Friday, August 30, 2019

Be Uniquely You, No matter what!


There’s something to be said about people that stick to their true morals no matter what the situation holds.  That’s not always the easiest thing to do.  Yes, I am speaking from past experiences.  Personally, in the past, I have been known to be a “Yes man”. If the boss wanted it done I would just buckle down and do it exactly how they wanted it done.  If they said we need this done in a week and there were 80 hours of work, I would work late and get the project completed by the date. (Sound familiar)  Let me tell you where this got me. Absolutely nowhere.  I never got the promotion. I never got the opportunity to spend extra days with my family. I didn’t even get extra pay because I was a salary. 

I have a new way of approaching things now and it seems to be working for me.  When a manager comes up to me and says “I need this done this way” and I immediately see an easier method to accomplish the task.  I ask why it has to be done exactly the way they want it completed.  If their answer is (and it almost always is), “Because I want it done this way.”  I immediately start looking for new means of employment, while completing the project the easier way.  You see life is too short to spend every second doing things you don’t want to do, or doing them a certain way because the boss wants them completed in an antiquated fashion.  I don’t allow myself to be left in those situations for very long, I start exploring my options immediately.

Here’s what I’ve noticed since starting these new tactics.  Every good leader says, “Great thinking I loved how you handled this situation”, or “Great job how did you get it done so quickly, it would have taken me twice as long”.  I have also had some “bosses” (a boss is not a leader, but that’s for a different bog. Lol) get after me, “Why didn’t you do this exactly the way I told you to.” “What makes you think that you are so smart, you must feel like you deserve my job.”  These types of individuals aren’t folks that I want to spend much time around.  To be extremely honest, they are more likely than not threatened by having you work under them. I can’t help them grow and they definitely can’t help me grow. 

So what are you waiting for, take control of your situation? Stop riding the train, it’s going to the same depot as everyone else who’s on it.  Jump out of that train and walk the path to true success.  It may take a bit longer.  It might be a bit tougher.  In the end, you will be so much happier throughout the entire journey.  It’s not about how fast we can get to the final destination, it’s about the experiences that shape us along the way.  God has a plan for every single person on this earth.  We were all put here for a reason and it wasn’t by accident either.  He took the time to design us as individuals and cares for each and every one of us.  The bible proves this true in several verses. He explains this in Luke 12:6&7, Are not five sparrows sold for two pennies? Yet not one of them is forgotten by God. 7And even the very hairs of your head are all numbered. So do not be afraid; you are worth more than many sparrows.  He also talks about it in Jeremiah 29:11, For I know the plans I have for you, declares the LORD, plans to prosper you and not to harm you, plans to give you hope and a future. 

God knew us before we were conceived. He knew who we were and what his purpose for us is.  Not all of us have the same purpose. I thank the good lord for that every day.  I have chosen to take the path less traveled, knowing that every mountain that he helps me climb is shaping me into the person he NEEDS me to be.  Knowing that everything happens for us, not to us.  Knowing that God is in control and I enjoy understanding that “if God is for us, who can be against us”.

Stay strong and know that every season of our life has a reason.  God is shaping us to be better, every day.

In the comments tell how you react to similar situations.

God is Great all the time.  All the time God is Great!

Until next time, stay strong and be uniquely you.

Wednesday, August 14, 2019

Change is in the Air for Hours of Service


On august 14th the FMCSA published their long awaited proposed rule changes to the Hours of Service (HOS) regulations.  They have proposed five new rule changes that will have all industries celebrating and ELD providers may be scrambling to update their program.
  • First, when operating in adverse driving conditions  as described in 395.2 drivers will be allowed to operate up to an extra 2 hours. (395.2 Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.)
  • Second, all Short Haul Exempt (SHE) drivers would now have 14 hours to return back to their initial reporting locations.  SHE drivers operating CDL vehicles will be allowed an extra 2 hours of on duty time in their day and remain short haul exempt.  Part 2 of the SHE regulation change is that all drivers would be allowed to travel within a 150 air mile (172.6 statute miles) and remain SHE.  Thus equalizing non-CDL CMV drivers and CDL drivers for this exemption.
  • Third, increase flexibility for the 30-minute break rule by requiring a break after 8 hours of driving time (instead of on-duty time), and allowing the requirement to be satisfied by an on-duty break from driving, rather than requiring an off-duty break.
  • Fourth, Drivers could pause their 14-hour time clock by taking a minimum of 30 minutes and a maximum of 3 hour off duty break. Provided the driver take a full 10 hours off at the end of their work shift.
  • Fifth, the Agency proposes to modify the sleeper-berth exception to allow drivers to split their required 10- hours off duty into two periods: one period of at least 7 consecutive hours in the sleeper berth and the other period of not less than 2 consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver's 14-hour driving window.


These proposed rule changes are much needed as the HOS regulations have only been tightened making it harder for companies of all sizes to function.  FMCSA is stating that this particular regulation overhaul will pump approximately 217 million back into the economy annually!  If you break that down even further, it calculates out to over $127.00 per driver annually.

Now is the time to make a comment. Don’t wait till the last minute to read this 129 page proposed rule making.  Everyone will have a total of 45 days to make comments from 8/14/2019.  If you have any questions about this rule or others please reach out to us @ info@eclipse-dot.com. 

Thursday, August 1, 2019

Diving into Exemptions

The best way to explain DOT regulations is, they’re like an iceberg!

I wasn’t thinking about huge and massive, or cold-hearted and boring. But both of those seem to fit when you start looking at the them. I was talking about how most of the regulations you don’t see, until your cited for one. Identically most of the iceberg is under the water and you don’t see it until you look for it. Also an iceberg has lots of nooks and crannies, even though it looks smooth from a distance there’s still lots of imperfections. Just like the regulations.


My personal opinion is that the federal government wrote the regulations with those imperfections on purpose. The hardest part is understanding how they can help your company. There a pretty good chance that there are some exemptions that your company qualifies to utilize. Today we are going to break down a few of the most common “loopholes”.


Let’s start with the Agriculture exemption, this can be found in section 395.2 of the CFR. Really what its saying is that all agriculture is exempt from all regulations as long as the driver stays within a 150 air-mile radius of the source of the product. It also states that if you are supplying supplies to a farm from a wholesale or retail vender within a 150 air-mile radius from the distribution point you are exempt from HOS. There are no limitations imposed to specific carriers to this exemption. So it could be applied to someone who is delivering pipe for irrigation, a feed mill, the farmers, ect… One of the most common asked questions is what if my destination is over 150 air-miles away from the source, then what do I do? In 395.1(k)(1) it states that HOS limitations do not take effect until after you cross the 150 air-mile threshold. After that threshold then the drivers HOS would start from 0 hours worked.


The short haul exemption (SHE). This exemption is pretty straight forward. If the driver starts and reports back to the same location within 12 hours, stay within a 100 air-mile radius of that location, and is operating a CDL vehicle then they qualify for SHE. Or if the driver is operating a non CDL commercial motor vehicle (CMV) and reports to and from the same location within 14 hours and stay within a 150 air-mile radius of their start/end location, they also qualify for SHE. Actually all that SHE does is disables parts of the hours of service regulations for the driver. The driver no longer needs to keep track of their drive time, on duty time, ect… There are a few things a company you must do to comply with SHE regulations. First you need to be able to provide the drivers start time, end time, and total time, as well as the unit the driver was operating. On the flip side the driver still has to have 10 consecutive hours off duty and they are not allowed to operate a CMV after being on duty for 70 hours in 8 days or 60 hours in 7 days (depending on how the company operates). The driver still has to be properly qualified. More can be found in CFR 395(e)


Utility exemption 395.2. Any vehicle that is used in repairing, maintaining or operating facilities necessary for the delivery of services to the public can utilize this exemption. In layman’s terms if the company is working with, gas line, electric, water, sanitation, television, communication lines, ect... the company can qualify for this exemption. With the utility exemption the driver is exempt from all HOS regulations. They must be properly qualified and their DQ file needs to be up to date.


What is oilfield equipment and do I qualify for that exemption? In the energy industry there are always loads of questions around this. The best way to describe oilfield equipment is anything that is used in construction of the oilfield in any shape or form. If a company hauls heavy equipment to or from a pipeline or well pad, then they qualify for the exemption. Not the waiting time, but the 24 hour reset. This allows drivers to utilize the 24 hour reset for their hours instead of the 34 hour. If the company has trucks that are tied to the well head in any fashion, that company would also qualify to be able to utilize wait-time. More information on this exemption can be found in CRF 395.1(d)


The most common question I get from drivers across the country is why do I have to follow all of these regulations when there’s an “old” guy driving an enormous 3 axle motor-home, pulling his jeep, pulling a boat. Why doesn’t he have to follow the same regulations. The answer is they don’t because the federal government wrote an exemption from all driver qualifications, and hours of service regulations for anyone who is operating a recreational vehicle.


If you are interested in other exemptions from HOS then check out 395.1. I always suggest that every company studies the federal regulations. Everyone needs some good material that will put you to sleep.

Wanna talk more about exemptions?  Let's open that line right here.

Everything you want in life is one relationship away

Regulators, Enforcement, and Industry in the same room, for a FULL WEEK!


This week I had the opportunity to attend the CVSA Workshop in St Louis, MO. It was a great week! FMCSA Administrator Martinez attended the first few days, and I was able have him answer some of my personal questions about where FMCSA will be heading in the next few years. Throughout the week there were also many different FMCSA high level personnel that attended. This was a great networking opportunity, I mean where else can you find high level enforcement from across the United states and Canada, as well as industry, and FMCSA in the same room. Below are some of my takeaways from the week that I believe will affect every transportation company across the nation.


• CCMT, Canada Transportation plugged their white paper on distracted driving. This document is getting international attention. Personally I’ve read it and feel that it has lots of valuable information. 
• The Drug and Alcohol clearing house is set to take effect 1/6/2020, it will be required that all employees make an annual query for every DOT drug tested driver. Also note that all new drivers must log into the website (yet to be released) and give each employer permission to view their results. The MRO is responsible for uploading failed tests, the Company is responsible for uploading refusals. Last note is that all new drivers must be checked prior to releasing to operate a CMV.
• New HOS regulations were submitted by DOT Sec. Chao, FMCSA at this time cannot give details about the recommendations. They did mention several times to refer back to the September / October comment period.
• 6/4-6 will be the international road check week. This year enforcement will be focusing on steering and suspension components. 2020 was discussed, and the possibilities of having distracted driving / driver credentials being the focus for that week.
• Brake inspection week will be held 9/15-21. This years focus will be on brake lines / hoses.
• Safe Driver week will be 7/14-20. Focus on distracted driving with emphasis on hand held devices.
• CSA’s are being revamped to an IRT program. This is in the testing phases now.
• DataQ will be receiving a facelift in the near future. Look for changes, if you have anything that you would like to see from the website (ex: reports, user friendliness, ect..) now is the time to reach out to FMCSA @ DataQs@dot.gov
• There cannot be any hazmat inspection done on a level 3 inspection. If you have any of those you should DATAQ them ASAP.
• In 2020 there is discussion of a hazmat blitz week being added to the CVSA push for enforcement.
• CVSA is looking at the possible sending a letter to the FMCSA stating that supervisor drug and alcohol training should no longer be a lifetime training but need to be reoccurring every 3 years. 
• CVSA recently released their 2019 out of service criteria book / app. You might consider having a few of these on hand to help your fleet employees, the ones who are working on your CMV’s. Also it would give you more training opportunities on the topic of vehicle maintenance throughout the company.


This is a high level overview of the information for the workshop this week that might affect your company. The D&A clearing house was a hot topic discussed by many members of the FMCSA throughout the week. I personally recommend that everyone in industry make an effort to attend the CVSA meetings and workshops because of the networking opportunities across North America.

Want to discuss more about this?  Click here to reach me.

"No Violations" NO PROBLEM

A Sure-Fire Way to Pass A Roadside Inspection

We’ve all failed a roadside inspection in the past but that’s not going to stop us from driving. So let’s wipe away those tears and pull up our big girl panties and keep on trucking. 
There are a few things that you really need to know about passing a roadside inspection. I know what you’re thinking, “Everyone has an article on this.” We are going to let you in on some of our secrets that not everyone knows.


First off attitude is everything! If you get pulled into a weigh station or roadside inspection area, don’t get stressed. Go ahead and put on your “Yes Sir / Yes Ma’am” hat and get that inspection started. Officers are just like everyone trying to make a living and support their families. So let’s quickly shed the “they don’t like me attitude” and show them some respect. In turn they will respect you. It sounds crazy but start the inspection off by seeming somewhat excited for the opportunity to get inspected. In a lot of the companies we have helped we have initiated an incentive plan for No violation inspections. In all out honesty the drivers for those companies are truly excited for the opportunity to get an incentive. When the officer finds an issue don’t argue, or banter with them. Simply say “Yes Sir”, fix the issue and move on. Don’t forget to take pictures of all violations. There’s a few things that this does to help both the driver and the company. First off if the violations are bogus you now have picture proof. There’s not much better evidence than a picture.


A lot of enforcement officers will ask the driver for their credentials and the paperwork for the unit. If there are no issues, there be sure to ask them for your level 3 inspection paperwork. This not only helps the company but also helps the officers with any MCSAP funding their department might be receiving.


Before you ever get to the inspection take the time to invite the surrounding law enforcement agencies to your yard and have a conference with your employees. I know there’s a couple of guys out there right now reading this saying “No way, this guy’s crazy for even suggesting that I invite the cops into my yard!” Again we are going to say that law enforcement officers are just people trying to do their job. As soon as we change that mind set we will be so much better off as drivers and company leaders. By inviting them into your yard it shows your hand (or at least the cards you want them to see). While they are there asking them to provide some feedback from what they’ve seen in the field lately. Listen to everything they have to say. You’ll probably see a trend in violations. As a company you should start targeting those violation trends in your own fleet. Also provide the officers with the vital information that you offer incentives for no violation inspections. They will ask the drivers about this at the roadside inspection, so don’t lie. One of the most important things this does is it starts the relationship between your company / drivers and local law enforcement. Who knows you might even be on a first name basis in the very near future.

The last action item we’d like to mention is encourage your drivers daily to make smart choices. Encourage them to be a step above the rest of the drivers in the industry. Make every employee of your company feel as though they play a vital role in the companies well-being. Because let’s face it without all of our employees we would be nothing more than an one person show working our butts into the ground for a dollar.


If you start following these few short objectives your drivers might start looking forward to going through the port of entry, and maybe even a little disappointed when its closed. Your DOT scores will rapidly improve, you’ve built a relationship with people who enforce the regulations, and added to the foundation of your company.

If you want to talk about your DOT program, I'm here to help!