FMCSA's New Policy on Supporting Document Retention Successful July 12, 2010, there was a change in the demands concerning the supporting documents a motor carrier ought to retain to verify a driver's file of duty position (RODS). The FMCSA published a recognize entitled "Policy on the Retention of Supporting Documents and the Use of Electronic Mobile Communication/Monitoring Technology in Assessing Motor Carriers' and Industrial Motor Car Drivers' Compliance with the Hrs of Services Regulations" on June 10, 2010.
Motor carriers will no longer be essential to maintain the subsequent supporting documents, which ended up previously needed underneath 49 CFR 395.8(k)(one) "driver contact-in documents, Worldwide registration plan, International fuel tax agreement receipts, Trip permits, Money advance receipts and Driver fax reviews (cover sheets)."This discover rescinds the past record supplied beneath Guidance Question Range 10 and provides an up to date shorter checklist.
Motor carriers that utilize a "qualified" digital mobile communication/tracking technologies, have even much less documents to retain. These motor carriers do not require to create the following supporting documents for the driver of a motor car that is so equipped:
- Gate record receipts
- Weigh/scale tickets
- Port of entry receipts
- Delivery receipts
- Toll receipts
- Agricultural inspection reviews
- More than/brief and harm reviews
- Driver and motor vehicle examination Reviews (however does not result 49 CFR 396)
- Site visitors citations
- Overweight/oversize reviews and citations
- Carrier pros
- Credit card receipts
- Border Crossing Reports
- Customs declarations and
- Phone billing statements.
The phrase "electronic mobile communication/tracking technology" includes technologies that permit a motor carrier to decide the area of its vehicle and transmit or get messages to and from its drivers. The discover also refers to that identical engineering orrecords as "electronic cellular communication/tracking systems" and "electronic mobile communication/tracking data." Any motor carriers that get benefit of the calm retention specifications are precluded from demanding the accuracy of their digital mobile communication/tracking information at an Hours-of-Service enforcement proceeding.
This raises the question what is a "qualified" electronic cellular communication/tracking technology. In purchase to qualify, the electronic cellular communication/tracking technologies must have the following qualities:
· Positioning frequency - should talk the place of the automobile at minimum the moment per hour while the motor vehicle is in movement.
· Vehicle integration - the method ought to be synchronized with the vehicle.
· Report performance - need to be able to create a report with the essential content material in possibly a paper or digital format (i.e. spreadsheet, transportable document, picture file or frequently accessible computer software format)
· Report material - the created place history report must contain at least the following data motor vehicle identification information, date, time, proximity location (reference factors), and latitude and longitude for every position communicated.
· Retention - the position background reports should be maintained by the carrier for at least six months, as necessary by 49 CFR 395.8(k)(1).
If a motor carrier makes use of an electronic cellular communication/monitoring technology in the normal program of business for any purpose, irrespective of regardless of whether it meets the qualified needs, the motor carrier is "anticipated to contain the use of [these] records and data produced by that technological innovation in its HOS oversight activities." More, a failure to sustain digital mobile communication/monitoring technological innovation information might be cited as a violation of 49 CFR 395.8(k)(1), just like a failure to preserve any other supporting document.
Even with this new policy a motor carrier is nonetheless required to comply with other statutes and regulations that might require the retention of other documents and the policy does not cover carriers that are using an digital on-board recording gadget as a remedial measure or as element of a settlement agreement.
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