Notice of regulatory guidance.
CFR Part: "49 CFR Part 395"
Citation: "79 FR 39342"
"Rules and Regulations"
SUMMARY: FMCSA revises its regulatory guidance concerning records of duty status (RODS) generated by logging software programs on laptop computers, tablets, and smartphones. These logging software programs are used by certain drivers to help them prepare RODS, but the computers, tablets, and smartphones with such software do not meet FMCSA's requirements for automatic on-board recording devices (AOBRDs). The revision of the guidance clarifies the relationship between the Agency's policy concerning the use of logging software programs and the Agency's
DATES: This regulatory guidance is effective
FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and Carrier Operations Division,
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Records of Duty Status
Generally, drivers of CMVs as defined in 49 CFR 390.5 who are subject to the Federal hours-of-service requirements must record their duty status for each 24-hour period. However, the rules provide limited exemptions to the RODS requirements, including an exemption for the following drivers:
* CMV drivers (whether the vehicles require a commercial driver's license (CDL) or not) who operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of
* Drivers of property-carrying CMVs for which a CDL is not required and who operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of
FOOTNOTE 1 A driver who qualifies for this exception is not eligible for the 100 air-mile exception under 49 CFR 395.1(e)(1). END FOOTNOTE
For drivers that must prepare RODS, 49 CFR 395.8 specifies a particular "grid" or type of form that must be used to document the driver's activities during the 24-hour period.
As an alternative to written RODS, 49 CFR 395.15 allows the use of AOBRDs. The AOBRD regulation was adopted in 1988. To be considered a compliant device, an AOBRD must be integrally synchronized with specific operations of the CMV in which it is installed (see 49 CFR 395.2, Definitions, AOBRD). Use of AOBRDs is voluntary.
Several vendors market software products to assist the driver in recording and storing RODS information electronically. Laptop computers, tablets, and smartphones running driver logging software should not be confused with AOBRDs because the devices are not integrally synchronized with the specific operations of the CMV on which they are being used. Drivers must manually input their duty status information (e.g., driving time, on-duty not driving, etc.) directly into the computer, tablet or smartphone.
Although FMCSA has allowed CMV drivers to use driver logging software, the Agency's regulatory guidance explains that drivers must print and sign the RODS that these devices generate, for each 24-hour period, just as the driver would with any handwritten RODS. The existing Questions 27 and 28 for
" Question 27: Would a driver who prepares his/her log on a computer, `digitally' signs the log, and then transmits it directly to the carrier, be in compliance with 49 CFR 395.8(f)(2)?
Guidance: No. The driver's activities must be recorded in accordance with the provisions of
" Question 28: May a driver use a computer to generate his or her record of duty status (log book) and then manually sign the computer printouts in lieu of handwritten logs?
Guidance: A driver may use a computer to generate the graph grid and entries for the record of duty status or log books, provided the computer-generated output includes the minimum information required by
1. Be capable of printing the record of duty status for the current 24-hour period at the request of an enforcement officer.
2. Print the record of duty status at the end of each 24-hour period, and sign it in his or her handwriting to certify that all entries required by this section are true and correct.
3. Maintain a copy of printed and signed records of duty status for the previous 7 consecutive days and make it available for inspection at the request of an enforcement officer."
Electronic Signatures and Hours-of-Service Records
Question 11 from the
The Regulatory Guidance for
* Any electronic record or signature is considered the legal equivalent of a paper document or signature if it is the functional equivalent with respect to integrity, accuracy, and accessibility.
* [This revised] guidance establishes parity between paper and electronic records and signatures, greatly expanding interested parties' ability to use electronic records.
Guidance Question 9 to
Today's guidance harmonizes the
Hours of Service for Commercial Motor Vehicle Drivers Regulatory Guidance for 49 CFR 395.8, Driver's Record of Duty Status
Question 28: May a driver use a computer, tablet, or smartphone (that is not an Automatic On-Board Recording Device) to create, electronically sign, and store the record of duty status (RODS)?
Guidance: Yes. A driver may make manual duty-status entries to a computer, tablet, or smartphone program that is used to generate the graph grid and entries for the record of duty status (RODS) or log book, provided the electronically-generated display (if any) and output includes the minimum information required by
(A) If electronic signatures are not used:
* The driver must print and manually sign the RODS daily.
* The driver must have in his or her possession the printed and signed RODS for the prior seven consecutive days (if required on those days).
* The driver should be given an opportunity to print and manually sign the current day's RODS at the time of the inspection.
(B) If RODS have been electronically signed:
* At the time of an inspection of records by an enforcement official, the driver may display the current and prior seven days RODS to the official on the device's screen.
* If the enforcement official requests printed copies of the RODS, the driver must be given an opportunity to print the current and prior seven days RODS (if required on those days) at the time of inspection.
[FR Doc. 2014-15951 Filed 7-9-14;
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