Driver's Daily Log

Discussion in 'Trucking Industry Regulations' started by fuelhauler, Mar 21, 2009.

  1. fuelhauler

    fuelhauler Bobtail Member

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    Mar 21, 2009
    colorado
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    Can someone cite for me authority that permits me to use the Driver's Daily Log to records short haul duty status? My employer representative contends that I cannot use the Driver's Daily Log (the one that includes the 24 hr grid) to record duty status under short haul exemption per FMCSA section 395.1(e). The basis for his contention is that a driver may regularly exceed 12 hours on duty, particularly during the driving season. My employer rep unconvicingly insists that drivers record all information regarding hours spent driving, on-duty/non driving, bills of lading, etc. because of the formatting of the log book, even on those days where short haul exemption applies. I say his is an employer mandate, not a federal rule.
     
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  3. tscottme

    tscottme Road Train Member

    I'm not sure I understand your question exactly. But it seems like you are correct. If you are operating as short haul 395.1(e) why is there any requirement to log? I operate under short-haul RODS exemption also. Drivers Daily Log is approved for record of duty status (RODS/Logbook). I don't see any reasoning that would allow DDL for long-haul logging compliance but being non-compliant with short-haul compliance, especially since short-haul isn't required to complete a log. Everything points to your employer making rules more strict that the federal minimum, which they have a right to do.

    Here's the easiest way to find something official, although it applies to long-haul, go to Drivers Daily Log web page, look at the bottom of the list on the left-hand side for "Is It Legal?" and click on that. Once on that page look down a paragraph or two for "click here to download this letter."longWhen you click there it will take you to a copy of the letter from FMCSA that confirms DDL is authorized for logbook or RODS requirements.

    Here's the text of Q#28
    Question 28: May a driver use a computer to generate his or her record of duty status (log book) and then manually sign the computer printouts in lieu of handwritten logs? Guidance: A driver may use a computer to generate the graph grid and entries for the record of duty status or log books, provided the computer-generated output includes the minimum information required by §395.8 and is formatted in accordance with the rules. In addition, the driver must:
    1.Be capable of printing the record of duty status for the current 24-hour period at the request of an enforcement officer.2.Print the record of duty status at the end of each 24-hour period, and sign it in his or her handwriting to certify that all entries required by this section are true and correct.3.Maintain a copy of printed and signed records of duty status for the previous 7 consecutive days and make it available for inspection at the request of an enforcement officer.
     
    Last edited by a moderator: Mar 22, 2009
  4. RickG

    RickG Road Train Member

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    What type of work are you doing ? There exemptions for oil field workers , farm workers , and season exemptions for drivers delivering propane .
    You are allowed one 16 hour period between restarts or each week . That's as "regular" as it gets . A log must be filled out for all days exceeding 12 hours .
    It should be noted whenever you log you have to show the number of hours worked in the past 7 days .

    http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp
     
    psanderson Thanks this.
  5. psanderson

    psanderson Road Train Member

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    Moline, Illinois
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    395.1(e) merely requires a driver to keep a "time record". That time record may be a time clock, or a record of duty status (RDS/log), or other form of time record. There are no specifics in the rule as to what the time record looks like, but rather just the data that must be recorded on that time record. An RDS does in fact have all the required data on it.

    However, when using the 395.1(e) exemption one may not exceed 12-hours of duty (395.1(e)(3) clearly states that each 12-hours of duty must be separated by 10-hours of rest.........simply stated you can't do anything after 12-hours except rest).

    When using an RDS for a time record a driver completes the grid portion by drawing a line on line 1 from midnight to the time one begins work, then line 4 for all working time.

    From a retired federal DOT official.
     
    Flyer Thanks this.
  6. fuelhauler

    fuelhauler Bobtail Member

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    Mar 21, 2009
    colorado
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    psanderson,

    Thank you for your reply. Just to clarify, if I work 5 days, 8 hours for each of the first 4 days (e.g., drive 5 hrs, on duty not driving 3 hrs), and on day 5 I work 12.5 hours (6 hours driving, 6.5 hours on duty), may I use the daily log book one way for the first 4 days (short haul duty status) and as is required for 12+ hour days on the 5th day?
     
  7. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    You must log all time. You can't bounce from one criteria to another. In addition, on the 5th day you exceed 12 hours and can't use the 395.1(e) exemption by itself because 395.1(e)(iii) limits you to a total of 12-hours.

    And I do not believe the 395.1(o) exemption is applicable because that applies to the 395.3(a)(2).......14-hour rule. So the simple answer is that you must log all time because of the 5th day.
     
    Last edited: Mar 22, 2009
  8. psanderson

    psanderson Road Train Member

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    OOPS....the above posted twice
     
  9. fuelhauler

    fuelhauler Bobtail Member

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    Mar 21, 2009
    colorado
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    psanderson,

    bear with me, sir. i don't want to bounce around. that is my point. i want to use the same log BOOK on the days i may permissibly invoke the short hauler exemption, and therefore use the log to document duty status, AND for those days i can't, where i am on duty 12 hours or more. So, ONE LOG BOOK. but one log SHEET may reflect duty status on, duty status off, for one particular day. the next log sheet (same log book), for the very next day that i work 12+ hours, reflect each change of duty status, every city/location, the amount of time spent at each, all shipping docs, bills of lading, etc., etc. thank you for your patience with me.
     
  10. LogsRus

    LogsRus Log it Legal

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    You can use a log for every day you are working for a company.
    I don't see the fuss. If you are using the log program "drivers daily log" then some companies (as I did once to) believe you can not use the program. I can give you some tips on how to get your company to allow you but if you don't ask I can't help and if you don't do as I say then you wont get what you want, l.o.l.

    If you are a driver who 2 days out of the week does 100 air mile radius your best option would be to keep a daily log. That way you have everything in a log book.

    I have some of my "local" drivers using log books and I have some using time cards. If a driver says I only do local 2 days a week and OTR the rest I am going to have him/her fill out a log sheet for every day.

    100 air mile radius drivers can work over 12 hours a day however if they do he/she must fill out a log sheet. Thus meaning in my opinion I wish all my drivers used a log sheet it would be easier on me :)
     
  11. fuelhauler

    fuelhauler Bobtail Member

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    Mar 21, 2009
    colorado
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    in my case, all of my runs are within 100 air miles. however, given variables, i.e., the number of runs, time of day, and destinations within the 100 air mile radius, i may or my not exceed 12 hours on duty.
     
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