OOSC, Part I, Item 9. a. and b. - Driving Over the Allowable Hours
| Entry Date | February 5, 2020 |
|---|---|
| Issue Number | 20-003-DRV |
| Name | RICHARD REID |
| Agency | TEXAS DEPARTMENT OF PUBLIC SAFETY |
| Address | 6200 GUADALUPE ST. BUILDING PAUSTIN, TX, 78752United StatesMap It (opens in a new tab) |
| Phone | 512-486-6483 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | Establish guidance for when to place a driver OOS for an hours of service violation on the ELD when the driver is over his allotted hours by 1 minute or 5 minutes. |
| Justification or Need | Currently, if a driver is commits a violation of the 11 or 14 hour rule by 1 minute or 5 minutes on an ELD then the device will record that time and allow the inspector to view that 1 minute or 5 minute violation. Previously, with paper log books, the driver had a 15 minute buffer on his hours. With the advancements in technology allowing us to see these smaller time violations, should we continue to place a driver OOS if he is in violation at the time of inspection by 1 minute or 5 minutes, or should we allow a 15 minute buffer. Currently, the rule is if a driver is in violation at the time of inspection then he/she is to be placed OOS. |
| Request for Action | Can we place guidance in an operational policy that makes action to be taken against a driver for a minimal HOS violation at the time of inspection uniformed for all inspectors? Could we have guidance such as "if a driver is found to be in violation at the time of inspection by any amount of time, then he/she is to be placed OOS. (even if the violation is minimal such as 5 minutes)" |