Potential ELOG flaw - how can they handle this?

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

  1. brian991219

    brian991219 Road Train Member

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    I would say, if the truck is not a commercial vehicle it would be grey at best, but could be a solution to the eld problem. You are correct, technically any operation of a non-commercial motor vehicle at the direction of a motor carrier is on-duty not driving time for HOS purposes, so maybe it can be accomplished with an eld.

    So that I don't put my foot in my mouth, have been known to do that a time or two, I will ask our eld manufacturer tomorrow morning to clarify if their device can accommodate this particular rule set. I will let you know what they say. Fair enough?
     
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  3. brian991219

    brian991219 Road Train Member

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    Upon further though, I will rescind my recommendation to use PC to record this movement. It is clear in the guidance for the definition of on-duty time that all time spent driving a non-commercial vehicle at the direction of a motor carrier must be recorded as on-duty, not driving so I would imagine an ELD would have to support this option in the special rule sets.

    I have sent an email to our manufacturer to ask for clarification of this and how our device will handle this unique rule set. I will post what they say when they respond.
     
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  4. Zeviander

    Zeviander Road Train Member

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    Only exemptions you have available to you are the 100 air-mile radius local driver and personal conveyance (it's 75km in Canada), neither of which can help you if you drive outside of the terminal radius. Other than that, if it's an interstate vehicle, you are required to log all on-duty/driving time.
     
  5. Bdog

    Bdog Road Train Member

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    You are required to keep up with your on duty hours so that you do not exceed your 70 when it comes time to drive a CMV but a pickup under 10k is not a CMV. I don't see how these gadgets can know if I have a trailer or not.

    Trailer? If yes then I am a CMV because it is over 10k combined. All HOS rules apply. If no I can drive 24 hours straight if I want to with no logs. It is not a CMV by definition.
     
  6. brian991219

    brian991219 Road Train Member

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    Bdog, sorry it took so long to reply. Our device is set up to handle exactly your situation, we have them in several oil field outfits that have a mix of commercial and non-commercial trucks. You will have a log in for each operator of the pickup truck, and the ones that you identify as commercial drivers the eld will log them as on-duty not driving when you have the pickup truck selected as non-commercial. This will keep you 70 hour weekly total accurate and comply with the FMCSA guidance I have attached below that explains how time operating a non-commercial vehicle at the direction of a motor carrier should be logged by a commercial driver, which obviously is the case with your company.
    Question 14: How must a Commercial Motor Vehicle CMV driver driving a non-Commercial Motor Vehicle CMV at the direction of a motor carrier record this time?

    Guidance: If Commercial Motor Vehicle CMV drivers operate motor vehicles with Gross Vehicle Weight Rating (GVWR)s of 10,000 pounds or less at the direction of a motor carrier, the Federal Highway Administration (FHWA) requires those drivers to maintain records of duty status and record such time operating as on-duty (not driving).

    Another option for you Bdog, is to not log anyone into the ELD when the truck is not a qualified commercial vehicle, this will show on your safety manager screen on the computer at the office as unassigned driving time where your dispatcher can make a note that the truck was not subject to hos at the time. This is how fleets will have to deal with mechanics and such driving their trucks when they go in for service, all movement of the truck will be recorded and will need to be accounted for on the office side of the ELD, but the roadside enforcement guy will not see that time on his inspection screen or report.
     
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  7. Bdog

    Bdog Road Train Member

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    Thanks Brian.

    I got your message as well just have been swamped. I have worked 70 hours in the last four days.

    I will get back with you when I catch my breath.
     
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