Footnotes for Driver's Record of Duty Status - U.S. - Electronic Logging Device

I recommend that Page 9 of CVSA's North American Standard Out-of-Service Criteria relating to the use of electronic logging devices be amended to read as follows: 10. A driver who utilizes an electronic logging device or other than those described in 395.15 shall not be declared out-of-service if the driver can print, e-mail or fax an electronically signed copies of his day of inspection and prior seven day records of duty status to the inspector upon demand as required by 395.8 and except as provided by 395.13. This request is based on numerous roadside inspections in which our member’s drivers were placed Out-of-Service for no reason other than their inability to print their record(s) of duty status upon demand even though they had in their possession current and previous electronic copies of their records of duty status and could have easly e-mailed or faxed their logs to any fax number or e-mail address that was provided to them by the inspector. We partner with an Electronic Logging Device company (BigRoad.com) that provides a simple inexpensive smart phone app that not only tracks the driver and prepares a driver's log for the driver but provides guidance to the driver as to when and how much driving time is available that day before a break is required. This App far exceeds the old Computer Generated logging program and in our opinion far exceeds the requirements of simply completing a daily Record of Duty Status Report. It is our opinion that this App increases safety not decreases safety in any way.

I think this is an immediate issue sice we are now experiencing this issues in several states including Missouri, Louisians, and Washington. Missouri has recently written several $220 citations on our drivers that either did not already have the ELDs printed and/or did no have an operative printer in their vehicles. A penalty of 10 hours of off duty time and a $220 citation for only being unable to print out for the inspector what the inspector could easily see on the electronic logging device is unnecessary and provides no safety benefit. Especially when the driver has the ability to e-mail, fax or even hand print out the records of duty status for the inspector upon request.

Change the North American Standard Out-of-Service Criteria to permit the use of these devices without having to actually print out the records for the inspector. It is important to see FMCSA's Guidance on Electronic Records dated January 4, 2011 which seems to premit motor carriers and drivers to maintain records, including 395.8 records electronically. The only issue seems to be the term print.