Although motor carriers began using automated HOS recording devices in the mid-1980s to replace paper records, there have always been some outstanding questions on what the display requirements should be.
With a mandatory rule for electronic hours-of-service reporting fast approaching, FMCSA is attempting to clarify this issue with their new Notice of Regulatory Guidance: Automatic On-Board Recording Devices, which is effective May 12, 2014.
FMCSA has been informed that inspection officials sometimes request that drivers provide printouts from AOBRDs, or to email or fax records of duty status (RODS) to an enforcement official. The Agency has also been advised that, in some cases, inspection officials have issued citations to CMV drivers because their AOBRDs did not display certain information. The Federal Motor Carrier Safety Regulations (FMCSRs) have never required AOBRDs to be capable of providing printed records at the roadside, although a driver may voluntarily do so if his/her AOBRD has that capability. Such printed information must meet the display requirements of 395.15.
FMCSA is now adding questions 5 and 6 production of records during a roadside inspection with 395.15 Questions 5 and 6, reading as follows:
Question 5: What information is required to be displayed on the AOBRD?
Guidance: (1) Section 395.15(i)(5) requires that AOBRDs with electronic displays must be capable of displaying the following: ‘‘(i) Driver’s total hours of driving today; (ii) The total hours on duty today; (iii) Total miles driving today; (iv) Total hours on duty for the 7 consecutive day period, including today; (v) Total hours on duty for the prior 8 consecutive day period, including the resent day; and (vi) The sequential changes in duty status and the times the changes occurred for each driver using the device.’’
(2) While 395.15(c) requires additional information be recorded by the AOBRD, only the specific information listed in 395.15(i) (5) must be displayed.
(3) The two provisions differ because of the data display limitations of a minimally compliant AOBRD.
Question 6: Must an AOBRD be capable of providing a hardcopy printout?
Guidance: No, the FMCSRs do not require AOBRDs to provide a hardcopy printout for an enforcement official. As long as the information made available for display on the AOBRD meets the requirements of 395.15(i)(5), the driver and motor carrier are not required to provide additional RODS documentation to an enforcement official at the roadside. However, an enforcement official may request that additional information be provided by email, fax, or similar means within 48 hours for follow-up after the conclusion of the roadside inspection.
For a copy of FMCSA’s Federal Register Notice click here
Canadian Context
In Canada, this is captured in Transport Canada’s Commercial Vehicle Driver Hours of Service Regulations (since 2005) – Use of Electronic Recording Devices (Section 83) and by the Canadian Council of Motor Transport Administrators (CCMTA) who have developed a specific enforcement protocol (since 2009).
Section 83 of the Commercial Vehicle Driver Hours of Service Regulations state – A driver may use an electronic recording device for recording their duty status if:
(a) The information contained in the electronic recording device is the same as the information that would have been provided if it had been submitted as a daily log in paper format;
(b) When requested to do so by a director or an inspector, the driver can immediately provide the information for the previous 14 days by producing it on a digital display screen of the electronic recording device or in handwritten form or on a print-out or any other intelligible output, or any combination of these;
(c) The device is capable of displaying (i) the driving time and other on-duty time for each day on which the device is used, (ii) the total on-duty time remaining and the total on-duty time accumulated in the cycle being followed by the driver, and
(iii) The sequential changes in duty status and the time at which each change occurred for each day on which the device is used;
(d) the driver is capable, if so requested by an inspector, of preparing a handwritten daily log from the information stored in the device for each day on which the device is used;
(e) The device automatically records when it is disconnected and reconnected and keeps a record of the time and date of these occurrences;
(f) The device records the time spent in each duty status of the driver;
(g) Any hard copy of the daily log that is generated from the information that is stored in the device is signed on each page by the driver attesting to its accuracy; and
(h) The motor carrier provides blank daily log forms in the commercial vehicle for the driver’s use.
CCMTA – Electronic Recording Device Generated Daily Logs – Enforcement Protocol
Despite the requirements of Subsection 83 (b), officers encountering an electronic recording device generated daily log shall request the driver to show the required information on the display of the unit and attempt to determine compliance.
If the information displayed is not understandable, officers may request a driver to surrender handwritten daily logs, however officers on duty at a “Truck Inspection Station” shall give the driver an opportunity to send electronically via fax or email a printed document to the inspection station prior to requesting the driver to complete and surrender handwritten daily logs. Any printed document received must be signed by the driver attesting to its accuracy.
Additional Information
As background information for officers in CCMTA’s protocol, officers are advised that many recording devices currently in use by the industry are not capable of in-cab printing, hence the many options provided to carriers and drivers to show compliance. With a few exceptions, the protocol has been successful in allowing the enforcement, carrier and driver community to transition effectively to the use of Electronic Recording Devices. As with all new technology and procedures, there is a learning curve for the driver, carrier and enforcement community, however the transition over the past six years with this protocol has been successful Educational efforts on this technology for the enforcement community continues on a daily basis.
For drivers and carriers, a few key points to keep in mind for the continued success of this enforcement protocol include being professional and well versed in the use and operation of the electronic technology being used when asked to demonstrate compliance. In addition, some enforcement agencies may have additional policies in place that do not permit their officers to enter the cab of a vehicle to determine compliance from the electronic display or have not yet fully equipped all of their own enforcement vehicles with electronic capabilities, however will offer other methods for drivers and carriers to show compliance.
For a copy of CCMTA’s Enforcement Protocol click here: CCMTA CRA EOBR Enforcement Policy