After coming from the Mid America Trucking Show last week where by his own admission he received a significant amount of ELD-related hostility, new FMCSA administrator Raymond Martinez had a quieter first public appearance a few days later.
Martinez gave a speech to the Truckload Carriers of America meeting near Orlando which covered the usual array of topics one would expect: safety, cooperation and the ELD mandate. There were no questions taken, and no hecklers, so there was no repeat of the MATS conflict.
But the one statement during that address that could have been viewed as somewhat newsworthy was when he said he was “all ears” in addressing not so much the ELD mandate itself, but the presumably stricter need to comply with Hours of Service regulations as a result of the greater precision of data coming out of ELDs.
In an exclusive interview with Freightwaves after his TCA speech, Martinez—on the job for all of four weeks—said he did not want to specify what changes in the HOS rules might be considered. Getting suggestions “is what I was hoping for at the MACT,” he said. “It didn’t end up that way. You get three or four people who get the microphone and they rail against government in general.”
Martinez emphasized that he understands “the frustration and the passion, but from where I sit, I can’t make law.” However, there may be regulatory changes that could be undertaken by FMCSA to relieve some of the biggest pain points in the combination of the HOS rules and the possibility of stricter enforcement of them as a result of ELD data.
Detention on his mind
And while Martinez emphasized a second time in the interview that he could not be specific about any possible changes, when asked if there were any issues that had been cited frequently while on his listening tour, his answer was succinct: detention.
“When people tell me they are on the clock and they are stuck, when they say ‘I was there for 3, 5, 6 hours,’ well, I’m not sure how that happens, but I’m sure it does,” Martinez said. “Are there abusers of the systems were folks are being put in that position on a regular basis? That is something we need to know.”
The “aggressive listening” that Martinez said he is undertaking does not expect to get “a unanimity of opinion, but I’d like some consensus,” he said. He has received recommended steps from various groups in the industry, “and if I have multiple organizations that submit 20 recommendations, but five of them match up across the group, then that gives me some basis to go forward.”
Martinez said any sort of regulatory process to change a regulation, short of changing a law, would probably take a year to implement. “You don’t want to open yourself up to a challenge in the courts,” he said. “You can only have certain latitude and the regulatory process is not short.”
On the coming implementation of the full ELD mandate this Sunday, Martinez said in his speech to the TCA general session that the data he has seen indicates that roadside enforcement reveals that there is 96% compliance with the mandate. Asked if that meant that the sort of hostility he faced at MATS represented a minority, he replied yes but said “that doesn’t mean their position is not worth listening to.”
There also is no reason why full ELD compliance may not be causing other issues. A truck could be in full compliance with the ELD mandate, but with less flexibility the HOS rule could still be creating difficulties for the trucker. Martinez alluded to that reality when he said that while the goal is to get to 100% ELD compliance, that may reveal “other inefficiencies,” like issues with detention. “These are things we need to get a full understanding of,” he said.
Dave Laverty
Change the HOS simler to the old rules 11hr driving 8hr consecutive off to back your 11hr stop the clock when off duty. 34hr reset and alot of the Hart burn will go away.
Allen Franck
Another idiot in a position that he knows nothing about the trucking industry the real Trucking industry not what the big carriers want you to believe it is you need to talk to someone will tell you the truth not lies about real life as a trucker
Elbert White
This asshole is the entire problem with trucking and government control. These turds make laws governing how we can work and the dumbasses don’t even know what detention is or even believe how it affects us.
I’m fed up with their stupidity. I’m buying a nearly new truck with a blown engine and putting an older ECMless engine in it.
Michael
Thats what we did. Have a 2013 T660 with a N14 Cummins in it now. Since the ISX Cummins locked up. Also got another N14 sitting in the floor for the next truck that locks up.
Dan
This man is bought and paid for by the mega-carrier. It is a "minority view" that ELD’s are killing our productivity. 100% compliance is his goal.
Mike
The SAD part of this unthought out mandate, is the designers and the ones that voted for it, have NEVER been in a truck or drove one for a living. They don’t understand we are not robots and the sitting on docks waiting to load or unload is totally out of our control. They also forgot about the traffic, weather and other factors. The eld mandate is the absolute stupidest law ever pushed down our throats. The cost of the law is going to be a sky rocket of the price of everything that is shipped by truck, so that is everything.
Lisa
Apparently he wasn’t listening. MANY people said 14 hour consecutive clock has to go away. Media is definitely misrepresenting the meeting the first day. I WAS there.
joe richter
ALL OF THE GROCERY WAREHOUSES ARE DETAINERS, ALL OF THEM. WHY CAN’T THE SHIPPERS PUT BAR CODES ON THE PALLETS OF PRODUCT, AND HAVE THE RECEIVER’S OFF LOAD THE PRODUCT, SCAN THE BARCODES, SIGN THE PAPERWORK AND RELEASE THE TRUCK AND DRIVER. BUT NO, WE HAVE TO SIT THERE, WAIT FOR THE HIGH PRICED LUMPERS OFF LOAD, AND THEN SEPARATE THE PRODUCT, AND THEN WAIT FOR A RECEIVER TO MANUALLY COUNT, AND RECOUNT THE PRODUCT. BEFORE THEY SIGN THE PAPERWORK, AND RELEASE THE TRUCK AND DRIVER. KEEP IN MIND, THE RECEIVERS ARE HOURLY EMPLOYEE’S, AND COULD CARE LESS IF WE HAVE TO WAIT, FOR THEM, TO GET THEIR LUNCH, GET THEIR BREAKS, AND MOST OF THE TIME THEY ARE SLOW AS HELL TO START WITH. THE ENTIRE TIME, WE ARE SITTING IN OUR TRUCKS TRYING TO KEEP WARM, OR COOL, WASTING OUR ELD MANDATE TIME, WE CANNOT SHOW BUNK TIME, OR GO OFF DUTY. IT’S A TOTALLY CRAP SYSTEM THAT NEEDS UPDATING, AND FORCES THE RECEIVING CUSTOMER TO OFF LOAD, AND RELEASE THE TRUCK AND DRIVER, ASAP.
THE SYSTEM WAS BAD BEFORE THE ELD, AND NOW IT’S WORSE, AND THE INDUSTRY WANTS TO KNOW WHY NO ONE IN THEIR RIGHT MIND WANTS TO DRIVE A TRUCK FOR A LIVING ANY LONGER…JUST SAYIN!
Elbert White
You are right but also wrong. You absolutely can log sleeper or off duty while they unload you. It still goes against your 14 day though.
I go off duty as soon as I pull up to customer and fuk the FMCSA. Just don’t get up to 5mph when moving aroung the dock area.
Juan Aguirre
U.S. foods is a big one for detention 7 to 8 hrs at times!!!
In Phoenix Az. And Greensburg PA.