Operational Policy 14 - False RODS

Documenting of False Records of Duty Status, along with HOS limitations that are not actually showing on the RODS. There is contradictory information provided to inspectors on how these violations are to be documented on inspection reports.

Operational Policy 14 for false RODS states, "A false RODS violation shall be documented in addition to any HOS limitation violations that occurred on that same day if the inspector can confirm the falsification disguised an HOS limitation violation." When the policy was updated, it was the understanding of the Ad-Hoc and those who presented the change to the committee for approval that only violations that are actually showing would be documented. If the driver falsified their records of duty status to disguise a violation of the HOS limitation, then ONLY the false duty status record were documented. We could not document the HOS limitation because we did not know the exact time the driver exceeded it. If we do not know the actual time the driver exceeded the HOS Limitation, we cannot document the HOS violation as prescribed in Operational Policy 14, i.e., from 1:08 pm to 2:15 pm. The NAS Part A Instructor Guide states, "Explain to students that the misuse of PC other than at the time of inspection is documented as § 395.8E1PC. If the misuse is at the time of inspection, resulting in an 11-/14-hour or 60-/70-hour rule violation, it is documented as § 395.8E1PC-OOS." Also, where ELD Tampering is covered, students are instructed to "Cite 395.8(e)(1) and declare driver OOS if over hours since most recent qualifying rest period." Other training materials have been released to inspectors, directing them to cite HOS Limitation violations that would have occurred in addition to the False Record of duty status violation. If the record of duty status does not actually show an HOS limitation, this is asking Inspectors to "guess" when the violation would have occurred. Not all falsifications allow us to determine the exact time the driver exceeded the HOS limitations. The NAS Part A course material or Operational Policies does not direct inspectors to cite the additional violation. This is causing a difference in citing violations roadside, leading to confusion among inspectors and the industry.

Change Operational Policy 14, Part I - Driver, page 3 Remove the paragraph "A false RODS violation shall be documented in addition to any HOS limitation violations that occurred on that same day if the inspector can confirm the falsification disguised an HOS limitation violation." Replace the paragraph with "All False RODS violations shall be documented. If the falsification disguises an HOS limitation, the HOS limitation should be identified only in the violation description. Only HOS limitations where the driver is shown in the "Driving status" on the ROD should be documented on the inspection. Example: Driver drives for 10 hours and 58 minutes, then enters off-duty personal conveyance and drives for an additional 45 minutes. The driver is cited for False RODs, and the violation description, the inspector notes that the driver would have been over the 11-hour rule if the logs had been accurate.