Who is Responsible?

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Grouch, Jul 9, 2023.

  1. Grouch

    Grouch Road Train Member

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    Eld malfunction, driver goes on paper logs. The trip ends . Driver turns in the paper log. Who is responsible to edit the electronic log that the driver has logged it on paper? Driver did exactly what he was required to do, ELD malfunctioned, driver went on paper and turned the paper log into safety. Who is "under the gun" to go back and show how driver got from point A to point B on the ELD ??
     
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  3. dieselpowered

    dieselpowered Heavy Load Member

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    The driver is responsible make sure you get a case number and they tell you to go paperless. It is your job after to make it match up after everything on the eld to match. Even if it's company it's some responsibility your the one who would have a ticket that damages your cdl not the company.
     
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  4. ZVar

    ZVar Road Train Member

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    No one edits the eld. That's what the paper is for. Now if there is company policy, that's one thing, bur by default there is no reason to edit. It's easier to keep track of the 6 month retention requirement, but there is no regulations requiring it.
     
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  5. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    It happens, and the driver can't edit driving events or add them back in.

    Another thing that happens in operations where truck assignments are fluid is that people who have exemptions don't log trips that are exempt, and the ELD company tries to assign the driving to anyone who has logged driving in that unit, which must be rejected if not correct.
     
  6. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    So much for all the time saved by not having to do it on paper.
     
  7. Grouch

    Grouch Road Train Member

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    OK, allow me to ask another question on this subject. Here is a driver who does a trip on paper log because the ELD has malfunction, but the ELD shows the driver off duty for the trip, he logging it on paper but if he goes to another truck on the next trip, all the time he was on paper, the ELD working fine in the truck he is in now, it shows him off duty all the time he was on paper. How is this corrected?

    :Lets say he runs from Charlotte, NC to Atlanta, Ga on paper, he gets to Atlanta,he switches tractors. He logs in and for the time from Charlotte to Atlanta the truck he is in now the ELD is fine, but this ELD has no knowledge of trip down to Atlanta, it shows him off duty. Last log out was in Charlotte, so how to you explain, you got from Charlotte t

    I hope I made it clear.
     
    Last edited: Jul 10, 2023
    Reason for edit: Added more
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  8. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    We had one kind, and switched to another kind, but not everyone was OK with the switch so we had 2 different ones being used for awhile.
    Not good at all.

    To answer the above, you should be able to log on duty, with notation that a paper log was used in lieu of the ELD. The paper log must also be noted if used in place of the ELD. I put ELD malfunction in the notes.
     
  9. ZVar

    ZVar Road Train Member

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    You made it clear, but from a regulations point of view it doesn't matter. You have to use the grey matter between your ears and not blindly trust the eld clock, since it doesn't have all the information, But nothing requires the eld to have the paper log information edited in. Oh, during an inspection you had better have both the eld and paper logs have the appropriate notes on them as to why you are using paper.

    Now that is what the regulations require, not necessarily the best practices. Personally I would edit the eld to match the paper logs, and shred the paper so everything on eld is accurate. That's me though and not what the regulations require. As such the original question of who is responsible is moot, as neither are responsible.
     
  10. Brandt

    Brandt Road Train Member

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    Seems like to me if the ELD fails, you just log paper logbook until you get if fixed or in another truck that has working ELD. The drive would turn in the paper logs and the company would just keep the paper copies just like used to if anyone wanted to see them.

    We ran paper log book and ELD the first week we switched to ELDs in case we got stopped by DOT. They both had to match but the paper log book was basically proof of what we did the week before and the week driving as we switched to ELD. You would no go back and try to fix what the ELD said if it was not working properly.
     
  11. FLHT

    FLHT Heavy Load Member

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    The company I was leased to would update the information to the ELD along with a notation off the paper log.
     
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