Driver's Time Record Question(s)

When I was local and did the air mile thing I simply filled out a sheet that basically had columns arrival time, depart time, customer name, city.

At the bottom with both arrival and depart times it was easy to fill out total drive time and total on duty time. The first line on the paper was home location to show pre trip.

 

Agreed!!

 

Some incomplete data here.
1. You say you are driving a commercial truck now. I'm going to assume that it is a CDL required truck. I.E. over 26,000 lbs.

2. There are 4 criteria that must be met to qualify for the time card exemption.
A. 100 air mile radius. Unlimited miles inside that "bubble"
B. Be released from duty within 12 hours.
C. Start/stop at the same location everyday.
D. Company must keep a time card.

If you met those criteria, you do not have to run a log book.

3. If you do have to run a log book, if you do paper logging for more than 8 days in any rolling 30, you must use an ELD.

 

Just a thought but why not use the Regulations rather than an article from a company whose author is mistaken? The regulations are quite specific that it's the motor carrier who employs the driver maintain and retain the records. There is no mention in the regulations that the driver do so.

395.1 (e) (v)
(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each day;

(C) The time the driver is released from duty each day; and

Foley got this one wrong!

 

I took note of the word log in post 5 when I agreed with it. However, if the comment was meaning a logbook then I can't agree with it. I was under the impression the word log was used in the general sense. Like I log all my blood sugar reading every day in a journal.

 

I currently work under the 100 mile radius and I don't carry a thing with me as far as a logbook. In the evening I fill out a time sheet with my start and finish times. Start and finish at the same place every day and cant log more then 12 hrs.

 

I believe it was meant in a general sense Moose, but the article linked stated “Drivers who qualify for these exemptions must maintain a record of”, but the Regs clearly state it’s the MC’s responsibility. The article is in error.

 

I don't think 395.1 (e) (5) is saying a carrier must maintain the time record for that day. I know I worked for a company that satisfied this with a timecard. Like OTR the carriers are required to have the 6 months of logs, local companies must also have a time record. This is how I interpret that reg.

(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(v) The motor carrier is required to establish a method of ensuring that accurate HOS data is generated, maintained and stored for 6 months.

I might be wrong, but this is what I think that part means. I base this on regulatory guidance from 395.1

Question 19: Regulatory guidance issued by the Office of Motor Carriers states that a driver’s record-of-duty-status (RODS) may be used as the 100 air-mile radius time record “provided the form contains the mandatory information.” Is this “mandatory information” that required of a normal RODS under section 395.8(d) or 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.

 

I believe they are saying the carrier has to retain and maintain the records for every day of the required retention period.

You are correct that the generation of the required record is at the carrier’s discretion which I did not, do not and will not dispute. The carrier can put the burden on the driver to generate the records if they wish, or assign it to a secretary or Homer Simpson’s second cousin, it doesn’t matter. Who a carrier assigns the task is their business. I took issue with the Foley article stating “Drivers who qualify for these exemptions must maintain a record of:”. This is a strong indication that the author believe and is relaying the false information that the Regs require the driver to maintain (Note it doesn’t say generate) the record. This is obviously how BrandonCDLdriver took it when he stated “This is NOT correct. You absolutely have to log your on duty time”, again I believe using “log” in a general sense.

Correct, and I haven’t indicated otherwise. No format is mentioned in the regs so it’s left to the carrier. As long as the relevant info is maintained and retained it doesn’t matter how a carrier chooses to either generate or format the records. This would include using RODS.


In short he Regulations do not require a driver using the short haul exemption to generate, retain or maintain any records (The carrier may require, but it doesn’t relieve them or their responsibility to retain and maintain). The regulations do not require a driver using the short haul exemption to have any record (Neither current or past) in his possession. This would include the previous 7 days on days he is required to log because the exemption doesn’t apply.

 

You and I are both looking at this from the correct perspective. I'm not saying you are wrong. You are not! However, in my opinion, you are over complicating the issue a bit. The issue is the time recording. Whom does it and what information is recorded. In the end, the FMCSA and other regulators just want the information held in a central location for 6 months, even the OTR carriers must do this. I agree that first link was wrong. There are a lot of people that sell themselves as compliance specialists and think this gives them the authority to have official opinions about title 49CFR, and further some of them don't know their anal orifice from a hole in the ground. Bottom line, local drivers, follow your employer's rules when it comes to HOS compliance. OOs should already know how to do this.

re, that link
On the subject of 3rd party groups like attorneys and contractors like JJ Keller. Generally most of the time you can trust their opinions. JJ Keller has put out some great material on the CSA 2010 law and the new HOS rules. Honestly though if you want somebody that you can trust I highly recommend you find someone that has been trained by and is still getting continuing training by the CVSA. These people time in and out will not steer you wrong. heck I have got conflicting information from the FMCSA.