Hotshots Requesting Accurate Info From DOT Officers Who May be Here...

Discussion in 'Expediter and Hot Shot Trucking Forum' started by SMBdriver, Dec 27, 2011.

  1. SMBdriver

    SMBdriver Light Load Member

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    There are some questions unique to hot shot trucking that a lot of us bounce around but never come to any conclusion if we're right or wrong in how we see them.

    And we just about all have our own individual opinions which is interesting but doesn't get us any closer to the actual right answer.

    If there's a DOT officer hanging around who has time to kill and who wouldn't mind fielding some questions, we'd sure like to have some answers and be pointed in the direction of the supporting statutes...
     
    NWMAXI Thanks this.
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  3. mgfg

    mgfg Road Train Member

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    DieselBear and Scalemaster are two members here that can answer your questions.
     
  4. SMBdriver

    SMBdriver Light Load Member

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    Exactly who I'm trying to lure in. I figure this way they'll see it, get curious, and viola! We'll be able to settle some of our most puzzling DOT questions.
     
  5. dieselbear

    dieselbear Road Train Member

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  6. SMBdriver

    SMBdriver Light Load Member

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    The first question is one often asked and argued over.

    Does a DOT officer have the authority to ask for motel receipts from hot shot drivers, and what statute does this topic fall under?
     
  7. SMBdriver

    SMBdriver Light Load Member

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    And thanks dieselbear, I hoped you were out there somewhere nearby!
     
  8. dieselbear

    dieselbear Road Train Member

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    I ask for them, no different than toll receipts and fuel receipts. That is part of your supporting documents that the carrier must retain. Just like BOL's, fuel and toll receipts.

    Here's where I found this:
    http://www.fmcsa.dot.gov/documents/rulesregs/hos/FMCSA-2010-0168_signed_notice_updated_508.pdf

    Supporting Documents Requirements for Motor Carriers without Qualifying Electronic Mobile Communication/Tracking Technology

    Supporting documents are motor carriers’ records that are maintained in the ordinary course of business and may be used by the motor carrier to verify information recorded on the driver’s RODS. On April 4, 1997, as part of a set of guidance and policy statements, FHWA, FMCSA’s predecessor agency, published a list of more than thirty examples of supporting documents that motor carriers needed to retain pursuant to 49 CFR § 395.8(k)(1) (62 FR 16370, 16425) (Guidance Question 10). Based on its enforcement experience since 1997, FMCSA recognizes that certain documents in that list are not regularly used by enforcement staff to verify the accuracy of records of duty status (RODS) and that requiring motor carriers to retain these documents is no longer 6
    necessary. FMCSA will therefore no longer consider the following to be "supporting documents" and will not require motor carriers to maintain and produce such documents pursuant to 49 CFR § 395.8(k)(1):
    • driver call-in records;
    • international registration plan receipts;
    • international fuel tax agreement receipts;
    • trip permits;
    • cash advance receipts; and
    • driver fax reports (cover sheets).
    The Agency rescinds the list of examples of supporting documents in the April 4, 1997, Guidance Question 10 and provides the following updated, shorter list: bills of lading, carrier pros, freight bills, dispatch records, electronic mobile communication/tracking records (as explained below), gate record receipts, weigh/scale tickets, fuel receipts, fuel billing statements, toll receipts, toll billing statements, port of entry receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, driver and vehicle examination reports, crash reports, telephone billing statements, credit card receipts, border crossing reports, customs declarations, traffic citations and overweight/oversize permits and traffic citations.

    Motor carriers without qualifying electronic mobile communication/tracking technology must continue to retain other supporting documents that may be used to verify information on the driver’s RODS.


    Now 395.8 interpretations:

    Question 10: What regulation, interpretation, and/or administrative ruling requires a motor carrier to retain supporting documents and what are those documents?

    Guidance: Section 395.8(k)(1) requires motor carriers to retain all supporting documents at their principal places of business for a period of 6 months from date of receipt.
    Supporting documents are the records of the motor carrier which are maintained in the ordinary course of business and used by the motor carrier to verify the information recorded on the driver’s record of duty status. Examples are: bills of lading, carrier pros, freight bills, dispatch records, electronic mobile communication/tracking records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, toll billing statements, port of entry receipts, cash advance receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, driver and vehicle examination reports, crash reports, telephone billing statements, credit card receipts, border crossing reports, custom declarations, traffic citations, and overweight/oversize permits and traffic citations. Supporting documents may include other documents which the motor carrier maintains and can be used to verify information on the driver’s records of duty status. If these records are maintained at locations other than the principal place of business but are not used by the motor carrier for verification purposes, they must be forwarded to the principal place of business upon a request by an authorized representative of the Federal Highway Administration (FHWA) or State official within 2 business days
     
    SMBdriver, bullhaulerswife and NWMAXI Thank this.
  9. SMBdriver

    SMBdriver Light Load Member

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    Thank you dieselbear, that's exactly what I was looking for. I won't swamp you with questions as I'm guessing the other hot shotters on here will have questions of their own.
     
  10. Roadmedic

    Roadmedic Road Train Member

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    You should have given him a link to the other one where they were so adamant.
     
  11. dieselbear

    dieselbear Road Train Member

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    From my experience a lot of hot shoters I get have a big misconception of what they need.
     
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