§395.15 Automatic On-Board Recording Devices

Editor’s Note:  The FMCSA is currently updating and revising its regulatory guidance to Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs) to conform to the provisions of the new hours-of-service regulations, and to provide additional guidance concerning the application of the new regulations.  All prior interpretations and regulatory guidance relating to Part 395 of the FMCSRs, as well as FMCSA and FHWA memoranda and letters concerning Part 395, may no longer be relied upon as authoritative to the extent they are inconsistent with the final rule published April 28, 2003 and the Technical Amendments published September 30, 2003.  All interpretations and guidance for Parts other than Part 395 remain valid.

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 a driver who uses an automatic on-board recording device amend his/her record of duty status during a trip?

Guidance: No. §395.15(i)(3) requires automatic on-board recording devices, to the maximum extent possible, be tamperproof and preclude the alteration of information collected concerning a driver's hours of service. If drivers, who use automatic on-board recording devices, were allowed to amend their record of duty status while in transit, legitimate amendments could not be distinguished from falsifications. Records of duty status maintained and generated by an automatic on-board recording device may only be amended by a supervisory motor carrier official to accurately reflect the driver's activity. Such supervisory motor carrier official must include an explanation of the mistake in the remarks section of either the original or amended record of duty status. Both the original and amended record of duty status must be retained by the motor carrier.

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? [Editor's Note]

Response: 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.