very closely.”
“I have been planning on reaching out to ELD vendors to detect how you can circumvent the rules on fraud and abuse and what the industry can do to help,” Mullen said, insisting he wasn’t “passing the buck.” “We’d love to partner with the regulated community on weeding out those who are participating in fraud and abuse on ELDs.”
Later, in an interview with FreightWaves, Mullen said FMCSA is “cognizant ELDs are not foolproof.” He also said FMCSA will partner with state safety officials to identify “when they see something on the logs that doesn’t add up with the supporting documents.” As far as working with ELD providers, “any foresight and information on how vendors are able to circumvent the rules, we’re all ears.” He noted that the technological capabilities of FMCSA are not set up to identify technology issues within some models of ELDs, so the tech know-how of cooperating providers is essential.
(As far as his reaction to the question, Mullen said he was not caught off guard by the suggestion of fraudulent ELD activity, but rather by the suggestion that in Canada, altering records occurs “willy-nilly.”)
Mullen used the occasion of his speech before TCA to announce that the final rule proposal for a change in hours of service had been sent to the Office of Management and Budget.
Once OMB is done with its review, FMCSA will “move straight to a final rule,” Mullen said. The final rule will have an effective date, “and that is our next decision point.”
ELDs will play a role in that decision, according to Mullen. The agency has been in discussion with ELD providers on how long it would take to make modifications in their systems to account for rules different from those that are now built in to existing software. The answers that came back from the manufacturers have ranged from four to 10 months.
During his address to the TCA meeting, Mullen brought up several other issues that FMCSA is dealing with:
- While he did not disclose how many drivers 18-20 years old with a military background had signed up under the pilot program to allow them to drive interstate, it was clearly not a lot. Mullen said almost 40 carriers had signed up to participate in the program, “but we don’t have a lot of drivers in the program yet.” The goal is to have 200 drivers “and we’re working to get that up.”
- Another pilot program to enable nonmilitary 18- to 20-year-olds to drive interstate remains under consideration, Mullen said. It is part of the paired bills in the Senate and House known as the DRIVE Safe Act. The legislation would allow apprentices in a program to drive interstate if they meet several criteria. Implementation of that program would be “far more sweeping” than the military program, Mullen said. “Our position is you can develop a very skilled, qualified driver within the 18-20 population that would be as safe if not safer than 20- to 22-year-old drivers,” Mullen said. He cited the familiar argument that 18- to 20-year-olds are allowed to drive intrastate but not interstate. “We believe that having a geographic border determining whether you can or can’t participate isn’t the best method for looking at a safety component,” he said in the interview with FreightWaves.
- The newly launched Drug & Alcohol Clearinghouse has 680,000 people registered and about 9,000 drivers who are on record as having been found positive in a drug and alcohol test or having refused the test. They will need to complete a return-to-duty program, Mullen said, and if they do not, “they are not going to be hired,” Mullen told the conference. He said he did not have a guess as to how many drivers would be identified as having failed the test when the Clearinghouse launched at the beginning of this year but described 9,000 drivers in 60 days as a “staggering” figure. The goal was to stop problem drivers from just moving from company to company to avoid punishment, “and our goal was to eliminate that avenue for abuse,” Mullen told FreightWaves. “We really didn’t put numbers into it. We didn’t know.”
- Mullen acknowledged technology problems within FMCSA. For example, he said it was 100% technology issues that had delayed the launch of the rules for entry-level training by two years from the initial implementation date. A new chief technology officer from the private sector is being brought into FMCSA, “and he has been a leader of many IT modernizations in his career.” A new IT director also has been hired. But at the root of the problem, according to Mullen: “We run so many legacy platforms.”
Editor’s note: The story has been edited to reflect that Mullen said Canada does have third party certification of ELDs. It was originally reported that he said it did not have third party certification.
German
Who makes law and rules,politicians and white collar for trucking industry need to sit they fat ass behind the wheels to know how sacrifices and how hard is our job,they still bla bla bla bla and the industry continues bloodbath,everything is clear the disaster from eld implementation and those parasites making a wrong law.
Jason Crist
Can a company keep your money because you had to be towed ,because the driveshaft came out.
They said I have to pay for it
I am a company driver
And it is a few thousand dollars
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
Quote:
“Can a company keep your money because you had to be towed ,because the driveshaft came out.”
No ! Contact your local labour board .
Gregory Gerard Duda
Jim Mullen is another Ray Martinez a no nothing Beauracrat get a informed person such as a Truck Driver Pilot Harbor Master to run the FMCSA then things will change.It’s time to ignore a convenient Federal law against independents and company drivers organizing we need and will take control of the trucking industry and roll back years of government overreach then we can clean out the thousands of unqualified dangerous people in the industry that the corrupt FMCSA currently sanction.
Greory Gerard Duda
In the FMCSA not 1 Truck driver airline pilot ship captain harbor master only uninformed bureaucrats that listen to the likes of Chris Spears the ATA President that travels the world to see how our transportation system can be intergrated globally we have large numbers if non English speaking or reading immigrants that never drove a car let alone a truck on our highways sanctioned by our government littering and defecating on our highways in the rest areas and Truck stops they will never intergrate into American culture the ELDs were mandated not as a safety measure as the argument goes it was for the non english.
2019 saw over 700+small and large trucking companies end operations because of regulations and government mandates not to mention 2017/2018 were we saw companies end operations that were not going to comply.
The US Government absolutely does nothing well it interferes in every aspect it is a bloated incompetent destructive force as I have said repeatedly the Biggest Terrorist Organization on the planet that reaches out and touches all if us HOW ABOUT THIS /STOP DOING THINGS
TO US ONE DAY THE PEOPLE GOD WILLING WILL BE IN CHARGE AGAIN AND MAY NOT BE IN THE FORGIVING MOOD!!! Mind your own business and let the working American People do what we do best build America!!
Jason Crist
Not in this lifetime
We are now a milatry state.
The being of the end
Richard
Dam I have never seen or heard of as the government treating hard working people and small businesses Owners as criminals. We ate targeted on a daily basis. Like we are committing crimes. Get in the truck and be scared to move for fear of getting stopped by not just by dot but all other law enforcement agencies .law enforcement after us on one side and the dam lawyers on the other. I just don’t know how u can stay in business paying for these expensive ass trucks and doing repairs. When you can’t hardly work it.On top of cheap freight.
Tommy
Drive a truck you pencil neck cock sucking dick hole then you have the right to tell me how to drive my truck that “I” pay for other then that you have no right to say how I work sleep pay bills and make a living ! Why not go after the mega carriers that are the real safety problem ???? Oh because they pay you off your nothing but a puppet with a hand up your ass waiting for the next money Dick in your mouth !
Phil Troudt
That’ll do it every time. Show irrationality, contempt, flagrant and abusive language. You only prove the fact that they already believe…truck drivers are ignorant, foul mouthed and incapable of showing any restraint on the internet as well as the highway. Your abusive behavior demonstrates lack of control or thought. You place all of us drivers under the scrutiny of bureaucrats who would like nothing better that to close the door on us because of people like you. I have driven truck for over 20 years and continue to see a decline in the competency of drivers and more of the influx of short tempered, foul mouth people who think they should be able to do as they please regardless of the cost. THAT is why we are in this mess, as well as big money from mega fleets trying to push out the small business and go back to what trucking was before it was deregulated. Please stop trying to help us until you can learn to use better language, show restraint and stop trying to insult the talking heads with childish slurs.
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
You would be surprised to hear the language a lot on Wall Street use . They tend to get away with it due to the prestige of the business they’re in . They’re big earners . The drugs and alcohol , the language , the lack of class , all flies under the radar due to the prestige of being big earners .
When I was in venture capital I expected a little more class . No , none ! Class was only used by most when introducing oneself to potential clients . If you had street smarts , were a good manipulator, and possessed an attitude from the street then you would be viewed to fit in .
The main difference is that in trucking , truckers are viewed as expendable and a dime a dozen at the lower non prestigious level of the labour chain .
The way you present yourself speaks volumes . Your attire is key . Look at the mob and politicians at an extreme . They appear as respectable due to their attire . The attire doesn’t render them good people nor good at what they do . It’s simply a cunning way to look and give the impression that they are respectable .
When I began trucking , I wouldn’t wear a suit LOL , however , my trainer would tell me that I didn’t “look like a trucker” due to my attire . That’s when I decided to analyze what truckers “looked like” in truck stops . Most didn’t appear clean , nor well groomed . A lot looked beat and tired . The vibe and impression they tend to express is low class . Some carriers attempt to come across and appear more professional by supplying an outfit to their truck drivers . It helps .
If you’re educated , well groomed , speak well , and dress proper , you’ll stand out and appear to be out of the “trucking element” .
As an example , when I first viewed Freightwaves videos I was shocked to see most freightwaves employees and even the CEO wear jeans and running shoes ! They don’t dress for the camera nor for their role . They don’t express “business professionalism” . Some don’t have that element to be on camera neither . This unfortunately taints their image negatively in my opinion .
Presentation in the public’s eye is of great importance , especially in business . Do what you want behind closed doors . You never have a second chance at giving a first impression .
The one you’re replying to gave us a first impression in his prior comment . Then opened a different widow which should have remained closed in public . I won’t defend him , nor will I condemn him for his transparency . His personage represents the business ,underground, and political status quo .
Do you think Donald Trump was chosen based on high class ? He has none ! Who voted him in ??? The general lower working class , especially TRUCKERS !
It’s going to take one heck of a PR campaign to shift the trucker image in the public’s eye . The industry doesn’t want this public opinion shift . They want truckers to appear as classless dangerous goofs behind the wheel so that the public and regulators will be more easily willing to replace them with ‘safe” autonomous cargo vehicles . Look at their regulations propaganda . It’s all about the BS belief of safety . Every time they use that argument , and the public just swallows it without question .
They’ve even been arrogant enough to use it in their misclassified independent contractor argument .
These trucking associations have the general public and regulators right where they want them . CONvinced about their safety propaganda for their next stage .
The last thing I would be concerned about right now is the language a trucker may choose to express themselves due to their frustration or level of class . Truckers are being attacked ,abused , denigrated , and soon to be replaced at alarming rates by machines .
In my humble opinion ………
Jason Parsons
Spot on brother!!
Tommy
First off the elds are just plan out ridiculous, they are causing the trucking industry to go down quickly and I really dont understand how the fmcsa can make rules on how someone can work when they arent paying the bills. Now to driver 18 to 21 you could easily just pass a bill that allows them to drive with limits of the adjoining states of which they are liseced from in which would help out on a lot of short hauling and just for instance a young driver could drive hundreds of miles in one direction but cant legally drive 1 mile the other, come on people really.
Charles L Goettsch
I we
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
Take a very close look at this quoted part from the article above .
Quote:
” Was it true that in Canada, a lot of carriers were altering records coming out of their electronic logging devices (ELDs) and showing incorrect data on driver compliance with that country’s hours-of-service (HOS) rule?”
End quote .
NOTICE the question is not asking whether ‘drivers” are altering the ELD data . As I’ve stated ALLALONG , the parasites in this industry are not the “drivers” per se , the drivers are being used as the scapegoat and getting all the flak !
This industry has become a huge can of worms due to those who are “leading” in it .
Unfortunately drivers are not wise enough to take the bull by the horns , organize themselves WISELY & ETHICALLY , and position themselves COLLECTIVELY to be the leaders in the industry by outsmarting the unethical culprits causing burdens at their expense .
So more power to the one’s taking advantage of the one’s who are the true backbone in this industry and getting away with giving them peanuts in return for their enslavement . I must say BRAVO , that’s quite a prosperous scam !
One example :
Paying truckers by the mile based on production while limiting their production is absolutely brilliant !
To get people to agree to being scammed in such a way is BRILLIANT ! However, it’s unethical and it’s unfair . True leaders don’t take advantage of another’s ignorance for their selfish gain .
However, this is what our system is based upon . Bullying and manipulating people to bend and act to one’s desire .
WOW , that’s what the primitive minds on this planet in the “elite” are all about ? LOL ! It’s immature from a spiritual point of view , and pathetic from an ethical point of view . But they want to teach us how we should act and behave ? Why ? To better “serve” them that’s why .
Now that is hilarious and beyond absurd . Be elegant and use diplomacy while attempting to screw your kin ? LOL ! If that doesn’t work , then bully , threaten , and oppress them into accepting to be screwed , ROFLMAO ! Pathetic .
In my humble opinion ………..
Noble1 suggests SMART truck drivers should UNITE & collectively cut out the middlemen from picking truck driver pockets ! UNITE , CONQUER , & YOU'LL PROSPER ! IMHO
I’m going to requote a comment I posted under another article . However , I’ll substitute a few words to fit the ELD issue in this article .
Rather than argue continuously about regulations that concern ELD’s etc , I prefer to analyze the dis-ease that lead to its creation .
By analyzing the dis-ease we begin to understand the cause , “the parasite” and the “milieu” in which it thrives . ELD’s are simply a creative attempt to cure a dis-ease . A sort of antibiotic if you will with a secondary effect that causes a malaise . It doesn’t actually “cure” the dis-ease per se , however, it will prevent the parasite from deteriorating the host until that parasite mutates , and mutate it will .
Rather than attempt to neutralize the parasite through a “fight” , why not assure that the “milieu” is no longer an opportune environment for the parasite to develop by outsmarting it ? In this way we eliminate the origin of the cause . The “milieu” is no longer an opportune breeding environment where the parasite can develop and thrive .
If you understand what that means , then you understood that you need to control the “milieu” . Until you DECIDE and act to control the milieu , the parasites will continue to thrive at your expense and demise .
Shutting down nationally , or to even contemplate doing such a thing is primitive and equivalent to a child throwing a tantrum . It’s not the wise long term prosperous solution to improve your situation and the situation for the generations to come .
If you’re going to try and create an ethical long lasting prosperous change , then you must remain in control and ensure that change is going to stand and last for generations to come .
Quite frankly I believe that 99% of you aren’t capable .You don’t have the mindset , otherwise it would have already occurred . The other 1% who do have the mindset are to busy selfishly thinking of themselves while enjoying the pennies they earn in the little comfort zone they’ve manipulated themselves to believe is good enough .
Isn’t that a coincidence ? Just 1% of all the truck drivers in Canada & the USA combined would be ample to change this industry around . We all know that the remaining 99% would eventually follow . Isn’t that exactly what is occurring in the world ? 1% lead while the rest of the 99% follow ?
Some of you need to wake up before the train leaves the station . All that power and wealth that you’re giving up is unnecessary . The beauty of it is that you don’t even need to fight in order to take possession of it . You just need to wisen up and collaborate among yourselves .
In my humble opinion …….