Who Needs FMCSA? We Have OOIDA!

[Les2]

A couple years ago, I sent an e-mail to somebody at OOIDA and ended up getting like 5 replies from different people, one from the VP and another from the editor of Land Line. I don't remember what the hell I wrote in that e-mail, or what it was about, but they asked me for permission to post it in an article or something in Land Line. I told 'em to go ahead, but I don't know if they ever did.

They never asked me when they posted something I wrote to them. I got a call from a buddy about it. They edited it so bad and cut out some very important parts in it, that had me ****ed!

I completely forgot about that till reading your post...lol

 

[Tim]

They asked me when they posted something I wrote to them. I called a buddy about it. They edited it so some very important parts were in it, that had me jacked!

I completely forgot about that till reading your post...lol

FIXED........................

 

[Les2]

Hey shouldn't you be working.........? LOL

 

[Cerberus]

Ignore the idiot, everybody else does, I guess he is going back on the moron list where he was for a while.

Gotta wait til you or tim drop off the list first to make room for me.

 

[Tim]

Hey shouldn't you be working.........? LOL

Me? What about you?

 

[Les2]

Got to go to the bank and then take a check up to Kent, Ohio......

 

[Injun]

Round 2:

On EOBRs, we are given editing capabilities on everything except driving time. This includes On Duty, Not Driving. When the air brake is pulled, the E-Nag automatically switches to On Duty, Not Driving. Most times, I leave it alone, knowing I can fix it later. Then, when I get ready to go, I fix it. Most times, those fixes are concurrent with a delivery stop.

WalMarts are retail establishments. As such, they sell stuff that's useful to me and they have bathrooms. Also, they are generally surrounded by other retail establishments and restaurants, which I have been known to utilize. If I back to a dock door, in most cases, I am not required to remain with my truck or even on the premises. I can leave the property to attend personal business, if I choose to. There are a very few stores that will not allow this due to not having doors to spare. But, for the most part, it's not a problem.

Well, since DOT can't attack driving time anymore, they are going after On Duty, Not Driving time. If they do an audit and see a driver splitting time at a receiver using the Edit feature of the E-Nag, they assume the driver is falsifying the On Duty, Not Driving time and take what they deem to be "appropriate" action.

Since I typically do this, considering going to the bathroom, shopping or eating is, in my understanding, Off Duty time, I received a warning today that I am showing "excessive editing" of my logs. In order to not show this, it is expected that I walk all the way around to my truck, place myself Off Duty, then walk all the way back around to attend my personal business, despite the fact I could save that time by doing my stuff either on the way in, or on the way out, since I'm already there anyway. Either that, or the entire time has to be logged as On Duty, Not Driving. In other wods, I have to let the company (and DOT) have my personal time.

I explained all of this to OOIDA today, including the harassment end of it. OOIDA is 100% on board. With the company's Log Department and DOT. Regardless of the FMCSR guidance that states a driver may be Off Duty at a customer if the driver is allowed to leave the premises and there is no limitation on how many times a driver may edit the allowed duty status.

OOIDA can kiss my ass. They will not be getting another dime from me if all they can do is back up the ATA and the DOT.

 

[KevTruckin]

it all depends on the way u explained your story to them.
if u came in there with a truckers mouth there not gonna listen, if u called them (OOIDA) and explained your problem with some knowledge then they might listen.
These people are well educated, they get stupid phone calls everyday. Truckers have to be more educated before they start complaining. This isnt channel 19! I'm not calling u stoooopid but what i am saying is they didnt give u the time because u failed in your presentation. Go do more research and come back with more knowledge to your problem
:detective:

 

[Injun]

You have never talked to me either on the phone or in person. You have no idea what my presentation was like. You automatically assume I was less than professional.

Actually, I told my story much the same as you see it here.

 

[Rigjockey]

If you take the situation and put it into a paper log perspective, It would look like scratch this out scratch that out re-wright this. I know this is not the case, If your were on paper logs you would simply bump the dock see the receiver and and do your shopping/bathroom breaks and what not and fill the log in afterward appropriately. Computers are not very understanding or rational for that matter.

If you took the view of the EOBR as paper in a sense it would be like marking in the change of duty status at the very time it occurred. It may be a pain to do it that way but thats what has to be done to avoid having too many edits and keep DOT and the company log dept off your butt.

I sympathize with your situation don't get me wrong.

 

[Tim]

You know and I know when your at a shipper/receiver you can not log legally 100% "Off Duty" when its a live load or unload. OOIDA would be correct. Unless you have it in writing from Swift relieving you of all duty and responsibility for the care and custody of the truck and trailer while its at a shipper/receiver you dont have a leg to stand on. Looks like to me your b i t ch is with Swift not OOIDA.

 

[Injun]

I don't log it completely off duty. That's not the point anyway. I'm catching grief for performing a lawful function of the log, which is editing them to accurately reflect my work time.

 

[Micabay]

I do similar edits quite often myself. Often I forget to change my status when I stop. That 15 mins I spent inside grabbing grub and using the little girls room isnt line 1, even though the eobr says it, hence the edit feature. Isn't being Logging on duty when you are really off duty log falsification?

 

[Injun]

That's what I would think. Therefore, I fix it.

 

[Duck]

When you first get there, set the brakes to switch it from line 3 to line 4. Check in and back into the dock. Sit in the cab (or just stay by the truck) til it's been 15 minutes or however long you want to show for "on duty" then switch it over to line 1 & go do your own thing while they're unloading.

At some places I log "sleeper" when getting loaded/unloaded because they won't let us log "off duty". Walmarts have tons of cameras all over the place, so I'd just log off duty in that case. Get in an accident and the lawyers will get a hold of the tapes from those cameras that show you walking around the store when the log says "sleeper" so I'd just log "off duty".

As for the edits, ... try to do it the way I suggested, ... but if you can't do it that way, just keep editing them and tell the log department to pound sand. It's your log & you can edit it as you see fit.

 

[Tazz]

Just asking. But is this swift worrying or did they get popped in an audit. Sounds like an over active log department wanting to pick nits. We got buzzed and of all the things they worried us over editing wasn't mentioned to my knowledge.

However do not disagree with the OOIDA eval.

 

[j911brick]

Just ask the log department if they "telling you to falsify your logs".

YOU: are you asking me to falsify my logs?

Logs: No.

YOU: Your telling me to record information that is accuate aren't you? That "IS" falsifying my logs!

Logs: That is not what we are telling you.

YOU: When you tell record information that is not correct, then you are telling me to falsify my logs:

Logs: but our system...

YOU: then you need fix your system or get rid of it; or you can give me a letter saying you permit us to falsify our logs.


I used this exact (type) argument at Swift when I was there and a couple months later they were teaching in their training classes how you can log (such and such) because the company can't tell you to falsify your logs.

 

[KevTruckin]

tim's right!!

 

[Gus]

Wow, I rarely have to edit, only when I forget to change my status. Why don't you change to off duty driving (so it won't trip back) when you are done backing in? If you can change it later, change it when you do it.

It's not hard to run legal. Get to know the system and work within the rules.

 

[Micabay]

Wow, I rarely have to edit, only when I forget to change my status. Why don't you change to off duty driving (so it won't trip back) when you are done backing in? If you can change it later, change it when you do it.

It's not hard to run legal. Get to know the system and work within the rules.

Cuz you're needing to show 15 mins or so on duty while checking in and what not... Injun, correct me if wrong, bumps the dock before checking in. Doesn't even have to open the doors, roll top trailers. The goes in the receiving down. Checks in, they start to unload her. Now bein a curious little native she wonders off into the store section, of Walmart to buy cheap Asian made crap...

Comes back and girly truck is done ready to go... so she manually edits the logs to correctly show her correct status, off duty... ie not falsaficating the logs. Swift comes back and says "Hey! You're editing the logs too much."

Has she broken any FMCSA regs? Nope... Being forgetful is not breaking any reg, unless she forgets to update said logs to current before driving. SWIFT is just being a bigger pain in the ass than needed.

Also she does run legal, 98.9% of the time.