Potential ELOG flaw - how can they handle this?

Discussion in 'Trucking Industry Regulations' started by Bdog, Apr 29, 2017.

  1. Bdog

    Bdog Road Train Member

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    We have several pickups with GVWRs under 10,001 pounds that are used in interstate commerce. When we pull trailers they are over 10,001 combined and are required to log. However without a trailer they are not even classified as CMVs so the driver logs driving time without a trailer as on duty not driving.

    Often times we do both in the same day. Haul a trailer to the job site, unhook, drive around with no trailer, maybe get trailer and move it etc. Some times they go days without a trailer and sometimes those days they work over 14hrs because they are not regulated at all because they are not driving a CMV.

    When working in state they don't have to log at all because even with a trailer they are under 26k and thus not considered a CMV for intrastate operations.

    So if am understanding it right these ELD devices are going to automatically record anytime the truck is moving as driving on the log when actually in our case it is not. How is this handled?

    I have come to accept these things for the semi and they will not be that bad I don't think but for the pickups it seems like a clusterfork.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    You can disconnect the logging system for the day but if it is a mixed day, you can edit the logs to reflect that. If you have extended 14 hours days, there can be an issue with that.

    I thought the trailer had to be under 10k for all states not to be logged.
     
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  4. Eeyore05

    Eeyore05 Medium Load Member

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    Isn't it still considered a cab, as it's registered as such? So if you have the trailer or not you should still be logging. Like the guys that pull campers, I believe they have to log both ways, if they have the camper on or not. Because they are considered a cab.

    I don't know, maybe I'm misinformed?
     
  5. uncleal13

    uncleal13 Road Train Member

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    If you drive a commercial vehicle that require logs, you will have to account for your time working other jobs too. Even if it's a cashier at wall mart. So while bobtailing the pickup you won't be asked for logs, while pulling a trailer you will be asked for logs and have to show the time you were working without a trailer. It all counts against your daily 14 hour limit and weekly 60/70 hour limit.
    After hitting those limits you could still drive the pickup, but you can't pull the trailer.
     
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  6. Eeyore05

    Eeyore05 Medium Load Member

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    If it's a dot registered vehicle, trailer or not, you still have your name and numbers on the side correct??
     
  7. Bdog

    Bdog Road Train Member

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    Yes we have to account for all hours worked during the week to make sure we don't go over our 70 and yes our trucks have DOT numbers on them but I have had this very discussion with the DOT during audits and when the pickups are under 10,001 they have no logging requirements other than keeping up with hours worked so that you are in compliance with your 70 and showing your past 7 days when you are pulling a trailer.

    My concern with the ELD is it will always be there. If we unplug it when not regulated I am sure that will be a red flag to the DOT I don't know.
     
  8. Bdog

    Bdog Road Train Member

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    These are registered as pickups. Not as cabs or tractors. They drive probably 80 miles without a trailer for every 20 miles with.
     
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  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Are you mostly local or OTR? If you typically would not be required to log (100 air mile radius exception, for example), you're exempt from the ELD mandate and are allowed 8 days per 30 where you don't qualify for the exception (and have to fill out a log book page for that day) before losing that exemption.

    In other words, if the drivers of the pickup trucks pull a trailer so infrequently that they would be required to keep a log book for 8 days or fewer per 30 day period, then you do not have to put elogs in the pickups. If they regularly must log 9 or more days, then you have to worry about it.

    So the real question is, do they fall into this exemption or not? If so, don't worry about it. If not, then deal with it.
     
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  10. brian991219

    brian991219 Road Train Member

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    Since you switch between intrastate and interstate frequently, and already account for all your on-duty time anyway it really won't matter that the eld is recording at all times. Unless when you are running under 10,000 pounds you are physically driving more than 11 hours or beyond the 14th hour. If that is the case, then yes the eld will be a problem for your company. Otherwise, no big deal since all work, even when not related to interstate commerce is to be counted in your 70 hour weekly total there is no disadvantage to logging it even when not legally required to do so.

    Also, since you use the pickup trucks for personal conveyance after the work day is done (meals and lodging) you can set the parameters in the eld to include line 5, off-duty driving. This would allow you to drive the pickup, or even your tractor bobtail, without counting against your 11, 14, or 70 hour clocks. The only requirement to use personal conveyance in a commercial vehicle is to be unladen and to not be in furtherance of commerce, which in plain English means not doing any work or re-positioning yourself to be available for work. You would have to start your next day where you logged off-duty to be able to use this exception.
     
  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Not exactly. You can be released from duty and PC it home...and then be dispatched from the house the next day at which point you'd be "under dispatch" and would start your log book from the house.
     
    Bean Jr. Thanks this.
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