OOSC, Part I, Item 9. Driver's Record of Duty Status - U.S.
| Entry Date | May 3, 2023 |
|---|---|
| Issue Number | 23-022-DRV |
| Name | Officer Dylan Leech |
| Agency | Iowa DOT Motor Vehicle Enforcement |
| Address | 800 Lincoln WayAmes, Iowa, 50010United StatesMap It (opens in a new tab) |
| Phone | 515-715-0197 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | When a driver is using an ELD and they send you the logs but all days are sent to email. Exempt duty status is marked "yes" (i.e. they can change their logs). Do we document a violation under False Log or No Record of duty status. They technically don't have and ELD because they can change/update their logs as they need. It is acting more as a paper logbook or aobrd. |
| Justification or Need | 1: Can you put a violation down for No Record of duty status if all days sent are in exempt duty status? I believe you can but only if you could prove they were on those logs for more then the 8 days in a 30 day period. Is the exempt duty status mode the same as a driver being on paper logs? 2. Can you immediately put a violation down for false log if they are in exempt duty status? Because the company is able change the logs/edit them or do you have to prove a falsification? They also don't have the required data under 395.26. |
| Request for Action | Guidance on question #1 and 2 for roadside inspection |