Fourteen (14) percent of drivers used personal conveyance in January of that year. Their research revealed an interesting trend. gathered information from its customers’ use of ELDs from January to June 2019. ![]() 2īut this data may be partially misleading. In May 2018, after full enforcement of the ELD mandate, it dropped even further to just 0.64 percent. In January 2018, the HOS violation ratio dropped from 1.16 percent to 0.83 percent. ![]() In November 2017, before implementing the ELD mandate, up to 1.16 percent of driver inspections had at least one hour-of-service violation. And based on data collected by the FMCSA, the requirement of ELDs did reduce the number of hours-of-service violations. As stated by the FMCSA, one main goal was to “improve roadway safety by employing technology to strengthen commercial truck and bus drivers’ compliance with hour-of-service regulations that prevent fatigue.” 1 In other words, the FMCSA believed that electronic tracking of a driver’s hours-of-service would be more accurate and, therefore, safer. On December 15, 2015, the Federal Motor Carrier Safety Administration (FMCSA) made electronic logging devices (ELDs) mandatory for non-exempt commercial drivers. Inaccurate recording of hours-of-service in paper logs or log fraud was common. If ignored or undiscovered by the motor carrier, these violations are used as evidence of negligence against the company.įor many years, CMV drivers used paper logs to track hours-of-service. While there are many tactics used, commonly, these attorneys look for violations of the limits imposed on a driver’s hours-of-service. This tactic is often accomplished by painting a picture of a negligent company that forgoes safety for the sake of profit. Now, Plaintiffs’ attorneys are finding larger verdicts and settlements by aiming the case not toward the driver alone but also against the motor carrier. Gone are the days when a collision involving a commercial motor vehicle (CMV) became a case of negligence against the driver. ![]() The industry is under attack by Plaintiffs’ attorneys attempting to elevate what was once treated as simple auto accidents into high-dollar lawsuits. By: Nate Henderson, are all familiar with the changing climate in trucking.
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