FMCSA Changes Policy, Issues Guidance on HOS Electronic Records

FMCSA has also issued regulatory guidance, effective June 10, 2010, on the preparation of drivers’ record of duty status to document compliance with the HOS requirements.

Policy Change on Retention/Use of Electronic Technology Records

FMCSA is issuing its policy change on electronic mobile communication/tracking technology (electronic technology) as there has been some confusion regarding FMCSA’s use of records derived from this technology for enforcement purposes and on the requirement that motor carriers retain and produce such records upon demand. Comments are due July 9, 2010.

The agency explains that if a motor carrier uses Global Positioning Systems (GPS) or other electronic technology during the ordinary course of its business, FMCSA has the authority to request the records from this technology and use them during the course of an investigation.

FMCSA considers such records to be supporting documents, as they record the time, date, and/or location of motor vehicles and/or drivers. The agency uses them to assess motor carrier and commercial motor vehicle driver compliance with the HOS regulations and for other evaluations into the safety performance or regulatory compliance of the motor carrier.

Fewer Supporting Documents Need to be Retained

Based on its enforcement experience since 1997, FMCSA recognizes that certain documents previously required to be retained by motor carriers are not regularly used by enforcement staff to verify the accuracy of records of duty status (RODS). Therefore, FMCSA is reducing the list of supporting documents that must be retained by motor carriers.¹

Further Reductions Available if Records Are Electronic

In addition, for each vehicle a motor carrier uses for which the motor carrier can produce electronic mobile communication/tracking records acceptable under the Policy, the motor carrier will no longer be required to maintain or produce certain supporting documents² for the driver of that vehicle, if certain conditions are met.

Requirements for electronic records. For each vehicle for which a motor carrier seeks to take advantage of the less burdensome supporting documents retention requirements available under the Policy, the motor carrier must show that the electronic mobile communication/tracking records have the characteristics below:

• Positioning Frequency. The system must be set up to communicate position location at a rate of at least one time per hour, per vehicle, while the vehicle is in motion.
• Vehicle Integration. The system must be integrally synchronized with the vehicle.
• Report Functionality. The system must be capable of generating upon demand a document/record, either printed (paper) or electronically rendered (spreadsheet, portable document format, tagged image file format or other commonly available software format), showing the required Report Content.
• Report Content. The position history report must include, at a minimum, vehicle identification information, date, time, proximity location (reference points), and latitude and longitude for each position communication.
• Retention. Motor carriers must maintain position history reports for a period of six months in accordance with 49 CFR § 395.8(k)(1).

Regulatory Guidance on Records of Duty Status

The FMCSA has also announced a regulatory guidance, effective June 10, 2010, concerning the requirement for interstate commercial motor vehicle (CMV) drivers to prepare, in duplicate, a record of duty status for each 24-hour period in order to document compliance with the HOS requirements. The guidance is applicable to all interstate drivers of CMVs subject to the Federal Motor Carrier Safety Regulations (FMCSRs).

Can Prepare Paper Copy, Followed by Electronic Submission

FMCSA has determined that the current requirement may be satisfied through the preparation of an original handwritten record and subsequent electronic submission to the motor carrier of a scanned image of the original record.

Driver Would Maintain Original, Carrier Would Maintain Electronic

The driver would retain the original while the carrier maintains the electronic scanned electronic image along with any supporting documents.

¹The shorter list includes: bills of lading, carrier pros, freight bills, dispatch records, electronic mobile communication/tracking records, gate record receipts, weigh/scale tickets, fuel receipts, fuel billing statements, toll receipts, toll billing statements, port of entry receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, driver and vehicle examination reports, crash reports, telephone billing statements, credit card receipts, border crossing reports, customs declarations, traffic citations and overweight/oversize permits and traffic citations.

²These supporting documents include: gate record receipts; Weigh/scale tickets; Port of entry receipts; Delivery receipts; Toll receipts; Agricultural inspection reports; Over/short and damage reports; Driver and vehicle examination reports; Traffic citations; Overweight/oversize reports and citations; Carrier pros; Credit card receipts; Border Crossing Reports; Customs declarations; and Telephone billing statements.

(FR Pub 06/10/10, D/N FMCSA--2010--0168)