Level II, driver issued warning for ELD/AOBRD "not registered with FMCSA"

You can't fight a warning since you don't have to appear in court for a warning. You'd have to file a lawsuit against the state of Kentucky. Good luck.

 

Look who the cat dragged in!

 

I thought we are required to carry an instruction card from the device manufacturer and present it to the inspector upon request? Like the one I carry.

 

Yes you are, but what the OP is stating is that the LEO is saying their device is not on the FMCSA page of certified ELD's

 

What device is that? Has the OP ever listed it yet?

 

not that I have seen yet.

 

I see. Well, I hate to be a doubter, but something doesn't seem right about the way this is being presented. The required instruction cab card should of been enough to satisfy the inspector. I suspect it wasn't on the truck.

 

Not really.... IF you are running an AOBR you still have to have an instruction sheet. If you are running an ELD though, while you need the "information packet" in the truck, it can be on the device as a local web page, or PDF or any other way as long as the device can display it.

Here is from the FAQ.:
What electronic logging device (ELD) user documentation must be onboard a driver’s commercial motor vehicle?
Beginning on December 18, 2017, a driver using an ELD must have an ELD information packet onboard the commercial motor vehicle (CMV) containing the following items:

1. A user’s manual for the driver describing how to operate the ELD;
2. An instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions to produce and transfer the driver’s hours-of-service records to an authorized safety official;
3. An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions; and
4. A supply of blank driver’s records of duty status (RODS) graph-grids sufficient to record the driver’s duty status and other related information for a minimum of 8 days.

Can the ELD information packet be in electronic form?
Yes. The user's manual, instruction sheet, and malfunction instruction sheet can be in electronic form. This is in accordance with the federal register titled "Regulatory Guidance Concerning Electronic Signatures and Documents" (76 FR 411).

 

Okay, either way, I suspect the driver wasn't trained properly then on how to provide the information on the device itself IF he was using an ELD.

The other key wording I read in the OP quote from the inspection report was "Inoperative." In other words, I don't think the inspector was acting willy nilly in this situation.

Just my own personal take and that's it

 

Whatcha expect from a state who's abbreviation is a world known sex lube ??