Legal Question

Discussion in 'Trucking Industry Regulations' started by crackinwise, Oct 30, 2014.

  1. crackinwise

    crackinwise Medium Load Member

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    There are some great options out there for smartphone logging apps, Big Road being one of them. My qusetion is that if I hand my phone over to DOT so they can look at my daily log am I also opening my phone to inspection? For the law to inspect your phone they need a subpeona but when you are using it as a device to meet DOT regulation on log books I wonder if that now makes the entire device subject to a search.

    Nothing crazy on my phone but I dont like the idea of surrendering my right to privacy because of a convienent logging app.
     
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  3. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Lets say you do hand it over and the inspectors walks into the back room, so now what ? You have no idea what they're doing back there, right ?
     
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  4. crackinwise

    crackinwise Medium Load Member

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    Exactly! So even if they are not allowed to look any further then you logging app but he walks off with your phone how do you know what hes up too
     
  5. tangerineGT

    tangerineGT Road Train Member

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    Its simple really. Buy a tablet , download the app and use hot spot from your phone for the tablet .

    You can buy a cheap tablet anywhere for under 100 bucks.

    Or , just erase all the nude photos off your phone ..:biggrin_2559:
     
  6. Scalemaster

    Scalemaster Heavy Load Member

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    Then don't put DOT required HOS information on your personal smartphone! Use a cheap tablet, like others said.

    Be aware - with Bigroad and Keeptruckin apps and such - NON-AOBR - you must be able to PRINT your previous day logs upon request. On YOUR printer - not fax or email. That is the DOT requirement.

    With these apps becoming very popular it is becoming quite common here at the scale. However, we do NOT like to handle any electronic device of yours, liability issues and all. Much easier and safer to deal with printouts.
     
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  7. roshea

    roshea Road Train Member

    I thought the logs had to be printed for each previous day and kept in the truck 7 days like any other paper log? The on device log only being acceptable for the current day. And the poster's question can be expanded to using a computer based programs such as Drivers Daily Log or Eclipse Logs. You hand them your laptop to inspect so then what can the legally view on your device? You voluntarily handed it over, have you consented to a search by doing so? This is actually a pretty good question as more carriers go to a compliant ELD system that utilizes the drivers personal phone or tablet that which connects wirelessly to the ELD hardware.
     
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  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    ...not only that, but when a citation is issued for a log violation and the officer seizes the logs in question as evidence, I'm sure you'd prefer to have them keep a piece of paper rather than your smartphone or tablet...

    Why do folks these days feel as though the good old fashion paper logs are more than they can handle? Whether it is an on-board recorder or a tablet/smartphone app, you STILL need to fool with it to update your duty status and note your BOL, etc. I've had plenty of issues with computers crapping out or electronic gadgets not doing what I want them to...never have that problem with paper. As long as my pen has ink, it works...and if my pen runs out, I've got another one clipped to my visor.
     
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  9. crackinwise

    crackinwise Medium Load Member

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    I currently work for a municipality and everything is public record. When an employee decides to use a personl computer to do city business it could open the door to their personal computer now being considered public record. Granted no one wants to cross that bridge because it can lead to a major legal battle but Im sure at some point an over zealous DOT officer will decide to search deeper on a handheld device and start the debate.

    Your right to privacy has already been tossed out the window with cameras, GPS recordings and smartphones tracking purchases and locations. Its easy to say "Well dont use your phone then" but the point is no matter what you use are you opening ALL of the data on the device to a search since you now consider it a record of duty for a commercial vehicle? A lot of drivers mentioned that they use these apps to record their logs so it might be worth looking into before you get to be the lucky dog caught in the middle of a privacy fight because you got pulled over by super cop.
     
  10. TankerYankr

    TankerYankr Medium Load Member

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    I know that you have stated this item several times and, the law states that the ability to print the past 7 days on request exsists but, where does the law specify that it must be on the drivers computer?

    Wouldn't it still be printing coming over your fax?

    Just wondering if this is a local interpetation or the law acually states that it must be on the drivers printer?

    Has this been fought in court yet?
     
    Last edited: Oct 30, 2014
  11. Scalemaster

    Scalemaster Heavy Load Member

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    FMCSA guidance issued in July 2014, #39842, "Regulatory Guidance Concerning Records of Duty Status Generated by Logging Software Programs" says that, even in the case of an electronic signature:

    "If the enforcement official requests printed copies of the RODS, the driver must be given an opportunity to print the current and prior seven days RODS (if required on those days) at the time of inspection." (emphasis mine)


    Basically, "the driver must... print". Not fax, not email. You cannot assume I have a fax machine (I don't) or an email you could send something to (I don't). (this is not a truck stop, I do not promise to have those services)

    Besides, as has been mentioned, do you really want me to have to seize your tablet or smart phone as evidence if I issue a citation on your logs? I would rather have it on paper, and so would you.
     
    Last edited: Oct 30, 2014
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