HOS driving violation

In my opinion, you won the internet with those words. I would just add "there is NO one size fits all answers to these situations". And it's a mistake to look for them. As I said in a previous post. The FMCSA actually expects to see violations from time to time. They also want to see the corrective actions of the carrier. those notes you speak of is the lynchpin of these corrections. Unfortunately, there are some "Richards" out there that are DOT officers.

I would be careful with that common sense comment. The first problem is it's not that common here.

 

With these stupid ELD's, drive time is activated when the tractor is at or exceeds five mph.

You can combat this by using pc at the shipper or consignee. Though you must show on duty time at a shipper or consignee, using pc at a dock won't be noticeable enough to be considered advancing the load while using pc.

If forced to move when out of drive time, I will use pc to locate parking as quickly as possible.

The best information you'll receive should be someone from your company's logbook department or safety.

 

fine what fine. theres no qualcomm fine. company may say something tho. dot will say something if checked. but after 7 days who cares.

 

Well played

 

My QUALCOM takes me out of "YARD MOVE" only if I exceed 15 mph.

 

Then it's in AOBR mode, not the legally required ELD mode (unless exempt)

 

How do megas get audited? I can’t imagine auditor going through thousands of logs.

 

They along with ALL carriers of any size are scheduled for audits for several reasons. The FMCSA doesn't care if the carrier has 10 trucks or 100 thousand trucks. They have 2 basic ways they do this. The first and most common is they ask for all the data to be sent to them via fax or email. They can also do a physical onsite check too. They will check for compliance with Hiring, Driver files and Driver HOS records. They will also check for Part 40 compliance (drug testing) and then want to see hazmat records if any! They will also want to take a look at maintenance related items as well. They will then communicate to the carrier the results. If the carrier is graded satisfactory that's it until they do it again. If not, they will communicate the reasons why and give a compliance date, and make it clear they can make an unannounced visit afterward.

On the point of Driver HOS records. They can also hit a local company too. I remember a ready mix company that got audited. The auditor was combing through time cards. Never forget local radius drivers with limited exceptions are subject to the HOS rules if they also do interstate commerce as this company did. Also, it is important to remember. For the purposes of HOS compliance in regard to interstate commerce, a CMV is any vehicle with a rated weight of over 10,001 pounds used to move interstate goods, and YES you do have to comply with part 395!

 

I appreciate taking your time to explain it. Thank you!