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Discussion in 'Trucking Industry Regulations' started by iamdot, Apr 29, 2009.

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Meltom Road Train Member

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ChipW said: ↑

I haven't been through this entire thread since it is very long, so I hope this hasn't been asked/answered already.

The other day, I received a level I inspection in California. My equipment passed, however, I didn't. I was given a log violation for not having my last 7 days and current day on paper. I have an e-log and it's a quick call to my company to get them faxed and they are on my qualcomm. My company provided my logs before he was done with his inspection. This is 30 points on my CSA. Luckily, another DOT officer in the facility took the violation off, but left notations on the report about me not having them.

Now my company is pulling me in for a log audit because of this. I thought that, because I have e-logs, I don't have to have printed copies on my person as long as I can provide them via fax or electronic means upon request.
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I believe you are required to demonstrate how the logs work to the officer. Were you not able to do that?

Meltom, Oct 3, 2013

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ChipW Light Load Member

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Meltom said: ↑

I believe you are required to demonstrate how the logs work to the officer. Were you not able to do that?
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Yes I was and asked if he would like to see the elogs.

ChipW, Oct 3, 2013

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Meltom Road Train Member

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ChipW said: ↑

Yes I was and asked if he would like to see the elogs.
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What kind of elogs are you running, Qualcomm, Peoplenet, Webtech, Xata, Turnpike, something else?

Meltom, Oct 3, 2013

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ChipW Light Load Member

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Meltom said: ↑

What kind of elogs are you running, Qualcomm, Peoplenet, Webtech, Xata, Turnpike, something else?
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Qualcomm elog

ChipW, Oct 3, 2013

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Meltom Road Train Member

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ChipW said: ↑

Qualcomm elog
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Hmm, something isn't adding up here. You don't need a hard copy if you have electronic logs, did you have the proper documentation showing the certification and what not?

Meltom, Oct 3, 2013

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CondoCruiser The Legend

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Meltom said: ↑

Hmm, something isn't adding up here. You don't need a hard copy if you have electronic logs, did you have the proper documentation showing the certification and what not?
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Shouldn't you be in bed?

I'll just post the whole rule.

§ 395.15
Automatic on-board recording devices.
(a) Authority to use automatic on-board recording device. (1) A motor carrier may require a driver to use an automatic on-board recording device to record the driver's hours of service in lieu of complying with the requirements of §395.8 of this part.
(2) Every driver required by a motor carrier to use an automatic on-board recording device shall use such device to record the driver's hours of service.
(b) Information requirements. (1) Automatic on-board recording devices shall produce, upon demand, a driver's hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the drivers' starting time at the beginning of each day.
(2) The device shall provide a means whereby authorized Federal, State, or local officials can immediately check the status of a driver's hours of service. This information may be used in conjunction with handwritten or printed records of duty status, for the previous 7 days.
(3) Support systems used in conjunction with on-board recorders at a driver's home terminal or the motor carrier's principal place of business must be capable of providing authorized Federal, State or local officials with summaries of an individual driver's hours of service records, including the information specified in §395.8(d) of this part. The support systems must also provide information concerning on-board system sensor failures and identification of edited data. Such support systems should meet the information interchange requirements of the American National Standard Code for Information Interchange (ANSCII) (EIARS-232/CCITT V.24 port (National Bureau of Standards Code for Information Interchange, FIPS PUB 1-1)).
(4) The driver shall have in his/her possession records of duty status for the previous 7 consecutive days available for inspection while on duty. These records shall consist of information stored in and retrievable from the automatic on-board recording device, handwitten records, computer generated records, or any combination thereof.
(5) All hard copies of the driver's record of duty status must be signed by the driver. The driver's signature certifies that the information contained thereon is true and correct.
(c) The duty status and additional information shall be recorded as follows:
(1) Off duty or OFF, or by an identifiable code or character;
(2) Sleeper berth or SB or by an identifiable code or character (only if the sleeper berth is used);
(3) Driving or D, or by an identifiable code or character; and
(4) On-duty not driving or ON, or by an identifiable code or character.
(5) Date;
(6) Total miles driving today;
(7) Truck or tractor and trailer number;
(8) Name of carrier;
(9) Main office address;
(10) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.)
(11) Name of co-driver;
(12) Total hours; and
(13) Shipping document number(s), or name of shipper and commodity.
(d) Location of duty status change. (1) For each change of duty status (e.g., the place and time of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.
(2) Motor carriers are permitted to use location codes in lieu of the requirements of paragraph (d)(1) of this section. A list of such codes showing all possible location identifiers shall be carried in the cab of the commercial motor vehicle and available at the motor carrier's principal place of business. Such lists shall be made available to an enforcement official on request.
(e) Entries made by driver only. If a driver is required to make written entries relating to the driver's duty status, such entries must be legible and in the driver's own handwriting.
(f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on-board recording devices, and to reconstruct the driver's record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational.
(g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items:
(1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on-board recording system; and
(2) A supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status and other related information for the duration of the current trip.
(h) Submission of driver's record of duty status. (1) The driver shall submit, electronically or by mail, to the employing motor carrier, each record of the driver's duty status within 13 days following the completion of each record;
(2) The driver shall review and verify that all entries are accurate prior to submission to the employing motor carrier; and
(3) The submission of the record of duty status certifies that all entries made by the driver are true and correct.
(i) Performance of recorders. Motor carriers that use automatic on-board recording devices for recording their drivers' records of duty status in lieu of the handwritten record shall ensure that:
(1) A certificate is obtained from the manufacturer certifying that the design of the automatic on-board recorder has been sufficiently tested to meet the requirements of this section and under the conditions it will be used;
(2) The automatic on-board recording device permits duty status to be updated only when the commercial motor vehicle is at rest, except when registering the time a commercial motor vehicle crosses a State boundary;
(3) The automatic on-board recording device and associated support systems are, to the maximum extent practicable, tamperproof and do not permit altering of the information collected concerning the driver's hours of service;
(4) The automatic on-board recording device warns the driver visually and/or audibly that the device has ceased to function. Devices installed and operational as of October 31, 1988, and authorized to be used in lieu of the handwritten record of duty status by the FMCSA are exempted from this requirement.
(5) Automatic on-board recording devices with electronic displays shall have the capability of displaying the following:
(i) Driver's total hours of driving today;
(ii) The total hours on duty today;
(iii) Total miles driving today;
(iv) Total hours on duty for the 7 consecutive day period, including today;
(v) Total hours on duty for the prior 8 consecutive day period, including the present day; and
(vi) The sequential changes in duty status and the times the changes occurred for each driver using the device.
(6) The on-board recorder is capable of recording separately each driver's duty status when there is a multiple-driver operation;
(7) The on-board recording device/system identifies sensor failures and edited data when reproduced in printed form. Devices installed and operational as of October 31, 1988, and authorized to be used in lieu of the handwritten record of duty status by the FMCSA are exempted from this requirement.
(8) The on-board recording device is maintained and recalibrated in accordance with the manufacturer's specifications;
(9) The motor carrier's drivers are adequately trained regarding the proper operation of the device; and
(10) The motor carrier must maintain a second copy (back-up copy) of the electronic hours-of-service files, by month, in a different physical location than where the original data is stored.
(j) Rescission of authority. (1) The FMCSA may, after notice and opportunity to reply, order any motor carrier or driver to comply with the requirements of § 395.8 of this part.
(2) The FMCSA may issue such an order if the FMCSA has determined that
(i) The motor carrier has been issued a conditional or unsatisfactory safety rating by the FMCSA;
(ii) The motor carrier has required or permitted a driver to establish, or the driver has established, a pattern of exceeding the hours of service limitations of this part;
(iii) The motor carrier has required or permitted a driver to fail, or the driver has failed, to accurately and completely record the driver's hours of service as required in this section; or
(iv) The motor carrier or driver has tampered with or otherwise abused the automatic on-board recording device on any commercial motor vehicle.
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CondoCruiser, Oct 4, 2013

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kajidono Road Train Member

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Is that the rule that was struck down or did they finish the work on the new replacement?

kajidono, Oct 4, 2013

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keitht Light Load Member

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Meltom said: ↑

Hmm, something isn't adding up here. You don't need a hard copy if you have electronic logs, did you have the proper documentation showing the certification and what not?
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I'm a CVSA certified inspector for the Highway Patrol. I'll give you the short answer without quoting regs.

If you have a quailifying automatic on-board recording device (such as qual-com), you are not requred to have your previous 7 days printed out.

If you have a computer log on a laptop that does not qualify as an aobrd, then you do have to have your 7 previous days printed out. If you have this type of log and have no means to print, you are OOS. I have been required to place many drivers OOS for this.

keitht, Oct 4, 2013

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kajidono Road Train Member

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Yeah, the qualifier is automatic on-board recording device. Has to be wired into the truck.

kajidono, Oct 4, 2013

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I am about to have a dot safety audit for my company i opened. When they conduct the safety audit do they only check the fuel receipts or will they also check my fuel card account for the time. Also same thing for the Ez pass will they ask if I have an Ez pass. I only had Ez pass for 3 weeks and ran the company for 2 months. If I don't have some of the receipts for tolls will that cause a problem. If I cancel my Ez pass account will that healp.

Do I need a superviser to have suspicion training cause some companyies call me and saying i need it.
Any advise is appreciated

mnine55, Oct 16, 2013

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