u/Armchair-Attorney

She looks ridiculous in the first pic as a puppy, but she remains adorable. Libby is a mini Aussie that is well loved!

🚨 Major step forward for trucking safety and fair competition.

The GHOSTRUCK Act (Guarding Hours-of-Service Oversight and Stopping Tampering by Remote Unofficial Carrier Keeper Act), also known as the Ghost Truck Act, was recently introduced in the U.S. House by Reps. Greg Steube (R-FL) and Dave Taylor (R-OH).

This legislation directly targets a growing problem: remote manipulation of Electronic Logging Devices (ELDs) by foreign-based dispatchers and actors. It would require that all edits or annotations to ELD records be made only by carriers, dispatchers, or drivers physically located in North America, while still preserving the driver’s right to approve any changes.

It’s about time.

The legislation closes a dangerous loophole that has allowed overseas manipulation of hours-of-service (HOS) logs. Practices like adding “ghost drivers” or retroactively editing logs have been used to push drivers beyond safe limits. Fatigued driving puts everyone on the road at risk, and gives dishonest operators an unfair advantage over compliant carriers and drivers who play by the rules.

Major industry groups including the American Trucking Associations (ATA), OOIDA, Truckload Carriers Association (TCA) Association, and others have voiced support, recognizing this as a meaningful step to strengthen enforcement and protect public safety. ELDs were implemented to save lives. This bill helps ensure the system works as intended, without foreign interference undermining it. 

Link to the bill:

https://www.congress.gov/bill/119th-congress/house-bill/9369/text?__cf_chl_f_tk=HBDfeOQjtKqVNxR7XU9siWDmgzdp8A6a3OI_VMnXGS8-1782751537-1.0.1.1-RzUzVPRKZH7a97PBNwamvkpZEV5g2cEIQ0.q01XmLvw

Our boy-girl twins are nearly four. Older sons are 10 & 13. It goes fast, but Father’s Day Weekend has finally arrived!

I’ll go ahead and put Soldier Boy back on ice.

Well I can post it right back here, buddy!

In light of Montgomery, this is the question everyone is asking. Same goes for what is a reasonable vetting process. Only answer is litigation.

With liability beyond!

I made this comment elsewhere, but I wanted to reshare a ms a post.

Of course I need to be on the road when SCOTUS drops Montgomery! There are a lot of opinions about the ruling, and I have some thoughts as a board my flight home.

What you see here is an excerpt from the concurrence by Justice Kavanaugh. He says, “[F4A] does not preempt state tort suits against brokers who negligently arrange truck transportation with an unsafe carrier.”

Two big questions: what is negligent arrangement and what is an unsafe carrier?

Let’s start with the second question first. What is an unsafe carrier? Is it a safety score with the FMCSA? Probably not. Why? Because 94% of carriers don’t have a safety score with the FMCSA. So what is it then? Practically speaking, an unsafe carrier is the one that is an accident. Put another way, we don’t know you’re unsafe until after the event.

Ok. What is negligently arranging? It’s a duty to use reasonable care to select a motor carrier. Can you rely on government data alone? Obviously not. Is it using the myriad of vetting technologies like Highway or GenLogs? Is it getting trade references? We don’t know. Not yet anyway. We need more lawsuits to establish the standard.

Is this a case big? Absolutely. SCOTUS doesn’t take cases unless they have profound implications to the country. We just don’t know yet how big the impact will be. But brokers are playing the same game with new rules. Time will tell.

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...for commercial vehicles is pretty depressing. Gear up, May 12-May 14 will be here before you know it!

Nothing quite like watching our twins holding hands and running down the path! It goes quick!!