HOS question

Discussion in 'Trucking Industry Regulations' started by jimjam38, Feb 7, 2018.

  1. Raezzor

    Raezzor Quis custodiet ipsos custodes?

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    On paper all entries were required to be made by the driver. It was against the law for anyone else to make an entry.

    I guess they figured they couldn't even trust us to make entries after a while. Can't say I really blame them.

    One system I had I couldn't edit ANY logs, at all. Dispatch could edit anything but line 3. So if I made a mistake and went to line 3 by accident no one could fix it. Then I have to certify that all entries were true. So I have to falsify a federal document to start my next days log because I'm not allowed to fix it. Lol.
     
    25(2)+2 Thanks this.
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  3. Mark Kling

    Mark Kling Technology Contributor

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    Line 3 cannot be edited by the driver nor the back end. Part of the Mandate Specs.
     
  4. ZVar

    ZVar Road Train Member

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    Sure it can. It cannot go away sure. It can however be reasigned to another driver (team and didn't log in correctly), set as exempt (time card, ag, etc), set as off duty (pc), or even set as on duty not driving (ym).

    Heck, even you have been saying to call rm to fix logs. If it could not be changed for any reason that would be illegal....
     
  5. Mark Kling

    Mark Kling Technology Contributor

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    Mandate says the driver/portal cannot edit line 3.

    What Rand did was to correct a software issue that put you from line 1 and 2 to line 3 by mistake. Nothing was changed to falsify the logs. They were made correct. The logging page was showing incorrect, but the events showed correct. So, the actual logs were not falsified, just to make correct and take the violations away that should have not been there do to a software error.

    If line 3 was editable by the Admin, then they would be adjusting line 3 for their needs. Line 3 is triggered by a movement of the vehicle.

    Can a user edit or change driving time that has been recorded by an ELD to non-driving time??

    Can a user edit or change driving time that has been recorded by an electronic logging device (ELD) to non-driving time?

    No. An ELD automatically records all of the time that a CMV is in motion as driving time that cannot be edited or changed to non-driving time.


    Both the driver and authorized carrier staff can make limited edits to an ELD record to correct mistakes or add missing information. All edits must include a note (annotation) to explain the reason for the edit. In addition, the driver must confirm (certify) that any carrier edit is accurate, and resubmit the records. If the driver chooses not to re-certify RODs, this is also reflected in the ELD record. The ELD must keep the original, unedited record, along with the edits. Example: a carrier edits a record to switch a period of time from “off-duty” to “on-duty not driving”, with a note that explains “Driver logged training time incorrectly as off-duty”. The edit and annotation are sent to the driver to verify. The edit is not accepted until the driver confirms it and resubmits the RODS.
     
  6. ZVar

    ZVar Road Train Member

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    No it does not. Nothing in the FAQ states that. Just that it cannot be changed to non-driving time. It can still be edited to PC, or YM, or resigned to another driver. Heck, another FAQ contradicts that statement and says driving time CAN be edited.

    When a motor carrier discovers a driver in a team driving operation failed to log in and his or her activities were assigned to the co-driver, can the motor carrier reassign the generated data?
    For team drivers, the driver account associated with the driving time records may be edited and reassigned between the team drivers, if there was a mistake resulting in a mismatch between the actual driver and the driver recorded by the ELD, and if both team drivers were indicated in one another’s records as a co-driver. Each co-driver must confirm the change for the corrective action to take effect.

    Never said changed to non-driving. There is nothing in the mandate, and I did read the actual regs, not just the faqs, that fully disallows editing driving time. It has to stay driving, but it can be reassigned to the correct driver, it can be set to driving on duty (yard move), set to driving off duty (personal convenience), or even set as exempt (interstate, Canada driving, ag 150 mile, etc)
     
  7. Mark Kling

    Mark Kling Technology Contributor

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    YM and PC are Non-driving time events. Anything on Line 1, 2, or 4 are non driving time events regardless of if running Exempt, YM, PC, etc. Running under Canada HOS simply changes the limits of the HOS. You still cannot edit line 3.

    Team driving you are not editing the Drive line, you are reassigning the drive time from one driver to another driver. But, both logs will reflect the correct status changes then.

    You have a portal, try going in and changing the drive line by editing a certified log. It will not let you. The same with the App, you cannot take yourself off the drive line.


    Can a user edit or change driving time that has been recorded by an electronic logging device (ELD) to non-driving time?

    No. An ELD automatically records all of the time that a CMV is in motion as driving time that cannot be edited or changed to non-driving time.
     
  8. ZVar

    ZVar Road Train Member

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    Can you show me in the regs where that is stated? Not the FAQ which I'e already shown as not being accurate, but the actual regs?

    Again I've read the actual regs and could not find anything there. So until someone can point out to me the actual regs and not some incorrect FAQ And yes the FAQ is incorrect, as I've already pointed out.

    As for the yard move and PC being non-driving events, you might want to go check the regs,. They very much are driving events, just special ones. You also conveniently ignored the exempt miles.....
    Here is the actual regs...
    §395.28 Special driving categories; other driving statuses.
    (a) Special driving categories—(1) Motor carrier options. A motor carrier may configure an ELD to authorize a driver to indicate that the driver is operating a commercial motor vehicle under any of the following special driving categories:

    (i) Authorized personal use; and

    (ii) Yard moves.
     
  9. Mark Kling

    Mark Kling Technology Contributor

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    Yard Moves - puts you on Line 4, but does not trigger a Line 3 event unless you exceed the maximum limit (miles) set by the Fleet. It will also notate the line as YM.

    PC - Puts you on line 1, tags the line with dashes or ?, notes it will say PC on the line. This will not trigger a line 3 event. If you run Under Canada HOS, the PC is limited to 47 km.

    Exceptions - Will put you on line 1, will not trigger a line 3 event, will not start the 8/11/14 clocks.

    FAQ's are correct. If a single driver you cannot adjust or edit Line 3, in case of teams you are reassigned the line 3 event to another driver that is the co-driver. You are not editing the line, simply reassigning the drive time. The drive time still takes place, just reassigned, not edited.

    An Edit is where you take away or add drive time to a single driver thus, changing line 3 that is not reflected by the ECM triggering a line 3 event.
     
  10. ZVar

    ZVar Road Train Member

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    Semantics aside, that is exactly what I said.

    And btw, I did use the word edit correctly as per the faq...
    What is the difference between an “edit” and an “annotation”?
    An edit is a change to an electronic logging device (ELD) record that does not overwrite the original record, while an annotation is a note related to a record, update, or edit that a driver or authorized support personnel may input to the ELD. Section 49 CFR 395.30(c)(2) requires that all edits, whether made by a driver or the motor carrier, be annotated to document the reason for the change. For example, an edit showing time being switched from “off duty” to “on-duty not driving” could be annotated by the carrier to note, “Driver logged training time incorrectly as off duty.” This edit and annotation would then be sent to the driver for approval.
     
  11. Bruce Willis

    Bruce Willis Bobtail Member

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    I have a driver thats violating hos despite me telling him to pull over he's determine to drive being its his last day. How do I protect myself he will be at his destination in about 5 hours but need to reset immediately PLEASE HELP
     
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