OOSC, Part I, Item 9.(a)(6) and 9.(b)(6). - Driver's Record of Duty Status - U.S., False Record of Duty Status

During an accident investigation Troopers found that the driver of the CMV had been stopped 2 days prior in New York State, and was placed OOS for having a falsified ELD. The false ELD indicated that the driver had gone off duty in Westmoreland NY and signed on the next day in Agawam MA. He was placed OOS in New York for 10 hours for the False ROD. When the New Hampshire State Police looked at his ELD records they found that the driver had not corrected his ELD logs on the day New York caught him falsifying his logs. Since these logs were still within his 7 pervious days, the driver was still driving on a falsified ELD record.

Back in the days of paper logs it was easy for Inspectors to have the driver fix their log book issues, but with the ELD's many drivers have little to no training on how to use the ELD's. We feel that clarification in the OOS Criteria is needed so that the driver is told that prior to coming back on duty they must fix the false data in their RODS (ELD or Log Books), so that any inspector who inspects them a few days later will have an updated and correct ELD or Log Book to review when they inspect them.

To have the OOS Criteria specify that the driver must correct any falsified ROD prior to going back on duty after being placed OOS for 10 hours for a False ROD.