So I heard through the company grapevine that the safety department's idea of adhering to the Elog requirement is that everyone get some sort of logging app on the phone.
Say whaaaaaaaaaa?!?
Isn't the whole point that the Elog is tied to the truck? (Speed sensor) What about drivers that commute at home? (Just turn the app off) well if it's that simple, can't I turn the log off in the truck? (Uhhh) so wouldn't that defeat the purpose? What if I leave my phone home? What if my phone dies and my charger is at home? Will the company charge me for excessive data use?
I think my safety guy doesn't have a clue, but I need more information before I confront him at next week's meeting.
Elogs on a cellphone app? Legal?
Discussion in 'Trucking Industry Regulations' started by Infosaur, Dec 14, 2016.
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Yes, apps are legal for logging (in place of paper). No, they don't qualify as ELDs unless they are connected to the truck's ECM.
brian991219, QuietStorm, u4icwargasm and 1 other person Thank this. -
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.395brian991219 Thanks this. -
Apps aren't in place of paper. One must still have a printer. Although a lot of members would like to disagree.
Get the right cop though and you'll be glad you had a printer.
As for using, we've only got 12 left months before the game changes on us. Barring any court battles. -
Unless this is a 1 or 2 truck operation, they better be paying for the phone.
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https://www.fmcsa.dot.gov/faq/what-difference-between-“paper-rods”-and-printouts-rods-elds
What is the difference between “paper records of duty status (RODS)” and printouts of RODS from electronic logging devices (ELDs)?
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“Paper RODS” means RODS that are not kept on an ELD or automatic onboard recording device (AOBRD), but that are either recorded manually (in accordance with 49 CFR 395.8(f)) or on a computer not synchronized with the vehicle or that is otherwise not qualified to be an ELD or AOBRD. Printouts of RODS from ELDs are the reports that ELDs must be able to generate upon request from an authorized safety official, per section 4.8.1 of the ELD rule.
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https://www.fmcsa.dot.gov/faq/what-...s-and-devices-using-logging-software-programs
What are the differences between automatic onboard recording devices (AOBRDs) and devices using logging software programs?
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A key difference between devices with logging software programs and AOBRDs relates to connectivity with the commercial motor vehicle (CMV) operations. An AOBRD must be integrally synchronized with the specific operations of the CMV on which it is installed. AOBRDs must also record engine use, speed, miles driven, and date and time of day, as specified in 49 CFR 395.2. AOBRDs automatically record engine data for driving time versus the use of Global Positioning System (GPS) data or a driver inputting his or her driving status hours.
The display and output from devices using logging software must meet the requirements in 49 CFR 395.8. Drivers can manually enter their hours of service (HOS) information using the application or software program on the device, and then manually or electronically sign the RODS at the end of each 24-hour period to certify that all required entries are true and correct. During a roadside inspection, drivers using logging software programs can hand their device to the safety official to review their RODS. Additionally, officers conducting inspections can request a printed copy of the driver’s log with the current and prior seven days HOS information. -
395.22 (a)
Motor carriers must provide an approved ELD
It's not the driver's responsibility to provide MY phone for COMPANY use.
This is assuming I can just get an eLog app off the Apple Store, which is one heck of an assumption because the rules about this are vague at best. Since engine data info is REQUIRED as part of the specifications they'll either have to provide a Bluetooth or USB access directly into the ECM.
Yeah, what could possibly go wrong there?
Another requirement, that the ELD be in clear sight at all times seems counter to a dozen "anti electronic devices" laws that can vary from district to district. Also troubling is that the Elog system needs to lock said device, if I'm reading this right this means no phone, text or gps via the phone while on duty.
(I can't tell you how often I've wanted to tell brokers to pound sand because they call me en route, but what if a load is cancelled or I need to contact a shipping? What if I need to report an accident to 911?!?)
So far I think plan "a" will be to buy the most ghetto <5" tablet I can find in the bargain bin after Christmas (like the Nabi they make for school kids) then toss the receipt on my boss's desk.
Plan "b" will involve attorneys. -
The other thing is I don't want to have to hand my "personal" phone to an officer to inspect my "commercial" logs.
I know we're a highly regulated industry and we have to voluntarily give up our (ummm 2nd, 5th, 4th, 1st) amendment rights, but there's no reason I can't "air gap" my devices. -
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