Industry update: Preventing driver coercion, ELD news, and more

On this day in history:

On December 22, 1900, the first Mercedes was delivered to its owner.

ELD news: Some states grant leniency until April

Which states are going to be big time enforcers of the regulation now? Which will wait? While no one is advocating that drivers and carriers run the risk of citation or fine until April 1, according to CCJ, several states are going to give leniency up to that April 1 date. Other states plan to leave the decision in the hands of their agents in the field, including State/Highway Patrol and Port of Entry personnel.

Reporting driver coercion

While the ELD mandate is unpopular for a various number of reasons, the re-write of Transportation Code should not be one of those reasons. Per the 2015 re-write of 49 CFR (Code of Federal Regulations regarding transportation), drivers have been protected from driving when they do not feel like it or are out of hours.

386.12 goes into great detail about what is considered coercion, 390.3(a)(2) goes into the general applicability, 390.5 defines coercion in great detail, 390.6(a)(1) and (2) talk about its prohibition and 390.6(b)(1), (2) and (3) go into detail about how a driver can register their complaint of coercion and how it is handled. 395.3(e) talks about coercing a driver to make false data entries regarding duty status and 392.3 talks about forcing a driver to drive when they are sick or are out of hours. Brokers, shippers, receivers, and carriers all need to know the above rules.

Amtrak disaster may call autonomy into question

Earlier this week, an Amtrak train derailed in Washington State. Despite having a speed regulating device, this train was still going 50 miles-per-hour over the speed limit. What happens when this is an 80,000 pound vehicle on a road during rush hour traffic in Los Angeles, New York, Chicago, or Atlanta? While technology may be able to grant us the autonomous vehicle now, has it really been perfected enough to actually be allowed on the roads? Will lawmakers see the potential dangers and regulate accordingly? What do you think? Sound off on our Facebook page!

Truck tech: UPS, Pepsi join Tesla waiting list

Tesla’s order this week was even bigger than last week’s order from Anheuser-Busch. According to CNBC, UPS has placed an order for 125 vehicles, sending the total number of reservations for the Tesla big rig to 400. Pepsi also placed 100 vehicle reservations. These three companies join, J.B. Hunt, Walmart, DHL, and Sysco who have also put in reservations. Tesla has also pushed reservation capability out to the European markets.

Until next time, Merry Christmas, and keep your shiny side up!

There was plenty of other information rolling through this week. If you have any questions or concerns, please don’t hesitate to let us know – email us at


Regulatory Affairs Analyst Jeremy Feucht follows the latest political and legislative processes, along with their potential effects, on the trucking industry. He has worked in the U.S. Senate and has served as a member of Planning and Zoning, City Council, and Urban Renewal boards.