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&section=395.15§ion_toc=1947&guidence=Y

Author: Gerry Kirouac