All posts by Tom Cuthbertson

Tom Cuthbertson

Supreme Court Will Not Hear OOIDA’s ELD Lawsuit

In April, the Owner Operator Independent Drivers Association (OOIDA) asked the Supreme Court to reevaluate a lower court ruling to maintain the ELD Mandate, stating that the rule violates the Fourth Amendment. As reported by Commercial Carrier Journal today, the highest court has declined to hear OOIDA’s case. According to CCJ, the Supreme Court’s decision “effectively ends OOIDA’s court challenge. “This news means there should be no further actions that can occur in order to overturn the December 18, 2017 compliance deadline for the ELD Mandate. Carriers that have been waiting for the rule to be overturned should now take…

Can You Afford to Not Pass the ELD Test?

Any driver or fleet hoping to be able to just avoid getting by without electronic logging devices even after the December 18 ELD Mandate kicks in should think again. This is a test every fleet and driver has to take. The exemptions for the ELD Mandate are very specific, and there is not much room for interpretation. It’s critical that carriers and drivers understand that complying with the new rule almost certainly will be easier, less risky, and — if they are ever caught skirting the rules — a lot of less expensive. The FMCSA has already published the Out…

Canadian ELD Update

We have been engaged with CCMTA Canada since 2012 regarding the Canadian ELD Mandate and there has been notable movement in the past year. 2012 was when Omnitracs first provided comments to the Canadian government and in July of 2016 we were asked to submit additional comments and suggestions, which we provided technical suggestions to the then proposed requirements. Approximately three weeks ago, Omnitracs received another version of the regulation and we were requested to supply comments on the technical specifications of the regulation. We submitted additional commentary and had confirmation of understanding discussions on submitted comments with Canadian Council…

Time Flies—But the ELD Mandate Is Still Coming

Now that we are in June, it is hard to believe that we’re almost halfway through 2016. Equally hard to believe is that it has been 6 months since the FMCSA issued a ruling on the ELD Mandate. Prior to the FMCSA announcement on December 11, 2015, the industry was abuzz with news and conjecture about this new piece of legislation. After years of anticipation, when was the ruling ACTUALLY going to happen? What were the exact details going to entail? Everyone was talking about it! Now that the ruling has been issued, though, we are seeing what amounts to…

WHAT’S DIFFERENT ABOUT THE FINAL RULE? ENFORCEMENT TRANSFER METHODS, FOR ONE

Fleets who have been tracking the progress of the ELD mandate over the years agree that the top question about the final rule published December 2015 is, “How is it different from what we expected?”  For one, the methods by which the data collected by the ELD would be transferred to law enforcement changed, in part due to commentary from organizations like Omnitracs who actively participated in the review and commentary period. The two transfer methods that were eliminated include: QR Code Transfer Jet During the commentary period, Omnitracs submitted that these methods would likely translate to higher costs and…

ELD MANDATE FINAL REGULATION: WHO GETS AN EXEMPTION?

A primary element of the final Electronic Logging Device (ELD) regulation published in December 2015 was a definition of who needs to comply, and who gets an exemption. There are three scenarios describing fleets who can operate without an ELD, but who still must account for activities in Hours of Service: Pre-2000 Vehicles:  If the vehicle has a manufacturing date before the year 2000, the use of an ELD is not required. This stems from the fact that many vehicles manufactured before 2000 do not have an ECM that can provide the data being collected.  However, since there are vehicles…

HOS fines are racking up! $343,647,360.00 HOS fines since the beginning of 2016*
Share:
What could you do with that kind of money?
image description Gallons of fuel 127,749,948
image description Truck tires 1,381,135
image description Smokey & The Bandit DVDs 68,729,472
image description iTunes downloads of
Eastbound and Down
115,479,524
image description Miles of road paved with $ 68,729,472
image description Driver salaries 68,729,472
HOS fines add up fast and kill your profits.
* Based on fine amounts ranging from $150-$1100