It seems like the industry news lately has been loaded with stories about changes to the Hours of Service (HOS) regulations. Two of the most significant are the ongoing saga between the FMCSA and the DC Court of Appeals over the 34 hour reset and the 11 hour driving day and the abrupt change to the California intrastate rules. See http://www.fmcsa.dot.gov/about/news/news-releases/2007/hos.pdf
Keeping track of these changes (dates of the changes, transition periods, etc) can be a daunting task. An automated on-board recording device like Cadec's Series 100 systems for Mobius TTS and PowerVue can be configured to track hours and compliance with the particular DOT rule a driver is utilizing, warning the driver as he approaches his maximum on-duty or driving hours.
Here at Cadec we pride ourselves on our ability to stay abreast of the DOT and MOT HOS regulations and provide those rules to our customers quickly and accurately, relieving the burden of trying to follow each nuance of regulatory change.
Author: Karl Olson
Friday, December 21, 2007
Thursday, December 6, 2007
Everett, MA Tanker Accident Highlights Need for Roll-over Prevention and Driver Performance Management
The accident in Everett, MA yesterday morning grabbed national attention when a tanker truck carrying 9400 gallons of gasoline flipped and exploded. The burning fuel poured down residential streets, damaging multiple buildings and over 20 cars. The driver was cited for speeding and not having a federal medical certificate with him, which would certify him as fit to drive. Amazingly, no one was hurt in the accident.
The early news reports highlight the importance, particularly for private fleets, of on-board computers and fleet management systems as critical safety measures for roll-over prevention, communication, risk avoidance, and driver performance. Here are just a few examples:
Roll-over prevention – this is a technology that every petroleum carrier should be equipped with. The accident in Everett, MA happened when the tanker was traveling at a high rate of speed through a rotary, causing the truck to roll over. Today there are devices that can detect speed, center of gravity and turning ratios to provide drivers and fleet managers that a vehicle is approaching a potential roll-over situation. New technology in the more advanced on-board computer systems will leverage a software algorithm (patent pending by Heimir Sverrisson) to identify these situations as well as engine de-rate technology to shut down an engine if necessary.
Driver performance management – fleet management systems like those provided by Cadec offer real-time driver performance scorecards that identify high risk drivers based on their performance. Excessive speeds, rapid acceleration & deceleration incidents, HOS violations, and roll-over risks are regularly tracked to rank a driver’s performance. High risk drivers are easily identified to aid in behavior modification efforts. The driver in the MA accident had a record of driving offenses.
Compliance, Security & Safety - On-board computer systems have all pertinent driver file data, including medical physical due dates. The system can automatically flag the company with the need to update the driver file. If this driver does not have all the proper endorsement to meet the Hazmat criteria the on-board unit will inform the driver and the office this driver is attempting to sign in to a vehicle the driver is not eligible to operate.
Pre-trip inspections - Was the vehicle properly inspected during the pre-trip? Cadec will be offering an inspection function that will make it immediately known to anyone at the transportation company that the driver properly preformed their inspection. Each check point will be confirmed by the driver, and anything that is skipped or missed will be flagged immediately with alerts to those that need to know.
Off-route alerting - Was the driver taking a route off limits to hazardous materials? Cadec’s mapping functions can proactively identify the route the driver should take and/or avoid.
These are just a few of the important benefits that petroleum and hazmat haulers can take advantage of with on-board systems. For more information on roll-over prevention, driver performance scorecards and fleet management systems drop me an email at info@cadec.com.
Author: Frank Moreno
Wednesday, November 28, 2007
New Online Resources for Improving Fleet Management
Cadec recently published a new white paper entitled Businsess Value Through Fleet Management Optimization.
The new paper highlights the foundational elements of today’s advanced fleet management systems and the business impact they can have on organizations operating a private fleet. To introduce the business issues faced by most privatecarriers, we spotlight a wholesale food distribution company and its ChiefOperating Officer. We explore the many operational and business challengesfaced in managing the fleet and define how fleet management can impact an overall supply chain.
To address these challenges, we review the features of the Cadec PowerVue system and its ability to integrate seamlessly with existing supply andtransportation management systems. We conclude with a review of thebenefits that fleet management systems can bring, including reducedcosts, maximum efficiency and increased productivity, while providinghigh levels of customer service and improved driver safety and performance.
Additionally, the site also features two recent webcasts on Driver Safety/Risk Avoidance and Driver Performance Management.
Author: Frank Moreno
The new paper highlights the foundational elements of today’s advanced fleet management systems and the business impact they can have on organizations operating a private fleet. To introduce the business issues faced by most privatecarriers, we spotlight a wholesale food distribution company and its ChiefOperating Officer. We explore the many operational and business challengesfaced in managing the fleet and define how fleet management can impact an overall supply chain.
To address these challenges, we review the features of the Cadec PowerVue system and its ability to integrate seamlessly with existing supply andtransportation management systems. We conclude with a review of thebenefits that fleet management systems can bring, including reducedcosts, maximum efficiency and increased productivity, while providinghigh levels of customer service and improved driver safety and performance.
Additionally, the site also features two recent webcasts on Driver Safety/Risk Avoidance and Driver Performance Management.
Author: Frank Moreno
Friday, October 26, 2007
Is Satellite the best solution for "Dangerous Cargo"?
A recent History channel show “Modern Marvels: Dangerous Cargo” talked about using satellite technology to track Hazmat cargoes moving around the States. I have both satellite radio in my car and satellite television in my home. While both normally perform fine I find that occasionally, usually in a city or in a heavy foliage area, my satellite radio (in my moving car) will cut out and display “no signal”, and when a storm moves into the line of sight from my home (which doesn’t move) to the satellite signal is lost.
Now consider your fleet management systems for fuel or hazardous materials. Could these signal loss periods lead to “lost” cargoes that need to be tracked? In an August 2004 report, the US DOT stated that:
“Satellite systems, which include GPS, voice and text communications, and other satellite-based functionalities, presently require good satellite coverage and the well known "line-of-sight" condition (i.e., to be effective, they cannot be blocked by thick vegetation, tall buildings, or tunnels). Therefore, vehicles can lose satellite signals in urban areas, underpasses, and, more rarely, areas with a gap in satellite coverage. From a security standpoint, solutions to this inherent problem are challenging since a conservative policy would be to initiate some action whenever there is a loss of signal. An evolving solution is to utilize hybrid systems that automatically switch between satellites and terrestrial systems based on signal strength and availability.”
While the technology is advancing it doesn’t seem ready yet to deliver 100% consistent reliability to tracking of these cargoes.
Ref. http://www.fmcsa.dot.gov/safety-security/hazmat/fot/finalrpt/index.htm
Author: Gerry Kirouac
Now consider your fleet management systems for fuel or hazardous materials. Could these signal loss periods lead to “lost” cargoes that need to be tracked? In an August 2004 report, the US DOT stated that:
“Satellite systems, which include GPS, voice and text communications, and other satellite-based functionalities, presently require good satellite coverage and the well known "line-of-sight" condition (i.e., to be effective, they cannot be blocked by thick vegetation, tall buildings, or tunnels). Therefore, vehicles can lose satellite signals in urban areas, underpasses, and, more rarely, areas with a gap in satellite coverage. From a security standpoint, solutions to this inherent problem are challenging since a conservative policy would be to initiate some action whenever there is a loss of signal. An evolving solution is to utilize hybrid systems that automatically switch between satellites and terrestrial systems based on signal strength and availability.”
While the technology is advancing it doesn’t seem ready yet to deliver 100% consistent reliability to tracking of these cargoes.
Ref. http://www.fmcsa.dot.gov/safety-security/hazmat/fot/finalrpt/index.htm
Author: Gerry Kirouac
Tuesday, October 23, 2007
Summary from SearchEnterpriseLinux.com
We recently had a great discussion with TechTarget on the use of Oracle and Linux for the PowerVue fleet management system. Check out the article:
"Firm picks Oracle 10g on Red Hat Enterprise Linux for the long haul By Jack Loftus, News Writer, 19 Oct, 2007 SearchEnterpriseLinux.com"
When it came time for fleet tracking and management software provider Cadec Global LLC to rebuild its software as a Software as a Service (SaaS) offering, Cadec's chief architect, Heimir Sverrisson, knew it had to be deployed on Linux, not Microsoft Windows or a proprietary Unix flavor like Sun Microsystems' Solaris or IBM's AIX.
Cadec's old system, Mobius TTS, was a client/server application based on Microsoft Windows running SQL Server. From the outset, Windows was eliminated because of scalability concerns; it didn't scale well enough to be used as a mission-critical SaaS platform. "On system administration tasks and operations, it was cumbersome and hard to script, and as a platform, hidden registries were a nasty thing, and you couldn't move components across machines very easily," Sverrisson said.
Click here for full article: http://searchenterpriselinux.techtarget.com/originalContent/0,289142,sid39_gci1277719,00.html
Author: Heimir Sverrisson
"Firm picks Oracle 10g on Red Hat Enterprise Linux for the long haul By Jack Loftus, News Writer, 19 Oct, 2007 SearchEnterpriseLinux.com"
When it came time for fleet tracking and management software provider Cadec Global LLC to rebuild its software as a Software as a Service (SaaS) offering, Cadec's chief architect, Heimir Sverrisson, knew it had to be deployed on Linux, not Microsoft Windows or a proprietary Unix flavor like Sun Microsystems' Solaris or IBM's AIX.
Cadec's old system, Mobius TTS, was a client/server application based on Microsoft Windows running SQL Server. From the outset, Windows was eliminated because of scalability concerns; it didn't scale well enough to be used as a mission-critical SaaS platform. "On system administration tasks and operations, it was cumbersome and hard to script, and as a platform, hidden registries were a nasty thing, and you couldn't move components across machines very easily," Sverrisson said.
Click here for full article: http://searchenterpriselinux.techtarget.com/originalContent/0,289142,sid39_gci1277719,00.html
Author: Heimir Sverrisson
Thursday, October 4, 2007
DOT compliance, driver productivity and data accuracy
We have been very busy here at Cadec lately working on the first release of our brand new PowerVue platform. Of course we build on the thirty years experience of mobile computing and many generations of DOT-compliant software within the company. The top priority is to capture all the driver activity correctly and make sure the system computes hours-of-service correctly depending on the DOT-rule in effect.
In order to collect the information form the driver most systems rely on manual driver input for things like duty status changes. This is true for the Cadec Mobius TTS system which we are improving on now with PowerVueTM. During the design of PowerVueTM we’ve found several ways to reduce manual input of the driver and improve accuracy at the same time. A good example is how we now handle stops. If a vehicle is in motion (automatically detected from the ECM) the driver has to be in DOT-drive status. When the vehicle stops we now wait a configurable period of time, say 5 minutes, and if we do not get any interaction from the driver during that period of time we prompt him for his activity. This way we remind the driver to register his activity correctly and when he does we can safely change his DOT-drive status from the beginning of the stop to DOT-On-Duty status associated with the particular activity. His DOT-drive hours are thereby minimized, we collect the correct timestamps without relying on the driver to push a button at a certain time and register the correct activity for payroll and/or data-mining.
Now a driver doing a delivery at a customer site can jump right out of the truck when he arrives and begin his delivery. When he comes back the on-board computer waits for him with a prompt for his activity, which he can then register just before leaving for the next stop. If he does not even bother registering the activity he only has to confirm his DOT-location and take off. In this case PowerVue will register his activity as an unknown stop and as we know his precise location we can later change that on-duty activity to a delivery at the customer in question but the drivers hours-of-service are correct and he is completely legal all the time.
Author: Heimir Sverrisson
In order to collect the information form the driver most systems rely on manual driver input for things like duty status changes. This is true for the Cadec Mobius TTS system which we are improving on now with PowerVueTM. During the design of PowerVueTM we’ve found several ways to reduce manual input of the driver and improve accuracy at the same time. A good example is how we now handle stops. If a vehicle is in motion (automatically detected from the ECM) the driver has to be in DOT-drive status. When the vehicle stops we now wait a configurable period of time, say 5 minutes, and if we do not get any interaction from the driver during that period of time we prompt him for his activity. This way we remind the driver to register his activity correctly and when he does we can safely change his DOT-drive status from the beginning of the stop to DOT-On-Duty status associated with the particular activity. His DOT-drive hours are thereby minimized, we collect the correct timestamps without relying on the driver to push a button at a certain time and register the correct activity for payroll and/or data-mining.
Now a driver doing a delivery at a customer site can jump right out of the truck when he arrives and begin his delivery. When he comes back the on-board computer waits for him with a prompt for his activity, which he can then register just before leaving for the next stop. If he does not even bother registering the activity he only has to confirm his DOT-location and take off. In this case PowerVue will register his activity as an unknown stop and as we know his precise location we can later change that on-duty activity to a delivery at the customer in question but the drivers hours-of-service are correct and he is completely legal all the time.
Author: Heimir Sverrisson
Friday, September 28, 2007
Latest on the HOS changes
This is a summary from TheTrucker.com on the latest in the HOS rule changes:
FMCSA seeks 12-month stay on HOS ruling
The Federal Motor Carrier Safety Administration (FMCSA) late Friday said it had asked the Washington, D.C. Circuit Court of Appeals to delay implementing its ruling vacating two portions of the Hours of Service (HOS).
FMCSA’s statement followed a notice sent out by the American Trucking Associations Friday afternoon that said it “welcomes the Federal Motor Carrier Safety Administration memorandum that asks the D.C. Circuit Court of Appeals to delay implementing its ruling on regulations that govern the working hours of commercial drivers.”
In its response to press inquiries about the ATA notice, FMCSA stated that: “ … We support the [ATA] motion and seek a stay period of 12 months, during which time we will focus on gathering data and comments to address the court's procedural issues and determine the agency's best steps to improve safety on America's highways."
ATA explained that an “FMCSA memorandum filed today [Friday] strongly supports ATA’s request that the Court’s vacating of the 11- and 34-hour provisions of the Hours of Service rules be stayed pending their reconsideration by the agency.”
“We are pleased that the agency has supported our motion and our view that the Court ruled only on the procedures that FMCSA used in adoption of the HOS regulations, and not on the regulations themselves,” said ATA President and CEO Bill Graves in the ATA notice. “It is also important to note that the FMCSA states that ‘available data show that continuing the status quo will not diminish safety,’’’ the ATA statement added.
According to ATA: “FMCSA said a stay was needed to ‘prevent substantial disruption of trucking operations,’ and cited timing concerns and significant transition costs to the industry related to a rule change. Those costs could ‘have to be incurred again,’ FMCSA said. The agency also predicted disruptions and confusion in HOS enforcement if the rules were changed.”
ATA said FMCSA “expressly stated that it ‘agrees with ATA that maintaining the status quo will not harm public safety or driver health.’ In support of that statement, improving safety statistics were cited, including a declining trend in fatigue-related accidents.”
FMCSA stated that the Court had invalidated the 11- and 34-hour provisions “on procedural grounds only” and that the “Court’s decision did not foreclose issuance of a new rule that contains the 11-hour and 34-hour provisions, assuming the agency provides the requisite notice-and-comment and adequately explains its reasoning,” ATA noted.
“It is expected that Public Citizen, who led the challenge to HOS rule, will file a memorandum opposing the stay later today,” ATA said.
http://www.thetrucker.com/News/Stories/2007/9/21/FMCSAseeks12-monthstayonHOSruling.aspx
Author: Karl Olson
FMCSA seeks 12-month stay on HOS ruling
The Federal Motor Carrier Safety Administration (FMCSA) late Friday said it had asked the Washington, D.C. Circuit Court of Appeals to delay implementing its ruling vacating two portions of the Hours of Service (HOS).
FMCSA’s statement followed a notice sent out by the American Trucking Associations Friday afternoon that said it “welcomes the Federal Motor Carrier Safety Administration memorandum that asks the D.C. Circuit Court of Appeals to delay implementing its ruling on regulations that govern the working hours of commercial drivers.”
In its response to press inquiries about the ATA notice, FMCSA stated that: “ … We support the [ATA] motion and seek a stay period of 12 months, during which time we will focus on gathering data and comments to address the court's procedural issues and determine the agency's best steps to improve safety on America's highways."
ATA explained that an “FMCSA memorandum filed today [Friday] strongly supports ATA’s request that the Court’s vacating of the 11- and 34-hour provisions of the Hours of Service rules be stayed pending their reconsideration by the agency.”
“We are pleased that the agency has supported our motion and our view that the Court ruled only on the procedures that FMCSA used in adoption of the HOS regulations, and not on the regulations themselves,” said ATA President and CEO Bill Graves in the ATA notice. “It is also important to note that the FMCSA states that ‘available data show that continuing the status quo will not diminish safety,’’’ the ATA statement added.
According to ATA: “FMCSA said a stay was needed to ‘prevent substantial disruption of trucking operations,’ and cited timing concerns and significant transition costs to the industry related to a rule change. Those costs could ‘have to be incurred again,’ FMCSA said. The agency also predicted disruptions and confusion in HOS enforcement if the rules were changed.”
ATA said FMCSA “expressly stated that it ‘agrees with ATA that maintaining the status quo will not harm public safety or driver health.’ In support of that statement, improving safety statistics were cited, including a declining trend in fatigue-related accidents.”
FMCSA stated that the Court had invalidated the 11- and 34-hour provisions “on procedural grounds only” and that the “Court’s decision did not foreclose issuance of a new rule that contains the 11-hour and 34-hour provisions, assuming the agency provides the requisite notice-and-comment and adequately explains its reasoning,” ATA noted.
“It is expected that Public Citizen, who led the challenge to HOS rule, will file a memorandum opposing the stay later today,” ATA said.
http://www.thetrucker.com/News/Stories/2007/9/21/FMCSAseeks12-monthstayonHOSruling.aspx
Author: Karl Olson
Interesting Article on FMCSA's EBOR Rule
We recently came across a very interesting posting on the JJ Keller website regarding how the EOBR rule could be expanded to cover more companies:
FMCSA: EOBR rule could be expanded, cover more companies
Proposed rules requiring certain “bad apple” trucking companies to install electronic on-board recorders (EOBRs) to track their drivers’ hours of service may be expanded to cover additional companies once the rules are finalized next year, according to an official from the Federal Motor Carrier Safety Administration (FMCSA).
Larry Minor, the agency’s Associate Administrator for Policy and Program Development, said the FMCSA is currently reviewing comments on the proposed rules, and due to “very strong feedback” from groups that want all trucks to have EOBRs, the agency may increase the number of companies that would be required to install the devices.
The complete article can be found here:
http://www.jjkeller.com/news/newsinfo/T_news2248.htm?ticket=1000277804032516409084067503&pageseq=10000
Author: Karl Olson
FMCSA: EOBR rule could be expanded, cover more companies
Proposed rules requiring certain “bad apple” trucking companies to install electronic on-board recorders (EOBRs) to track their drivers’ hours of service may be expanded to cover additional companies once the rules are finalized next year, according to an official from the Federal Motor Carrier Safety Administration (FMCSA).
Larry Minor, the agency’s Associate Administrator for Policy and Program Development, said the FMCSA is currently reviewing comments on the proposed rules, and due to “very strong feedback” from groups that want all trucks to have EOBRs, the agency may increase the number of companies that would be required to install the devices.
The complete article can be found here:
http://www.jjkeller.com/news/newsinfo/T_news2248.htm?ticket=1000277804032516409084067503&pageseq=10000
Author: Karl Olson
Thursday, September 13, 2007
More on Using an OBC for RODS/HOS
The following regulation in the FMCSR (Federal Motor Carrier Safety Regulation) informs any company using an on-board recording device for their record of duty status (RODS) / hours of service (HOS)
395.15 (g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items:
395.15(g)(1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on board recording system; and
395.15(g)(2) A supply of blank driver's records of duty status graph grids sufficient to record the driver's duty status and other related information for the duration of the current trip.
The reason for 395.15(g)(2) is due to regulation 395.15(f) that states a driver must have 7 or 8 days of their hours of service logs reconstructed in the event of an on-board recorder’s failure.
(f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on board recording devices, and to reconstruct the driver's record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational.
Author: Karl Olson
395.15 (g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items:
395.15(g)(1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on board recording system; and
395.15(g)(2) A supply of blank driver's records of duty status graph grids sufficient to record the driver's duty status and other related information for the duration of the current trip.
The reason for 395.15(g)(2) is due to regulation 395.15(f) that states a driver must have 7 or 8 days of their hours of service logs reconstructed in the event of an on-board recorder’s failure.
(f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on board recording devices, and to reconstruct the driver's record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational.
Author: Karl Olson
HOS Grid
Some users have asked us to show the Hours of Service grid in 15 minute increments, similar to how a “paper log” would be created by a driver.
We wrote to the FMCSA and received an “unofficial” interpretation from one of their most experienced enforcement agents.
Our request was to move start time on the grid forward to the quarter hour when 7 and a half minutes was met and move the grid back to the previous quarter hour if the total time had not reached 7 and a half minutes.
His “unofficial” response was:
“It sounds good, BUT, when using a pencil/pen, the 15 minute grid is necessary. I believe that since technology is being used, the time to the second should be used (My opinion). Mixing seconds and 15 minutes, could lead to a "false" log entry. NOT, 'could', it 'would' lead to a false log entry. If I were making the case, I would state that the carrier had the ability to record to the second, but elected to use the false log entry”.
Author: Karl Olson
We wrote to the FMCSA and received an “unofficial” interpretation from one of their most experienced enforcement agents.
Our request was to move start time on the grid forward to the quarter hour when 7 and a half minutes was met and move the grid back to the previous quarter hour if the total time had not reached 7 and a half minutes.
His “unofficial” response was:
“It sounds good, BUT, when using a pencil/pen, the 15 minute grid is necessary. I believe that since technology is being used, the time to the second should be used (My opinion). Mixing seconds and 15 minutes, could lead to a "false" log entry. NOT, 'could', it 'would' lead to a false log entry. If I were making the case, I would state that the carrier had the ability to record to the second, but elected to use the false log entry”.
Author: Karl Olson
Thursday, September 6, 2007
Can companies require drivers to use an OBC?
Companies using On Board Recorders sometimes are concerned about getting their drivers to use the new system. The FMCSR clearly states the company has the right and authority to require their drivers to use use on-board recorders. Refer to 395.15(a)(1) and 395.15(a)(2):
395.15 Automatic on board recording devices.
(a) Authority to use automatic on-board recording device.
(a)(1) A motor carrier may require a driver to use an automatic on board recording device to record the driver's hours of service in lieu of complying with the requirements of §395.8 of this part.
(a)(2) Every driver required by a motor carrier to use an automatic on board recording device shall use such device to record the driver's hours of service.
Author: Karl Olson
395.15 Automatic on board recording devices.
(a) Authority to use automatic on-board recording device.
(a)(1) A motor carrier may require a driver to use an automatic on board recording device to record the driver's hours of service in lieu of complying with the requirements of §395.8 of this part.
(a)(2) Every driver required by a motor carrier to use an automatic on board recording device shall use such device to record the driver's hours of service.
Author: Karl Olson
Tuesday, September 4, 2007
Can users of OBCs amend duty status during a trip?
Cadec Global interprets the Federal Motor Carrier Safety Regulations (FMCSR) to the letter of the law. We strive to be 100% compliant with the regulations. Whenever a regulation has a perceived gray area, we review the guidance portion of the Federal Motor Carrie Safety Administrations (FMCSA) website. If there is no guidance found there, we contact the FMCSA directly and receive a written opinion.
Below is a question asked often by transportation personnel:
May a driver who uses an automatic on board recording device amend his/her record of duty status during a trip?
No. Section 395.15(i)(3) requires automatic recording devices, to the maximum extent possible, be tamperproof and preclude the alteration of information collected concerning a driver’s hours of service. If a driver was allowed to amend their record of duty status while in transit, legitimate amendments could not be distinguished from falsifications. Records of duty status maintained and generated by an automatic on board recording device may only be amended by a supervisory motor carrier official to accurately reflect the driver’s activity. Such supervisory motor carrier official must include an explanation of the mistake. Both the original and amended record of duty status must be retained by the motor carrier.
The above interpertation is found on the FMSCA website at the following link:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?rule_toc=764§ion=395.15§ion_toc=1947&guidence=Y
Author: Gerry Kirouac
Below is a question asked often by transportation personnel:
May a driver who uses an automatic on board recording device amend his/her record of duty status during a trip?
No. Section 395.15(i)(3) requires automatic recording devices, to the maximum extent possible, be tamperproof and preclude the alteration of information collected concerning a driver’s hours of service. If a driver was allowed to amend their record of duty status while in transit, legitimate amendments could not be distinguished from falsifications. Records of duty status maintained and generated by an automatic on board recording device may only be amended by a supervisory motor carrier official to accurately reflect the driver’s activity. Such supervisory motor carrier official must include an explanation of the mistake. Both the original and amended record of duty status must be retained by the motor carrier.
The above interpertation is found on the FMSCA website at the following link:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?rule_toc=764§ion=395.15§ion_toc=1947&guidence=Y
Author: Gerry Kirouac
Friday, August 3, 2007
Possible New DOT Rule Rollbacks
Dear Cadec customer:
The U.S. Court of Appeals for the D.C. Circuit recently issued a decision vacating the Federal Motor Carrier Safety Administration’s hours of service rules that allow commercial motor vehicle drivers to operate 11 hours in one duty period. In addition, the court threw out the FMCSA rule that allows drivers to restart a weekly on-duty period with 34 consecutive hours off duty. All other provisions of the hours of service regulations in 49 CFR Part 395 remain in effect.
The court’s decision does not go into effect immediately. There is a 45-day period before the court issues its mandate, which is an order to implement the terms of the decision. Seven days after the mandate is issued, if no stay has been granted by the court, then the decision is effective. Thus, if approved, this change is to take effect on or about September 11, 2007.
Please be assured that we at Cadec Global are aware of this ruling. Modifications are already in progress and will be tested and available by the decision date, allowing seamless compliance with these new regulations.
For additional information on the proposed rule changes, please follow this link: http://www.fmcsa.dot.gov/HOS-Statement.htm
Author: Gerry Kirouac
The U.S. Court of Appeals for the D.C. Circuit recently issued a decision vacating the Federal Motor Carrier Safety Administration’s hours of service rules that allow commercial motor vehicle drivers to operate 11 hours in one duty period. In addition, the court threw out the FMCSA rule that allows drivers to restart a weekly on-duty period with 34 consecutive hours off duty. All other provisions of the hours of service regulations in 49 CFR Part 395 remain in effect.
The court’s decision does not go into effect immediately. There is a 45-day period before the court issues its mandate, which is an order to implement the terms of the decision. Seven days after the mandate is issued, if no stay has been granted by the court, then the decision is effective. Thus, if approved, this change is to take effect on or about September 11, 2007.
Please be assured that we at Cadec Global are aware of this ruling. Modifications are already in progress and will be tested and available by the decision date, allowing seamless compliance with these new regulations.
For additional information on the proposed rule changes, please follow this link: http://www.fmcsa.dot.gov/HOS-Statement.htm
Author: Gerry Kirouac
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