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entirely. She said it does not produce
                                                                                    anything of value and leads mostly to
                                                                                    driver frustration, and it’s difficult for
                                                                                    carriers and enforcers to know if drivers
                “THE FMCSA LISTENED TO ALL THEIR STAKEHOLDERS                       are using the 30 minutes to rest.
                 INCLUDING DRIVING PROFESSIONALS, AND I THINK                          Jeff Loggins, president of Loggins
                   THEY HAVE COME OUT WITH A PROPOSAL THAT                          Logistics, also would like to see the
                                                                                    break eliminated. Drivers are already
                          APPEARS TO BE FAIR AND LOGICAL.”                          stopping to eat and fuel, and the cur-
                                                                                    rent rules force them to park on the
               —CLARK GRAY, PAM TRANSPORT’S VICE PRESIDENT OF DRIVER                shoulder or on a ramp because they are
                                 RESOURCES & COMPLIANCE                             out of time.
                                                                                       “It’s not needed in the real world,”
                                                                                    he said. “Maybe it looks right on paper,
                                                                                    but in the real world it’s not a viable
                                                                                    option.”
                 The 30-minute rest break provi-  hours without stopping to stretch    C.C. Jones Trucking’s Stephens said
              sion also received mixed reviews. PAM   or go to the bathroom; his drivers   the adverse conditions exception would
              Transport’s Gray said the change would   average 6.5 to 7.5 hours a day total.   be helpful. He was neutral about it until
              be beneficial. C.C. Jones Trucking’s   Moreover, Maverick is a flatbed carrier   one of his trucks was driving between
              Stephens said it would help carriers be   that requires its drivers to stop every   Houston and Beaumont, Texas, during
              more efficient and safer. But Newell   100-150 air miles to check their loads.   the recent flooding there. The driver
              said the FMCSA should simply remove   Likewise, CalArk’s Stout said the change   made it through the area safely after
              it entirely because it’s unnecessary   to the 30-minute provision would be   driving through deep water. An extra
              and accomplishes nothing. Few driv-  better than the current rule, but her   two hours of driving would have given
              ers remain on the road an entire eight   carrier would rather it be eliminated   him more time to pass through the area
                                                                                    before it became hazardous.
                                                                                       Ed. note: At the 2019 Safety
                COMMERCIAL TRUCKING SPECIALIST                                      Symposium, Dan Horvath also noted
                                                                                    that when ATA surveyed members, most
                                                                                    said they don’t use the adverse condi-
                                                                                    tions exception because they aren’t sure
                                                                                    when they can and cannot use it. As a
                                                                                    response, ATA is requesting clarification
                                                                                    and a good definition of ‘adverse condi-
                                                                                    tions’ that would trigger the exception.
                                                                                       As for the short-haul provision
                                                                                    change, CalArk’s Stout said it would be
                                                                                    easier for carriers to comply with and
                                                                                    easier to enforce because it will be more
                                                                                    consistent with current hours of service
                                                                                    requirements. While Maverick’s Newell
                                                                                    was OK with the changes, he believes
                                                                                    every truck should have ELDs for
                                                                                    tracking purposes. He has trucks that
                                                                                    would be affected by the change, but
                                                                                    he doesn’t plan on removing the ELDs,
                                                                                    which the carrier uses as a time clock.
                                                                                       Garney, the attorney with
                                                                                    Scopelitis, said 650,000 drivers already
                                                       501-422-0850                 are exempted, and he expects carriers to
                                                   www.richinsservices.com          increase their short hauls.
                                               225 W. Main St. ◆ Cabot, AR 72023       “After spending 10 years advocat-
                                                                                    ing and pushing for ELDs in trucks, this

        24                                                                           Issue 5 2019  |  ARKANSAS TRUCKING REPORT
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