The trucking industry must comply with federal regulations designed to increase the safety of truck drivers and reduce the likelihood of serious or fatal truck crashes on our roadways. These include both Hours of Service (HOS) requirements as well as complying with the Electronic Logging Device (ELD) mandate.
For more on these two federal trucking safety laws, read:
- Drowsy Driving: Do HOS Rules Make Us Safer from Fatal Truck Crashes?
- Deadly Truck Crashes and New FMCSA Proposed Rollbacks to Hours of Service (HOS) Rules;
- Commercial Truck Drivers Driving Without a Break: HOS 34-hour Restart Restrictions
- Truckers Hate New ELD Automation, But Drowsy Drivers Cause Fatal Crashes
- Truck Driver Fatigue: Battle Continues Over Tracking Truckers with Electronic Log Devices (ELDs).
In sum, the United States Department of Transportation, through the Federal Motor Carrier Safety Administration (FMCSA), regulates and oversees the trucking industry in the United States. Established by Congressional Act on January 1, 2000, FMCSA’s main purpose is to “reduce crashes, injuries and fatalities involving large trucks and buses.”
Recently, questions have been raised about how effectively FMCSA has been in making sure that trucking safety regulations are being followed. There are concerns that carriers in the trucking industry are finding ways around these federal regulations, something we have discussed before. See, e.g., “The Office of the Inspector General is Auditing FMCSA over Concerns of Fraudulent Trucker Medical Certificates.”
Reports from a general session at the annual meeting of the Truckload Carriers Association (TCA) this month have some enlightening statements being made by Acting FMCSA Administrator Jim Mullen as he was taking questions from the podium. It appears that ELD fraud is not detectable by those who are entrusted with making sure that the federal law is being followed.
Mullen Confirms FMCSA Lacks the Technological Ability to Discover ELD Fraud
At the meeting, Mullen first confirms that FMCSA knows about instances of ELD fraud in the United States. Specifically, FMCSA is aware that carriers are illegally changing the log records of their drivers to show federal compliance with HOS regulations.
Second, the FMCSA Administrator seemingly admits to the agency being unable to determine when this type of device manipulation happens. Mullen is quoted as inviting the trucking industry to help by reporting ELD fraud to FMCSA.
Key point here: in March 2020, the FMCSA Administrator acknowledges the agency does not have the technological wherewithal to discover fraudulent ELD reporting.
For details, read “Fraud and Abuse On ELDs” Is A Problem That FMCSA Doesn’t Know How To Fix,” written by Samuel Barradas and published by the Truckers Report on March 6, 2020, as well as “FMCSA ready to work with industry on rule-breaking ELDs: Mullen,” written by John Kingston and published by Freight Waves on March 5, 2020.
Danger of Trucking Companies Pushing Drivers with Deadly Consequences
Some may question why a trucking company or carrier would alter ELD devices to circumvent the HOS rules set up for the safety of their truck drivers (as well as those who share the roads with them). Surely it is not in the company’s best interests to put their workers in danger?
Safety advocates, industry insiders, and those advocating for victims of fatal semi-truck crashes and bus accidents understand all too well how corporate profits are often the motivation of the carrier, not safety for the trucker or the general public.
Consider an example down in Texas, where the Texas Supreme Court just heard oral arguments in a wrongful death case involving a truck driver’s tragic rollover death due to pushing him past the point of exhaustion.
Evidence includes a statement from the trucking company’s terminal manager, who stated under oath that because the company did not have enough drivers, “[m]anagement of the company forced upon me and the dispatchers a clear directive to have the drivers work unsafe hours rather than let a competitor get the jobs, which were demanded by our customers….” See, Affidavit Of Urbano Garza (CR 2:501-503) (Respondents’ Appendix, Tab 1), filed in Cause No. 18-052 in the Supreme Court of Texas, styled Mo-Vac Service Company, Inc., Petitioner, vs. Primitivo Escobedo, et al. on appeal from Escobedo v. MO-VAC SERVICE, CO., INC., No. 13-16-00435-CV (Tex. App. July 27, 2018).
For more on truck crashes, read:
- Federal Truck Driver Training Law Halted: The Danger of Inadequately or Improperly Trained Truckers Remains;
- Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies; and
- Truck Crashes: Making the Roads of Indiana and Illinois Safer from Fatal Truck Accidents.
If you or a loved one is involved in a severe or fatal truck crash, it is important to investigate the circumstances surrounding the trucking carrier’s management and oversight practices as well as determining the level of fatigue or exhaustion the truck driver may have been experiencing at the time of the crash.
Federal regulations are in place that are designed to protect truck drivers (and those sharing the roads with them) from the dangers of drowsiness or fatigue through Hours of Service (HOS) rules forcing rest breaks and electronic logging devices (ELDs) designed to insure compliance with the HOS regulations. Nevertheless, today’s reality remains that there is a very real danger of truck drivers on our roads who are driving tired and exhausted and who are at risk of a serious or fatal semi-truck crash. The effectiveness of these safety regulations is in question.
The state laws of Indiana and Illinois provide avenues for justice for victims of serious and fatal truck accidents. Please be careful out there!
