OOSC, Part I, Item 9. Driver's Record of Duty Status (4) - Footnote 14 (April 2018 OOSC)
| Entry Date | October 25, 2017 |
|---|---|
| Issue Number | 17-043-DRV |
| Name | Andrew Stoeckle |
| Agency | Washington State Patrol |
| Address | 2502 112th Street EastTacoma, Wa, 98445United StatesMap It (opens in a new tab) |
| Phone | 360701-9255 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Currently published in the CVSA out of service (CVSA) April 1, 2017 page 6 section 9(a)(4) no record of duty status footnote 17 shows as of December 18, 2017 if the driver is required to keep a log and does not have an ELD or AOBRD the driver is considered not to have a record of duty status. As of now you place the driver OOS for 10 hours. This can go on for an infinite time as the driver is stopped. This could be an issue for some companies or drivers that could be exploited. NOTE: Footnote 17 is Footnote 14 in the 2018 OOSC |
| Justification or Need | The ELD mandate was developed to save 26 lives. If we allow companies/drivers to keep driving without this safety device these lives will not be saved. This mandate is very controversial for the industry and it is understandable to proceed slow however the industry has had two years to do their homework in preparation for phase 2 mandate. There is a need to close this loophole that could allow companies/drivers to continue to driver without an ELD or AOBRD. |
| Request for Action | Consider changing the OOS footnote 17 (Footnote 14 - post 2018 OOSC Criteria) to read after first violation of no ELD or AOBRD place the driver OOS for 10 hours. If a second violation happened after 30 days place the driver/vehicle OOS till vehicle is equipped with an ELD. |