Heavy Duty Trucking

AUG 2014

The Fleet Business Authority

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sure it accounts for what it will cost enforcement agencies to implement the rule. It suggested that the agency include police equipment and train- ing in its regulatory impact analysis. CVSA is at odds with ATA on the question of supporting documents. It agreed with the agency's proposal but added that drivers should be required to keep the documents for seven days. Another issue for police is drivers who use their truck as a personal con- veyance. The meaning of "personal conveyance" is not clear, CVSA said. It proposed a definition that says the driver may use his truck for personal transportation for a "short distance": to and from the nearest lodging or restaurant, or between his home and his normal terminal, but no more than 25 miles or 30 minutes. CVSA said it supports ELD certification by the manufacturer, based on a standard set of compliance procedures. Also, the devices should be able to import and export data from other makes. And CVSA wants the agency to make sure that the states have the technology and communications sys- tems to access ELD data at roadside inspections — before the mandate takes effect. OOIDA aims at legal issues Comments by the Owner-Operator Independent Drivers Association read like a prelude to a lawsuit. The group challenged the legal, constitutional, and technical foundations of the proposal. It said the proposal fails to meet the legal requirement that ELDs automatically and accurately record driver hours of service. Under the proposed rule, drivers will manually enter a change in duty status, which is neither automatic nor necessarily accurate, the group said. "FMCSA embarks on this ill-ad- vised program without any evidence that currently available ELDs, which require the manual input of changes in duty status, will provide the slight- est improvement over paper logbooks which also depend upon manual input of such information," OOIDA said. Further, OOIDA said, the agency ignores the constitutional question of mandating a device to monitor driver conduct without a warrant. The agency should have solicited com- © 2014 Mitchell Repair Information Company, LLC. All Rights Reserved. Mitchell 1® is a registered trademark used herein under license. From Class 4-8, we've got you covered with the fastest, most accurate software solutions for the toughest jobs. For more information: Call us: 888-488-4969 Visit us: www.mitchell1.com Or fnd your local Mitchell 1 sales representative: www.mitchellrep.com X X Repair Information X X Labor Estimating X X Trouble Code Procedures REPAIR TRUCKS REPAIR TRUCKS FASTER FASTER REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS REPAIR TRUCKS FASTER FASTER FASTER FASTER FASTER FASTER FASTER FASTER FASTER FASTER FASTER FASTER FASTER Circle 117 on Reader Action Card ments on this issue in its proposal. "Without providing for the due process rights of truck drivers, the proposed rule's imposition of electron- ic monitoring is an unconstitutional deprivation of a driver's freedom of movement." OOIDA also contended that www.truckinginfo.com AUGUST 2014 • HDT 49

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