FMCSA investigation due to ELD violations? What to expect?

We all remember what it was like before 2018 on paper logs. Many drivers did not grasp the basic concepts of the split break, even though it was easy and simple combination 2/8 or 8/2. It also involved, recalculating 14 hour shift clock (when the first break was of 8 hours in the sleeper or more), and how many hours you were left with on 11.
ELDs took the arithmetical burden, however simplistic, off drivers' mind, who now completely and naturally so, blindly rely on what they see on their ELDs display. In the other thread, I posted some of my own dilemmas of the how the 14 hour shift is effected by multiple breaks of no less than 2 hours. There is also a certain ambiguity of how a split "qualifying break", which stops 14 hour clock, is defined.

Is it only the one break that will be in the end utilized with conjunction of the longer 7 or more in the sleeper break, or any break of no less than 2 hours - in which case we could end up in a funny situation where it is possible to drive forever - as long as you don't exceed 11 hours and each driving segment is intertwined by at least 2 hour off duty or in the sleeper?
e.g.
I drive for 15 minutes and then take 2 hours then driver for 1 min and take 2.5 hour break then I driver for 2 hours and then take 2 hours break....so this process can go to infinity. OR almost, as the minimum driving segment for most ELDs is 1 second. So 11 hours have 39600 seconds or driving segments that can be intertwined by 2 hours so 39600 times you could stop for 2 hours - which gives a total of 79, 211 hours before the driver runs out of his 11 which is 3300 days or 9 years.

 

I'd say, let's go Science Fiction!
It will not be possible for any kinds of regulatory measures TO prevent fatigue driving until there is a certain type of bio - electronic chip attached to a driver's body which somehow could quantify the level of fatigue. There is a long way to go. Nobody even knows how to measure fatigue yet. I imagine, there could be some sort of electromagnetic field or an enzyme produced in a human brain that changes accordingly with a level of fatigue, "sleepiness" or even the level of brain alertness. If you could somehow harness it then you'll never have drivers falling asleep or driving while distracted. Well, I also think that it is more likely to have driverless, autonomous trucks before it ever happens.

I'd say, I am responsible. I know when I am tired. I know the traffic rules and how to operate the CMV safely on public roads. I have a proven record for the last 10 years of not getting involved in any accidents and receiving no tickets. During that time I must have covered well over 1000 000 safe miles. That should be enough to account for something.
How about they give me a total HOS exemption? A subject to change, whenever they have an evidence of my driving being unsafe.
OK. I know...that's SF too.

 

.... Joe... Did somone slip a Mickey in your drink today???... LOL

 

lol, time to switch to decaf?

 

Notice how every time there's a hurricane there's an exemption for HOS in that area? I believe all ag loads are still log exempt due to "the pandemic." If HOS had anything to do with safety there'd never be any exemptions, notice there's never an exemption for premeditated murder, no matter how bad a person they are? There's never an exemption to seatbelt laws, and the only person you're "endangering" there is yourself. HOS regulations have absolutely nothing to do with safety.

 

UPDATE:

For anyone interested or anyone who may be going through the same thing. I just got done and investigation was closed out. No fines!

A few things I learned from this to help anyone else out. The reason i was audited/investigated was because I had more than 2 ELD violations in a 24 month period, which took my carrier score to a level that triggers the investigation.

They asked for a 30 day period of all logs, BOLs, fuel receipts, RODS, and dispatch records. If they find more than 10% of any HOS violations in those 30 days it goes “critical” and they could do an On-site investigation. 10% meaning 3 incidents in 30 days. I had 2 that month, 1 was driving over 8 hours without break, i drove 8hrs 39 mins, and the other was turning off ELD when i was 48 miles away from home. If i had 1 more it would have went to “critical”.

your fmcsa sms score is based on 8 different metrics. All the info is on the fmcsa site if you want to find it. You can DM me. Your score is affected by other carriers, so we are graded on a curve if you will, depending on how “in compliant” everyone else is.

There are different weights for different violations. You can have 1 egregious violation that can give u a score thats higher than someone who has a bunch of little ones.

Do not try to hide anything, the investigator told me if theres a missing period, or you are caught trying to hide something, it can trigger further investigation and fines, they want proof you weren’t working if you have along period off.

hope this helps anyone whos going through the same thing.

 

Thanks for the update

That snippet there is bs though, i need to show no bloody proof im not working, not doing it, if theyre too stupid to figure it out, im not dumb enough to incriminate myself, whats next? Log what category your hours off consist of in 15 minute increments?

Well sir, for the first 30 minutes i "greeted" my wife, then i proceeded to take an hourlong dump, followed by a 30 minute shower. Then i slept for 6 hours
*investigator stops me*
"Im going to need proof of this"

Yeah, lawyer would have been involved.

 

Lol yeah it does seem over reaching to ask for proof of not working. He never asked for mines because i didn’t have a long period break that month. But maybe if the truck was in the shop he would ask for the receipts to prove it. But i never questioned it since i didn’t want to get on his bad side or seem suspicious. Especially when its an “investigation by the feds”.

they did ask things like does anyone else help you operate the business. I jokingly said my wife sometimes cooks gross food that i pack on the road? he didnt laugh. But towards the end after talking to him over several weeks, he was a pretty chill guy.

 

Ok, a follow up to share some of the benefits of running a clean ship. Three years ago, we were audited after a couple of OOS and some other brake issues, plus small little write ups here and there.
Fast forward to today. Bought a new truck three years ago, which took care of the inspection issues, with normal maintenance, Switched to the “My20” ELD which has a geofencing option to automatically put us into ag-mode when we cross out of / into the 150 mile zone. CSA score has improved to just about clean. No insurance claims. Driver’s MVR has one minor ticket. My credit is good. We operate out of Idaho, and run fixed routes. All the ingredients insurance companies like.

After three years of clean living, we were able to renew our insurance for $9,000 per year less (under $3K, without cargo). It’s now less than a third of the cost to insure our 3 year old truck than it was to insure the 2001 it replaced. The reduction in insurance premiums is about 37% of the truck depreciation.....