OOSC, Part I, Item 9. Footnote 10 - Electronic RODS other than ELD/AOBRD

Drivers using electronic logging devices within the United States (not AOBRD or ELD) are required to print copies of their records of duty status upon request by enforcement officials. Drivers who are unable to print, such as not having a printer in their possession, are declared out of service for failing to retain previous 7 days of records of duty status, per Part I, United States RODS footnote #10 of the out of service criteria. However, drivers using an electronic logging device who cannot transfer the ELD to the enforcement personnel or provide a printed copy are NOT to be declared out of service as long as the records of duty status can be reviewed on the screen of the device or provide a printout (see Part I, footnote #12 of the out of service criteria). With the recent addition of CVSA inspection bulletin 2021-05 – Acceptance of Electronic Documents, whereas enforcement personnel are directed to accept numerous documents during a roadside inspection in electronic format, this requirement to declare drivers out of service for simply not possessing paper copies of their records of duty status seems counter-productive and does not coincide with many other documents accepted in electronic format.

When an enforcement official has clear evidence that the driver has obtained requisite breaks, such as hotel receipts showing they just left a hotel, this could have a negative impact to safety by declaring the driver out of service for 10 hours, even though they just had a qualifying rest period. In these types of situations where an enforcement official has evidence to confirm the driver has obtained the restorative rest, they are not an imminent hazard. Requiring them to serve a 10-hour out of service and later drive could actually result in them becoming an imminent hazard while driving after the 10-hour out of service order. Most electronic logging software programs have the ability to e-mail the RODS to an enforcement official if so desired.

Amend or remove footnote 10 so that a printed copy of records of duty status are no longer required to be in possession of the driver when using an electronic logging software application (not AOBRD or ELD), and therefore the driver would not be declared out of service for failing to possess the previous 7 days of RODS solely because they could not print hard copies when requested.