FMCSA’s Out of Service criteria for 2017 has been published and there are changes.
Seven new footnotes were added to the current Out of Service Criteria for ELD/AOBRD devices.
Out of service criteria- Property
- No Record of Duty Status (See Footnotes 11, 12, 15, 16, 17)
No record of duty status in possession when one is required- (395.8(a)) – Declare driver out of service for 10 consecutive hours - No Pervious 7 days (See footnote 14)
Failing to have in possession a record of duty status for the previous7 consecutive day (395.8(k)(2), see exception 395.13(b)(3)) – Declare driver out of service for 10 consecutive hours - False Record of Duty Status (See footnote 13)
A required record of duty status that does not accurately reflect the driver’s actual activities and duty status (including time and location of each duty status change and the time spent in each duty status) in an apparent attempt to conceal a violation of an hours of service limitations(395.8(e) – Declare driver out of service for 10 consecutive hours
Out of service criteria- Passenger
- No Record of Duty Status (See Footnotes 11, 12, 15, 16, 17)
No record of duty status in possession when one is required- (395.8(a))- – Declare driver out of service for 8 consecutive hours - No Pervious 7 days (See footnote 14)
Failing to have in possession a record of duty status for the previous7 consecutive day (395.8(k)(2), see exception 395.13(b)(3)) – Declare driver out of service for 8 consecutive hours - False Record of Duty Status (See footnote 13)
A required record of duty status that does not accurately reflect the driver’s actual activities and duty status (including time and location of each duty status change and the time spent in each duty status) in an apparent attempt to conceal a violation of an hours of service limitations(395.8(e) – Declare driver out of service for 8 consecutive hours
New Footnotes
#11- Beginning December 18, 2017, if a driver/carrier is using an electronic logging device that is not authorized by the FMCSA per 395.22(a), the driver/carrier is considered to have no record of duty status
#12- Beginning December 18, 2017, if a driver is unable to produce or transfer the data from an AOBRD or ELD to an authorized safety official as required by 395.15(b) or 395.24(d), the driver is considered to have no record of duty status
#13- Beginning December 18, 2017, if a driver indicates use of a special driving category as defined by 395.28(a) when not involved in that activity, the driver’s log is considered to be false
#14- Beginning December 18, 2017, if a driver with a malfunctioning AOBRD or ELD fails to reconstruct logs for the current 24 hour period and the previous 7 days as required by 395.15(f) or 395.24(a)(2), the driver is considered to no have the previous 7 day of logs
#15- Beginning December 18, 2017, if a carrier does not repair a malfunctioning ELD within 8 days, or obtain an extension from the FMCSA Division Administrator as required by 395.34(d), the driver is considered to have no record of duty status
#16- Beginning December 18, 2017, if a driver does not log into the ELD as required (see 395.22(c)), the driver is considered to have no record of duty status
#17- Beginning December 18, 2017, if a driver is required to have an ELD and the vehicle is not equipped with an ELD (or AOBRD until Dec. 17, 2019), the driver is considered to have no record of duty status
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