Is this app DOT acceptable?

Discussion in 'Trucking Industry Regulations' started by j76ny, Mar 8, 2015.

  1. not4hire

    not4hire Road Train Member

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    You think LEOs don't write bad citations? If it's a laptop, then it isn't an AOBR.
    Automatic on-board recording device means an electric, electronic, electromechanical, or mechanical device capable of recording driver's duty status information accurately and automatically as required by § 395.15. The device must be integrally synchronized with specific operations of the commercial motor vehicle in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day.

    https://www.fmcsa.dot.gov/regulations/title49/section/395.2

    Fight it. Pretty simple, really.

    Or, if the violation is with respect to not having the logs printed, you can fight that too.
    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.

    https://www.fmcsa.dot.gov/regulations/title49/section/395.8?guidance
     
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  3. Scalemaster

    Scalemaster Heavy Load Member

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    The problem we are finding is not having a printer at all in the vehicle with a non-AOBR system.

    Drivers are under the impression that they can email or fax those records to the inspector. No such provision exists for non-AOBR systems in the regulation. Driver must PRINT on his printer.
     
    daf105paccar and not4hire Thank this.
  4. not4hire

    not4hire Road Train Member

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    Understood. The driver did say he printed his logs, so I am assuming he was able to do so in a timely manner. It doesn't hurt to ask if it's possible to email them, but as you say and as is clear in the regulations, the driver must print if requested.
     
  5. snowwy

    snowwy Road Train Member

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    Yep. That's supposed to be the reg. Print when requested. And it took me a whopping 1 minute to print yesterdays log. But we all know how hard it is to fight dataq.
     
  6. Espressolane

    Espressolane Road Train Member

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    FMCSA document on published rule


    Question 28: May a driver use a computer, tablet, or smartphone (that is not an Automatic On-Board Recording Device) to create, electronically sign, and store the record of duty status (RODS)?


    Guidance:

    Yes. A driver may make manual duty-status entries to a computer, tablet, or smartphone program that is used to generate the graph grid and entries for the record of duty status (RODS) or log book, provided the electronically-generated display (if any) and output includes the minimum information required by §395.8 and is formatted in accordance with that section. The driver must sign the RODS (manually or electronically) at the end of each 24-hour period to certify that all required entries are true and correct.

    1. If electronic signatures are not used:
    • The driver must print and manually sign the RODS daily.
    • The driver must have in his or her possession the printed and signed RODS for the prior seven consecutive days (if required on those days).
    • The driver should be given an opportunity to print and manually sign the current day’s RODS at the time of the inspection.
    1. If RODS have been electronically signed:
    • At the time of an inspection of records by an enforcement official, the driver may display the current and prior seven days RODS to the official on the device’s screen.
    • 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.
    [79 FR 39343, July 10, 2014]
     
  7. Espressolane

    Espressolane Road Train Member

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    The ruling does not make a distinction as to who owns the device the logs are printed from. It makes NO declarative statement that it must be on equipment within the truck or drivers possession.
    Only that the driver be given an opportunity to print them. A fax would qualify as printing the logs.

    Because no provision states specifically that a fax or e-mail can or can not be used to make the records available during an inspection, clearly leaves open these methods as viable and real choices to make any records available. If the inspecting officer denies this method, then they are also denying the opportunity to print the records.

    It also does not preclude the inspecting officer or agency to collect a small and reasonable fee for recovering costs on this service. 8 pages, $2.00. A realistic cost recovery charge.
     
  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    $2 for 8 pages? Go to a truck stop and receive an 8 page fax. What does that cost? It is outrageous because you have limited options and they know it. Doesn't get any more limited in the options department than sitting on the side of the road being inspected...so expect the "reasonable" price a DOT officer would charge to exceed the "reasonable" price charged at a truck stop.

    If you're going to run computer logs, have your own printer. Simple enough, right?

    "But Pedigreed, we have SO MUCH crap in our truck...there is no ROOM for a printer!"

    Guess what? That DOT officer has a lot of crap in his vehicle, too. Why should HE have to carry around a printer when he's got a ticket book and the regs allow him to use it? There is ZERO incentive for the DOT officer to spend money buying and maintaining a printer when YOU are the one who made the decision to log the way you do! If you don't want to buy a printer, keep your log book the old fashioned way...or use an ACTUAL eobr system.
     
    not4hire Thanks this.
  9. not4hire

    not4hire Road Train Member

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    Yeah, good luck with that. No agency or court would ever rule in your favour.

    You want to have an electronic logging device (non-AOBR)? Spend $30-$50 to have a printer. Simple.
     
  10. Double_logger

    Double_logger Bobtail Member

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    UPS doesnt have printers in their trucks with elogs I'm buying an iPad today and running the keep trucking app. #### thing lets you modify your logs un-noticed. Looks less suspicious than loose leafs.......
     
  11. not4hire

    not4hire Road Train Member

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    UPS doesn't have printers because an AOBR (conforms to FMCSA 395.15) does not require the ability to print. A laptop, iPad/tablet, phone, etc. (does not conform to FMCSA 395.15), does require the ability to print. So if you are using Keep Trucking, you can either print your logs out daily and sign them by hand, leave them on your device if signed electronically, but have the ability to print them when requested, or transfer the info to the paper log of your choice daily.
     
    Last edited: Oct 17, 2015
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