§395.15 Automatic on board recording devices.
(a) Authority to use automatic on-board
recording device.
(a)(1) A motor carrier may require a driver
to use an automatic on board recording device to record the driver's hours of
service in lieu of complying with the requirements of §395.8 of this part.
(a)(2) Every driver required by a motor
carrier to use an automatic on board recording device shall use such device to
record the driver's hours of service.
(b)(1) Automatic on board recording devices
shall produce, upon demand, a driver's hours of service chart, electronic
display, or printout showing the time and sequence of duty status changes
including the drivers' starting time at the beginning of each day.
(b)(2) The device shall provide a means
whereby authorized Federal, State, or local officials can immediately check the
status of a driver's hours of service. This information may be used in
conjunction with handwritten or printed records of duty status, for the
previous 7 days.
(b)(3) Support systems used in conjunction
with on board recorders at a driver's home terminal or the motor carrier's
principal place of business must be capable of providing authorized Federal,
State or local officials with summaries of an individual driver's hours of
service records, including the information specified in §395.8(d) of this
part. The support systems must also provide information concerning on board
system sensor failures and identification of edited data. Such support systems
should meet the information interchange requirements of the American National
Standard Code for Information Interchange (ANSCII) (EIARS 232/CCITV.24 port
(National Bureau of Standards "Code for Information Interchange,"
FIPS PUB 1 1)).
(b)(4) The driver shall have in his/her
possession records of duty status for the previous 7 consecutive days available
for inspection while on duty. These records shall consist of information stored
in and retrievable from the automatic on board recording device, handwritten
records, computer generated records, or any combination thereof.
(b)(5) All hard copies of the driver's
record of duty status must be signed by the driver. The driver's signature
certifies that the information contained thereon is true and correct.
(c) The duty status and additional
information shall be recorded as follows:
(c)(1) "Off duty" or
"OFF", or by an identifiable code or character;
(c)(2) "Sleeper berth" or
"SB" or by an identifiable code or character (only if the sleeper
berth is used);
(c)(3) "Driving" or "D",
or by an identifiable code or character; and
(c)(4) "On duty not driving" or
"ON", or by an identifiable code or character.
(c)(6) Total miles driving today;
(c)(7) Truck or tractor and trailer number;
(c)(10) 24 hour period starting time (e.g.,
(c)(13) Shipping document
number(s), or name of shipper and commodity.
(d) Location of duty status change.
(d)(1) For each change of duty status (e.g.,
the place and time of reporting for work, starting to drive, on duty not
driving and where released from work), the name of the city, town, or village,
with State abbreviation, shall be recorded.
(d)(2) Motor carriers are permitted to use
location codes in lieu of the requirements of paragraph (d)(1) of this section. A list of such codes showing all
possible location identifiers shall be carried in the cab of the commercial
motor vehicle and available at the motor carrier's principal place of business.
Such lists shall be made available to an enforcement official on request.
(e) Entries made by driver only. If a
driver is required to make written entries relating to the driver's duty
status, such entries must be legible and in the driver's own handwriting.
(f) Reconstruction of records of duty
status. Drivers are required to note any failure of automatic on board
recording devices, and to reconstruct the driver's record of duty status for
the current day, and the past 7 days, less any days for which the drivers have
records, and to continue to prepare a handwritten record of all subsequent duty
status until the device is again operational.
(g) On-board information. Each
commercial motor vehicle must have on-board the commercial motor vehicle an
information packet containing the following items:
(g)(1) An instruction sheet describing in
detail how data may be stored and retrieved from an automatic on board
recording system; and
(g)(2) A supply of blank driver's records of
duty status graph grids sufficient to record the driver's duty status and other
related information for the duration of the current trip.
(h) Submission of driver's record of duty status.
(h)(1) The driver shall submit,
electronically or by mail, to the employing motor carrier, each record of the
driver's duty status within 13 days following the completion of each record;
(h)(2) The driver shall review and verify
that all entries are accurate prior to submission to the employing motor
carrier; and
(h)(3) The submission of the record of duty
status certifies that all entries made by the driver are true and correct.
(i) Performance of
recorders. Motor carriers that use automatic on board recording devices for
recording their drivers' records of duty status in lieu of the handwritten
record shall ensure that:
(i)(1)
A certificate is obtained from the manufacturer certifying that the design of
the automatic on board recorder has been sufficiently tested to meet the
requirements of this section and under the conditions it will be used;
(i)(2)
The automatic on-board recording device permits duty status to be updated only
when the commercial motor vehicle is at rest, except when registering the time
a commercial motor vehicle crosses a State boundary;
(i)(3)
The automatic on board recording device and associated support systems are, to
the maximum extent practicable, tamperproof and do not permit altering of the
information collected concerning the driver's hours of service;
(i)(4)
The automatic on-board recording device warns the driver visually and/or
audibly that the device has ceased to function. Devices installed and
operational as of
(i)(5)
Automatic on board recording devices with electronic displays shall have the
capability of displaying the following:
(i)(5)(i) Driver's total hours of driving today;
(i)(5)(ii)
The total hours on duty today;
(i)(5)(iii)
Total miles driving today;
(i)(5)(iv) Total hours on duty for the 7 consecutive day period,
including today;
(i)(5)(v)
Total hours on duty for the prior 8 consecutive day period, including the
present day; and
(i)(5)(vi)
the sequential changes in duty status and the times
the changes occurred for each driver using the device.
(i)(6)
The on board recorder is capable of recording separately each driver's duty
status when there is a multiple driver operation;
(i)(7)
The on-board recording device/system identifies sensor failures and edited data
when reproduced in printed form. Devices installed and operational as of
(i)(8)
The on board recording device is maintained and recalibrated in accordance with
the manufacturer's specifications;
(i)(9)
The motor carrier's drivers are adequately trained regarding the proper
operation of the device; and
(i)(10)
The motor carrier must maintain a second copy (back up copy) of the electronic
hours of service files, by month, in a different physical location than where
the original data is stored.
(j)(1) The FMCSA
may, after notice and opportunity to reply, order any motor carrier or driver
to comply with the requirements of §395.8 of this part.
(j)(2) The FMCSA
may issue such an order if the FMCSA has determined that —
(j)(2)(i) The motor carrier has been issued conditional or
unsatisfactory safety rating by the FMCSA;
(j)(2)(ii) The motor carrier has required or permitted a driver to establish, or the driver has established, a pattern of exceeding the hours of service limitations of this part;
(j)(2)(iii)
The motor carrier has required or permitted a driver to fail, or the driver has
failed, to accurately and completely record the driver's hours of service as
required in this section; or
(j)(2)(iv) The motor carrier or driver has tampered with or
otherwise abused the automatic on-board recording device on any commercial
motor vehicle.
[53 FR 38670, Sept. 30, 1988, as amended at 60 FR 38748, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005]