e-logs and switching to a rental unit without them

Now this covers if the ELD malfunctions, which would be about the same if the primary truck is down and a secondary truck is used that does not have an ELD...

https://www.fmcsa.dot.gov/faq/what-must-driver-do-if-there-eld-malfunction


What must a driver do if there is an electronic logging device (ELD) malfunction?

If an ELD malfunctions, a driver must:

1. Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;
2. Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD; and
3. Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance.

 

LOL....

The dog ate my other homework...so I just bought a new book...and see?...it starts @ page 1

If a tree falls, and there's no one to hear it make a sound....did it make a sound?....

Jus' sayin'

 

Don't think that will fly with DOT... get in an accident and they will dig....

 

Then ya ### better not get in an accident....or ya screwed.....

 

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The company will catch it though. They still have the driver's elog RODs in the system then next week when the driver scans in the paperlogs they will see the driver who was running on recaps all of a sudden without a 34 hour break boomed into a full 70 hous available.

They have to hold these records for 6 months and DOT may come into their offices and audit random drivers RODs at will.

 

I would go back to the PA DOT and tell them that the officer was in the wrong. I just talked to the NC FMCSA and all of the FMCSA offices go by the same Federal rules and regulations. The Ticket will probably go on your PSP, so you were right and the Officer was wrong.

And this is from the FMCSA - if you are in a rental truck and no ELD you can either print out the prior 7 days from your ELD or have your Tablet/Phone on hand showing the prior 7 days and this would be in compliance.

NOTHING in writing from the FMCSA says you have to physically go back and write out the prior 7 days on paper to make it uniform. The fact is you had your logs on hand in physical form printed from your compliant ELD.

He also stated that since this is not mandated you could go paper one day, ELD the next and Paper again, so long as you had the prior 7 days plus current.

NOW... once you are back in your truck keep the paper log(s) for the days you were in the rental. Now if the Home office can edit the program to "add" the paper logs so they show on your ELD they can do that. But, keeping the paper logs will keep you in compliance till the date is past for the prior 7 days. If you are your own "Fleet" then they should be kept for six months for compliance.

Please note below in red....... For what you were ticketed for, is not what the FMCSA says.

https://www.fmcsa.dot.gov/mission/field-offices

https://www.fmcsa.dot.gov/faq/what-must-driver-do-if-there-eld-malfunction

What must a driver do if there is an electronic logging device (ELD) malfunction?

If an ELD malfunctions, a driver must:

1. Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;
2. Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD; and
3. Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance.

Last Updated : September 2, 2016

 

Just because you happen to have a "temporary" power unit(rental) does not relieve you of the requirement of having to run an ELD. The confusion exists because there is an exemption for trucks that are being delivered( new or used) where the truck is the commodity being delivered. I'll bet that both Penske and Ryder have already approached this and have the pertinent regulation on hand.
If you print out the previous 7 days from the ELD that you were using, and go to paper logs while in the "temporary" power you would satisfy most officers. And a lot of companies are going to instruct their drivers to do just that. I don't think it meets the standard of not using an ELD, which only allows paper logs if the ELD malfunctioned. Not having an ELD because it is inconvenient to install is not good enough. But we will see how this is interpreted in the real world.
Not that the government cares how burdensome this requirement is going to be.

 

The FMCSA says only need to show the prior 7 days, if you have it on a electronic device no need to print. If not, then need to print.

There is no regulation to this, so long as you have the prior 7 days it will satisfy all DOT officers.

I doubt if companies will instruct drivers to do that... They don't do a good job now of taking care of drivers... THIS all falls back on the drivers responsibilities. You as the driver have to know the rules and regulations.

If the rental truck you get does not have an ELD, then yes you go to paper logs. No regulation that will require any rental truck to have an installed ELD. And if you get a rental truck for a few days and the plug does not match your ELD, I doubt if you are going to spend the time to track down an adapter. Leeway is build into the regulations.

 

I didn't read all the replies, but my compliance department can quickly email the last 7 days logs to my phone. I had to do that when I drove a rental, too.