OOSC, Part I, Item 10. Driver's Record of Duty Status - U.S. - No Previous 7 Days in Possession
| Entry Date | February 13, 2008 |
|---|---|
| Issue Number | 08-010-DRV |
| Name | Randy J. West |
| Agency | Utah Highway Patrol |
| Address | 5500 West Amelia Earhart Dr. Suite #360Salt Lake City, UT, 84116United StatesMap It (opens in a new tab) |
| Phone | (801) 596-9248 |
| Fax | (801) 322-1817 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | A question has arisen regarding a driver utilizing a computer, not an electronic on-board recording device (EOBR), who does not have printed and signed copies of his previous 7 days in his/her possession. Would this driver be placed OOS for ten (10) consecutive hours?I know that the driver is in violation, as the interpretation found in 395.8, Question 28: "May a driver use a computer to generate his or her record of duty status (log book) and then manually sign the computer printouts in lieu of handwritten logs?" Guidance: 3. "Maintain a copy of printed and signed logs for the previous 7 consecutive days and make it available for inspection at the request of an enforcement officer." What constitutes possession? When would this driver be OOS? |
| Justification or Need | Roadside inspectors require a clarification on what constitutes possession of the 7 previous days of logs. We know the interpretation requires the driver to maintained printed and signed copies of his logs for the 7 days. Would the inspector place a driver OOS if these logs are not printed and signed and available for enforcement personnel?If we are truly committed to uniformity a decision should be made by the Driver Committee regarding the placement of a driver OOS for not having 7 consecutive previous days of logs. |
| Request for Action | Clarification in the OOSC on what constitutes no previous 7 days logs in drivers possession and when to place the driver OOS for a violation of 395.8(k)(2). The use of computers by drivers to fill out their record of duty status (logs) is an evolving trend. Clarification and guidance is required on what constitutes possession of the 7 previous days of logs.Is it that the driver must have printed and signed copies, as required by 395.8 interpretation Question 28, Guidance (3.) "Maintain a copy of printed and signed records of duty status for the previous 7 consecutive days and make it available for inspection at the request of an enforcement officer" or the simple fact that the driver has the previous 7 days logs created electronically on the computer but not printed and signed? |