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Alabama and FMCSR 395.8

Discussion in 'Trucking Industry Regulations' started by Injun, Nov 13, 2010.

  1. Nov 13, 2010 #1
    Injun

    Injun Road Train Member

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    FMCSR 395.8:
    Many companies use TripPak and TransFlo scanning to receive paperwork, including Driver Daily Logs, from their drivers in the field. In order to reduce the cost of paper and printing, maybe save a few trees, Swift has gone to a two-day-per-page, non-duplicate, loose-leaf sheet for its logs. I'm sure they aren't the only ones. Along with this, Swifties are required to carry a "permission slip" of sorts that exempts us from having to make duplicates of our DDLs in the truck and then toss one out. The supposition is that the log is duplicated when it is scanned in to the company. They have a copy, we have a copy. It is, therefore, recorded in duplicate.

    Alabama has been writing tickets for this. Apparently, they didn't get the memo that there is a duplicate, it's just not prepared on paper, per se. I went through and through FMCSR 395.8 and cannot find anything at all stating when the duplicate copy must be made. The original purpose of this rule was to ensure the company and the driver each had the copy of the DDL they were respectively required to keep on hand for inspection. This is being done via scanning now. Therefore, for Alabama to require a driver to prepare a second sheet of identical information the company already has is ridiculous. Alabama is requiring us to prepare our logs in triplicate.

    Du=a prefix based on a Latin word meaning two. Two copies are required. The scanned record the company receives is a copy of the original the driver has in his or her possession.

    Tri=a prefix based on a Latin word meaning three. This is what Alabama seems to think is required of us now.

    Just wanted to give y'all a heads up on this.
     
    Injun, Nov 13, 2010
    Injun, Nov 13, 2010
    #1
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  3. Nov 13, 2010 #2
    truckerx1

    truckerx1 Light Load Member

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    Maybe it is that you actually have the original and the original is supposed to be turned in to the company. Or maybe it is because at the time you are doing your log book you aren't making a duplicate. I don't know. Did you get the ticket or actually see the ticket or did another driver just tell you about it? It sounds like a trucker tale to me. Or maybe just one uninformed officer of the law. As long as you have today and the previous 8 days I doubt that there is much a cop can do and have it stick in a court of law.
     
    truckerx1, Nov 13, 2010
    truckerx1, Nov 13, 2010
    #2
    Injun Thanks this.
  4. Nov 13, 2010 #3
    Injun

    Injun Road Train Member

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    That's what I was thinking. Two Swifties have received this ticket that I know of. I have never been inspected in Alabama and don't end up on that side of the Big Crick much anyway.

    They may have received the tickets because they don't know how to talk to officers. I would simply tell the officer that there is a duplicate, at the office. It's up to him or her to pursue it from there.
     
    Injun, Nov 13, 2010
    Injun, Nov 13, 2010
    #3
  5. Nov 13, 2010 #4
    Injun

    Injun Road Train Member

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    Double post
     
    Last edited: Nov 14, 2010
    Injun, Nov 13, 2010
    Injun, Nov 13, 2010
    #4
  7. Nov 13, 2010 #5
    CondoCruiser

    CondoCruiser The Legend

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    Just as long there is a log to show DOT at the company and driver level, everything should be okay by logic. Anything else is a knit picking rule that needs changed. Alabama DOT needs to concentrate on real problems.
     
    CondoCruiser, Nov 13, 2010
    CondoCruiser, Nov 13, 2010
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    Injun Thanks this.
  8. Nov 14, 2010 #6
    ChromeDome

    ChromeDome Road Train Member

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    The rule was changed this past year for company's that are using scanning with the drivers keeping the original.
    I guess that Alabama never received the update for the regulation.
    Maybe we should look for the update and print a copy of it off, so you keep it with the letter swift gave you.
     
    ChromeDome, Nov 14, 2010
    ChromeDome, Nov 14, 2010
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    Injun Thanks this.
  9. Nov 14, 2010 #7
    123456

    123456 Road Train Member

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    I feel SO much safer know that 'bama is doing this !!!!

    Let me guess,

    in the name of safety, right ?
     
    123456, Nov 14, 2010
    123456, Nov 14, 2010
    #7
  10. Nov 14, 2010 #8
    ChromeDome

    ChromeDome Road Train Member

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    Ok, here is the link for the final rule.

    http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Regulatory%20Guidance%20Concerning%20the%20Preparation.aspx

    here is the rule.

    SUMMARY: The FMCSA announces regulatory guidance concerning the requirement for interstate commercial motor vehicle (CMV) drivers to prepare, in duplicate, a record of duty status for each 24-hour period. FMCSA has determined that the current requirement may be satisfied through the preparation of an original handwritten record, and subsequent electronic submission to the motor carrier of a scanned image of the original record; the driver would retain the original while the carrier maintains the electronic scanned electronic image along with any supporting documents.
    [[Page 32861]]
    The guidance is applicable to all interstate drivers of CMVs subject to the Federal Motor Carrier Safety Regulations (FMCSRs).
    DATES: Effective Date: This regulatory guidance is effective on June 10, 2010.
     
    ChromeDome, Nov 14, 2010
    ChromeDome, Nov 14, 2010
    #8
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