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I finally landed a trucking job I was enjoying. Then the November 2nd thing happened and qualcomms stopped working. The ELD in my assigned company truck hasn’t worked right and hasn’t been doing any of it’s tasks properly or correctly since November 4th.

As per FMSCA when the ELD malfunctions drivers are supposed to maintain their logs on paper or through compliant software (smartphone apps) but we can only do the paper logs for 8 days. The company has those 8 days to repair or replace the malfunctioning device.

The driver regulation when the ELD malfunctions:
What must a driver do if there is an ELD malfunction?
The company regulation when an ELD malfunctions:
What must a motor carrier do if there is an ELD malfunction?

My company didn’t even look at my truck or device. They said they know about the issue, it’s all of our trucks, and our shops can’t do anything about it.
So, I excluded days off so I can run longer (not sure that was the right thing to do – 8 days is likely 8 days whether you’re off duty or not), and on the 4th days I asked what are we to do if they don’t have this corrected by the time the 8th day of alternate logs expire. I was told not to worry about it – given a run-around answer, not an answer. I am worried about it! These are federal laws. And if I’m in violation –> I <— am responsible to pay the fine and I get an out of service scar on my record. I could not get a different answer from anyone.

So when the 8th day expired I refused to run. I stated that I cannot run legally. I would be in violation if I did. Literally seconds after I rejected the load with that note my phone was ringing asking why I was refusing the load, they obviously read what I entered as the reason for rejecting. He insisted I have hours and accused me of not understanding how logs and HOS works (I have been driving on logs since 1994…and to date have ZERO violations, ZERO accidents, and ZERO citations; I intend to keep it that way.). I explained that the 8 day 34 hour reset does not apply in this situation because the ELD is malfunctioning and the 8 day alternate logs has expired.

They insisted I’m not aware of how logs work, I have hours, and even though that day and the day after are my scheduled days off demanded I come in and run the load they dispatched to me. I had worked the day before from 5pm until 7am and then was being kept awake by them over all this from the time I got home until 2pm so I was awake nearly 22 hours with no sleep, I was tired, so I explained that: I’ve been up for 22 hours I just got off at 7am and you’ve been keeping me up with all of this since then. I cannot safely drive tonight because I am way too tired.

FMCSA Rules on ill or fatigued driving:
Safety Planner Content

So I had refused this load on two different FMCSA regulations. I would be in violation if I ran, and I was too tired.

The company person continued to threaten to mark the next two days as unexcused absences (the 2 days I’m scheduled off for weekly), placed me on hold so when I did go in on Saturday which is also my scheduled day off I wasn’t able to be dispatched, and I am to attend a disciplinary action meeting on Monday at 8am with this person.

This sounds exactly like Coercion:
Coercion

My questions I would like some input on are:
1. Am I right? Am I doing the right thing by refusing these loads or is he right and what I read directly from the FMCSA website isn’t correct, he’s right because ‘he’s a boss’?
2. What can they legally do? I’m assuming this guy is going to fire me on Monday.
– I have already filed an unemployment claim for being placed on hold and forced to not run and make money even if I legally could.
– I have also already submitted a coercion complaint with the FMCSA’s consumer database.

From what I can gather I am doing exactly as I’m supposed to. There have been NO press releases about Qualcomm’s now 14 day long malfunction stating they or carrier companies have been given an extension on the 8 day alternate log rule. There are 600 other compliant devices companies can replace the malfunctioning qualcomm’s with.

Why does it seem like I’m the only one in this situation when this qualcomm issue is industry wide?
From what I see the answer to that is some drivers don’t care about the laws and regulations. Other drivers don’t know the laws and regulations and just do whatever they’re told whether it’s truly the legal thing they should be doing or not (sheeple).

 

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