Our resident compliance expert, Marc Moncion, took some time to answer our customers’ pressing compliance-related questions. Read this blog post to learn what his answers are!
Webinar Recap – Watch The Recording!
Click the image below to access a recording of our webinar – Ask A Compliance Expert – that was held on March 13, 2018.
Questions & Answers
Q. When a driver runs out of hours at a shipper or receiver and are being forced to leave the property, how can this legally be done?
A: I would notify your company at the first sign of your clock is getting close to running out time. They can get in contact with the shipper/receiver to make arrangements for you to stay there. They could also get another driver to come take over for you. You could leave the premise and annotate the situation in your log, but That might not preclude you from getting a ticket by. however. In the worst case, you could have to get a tow truck to take you to the closest truck parking, but that may not be well received by your employer.
Q: How long do driver logs need to to stored?
A: ELD record of duty status (RODS) data and back-up data for six months.
Q: Can we edit driver logs?
A: Both the driver and authorized carrier staff can make limited edits to an ELD record to correct mistakes or add missing information. All edits must include a note (annotation) to explain the reason for the edit. In addition, the driver must confirm (certify) that any carrier edit is accurate, and resubmit the records. If the driver chooses not to re-certify RODs, this is also reflected in the ELD record. The ELD must keep the original, unedited record, along with the edits.
Example: A carrier edits a record to switch a period of time from “off-duty” to “on-duty not driving”, with a note that explains “Driver logged training time incorrectly as off-duty”. The edit and annotation are sent to the driver to verify. The edit is not accepted until the driver confirms it and resubmits the RODS.
Q: Do drivers have to sign logs after they’ve been edited?
A: Yes. The edit is not accepted until the driver confirms it and resubmits the RODS.
Q: Who can use the 100 air-mile radius exemption?
A: All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location must satisfy the time limitations and record keeping requirements according to 395.1(e)(1).
Specifically, a driver is not required to fill out a log with a graph grid if he/she comes under the 100 air-mile radius exception. The 100 air-mile radius exception applies for any day in which a driver:
- Drives within a 100 air-mile radius of their normal work reporting location,
- Returns to their work reporting location and are released within 12 consecutive hours, and
- Follow all other basic hours-of-service rules including the 10-hour off-duty and 11-hour driving requirements.
The motor carrier must keep time records of the times a driver reports for and are released from work each day, and the total hours on duty each day. A driver does not have to have these records in their truck. This exception is optional, since a driver and their employer may choose to use a logbook even though they are within the 100 air-mile radius, so that they do not have to be released from work within 12 hours that day.
What many motor carrier that employ drivers and utilize this exception are unaware of is the fact that they must maintain and retain for a period of 6 months accurate and true time records showing:
1) The time the driver reports for duty each day;
2) The total number of hours the driver is on duty each day;
3) The time the driver is released from duty each day; and
4) the total time for the preceding 7 days in accordance with Section 395.8(j)(2) for drivers used for the first time or intermittently.
Q: What about driver who occasionally go outside of the 100 air-mile radius exemption?
A: If a driver is not travelling outside their 100 air-mile radius more than 8 days out of any 30, they are not required to use an ELD to track their hours of service for the days they are subject to HOS, and can thus equip the vehicles used in this manner in BigRoad to use only “Electronic Log”, not “ELD” or “AOBRD”, which allows the driver to basically manually create their log, with assistance on timers etc. with the exemption selected. This lets them use on-duty/off-duty only when under exemption, and track a 4-line log with appropriate headers on the few days they exceed the radius, and lets them keep sufficient records. We have many clients who have done this for years prior to ELD mandate.
However, if a driver drives outside the 100 air-mile radius 9 or more days in any 30-day period, the vehicle needs to be ELD equipped. I suspect that is not the case here.
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