{"id":2762,"date":"2020-02-04T19:15:26","date_gmt":"2020-02-04T19:15:26","guid":{"rendered":"https:\/\/cantruck.ca\/lawsuit-alleges-major-shipper-and-freight-provider-edited-eld-to-break-hos-rules\/"},"modified":"2025-01-10T16:46:15","modified_gmt":"2025-01-10T16:46:15","slug":"lawsuit-alleges-major-shipper-and-freight-provider-edited-eld-to-break-hos-rules","status":"publish","type":"post","link":"https:\/\/cantruck.ca\/fr\/lawsuit-alleges-major-shipper-and-freight-provider-edited-eld-to-break-hos-rules\/","title":{"rendered":"Lawsuit Alleges\u00a0Major Shipper and Freight Provider \u2018Edited\u2019 ELD to Break HoS Rules\u00a0"},"content":{"rendered":"<p><span lang=\"EN-US\">A lawsuit in the U.S. is shining a light on ELDs that can be manipulated to sidestep hours-of service rules.<\/span><\/p>\n<p><span lang=\"EN-US\">The lawsuit filed by a Tennessee trucker accuses shipping giant<span class=\"apple-converted-space\">\u00a0<\/span>Amazon and one of its freight partners of \u2018coercing\u2019 him into exceeding hours of service rules for weeks in the lead-up to a crash which injured him.<\/span><\/p>\n<p><span lang=\"EN-US\">Driver Timothy Weakley filed the civil complaint in the U.S. District Court for the Western District of Washington on Jan. 15 against shipping giant<span class=\"apple-converted-space\">\u00a0<\/span>Amazon and one of its freight partners \u2013 Chicago-based AAA Freight \u2013 claiming they coerced him into working in excess of hours of service. Weakley claims he was injured after crashing into a concrete barrier, according to Land Line magazine.<\/span><\/p>\n<p><span lang=\"EN-US\">The lawsuit claims that AAA would \u201croutinely edit\u201d Weakley\u2019s electronic logging device to make it look like he was operating within hours of service regulations \u201cso that law enforcement or the Department of Transportation would be none the wiser.\u201d The complaint also alleges that<span class=\"apple-converted-space\">\u00a0<\/span>Amazon knew \u2013 or should have known \u2013 about the tampering because it requires its drivers to have an app on their phone that tracks their movements \u201cdown to the millisecond\u201d 24 hours a day, seven days a week.<\/span><\/p>\n<p><span lang=\"EN-US\">The complaint claims that when Weakley tried to complain he was told by his supervisor that the company sometimes has to bend the rules to appease<span class=\"apple-converted-space\">\u00a0<\/span>Amazon, and that if he couldn\u2019t do it he should find a new line of work.<\/span><\/p>\n<p><span lang=\"EN-US\">The lawsuit alleges a repeated pattern of coercion led to Weakley working multiple shifts prior to the crash in excess of 19, 21, and 25 consecutive hours, in violation of federal regulations.<\/span><\/p>\n<p><span lang=\"EN-US\">On Oct. 29, Weakley allegedly told AAA he was in an \u201cextreme state of fatigue\u201d due to the sheer lack of sleep,\u201d and that he planned to take his 34-restart to recover.<\/span><\/p>\n<p><span lang=\"EN-US\">But the lawsuit claims that Weakley only got 14 hours into his rest break before he was once again dispatched to pick up a load, and that he was given an ultimatum \u2013 either pick up the load or return his truck and trailer and find a new job. Weakley agreed to take the load, which required delivery in Cleveland on the morning of Oct. 31.<\/span><\/p>\n<p class=\"xxxmsonormal\">The concern with writable ELDs is being<span class=\"apple-converted-space\">\u00a0<\/span><a href=\"http:\/\/ontruck.org\/canadian-truckers-laud-final-eld-rule-including-third-party-certification\/\">specifically addressed in Canada<\/a>, which will<span class=\"apple-converted-space\">\u00a0<\/span>require all ELDs in Canada to be certified for safeguarding against tampering by June 2021.\u00a0Transport Canada had been consulting with CTA, provincial enforcement agencies,\u00a0committed ELD suppliers\u00a0and other industry stakeholders to make the additional safety improvements meant to maintain the integrity of the hours of service rule. The Canadian Trucking Alliance says\u00a0 this version of the ELD requirement will catapult Canada ahead of the U.S. in terms of highway safety and compliance.<\/p>\n<p><span lang=\"EN-US\">Weakley\u2019s lawsuit claiming coercion seeks damages in excess of $75,000, for medical expenses, loss of revenue, and loss of his tractor.<\/span><\/p>\n<p><span lang=\"EN-US\">Full<span class=\"apple-converted-space\">\u00a0<\/span><a href=\"https:\/\/landline.media\/driver-claims-he-was-routinely-coerced-to-violate-hos-for-amazon-freight-partner\/\">story here<\/a>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A lawsuit in the U.S. is shining a light on ELDs that can be manipulated to sidestep hours-of service rules. The lawsuit filed by a Tennessee trucker accuses shipping giant\u00a0Amazon&#8230;<\/p>\n","protected":false},"author":2,"featured_media":800,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[28,62,54],"tags":[813,267,71,1462,73,433,32,223,75,98,24,1463],"class_list":["post-2762","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-labour-hr-driver-shortage","category-operations-safety","category-technology-equipment","tag-amazon","tag-coercion","tag-compliance","tag-editable-eld","tag-elds","tag-electronic-logging-devices","tag-enforcement","tag-hos","tag-hours-of-service","tag-shippers","tag-supply-chain","tag-third-party-eld"],"acf":[],"_links":{"self":[{"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/posts\/2762","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/comments?post=2762"}],"version-history":[{"count":0,"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/posts\/2762\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/media\/800"}],"wp:attachment":[{"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/media?parent=2762"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/categories?post=2762"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cantruck.ca\/fr\/wp-json\/wp\/v2\/tags?post=2762"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}