FMCSA investigation due to ELD violations? What to expect?

rollin coal · Jul 20, 2021

dztruck said: ↑

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.
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Just curious, what do they consider proof that you didn't work on a long period of off duty time?

dztruck · Jul 20, 2021

rollin coal said: ↑

Just curious, what do they consider proof that you didn't work on a long period of off duty time?
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Im not sure because i didn’t have any long breaks. But the cop said they need to know everything your company did even if it’s not on-duty. I’m guessing if u took a whole week off for vacation, maybe they want some kind of proof.

It is an investigation, so they want to know if you didn’t work, but somehow a fuel receipt shows up that you went to fuel up on your day off and didn’t log it.

Long FLD · Jul 20, 2021

rollin coal said: ↑

Just curious, what do they consider proof that you didn't work on a long period of off duty time?
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I would think odometer readings would suffice. And if you’re on an ELD it will have your odometer reading.

xsetra · Jul 20, 2021

I would say: here are my logs showing I'm off duty.
If they are good enough to prove I'm working. Certainly they are good to prove when I'm not.

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