What You Should Know About Truck Drivers Protests: The ELD
On October 3rd through 8th, hundreds of independent truck drivers gathered in Washington, D.C. to protest a federal mandate scheduled to go into effect this year. Thousands more drivers gathered across the country to protest the mandate, including in California where 700 trucks, organized by local Indian-American Sikh truckers, drove from Yuba City to Sacramento.
Some of the trucks were ticketed for driving as low as 25 miles an hour on the Interstate. This is similar to trucker’s protests during the 1970s oil crisis where hundreds of trucks would gather and block highways to protest the government’s response to the OPEC oil embargo and the implementation of a national 55 MPH speed limit.
Now, truckers are protesting again. This time, against Electronic Logging Devices, required by a new law going into effect this year.
The Moving Ahead for Progress in the 21st Century Act requires that all trucks currently using paper driver logs must convert to using an ELD. Drivers must comply with the regulation by Dec. 18, unless the deadline gets pushed back by Congress.
Like the 1970s protests, most of the opposition to the new federal rule comes from independent truckers, not large companies, some of which already use Electronic Logging Devices and can spread the cost of the mandate — installing the new technology, complying with the new rules, and wasted driver time from inflexible regulations — over thousands of loads and hundreds of customers.
By the Federal Motor Carrier Safety Administration’s conservative estimate, the total annual cost to the trucking industry will be $975 million — just to install and maintain the systems. The estimated cost of adding additional drivers and trucks to ensure compliance will be about $604 million.
Electronic Logging Devices are similar to tablet computers, but they have a very specific purpose: to monitor the truck’s engine through the Onboard Diagnostics system, monitor hours of duty, and record that information to share with the owner of the truck and law enforcement organizations.
The issue is not just about an inconvenient new law. Truck drivers are also objecting to having their engines monitored, and providing more information to governments and transportation authorities. It’s a debate about the value of personal freedom to truckers, and how much oversight the government should be allowed to have.
Additionally, many drivers are concerned about the certification of ELDs, reliability and safety of the technology, connectivity in remote locations, and the ability of the government to track and supervise trucks — mostly owner operators who would be penalized for not recording or providing the information.
Truck drivers are typically paid by distance, not time, meaning that drivers need to be moving to make money. The “14 hour law” is a regulation that requires drivers to drive no longer than 11 hours a day, and work no more than 14 hours overall. With paper logs, if drivers get stuck in traffic, an accident, or bad weather, they can drive faster for their remaining hours and average the miles driven over hours worked, so long as their average speed doesn’t exceed the limits.
The “14 hour law” gives drivers an additional three hours that they can work, so long as they aren’t driving to their destination. This means that drivers drive exactly 11 hours towards their destination, and then drive to park their truck. With electronic logs, they can only drive the truck for exactly 11 hours, so they have to use time otherwise spent earning money instead finding parking spaces — or, some fear, risk their truck’s engine shutting down on the Interstate. Truck technology manufacturers associations deny that their equipment has any control over shutting down the engine, just tracking and recording ability.
Many drivers are upset not only over the federal regulation, but also President Trump. Some supported Trump because of his promises to support business. President Trump even addressed the American Trucking Associations, stating that he “wants lower taxes, bigger paychecks, and more jobs for American truckers.” But now, as the federal regulation looms, many independent drivers feel that Trump abandoned them in favor of the big trucking businesses.
According to driver Earl Doc Blackbon, petitions to repeal the ELD mandate are being circulated. One popular one needs 25,000 signatures and has about 17,000. The Owner Operator Independent Driver’s Association has also petitioned the Supreme Court for a Writ of Certiorari, which you can read here.
There’s still hope for the independent drivers though, but it might be a long shot. Representative Brian Babin, (R-TX) introduced H.R.3282 – ELD Extension Act of 2017. The bill has 55 supporters, including Michigan’s Bill Huzenga. But support for the bill, which would push back the deadline for getting ELDs two years, has stalled. And President Trump has yet to support industry by denouncing an Obama administration era regulation and expecting Congress to repeal it, at a time when it would be especially helpful to small business.
So drivers are taking it upon themselves to publicize their goal of pushing back the regulation, by protesting, shutting down their trucks, and taking to social media. Two social media organizations, ELD or Me and Operation Black and Blue, are making the biggest impact. Just like the trucker’s protests of the 1970s, the little people — independent drivers — are standing up to the government and hoping that we’ll take notice.
Joe Gomrz • Dec 22, 2017 at 5:56 am
If my truck is stopped because of loading or unloading that should not be considered some of my driving time. Also 10 hours parking is a very long time. All we need is at least 8 hours of rest time within a 24-hours. Like any average person. This needs to change. Now I see more truckers speeding trying to beat the clock that itself is unsafe. When I stop to load or unload it takes hours to do that and at that time I’m sleeping ot resting already then have to stop for 10 hours to sleep and rest more. And I can’t even spend time with my family because I’m stuck at a truck stop for 10 hours when I’m just an hour away from home. ELD is a good thing but please change the rules they are too stiff and strict. I feel like a prisoner in my own truck.
Stacy Parker • Nov 5, 2017 at 2:09 pm
I think it’s a shame and disgrace that we, as truckers, are being put in a leash like a dog! We have lives as well as the people who made this rediculous eld mandate law! I’m sure that most if not all involved have never even been in a tractor trailer! Our pay hasn’t increased since the early 80’s and now our checks are gonna be smaller and our time away from home more! Parking, fueling, and especially wait time at shipping locations is already a BIG problem, and when this bunch of BS starts it’s gonna be way worse! There will be fights, cussings, and probably worse when we all have to find parking places near the same place and time and there aren’t any! Personally I feel like it’s just another way of the government to keep up with where we are and what we are doing, not to mention a way of controlling us to an extent of unmarked purportions, and we have no say in the matter! Large companies such as Werner, Swift, JB Hunt, ect., have made tremendous contributions to law makers to get this hipocracy passed and the small trucking companies as well as owner operators are gonna be the ones to pay the price! Just like every thing else in this what used to be a Great Country of freedom and dreams, it boils down to how much money you have and who you know! It is so unfair and to me unconstitutionally bias for us to have to be put in this situation! Our President was supposed to have our back on this issue, but he has taken his eyes off the prize! We have to stick together and beat this rediculous rule they have made and show them where they would be without the American Truck Driver!
Will Kuk • Nov 5, 2017 at 10:20 am
The reality is that the delivery of the freight will be much slower because of ELD mandate Plus parking for trucks will be a huge problem Plus parking on the shoulder when your 11 hours ends is not safe at all
Deepak kaushal • Nov 4, 2017 at 4:21 am
With this eld trucker life would be so hard, we need our family as well on other side work as well, it would be pretty hard if eld doesn’t allow me to go my home if I am just one hour away from my house and my hours of service like 11 hrs has been finsihed., there are lots more issue like , parking, traffic, and weather, waiting time at there shipper