CSA 2010: The data

how many points before you are declared unfit?

 

I have heard from numerous sources that they're checking log compliance versus satellite tracking data (at my company, QualComm). We have documented cases of the QualComm showing trucks more than 300 miles from where they actually are. How can they use something like that to check my logs?

And this is a serious question. If someone can tell me, I'd appreciate it.

 

Here is a link on it, I will get the regs in just a bit.

http://www.trustheart.com/news-bull...of-gps-logs-for-hos-audits-qualcomm-exec-says


http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkkey=09016334800232af

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, driver call-in records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, international registration plan receipts, international fuel tax agreement receipts, trip permits, 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, CVSA reports, accident reports, telephone billing statements, credit card receipts, driver fax reports, on-board computer reports, border crossing reports, custom declarations, traffic citations, overweight/oversize reports and citations, and/or other documents directly related to the motor carrier's operation, which are retained by the motor carrier in connection with the operation of its transportation business. 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 FHWA or State official within 2 business days.

 

That's all fine and good. But everyone is telling me they'll be able to say I was logging falsely when the QualComm shows me in Show Low when I'm really in Phoenix? (Really happened) And the driver who was in Phoenix but the box showed him in Winslow.

Just seems like there's too much error in that system for comparing it to logbooks.

 

If your driver info is pulled during the audit, and they check it out and see that you were like you said. You will receive a false log charge.

 

I wonder if this can be fought on constitutional grounds? Are any of the big truck driver orgs looking to fight this? Are they wanting this?

And so retroactive means anything for the past 2 years on the drivers as well? I didn't even know they kept that kind of data on drivers...

 

They probably have a lot more data than that but those pesky laws about spying on the citizenry keep getting in the way.

 

I've said it before but it bears repeating:
CSA 2010 is RETRO-ACTIVE (goes back 24 months into the past), It is an example of DOUBLE JEOPARDY (punishes drivers twice for 1 offense), and will deprive drivers of DUE PROCESS (no judge, jury, or trial needed and a driver can LOSE HIS AUTHORITY TO EARN A LIVING!)
Where is OOIDA ON THIS? Anyone remember the ACLU? Screw it! Who cares if a bunch of dirt bag truckers lose their civil rights???
Talk is cheap, we need to do something!!!

 

The promiles software they use to check driving times should prove the Qualcomm info has to be wrong

 

It is possible, but what if he was in fact in a different place than the qual comm showed?

They would then be checking times on the fuel stops and load info.