I see no issue what so ever for you to use drivers daily log program or an actual log sheet. I don't see why your "log dept" would have a problem with this. Lack of understanding the regulations I guess or I am misunderstanding..
http://www.fmcsa.dot.gov/rules-regu...r/fmcsrruletext.asp?chunkkey=09016334800232ac
395.1 Questions & Answers is where they will find out
Question 17: Is the mandatory information referred to in the previous guidance that required of a normal RODS under section 395.8(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)?
Guidance: The mandatory information referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.
Driver's Daily Log
Discussion in 'Trucking Industry Regulations' started by fuelhauler, Mar 21, 2009.
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your response goes to the heart of my initial question - what is the authority? thank you.
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Im not sure if you are asking me "what is the authority?" and what you mean by what is the authority?. What i quoted was the federal motor carrier. Now on thing is you might have certain state laws that differ somewhat but I doubt this to be one of them but again you could look up the state laws for your state or I can later tomorrow
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logrus,
not necessary to go state law. the fmcsa guidance that you directed me to, together with the information from psanderson, answered my original question. thx again. -
You can't do that because you can't bounce around from the 395.1(e) exemption using an RDS to keep your time record to using an RDS and using it in it's proper manner. It's one or the other......you either log everything, or you don't.
Before I retired there was an interpretation that came out that said in order to go from logging under 395.8 to using the RDS for a time record under 395.1(e) you must have been on the RDS logging everything under 395.8 for at least 8-days. Then once you started using the 395.1(e) rule you had to stay on that for at least 8-days. Under that interpretation you would be required to log everything on an RDS as described in 395.8 all the time because of your one day per week that was over the 12 hour limit of 395.1(e).
Now, I have been retired for a few years. It may be that this interpretation is still in effect, or it may not. But the bottom line is you need to do it the way the company wishes. After all, it's their company, not yours. If they told you to do it improperly the federal civil penalty will be theirs, not yours.Last edited: Mar 23, 2009
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Thank you... more to think about.
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Another question then. According to Article 395.2:
"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."
I'm a former driver from waaay back, getting ready to hit the road in a bit. We cheated logs like no tomorrow, lacking electronics, and I quit due to overwork burnout.
Looking forward to a legal job (and where I'm going has Qualcomm, of course) I have just one concern. We all know that theory doesn't always meet reality in many situations, such as 15-30 minutes here and there where you need to deliver or else lose a whole weekend sitting still. I'd like to think that I'd be just 86'd just because of a tattletale and a few minutes work missed.
So what do drivers do with this? The only log fudging I can see was discussed in another thread relating to offduty time usage. Again, I'm not looking for ways to cheat exactly, just wanting to see what the real deal is here, since back when I drove we didnt' have these electronics.
My goal is to provide the best service I can for those I work for, as well as support the fam. -
The "right" answer is log it as you do it . An HOS violation is not as serious as a logbook falsification . Then it depends on the carrier . My carrier is very strict with falsifications but more lenient with violations of 15 minutes or so . I have also been notified of a few speeding violations . We are not supposed to average over 60 m.p.h. . Several of of us have been notified we averaged 60.2 but no action was taken .
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You are correct,tell Wonder Mutt to pound sand.
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Thanx Rick, and SHAME ON ME!!! I didn't search it until afterward: found all the answers (plus yours) here: http://www.thetruckersreport.com/tr...ons-from-new-drivers/35808-cheating-logs.html
I'll be running legal as you are: it's not worth it.
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