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Hours of Service Clarification - 100 air-mile Radius Drivers

Entry DateMarch 21, 2000
Issue Number00-007-DRV
NameLinda R. Powell
AddressUnited StatesMap It (opens in a new tab)
CommitteeDriver-Traffic Enforcement Committee
StatusClosed
Summary of Issue

The OOSC requires a driver to be placed out of service when they do not have a logbook when one is required.

Justification or Need

My first example is a 100 air-mile driver that meets the requirements of the exemption in Part 395.1(e). The day you stop the driver, he is outside or going outside the 100-mile radius and is required to have a logbook. The company is maintaining time cards with the necessary information and has these time cards up to the day of the stop (previous 7 days). The next example is a driver that is required to maintain a logbook every day. During a road stop, he is able to display 6 previous days, but has no entries for yesterday or the day of the stop and has less maintained than the previous example. Would we place the driver #1 OOS for not displaying a logbook when one is required even though he has 7 previous days back at the office, or should we treat the time cards as we do logbooks even though they are not required to be displayed along the roadside?

Request for Action

Please clarify this issue to support consistency.