395.22(h)(1) and 392.22(h)(2) - User Manuals and Instruction Sheets

Incorrect enforcement of the following FMCSR sections: -395.22(h)(1) - Driver failing to maintain ELD user's manual -395.22(h)(2) - Driver failing to maintain ELD instruction sheet. Everyday, these violations are being cited during roadside inspections and the violations are attributed to the driver due to the wording of the violation as it appears above and in FMCSA's SMS Methodology. These sections are not shown in the Federal Motor Carrier Safety Regulations as driver violations. They are specifically listed under the 395.22 title heading of "Motor carrier responsibilities—In general". 395.24 is the FMCSR section that lists "Driver responsibilities - In general". Nowhere in 395.24 is it listed that a driver is required to be knowledgeable of the location of the ELD user manual and instruction sheet. Sections 395.22(h)(1) and 395.22(h)(2) cannot be cited to the driver for the same reason a motor carrier cannot be cited for violating the 11-hour rule. This issue was submitted in multiple DataQ RDR's and has gained the compliance of the state's of Arizona and Washington. The state of Texas refuses to acknowledge the discrepancy and correct any roadside reports in DataQ. FMCSA does not have a system in place to address this type of issue.

Change the wording in FMCSA's SMS Methodology and inspection software from, -395.22(h)(1) - Driver failing to maintain ELD user's manual -395.22(h)(2) - Driver failing to maintain ELD instruction sheet. to -395.22(h)(1) - Motor carrier failing to ensure ELD user's manual is onboard a commercial motor vehicle. -395.22(h)(2) - Motor carrier failing to ensure ELD instruction sheet is onboard a commercial motor vehicle.

These violations are being incorrectly cited on a daily basis and as a result, it is requested that CVSA take immediate action to notify FMCSA and correct the discrepancy.