OOSC, Part I, Item 9. Driver's Record of Duty Status, a. (5) - Previous 7 days logs (Electronic Log Malfunction)

Referencing 49CFR 395.15(F) When the AOBRD system becomes temporarly inoperable, are drivers afforded a certain time frame to acquire copies of their previous 7 days of logs. There are drivers who do not have smartphones and drive long stretches where there is not a facility available to have copies of logs faxed or emailed. In the event the driver is stopped for an Inspection, should be afforded the opportunity to have the Carrier Dispatch fax or email the previous days logs? The Regulation leads me to interpret that carrier's drivers must immediately pull over to reconstruct their logs when the system becomes inoperable. If this is the case, a carrier could potentially have hundreds of drivers at once pulled over roadside to reconstruct their logs. If the driver is needing to perform this function immediately when the system becomes inoperable, this could possibly increase the potential for a crash, if there is not a safe pull off point to perform the task.

Our company recently received a fixed location inspection where the driver had an up to date paper log, because the AOBRD system in his assigned truck had become inoperable while he was in transit. At the inspection he requested time to have our dispatch email or fax copies of his previous 7 days of logs. He was denied that request, and placed OOS and issued a citation. We have not sent a DataQ at this time based on the reading of the regulations.

We are requesting guidance as to if Carriers with AOBRDs are allowed an opportunity to obtain copies of previous days logs from dispatch at the time of an Inspection.