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FMCSA seeks driver, carrier comments on delays loading, unloading

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Delays at shippers and receivers has long been a frustration for both drivers and carriers. Both groups have been asking the FMSCA to look into the matter. (FOTOSEARCH)

WASHINGTON — The Federal Motor Carriers Safety Administration is seeking comments from carriers and driver on how much time is spent at shippers and receivers loading and unloading.

In a notice to published in the Federal Record Monday, the FMCSA said a number of studies have examined the issue of CMV driver delays in the loading and unloading process, and what their potential impact may be on roadway safety and the economy.

The agency noted that the Government Accountability Office (GAO), in its report “More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations, recommended that “FMCSA examine the extent to which detention

time contributes to hours of service violations in its future studies on driver fatigue and detention time.”

In response to the GAO report, FMCSA sponsored a study among a sample of carriers which generated estimates of driver delay times.

Among the sampled carriers, the study found that drivers experienced detention time during approximately 10 percent of their stops for an average duration of 1.4 hours beyond a commonly accepted two-hour loading and unloading time.

Most recently, in a 2018 report titled “Estimates Show Commercial Driver Detention Increases Crash Risks and Costs, but Current Data Limit Further Analysis,” the Department of Transportation’s Office of Inspector General recommended that FMCSA collaborate with industry stakeholders to develop and implement a plan to collect and analyze reliable, accurate, and representative data on the frequency and severity of driver detention.

“Although the above referenced studies estimated overall wait times, they were not able to separate normal loading and unloading times (e.g., the time it would usually take to load and unload a CMV under typical schedules) from detention time (delays in the start of the loading and unloading process which disrupt the driver’s available driving and/or on-duty time). This is a critical data gap in our understanding of the detention issue,” the FMCSA said.

Specifically, FMCSA requests information that addresses the following questions:

  • Are data currently available that can accurately record loading, unloading, and delay times?
  • Is there technology available that could record and delineate prompt loading and unloading times versus the extended delays sometimes experienced by drivers?
  • How can delay times be captured and recorded in a systematic, comparable manner?
  • Could systematic collection and publication of loading, unloading, and delay times be useful in driver or carrier business decisions and help to reduce loading, unloading, and delay times?
  • What should FMCSA use as an estimate of reasonable loading/unloading time? Please provide a basis for your response.
  • How do contract arrangements between carriers and shippers address acceptable wait times? Do these arrangements include penalties for delays attributable to a carrier or shipper?
  • What actions by FMCSA, within its current statutory authority, would help to reduce loading, unloading, and delay times?

To submit a comment online, go to http://www.regulations.gov, put the docket number, FMCSA-2019-0054, in the “Keyword” box, and click “Search.” When the new screen appears, click on the “Comment Now!” button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit.

 

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1 Comment

1 Comment

  1. Shane Jackson

    June 12, 2019 at 6:34 pm

    Drivers should be paid a reasonable hourly rate from the time they arrive at shipper or reciever until they are loaded. Also a reasonable hourly rate for every hour they are away from home domicile waiting on dispatch, not driving or under current dispatch.

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DOL opinion letter: Time in sleeper berth does not count as compensable time

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The Department of Labor says the time a truck driver spends in the sleeper berth is not compensable time. Pictured in the Peterbilt 579 UltraLoft sleeper berth. (Courtesy: PETERBILT MOTORS)

WASHINGTON — The U.S. Department of Labor said Monday said it had determined that time spent in the sleeper berth by professional truck drivers while otherwise relieved from duty does not count as compensable time.

The DOL issued the determination in a written opinion letter by the department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the individual person or entity that requested the letter.

The American Trucking Associations lauded the opinion.

“ATA welcomes Monday’s opinion letter from DOL Wage and Hour Division Administrator Cheryl Stanton that concluded time spent by a commercial driver in the sleeper berth does not count as compensable hours under the federal Fair Labor Standards Act, unless the driver is actually performing work or on call,” said ATA President and CEO Chris Spear. “This opinion, which is consistent with decades-old DOL regulations, the weight of judicial authority, and the long understanding of the trucking industry, clears up confusion created by two recent court decisions that called the compensability of sleeper berth time into question.

Significantly, this opinion letter provides new guidance, the DOL said.

Under prior guidance, the DOL said WHD interpreted the relevant regulations to mean that while sleeping time may be excluded from hours worked where “adequate facilities” were furnished, only up to eight hours of sleeping time may be excluded in a trip 24 hours or longer, and no sleeping time may be excluded for trips under 24 hours.

“WHD has now concluded that this interpretation is unnecessarily burdensome for employers and instead adopts a straightforward reading of the plain language of the applicable regulation, under which the time drivers are relieved of all duties and permitted to sleep in a sleeper berth is presumptively non-working time that is not compensable,” the opinion letter said. “There may be circumstances, however, where a driver who retires to a sleeping berth is unable to use the time effectively for his or her own purposes. For example, a driver who is required to remain on call or do paperwork in the sleeping berth may be unable to effectively sleep or engage in personal activities; in such cases, the time is compensable hours worked.”

The ATA commended Acting Secretary Patrick Pizzella and Stanton for adopting a straightforward, plain-language reading of the law, rather than the burdensome alternative interpretation embraced by those outlier decisions.

“ATA also commends the department for making guidance like this available through opinion letters, which provide an opportunity for stakeholders to better understand their compliance obligations prospectively, rather than settling such matters only after the fact, through costly and wasteful litigation,” Spear said.

 

 

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Mexican officials uncover smuggling ring using truck disguised as freight companies

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Some trucks used in the smuggling ring had air conditioning units, but didn't use them when carrying migrants. (FOTOSEARCH)

MEXICO CITY — Mexican officials said Monday they have uncovered an industrial-scale migrant smuggling ring using tractor-trailer rigs disguised as freight deliveries for major companies.

President Andres Manuel Lopez Obrador said authorities found a tractor-trailer disguised with the logo of a major grocery store chain. But instead of groceries, it was carrying about 150 migrants.

‘The (grocery) company has filed a complaint, because it was fake, it was camouflage to transport migrants,” Lopez Obrador said.

In June, Mexico detected five freight trucks carrying 925 migrants, almost all from Central America. Some of those trucks bore the logos of well-known firms, though it was not clear if those trucks were also fakes or had been used illegally by drivers without the companies’ knowledge.

Foreign Relations Secretary Marcelo Ebrard said that four or five of the freight trucks found in June belonged to the same independent trucking company, based in central Mexico.

Ebrard said the company operated trucks equipped with air conditioning units, but didn’t turn on the ventilation when carrying migrants.

That led officials to believe it was just a matter of time before migrants would die aboard the overcrowded vehicles.

“The biggest concern is that there is going to be a tragedy, that is what we don’t want,” said Lopez Obrador.

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3 Estes Express employees steal $23,000 worth of water heaters

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COLUMBIA, S.C. — Richland County Sheriff’s Department says they have arrested three employees of a delivery company, after discovering $23,000 worth of stolen inventory in one of their homes.

Officials became suspicious when some retail stores reported that not all of the products supposedly being shipped from Home Depot’s West Columbia distribution center were reaching their final destination.

An investigation by the Sheriff’s Department and officials from Home Depot and Estes Express Line led authorities to get a search warrant for the home of Cody Bessinger. That is when they found more than $23,000 worth of stolen water heaters that Bessinger and two other thieves reportedly accumulated over one years time.

Authorities arrested Bessinger, along with Joe Gunter and Chris Shumpert, who were both managerial employees for Estes Express Line.

This begs the question…”why water heaters”?

Could it be that besides working for Estes Express Line, these guys had a clandestine plumbing operation on the side?

You might even say these three men are in hot water.

 

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