I came face to face with my own integrity this week. A result of this dam blog. It's my own fault I admit. I started blogging to come to terms with the frustrations, aggravations, irritations and difficulties associated with this line of work. It's easy to blog about this and that and talk the talk. I found myself having to walk the walk. Of course it had to do with the hours of service (HoS) regulations and, you guessed it, electronic on board recorders (EOBR's). One of which I have in my truck and have stated publicly that "I like" and should be embraced by the industry as a whole. Fatigue is one of the difficulties I have been dealing with frequently of late mostly related to variable shift patterns that are screwing up my sleep/rest cycle. This week I came face to face with the issue of how the HoS rules combined with the EOBR add to my level of fatigue.
Before I go any further let me say this is not about who is to blame or right and wrong. This is about dealing with the day to day realities of providing a service. It's really not any deeper than that. There will always be obstacles in our way and there will always be solutions to those problems. We may not like the solutions.
The greatest obstacle we face as drivers is getting the job done within the alloted time frame. There are two basic time frames we have to deal with. The first is a commitment to the customer. Getting the freight from the shipper to the receiver when we say we will. The second is remaining in compliance with the HoS rules. We usually have enough time to get the freight to the customer but we often have had to find creative ways to do it while remaining in compliance with the rules. Inefficiencies in the system end up being downloaded to the driver. The EOBR forces accountability back up the chain by taking the driver's ability to be creative with the rules out of the equation. Now we all have to work in real time. Perfect right?
What if you find yourself in a position that provides enough time to get the freight to the receiver but breaking the rules is safer than working within the rules? What do you do then? Here is where the integrity question comes up for me. With our paper log system we would falsify *gasp* the log, deliver the freight and be done with it. Now with the EOBR you would have to accept the violation and any punitive measures if/when the violation is caught. That may be at the roadside or through a log audit after the fact. Or you can operate within the rules knowing you are unsafe to drive and hope for the best. You may end up bringing harm to yourself or someone else but according to the rules you were good to go.
The bottom line for me here is this: I don't exceed the 70 hr cycle, I don't exceed the 13 hour driving in my day (midnight to midnight for me), but working within the 16 hour window just doesn't cut it much of the time. I usually exceed that window because I need to stop and nap so that I am safe on the road and capable of getting the delivery done safely.
I don't think this rule will be amended until the issue is brought to light when drivers like you and I are hammered through the log audit process. We have been avoiding the issue for the last 3 years by not showing it on our paper logs. Very often our "work shift" commences at a time that disrupts our sleep/wake cycle and induces fatigue.
The problem is not with EOBR'S. The problem is with the HoS legislation. EOBR's simply enforce what is already there. In many instances we find ourselves having to break the rules in order to live within the safety of our circadian rhythms the rules were designed to enforce. Catch 22.
So I said I came face to face with my own integrity. I can't bullshit the rules any longer with an EOBR in the truck. So if I want to protect my personal safety and deliver the goods on time there are going to be times I will have to show a violation in order to do that.
This is why we need the EOBR's. Until those unavoidable violations are recorded on an ongoing basis across the industry the rules will never be amended and the driver's work/life balance issues will never be addressed appropriately. The big red flag issue is that drivers & carriers will have to take it on the chin in order for that to happen. Does our industry have the will to make it happen?
We hear a lot from the upper echelon of the trucking industry when it comes to the issue of hours of service compliance and their due diligence in that regard. Those same movers and shakers need to put as much if not more effort into ensuring that the appropriate amendments are made to that same legislation in order to meet the work/life balance issues of the industries front line. Technology is providing the tools. They need to provide the will. The drivers will deliver the goods.
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