Driver's Time Record Question(s)

Time card only unless working more than 12 hrs a day (60 hr 7 day schedule)

 

Because I used someone who is a DOT regulation compliance expert and the website I linked to is a website that does DOT compliance surveys for companies.

I'm pretty sure that lady forgot more about the regulations than you'll ever know.

You quoted me, said I was wrong and then showed that I was right. This lady said:

That is exactly what the regulation states. She never said you had to keep a logbook and neither did I. She said you had to record their on duty time.

Of course the driver must maintain his duty log. You think the DOT guy is gonna pull him over and be like yea dude lets swing on by ya home base there and pull ya time cards. Um no. He's going to say you're local. Ok good. What time did you go on duty this morning? How long have you been on duty? You better believe the driver is responsible for keeping this information available. The regulation states that the motor carrier has to keep a RECORD but the driver better have that days information on him at all times. If you don't understand a reg, don't quote it and act all big and smart.

Unknown to you, I used to be a dispatcher at a company that did just this. We did local deliveries of specialty goods in and around Jackson MS. Our drivers were exempt from logbooks but they had to keep the days duty info with them at all times. They used tablets to do so and actually could provide detailed info upon request even though it wasn't required. The terminal manager maintained the drivers daily on duty logs back at the warehouse and kept the information for whatever time was required but the driver was ABSOLUTELY responsible for keeping that days info available for DOT inspection. Should the DOT guy want more than that days logs the full logs of that drivers duty status could be emailed to his tablet and handed to the DOT for review.

 

I have read the information in that webpage now for close to 10 times. I see nothing (real world) wrong with it. However, this section is (technically) incorrect. I underlined the part I disagree with.

I think this is @dibstr point of contention. The exception listed in 395.1 does not mandate the driver do the time recording. I would say more then half of these local radius drivers are using timecards AT THE PLACE of business. This position is further bolstered by this regulatory Guidance in the section for 395.1. I'm sorry but in this very narrow case, that website is wrong!

Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

Guidance:

None.

 

I was going to edit my last post but decided not to. I want to also add another thing. The FMCSA is not going to micromanage this timekeeping. They really honestly don't care who does it or where the records for that day are kept. In fact, if you look further into the regulatory guidance of this section you find this interesting tidbit. All the FMCSA requires is these records be kept and be right. They don't really mandate either way.

Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business?

Guidance:

No. However, upon request by an authorized representative of the Federal Highway Administration (FHA) or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place.

 

Ok well someone who does this compliance stuff for a living AND the company I used to work for BOTH say that the driver must keep the daily record of that day with him and available upon request. You say he does not and base it on your interpretation of the law. You might be right and everyone else wrong. Who knows?

The OP can do with this information what they wish. Perhaps the DOT guy won't even ask once they say they're local. I doubt many would give a crap honestly. I don't think we ever had a DOT guy ask for our guys logs, ever.

But one thing that was wrong is that one person stated that no logs have to be kept at all, just drive. That is not true at all and I've proven that without a doubt on duty time must be kept. Now this could simply be a time card. That's fine. But having NO record of duty time is illegal.

 

NOPE! I based it on the FMCSA regulatory guidance! I posted no opinions in my reply.

 

Well you're reading something that was actually never said by me in my original reply or by the website I posted. I, nor the website I linked to, ever said the drivers had to keep the record with them. It said the drivers must record their on duty time. Recording on duty time could be as simple as clocking in with a time card.

We surely always kept that info with the driver where I worked. That was company policy for sure. But that being said....

Don't read what's not there my friend.

 

It's hard to keep up when posts are edited. All I am going to say is the FMCSA does NOT mandate a local driver keep a time record on them. said time record MUST be kept, but the FMCSA does not mandate who makes only that it must be made available upon request.when carrier is audited. Anything else in this debate I am not part of.

 

I took the time to read some of the Q&A at the end of that article. Again I see nothing wrong with it. That part I underlined I think is right but not worded well. I also do some Compliance Contract work. One of the things people need is to get their writing proof read. Anyway, this PDF is being used in that webpage as an example of a time record for a local driver. In fact, I know a company that uses something very similar. In that form the words are clear, the company can fill it out if all the conditions are met. A local driver can also use a logbook. A timecard can be used. I bet you could use a small pocket notebook.

 

I'm not familiar with any actual requirements for what dictates the definition of a local on duty log. I can't think of anything more simple than a time card. But if you work salary and don't clock in or out you still need to keep a record of it.

The PDF you listed looks real good to me.