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Editor’s Note: This section was removed from the regulations but the following interpretations were left intact.
Question 1: Must a motor carrier maintain a second (back-up copy) of the electronic hours-of-service files, by month, in a different physical location than where the original data is stored if the motor carrier retains the original hours-of-service printout signed by the driver and provides the driver with a copy?
Guidance: No. By creating and maintaining the signed original record-of-duty status printed from the electronic hours-of-service file, the motor carrier has converted the electronic document into a paper document subject to §395.8(k). That section requires the motor carrier to retain at its principal place of business the records of duty status and supporting documents for a period of 6 months from date of receipt. If the motor carrier did not generate a paper copy of the electronic document and retain a signed original, it would be required to maintain the electronic file and a second (back-up) copy.
Question 2: May entries made on an automatic on-board recording device (AOBRD) be annotated?
Guidance: Yes.
(1) Within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information.
(2) The AOBRD must retain the original entries, and reflect the date and time of an edit, and name of the person making the edit. If the driver has already “certified” the entries for the duty period, the he or she must re-certify the edited version, which must be transmitted to the carrier.
(3) “Driving time” may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. Such time may be reassigned to the correct driver.
(4) After reviewing incoming records, drivers' supervisors may request that a driver make edits to correct errors. The driver must accept or reject such requests and the AOBRD must record the transaction. If the driver annotates the record based on the request, he or she must re-submit and re-certify the corrected record.
Question 3: May an automatic on-board recording device use an algorithm to identify the location of each change in duty status relative to the nearest city, town, or village?
Guidance: Yes, provided that the accuracy of the algorithm is sufficient to ensure correlation between the driving time and distance data provided through the on-board recorder’s integral connection to the vehicle’s systems. Furthermore, the description of the location must be of sufficient precision to enable enforcement personnel to quickly determine the geographic location on a standard map or road atlas.
Question 4: Are automatic on-board recorders (AOBRDs) required to be designed and maintained to prevent team drivers in a non-driving duty status from making updates to their electronic record of duty status while the vehicle is in motion?
Guidance: No. AOBRDs are required only to prevent updates to the electronic record by the person who is actually driving while the vehicle is in motion. The on-board recorder must be capable of recording separately each driver’s duty status when there is a multiple driver operation (49 CFR 395.15(i)(6)). Therefore, a system designed and maintained to handle multiple drivers would have a means for drivers to identify themselves and prevent the current driver from making entries on the electronic record (except when registering the time the vehicle crosses a State boundary) until the vehicle is at rest. However, the system may allow a co-driver to log into the system at any time to make updates while the vehicle is in motion.
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 present 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.