When approaching a vehicle, an officer will be looking at the general condition of the vehicle and observing the driver (either directly or through the mirrors). If additional vehicle issues become apparent during the approach to the driver, the officer will mentally note them. The more mechanical problems that are seen, the more likely the officer will do a full inspection, rather than a driver-only inspection.
Also, several behaviors will make the officer suspicious of the driver, including:
How the officer approaches the driver will be affected by any suspicious behavior by the driver as well as the officer’s concern for personal safety.
If there’s suspicious behavior, the officer’s suspicion will continue all the way through the inspection. The officer will try to discover what the driver was trying to hide or change, or the reason for the driver’s unusual actions or anxiety.
When reaching the driver, the officer will greet the driver and begin the interview. To put the driver at ease, many officers attempt to develop a rapport with the driver during this part of the inspection. The officer may ask some general “small-talk questions.” Common questions include:
The information gathered during this discussion will be compared to other information captured later in the inspection. During the interview, the officer will prepare the driver for the inspection by giving basic instructions. During this time, the officer is also determining if the driver may be impaired by illness, fatigue, drugs, or alcohol. If the driver appears to be impaired, the next step for the officer is to determine the exact problem. Depending on the officer’s initial findings, this could result in:
Duty status records
- A driver inspection includes an officer’s examination of a driver’s records of duty status, or logs, including supporting documentation.
- An officer’s inspection of a driver’s electronic or paper logs includes a review of whether the correct type of log (electronic or paper) was used, missing information or entries, incidents of driving past a time limit, and falsification.
This part of the inspection has traditionally been the longest part of the driver portion. This involves the officer requesting the driver’s records of duty status, or logs, along with any supporting documents the driver has, such as bills of lading, shipment paperwork, and toll or fuel receipts. The officer will closely examine the logs for the current and previous seven days, looking for:
- The use of the correct type of log (electronic or paper),
- Missing information or entries,
- Incidents of operating past a limit, and
- Falsification.
How this will be done depends on the specific type of log the driver is using: an electronic logging device (ELD), paper logs, or exempt time records.
ELDs: Displaying or transferring data
- The inspecting officer must verify that an ELD is on the FMCSA registry, is connected to the vehicle, and that it can receive the required vehicle data.
- Once the officer verifies that the ELD is registered and functioning, the officer will ask to see the ELD display (or printout) and/or ask that the log data be transferred to the officer.
- If the ELD data cannot be either displayed or transferred, the officer will place the driver out of service for 10 hours.
Electronic logging device (ELD) use is required of commercial drivers who must prepare hours-of-service (HOS) records of duty status. The rule applies to commercial buses as well as trucks, and to Canada- and Mexico-domiciled drivers. There are limited exceptions to the ELD mandate, such as drivers of vehicles manufactured before 2000. (395.8(a))
If the driver is using an ELD, the officer will first determine if the device meets the standards dictated in the regulations. This will involve verifying that the ELD is on the Federal Motor Carrier Safety Administration’s (FMCSA’s) ELD registry and that it is connected to the vehicle in such a way that it can receive the required vehicle data. Once the officer verifies the device is an ELD, the officer will ask the driver to:
- Show them the display or printout, and/or
- Transfer the log data.
The sequence for displaying logs is as follows:
- The officer asks for the logs to be displayed on the ELD or printed if the device does not have a display.
- The driver puts the device into the roadside inspection mode, so the data is visible to the officer.
- The driver provides the device and the device’s user manual to the officer, or displays the requested data if the officer does not want to handle the device.
The sequence for transferring data is as follows:
- The driver tells the officer which overall transfer method the device uses, either telematic or local.
- The officer selects the specific transfer method — webservice or email for telematic, or USB or Bluetooth for local.
- The officer provides the driver with any necessary transfer information or comments to be added to the file.
- The driver uses the roadside transfer mechanism to accomplish the transfer according to the requested transfer method.
- The officer receives the log data by retrieving it from the FMCSA server in the case of a telematic transfer or directly in the case of a local transfer.
The driver must be able to present the display in roadside inspection mode for the officer, as well as transfer data to the officer. If the driver can only do one or the other, the officer will issue a violation. If the driver cannot do either, the officer will place the driver out of service for 10 hours for not having a log. Once the officer has access to the ELD display or the data, the officer will check the header information and underlying data for missing information, which could include:
- Entries the driver missed (shipment numbers or trailer numbers);
- Driver, carrier, or vehicle information that is required to be in the header section of the log/data (the officer will also compare the driver’s name and license number in the ELD data to the license the driver provided); and
- Location, mileage, or engine-hour entries that should have been captured automatically.
ELD: Missing data and HOS violations
- Missing data may indicate driver error (such as a missed entry) or it might indicate a larger issue, such as driving with the ELD disconnected.
- The officer will use a software-based auditing tool to look for HOS violations.
If an officer finds missing data, it might indicate a form and manner error (the driver missed an entry) or a larger issue. A larger issue could include a driver who drove with the electronic logging device (ELD) disconnected. This would result in missing data and a “jump” in location, mileage, and engine hours. If the driver did this repeatedly, there will be repeated incidents of missing data and jumps in location, mileage, and engine hours.
The officer will also look for violations of the hours-of-service (HOS) limits. Using the display method, the officer will manually count the hours and minutes on each duty line between the 8- or 10-hour breaks. If the officer receives the data from the driver, the officer’s computer will compare the driver’s hours to the basic limits and point out any incidents where a limit was exceeded.
In either case, if a limit was exceeded, the officer will look for a comment explaining the excess hours. If a comment is present, the officer will question the driver as to the situation that led to the extra hours and the comment. If the comment is present and the situation meets one of the exceptions or exemptions that allows a driver to exceed a limit, the officer will not write a violation. However, if the driver exceeded a limit and there is no comment, or if the driver’s explanation is not adequate, the driver will receive a violation for driving when out of hours.
ELD: Falsification violations
- If unassigned driving time is found in the ELD data, the officer must determine if it was purposefully created.
- If an officer decides the use of yard move or personal conveyance was improper, the driver will be cited for having a false log.
- If edits are found in the log, the officer must determine if each edit was the result of an error or if the edit was an attempt by the driver to hide on-duty time.
The officer will be looking for falsification violations in the electronic logging device (ELD) data. To detect this, the officer will closely examine:
- Any unassigned driving time on the device,
- The use of either of the special driving categories,
- Any edits to the data, and
- The driver’s use of on-duty time.
Unassigned driving time
The officer will see unassigned driving time in the data (there is a “flag” that specifically points this out to the officer). The officer will look at the circumstances and question the driver about it.
One of the most common methods drivers use to falsify an electronic log is to log out and drive, creating the unassigned driving time. If the officer discovers the time belongs to the driver, but the driver did not accept it as part of the day’s login process, the officer will cite the driver for not accepting it.
Next, the officer must determine if the driver purposefully created a false log to operate in excess of a limit. This is not hard to see. A few clear examples of a false log are if the driver:
- Drove right to a limit, then logged out and continued to drive;
- Logged in late, and when the unassigned driving time is added back into the driver’s log as actual driving time, the 8- or 10-hour break is no longer long enough; or
- Logged in late, and then worked right up to a limit (the driver is well over hours when the unassigned driving is assigned).
Special driving categories
The issue with misusing the special driving categories — yard movement and personal use — is that either one keeps driving time off the driving line, creating a false log. To determine if the use of the special driving category was correct or if an attempt was made to falsify the log, the officer will review any supporting documents the driver has, refer to maps, and question the driver.
For a yard move, which is defined as driving in an area that the public is not allowed to drive in due to signs or gates, this involves the officer verifying the driver was in a yard when the movement took place.
For personal conveyance, this involves the officer determining if:
- The company has a policy allowing the use of personal conveyance;
- The driver could be considered off duty at the time of the move;
- The driver was going to a purely personal destination; and
- There was no benefit to the company as a result of the move; OR
- The movement was made when the driver was out of hours and ordered to move by a shipper, receiver, or officer, and the driver moved to the nearest safe location and documented the situation on the ELD.
If the officer decides the use of yard move or personal conveyance was improper, the driver will be cited for having a false log.
Edits
When it comes to edits, the officer will investigate to determine if each edit was the result of an error or omission, or if the edit was an attempt by the driver (or the driver’s supervisor) to hide on-duty time. The edits that will draw special attention are the ones in which on-duty time was changed to off-duty time.
On-duty time
Finally, the officer will verify that the driver is logging on-duty activities as on-duty time. This is done by comparing supporting documents to the driver’s log and verifying that inspections, loading, unloading, cargo securement, fueling, and other on-duty activities were logged correctly.
ELD: Malfunctions
- An ELD malfunction must be legitimate and not claimed to falsely justify switching to paper logs.
- If an ELD malfunction occurred more than eight days earlier, the officer must ask for a copy of the FMCSA extension letter.
- If an ELD malfunction occurs, the driver must notify the carrier in writing within 24 hours, possess a copy of the carrier notification, and immediately reconstruct the previous seven days by using the device, obtaining printouts of previous days, and/or by using blank paper logs.
If the electronic logging device (ELD) has malfunctioned, the officer will inquire as to the nature of the malfunction to verify that it is a legitimate malfunction and not a situation where the driver was looking to justify switching to paper logs.
The officer will also ask when the malfunction occurred. If the malfunction occurred more than eight days ago, the officer will ask for a copy of the extension letter issued by the Federal Motor Carrier Safety Administration (FMCSA). The extension letter should be in the driver’s possession.
Finally, the officer will expect the driver to present some type of record for each of the required days. The records could be a combination of logs displayed on the device that were captured prior to the malfunction, printouts from the ELD, and/or paper logs.
To pass the inspection with a malfunction, the driver and carrier must follow the malfunction procedures dictated in the regulations. This involves the driver:
- Immediately notifying the company of the malfunction in writing, including the details of why the driver believes the device malfunctioned (the regulation requires notification within 24 hours, but it should be done as soon as possible);
- Possessing a copy of the company notification to show officers; and
- Immediately reconstructing the current and previous seven days using the device, getting printouts covering the previous days, or reconstructing the days using the blank paper logs.
During the roadside inspection, the driver is expected to present records covering the current and previous seven days upon demand. If the driver doesn’t have them prepared when requested, a violation will be written. Saying “I can have my company send them to me if you want to see them” will not satisfy the requirement.
If the carrier is not able to repair or replace the ELD within eight days, the carrier needs to take alternate action, including:
- As of the fifth day after the malfunction, apply to the local FMCSA office for an extension; or
- Assign the vehicle to a driver who is not required to use an ELD.
Once the malfunction is resolved, the driver will need to continue to carry the paper logs that were created during the malfunction for the next seven days. Both paper logs and the device will need to be presented to the officer if the driver undergoes a roadside inspection.
Once all the malfunction days are outside of the eight-day window, the driver can go back to simply presenting the device during a roadside inspection.
Paper logs
- If a driver is using paper logs because the vehicle is older than model year 2000, the officer will verify this by checking the vehicle’s VIN, which has the model year coded into it.
- If the driver is using a paper log when an ELD is required, the driver will be placed out of service for 10 hours, and then allowed to complete the current assignment once the paper log is up to date.
- If the driver is using an app on a cell phone, tablet, or laptop in place of a paper log, the officer will expect the driver to be able to print the logs during the inspection, if requested.
If the driver is using paper logs, the officer will ask the driver why he or she is using paper rather than electronic logs. The officer will listen closely to the driver’s answer and compare the answer to the list of exemptions. If the exemption is legitimate, the officer will verify the driver is qualified to use the exemption and is using it appropriately.
For example, if a driver states he or she can use a paper log because the vehicle is older than model year 2000, the officer will check the vehicle’s identification number (VIN) and verify it is older than model year 2000 (the model year is coded into the VIN). If the vehicle itself is not older than model year 2000, the officer will next check the engine age. If the engine is not older than model year 2000, the officer will cite the driver for not having the correct log.
If the driver is using a paper log when an electronic logging device (ELD) is required, the driver will be placed out of service for 10 hours, and then allowed to complete the current assignment once the paper log is up to date. Once the current assignment is complete, the carrier will need to either purchase and install an ELD on the road or return the vehicle to a company facility empty so an ELD can be installed.
If the driver is found to be using a paper log when an ELD is required during a future inspection, the officer will again place the driver out of service after verifying the driver is on a subsequent assignment.
If the officer verifies there is an exemption that allows the driver to use paper logs, the officer will then dig into the logs. In general, officers are very thorough when inspecting paper logs. They will:
- Make sure all required entries are on the log,
- Compare the log to all supporting documents to make sure it is accurate,
- Verify mileages from point-to-point on the log and for the day,
- Check that all required on-duty time is logged as on-duty time, and
- Verify the driver did not operate when over an hours-of-service limit.
If the driver is using an app on a cell phone, tablet, or laptop in place of a paper log, the sequence will be the same, with one critical difference. Once the officer determines the device is not an ELD, the officer will expect the driver to be able to print the logs during the inspection, if requested.
Time records
- Drivers not required to have an ELD or to log HOS on paper logs may be exempt under one of the short-haul exemptions, the exemption for agricultural operations, or the utility service vehicle exemption.
Drivers who are not required to have an electronic logging device (ELD) or log their hours of service on paper logs could be using one of the short-haul exemptions in 395.1(e) or some other exemption from the normal limits and logging requirements, such as the agricultural exemption or the utility service vehicle exemption in 395.1(k) and (n).
In these cases, the officer will question the driver to determine if the exemption is applicable. If everything is answered accurately, there is no violation. However, if the driver cannot answer the officer’s questions correctly or is incorrectly applying one of these exemptions, the driver will be cited for not having a log and placed out of service for 10 hours.