A UPS driver was assigned a truck that did not have an ELD or a permanent mount for a portable ELD. He refused to drive the vehicle as this would violate the FMCSR that the company provide an ELD or a permanent mount in a fixed position for a portable ELD. He was promptly fired. He filed a whistleblower complaint against the company. He, of course, won and will receive over $47000 in back wages and punitive damages. Also, he gets his job back with no loss in seniority or insurance. The company also will remove all references to this from his record, post notices all over about driver rights and retrain management on the law. I LOVE IT!
Drivers: Do not violate the law for any reason. The government will back you up on this stuff. You have to do certain things under the law and so does the company. If they don't, simply REFUSE TO DRIVE THE TRUCK. If you feel you are being coerced to violate the regulations, document everything you can, save messages and file a complaint HERE. Don't let them force you to break the law, ever. Companies need to provide a truck that is safe and meets all the requirements of the law, including this one.
Remember, if you are using your phone as an ELD is must have a permanent mount, it cannot be in the cup holder or just sitting there. It does not meet the requirements of an ELD and you can be cited for not having a log and put out of service.
See you on the road!
Hi! Welcome. I'm Mark and I've been a professional truck driver for over 33 years, the last 19 years at the same company. It is time that drivers got paid for every minute that we work and we are treated like the licensed professionals we are.