BE PREPARED FOR A ROADSIDE INSPECTION WITH YOUR AOBRD YOU VE CHOSEN TO DELAY THE ELD MANDATE WITH AN AOBRD HERE S WHAT YOU NEED TO KNOW WHEN IT COMES TO ROADSIDE INSPECTIONS Fred Fakkema, Vice President of Compliance, Zonar Ryan Wiese, Compliance Manager, Zonar Ron Cordova, Compliance Manager, Zonar SALES (877) 843-3847 Press #2 info@zonarsystems.com zonarsystems.com WP-AOBRD-20171201
Sticking with an AOBRD for now is a great choice, considering the simplicity of the AOBRD rules compared to the hundreds of pages of requirements in the ELD mandate. But AOBRD enforcement is becoming a big factor at roadside. While law enforcement is preparing for the ELD mandate to go into effect, our Zonar compliance team is already seeing confusion on the streets with enforcement trying to determine what type of device the driver is using and what regulation to enforce. This upcoming transition to ELDs will be complex for the entire transportation industry, and we re seeing that firsthand. While there s no skirting the law, being armed with the facts will empower you and your drivers to help roadside inspections go smoothly. How can hours of service be recorded? There are multiple ways to record hours of service now through December 2017, so it is important to understand the terms and what each entails: Paper logs Handwritten log Logging software a computer, tablet, or smartphone (that is not an Automatic On-Board Recording Device) to create, electronically sign, and store the record of duty status AOBRDs (Automatic On Board Recording Devices) An automatic on-board recording device is an electric, electronic, electromechanical, or mechanical device capable of recording driver s duty status information accurately and automatically as required by 395.15. The device must be integrally synchronized with specific operations of the commercial motor vehicle in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day. ELDs An electronic logging device (ELD) is a device or technology that automatically records a driver s driving time and facilitates the accurate recording of the driver s hours of service, and that meets the requirements of CFR 395.20-395.38 plus Appendix A to Subpart B of part 395. Any of these methods of recording hours can be used per FMCSA during the following timelines: 12/16/2016 ELD Final Rule Published PHASE 1: AWARENESS AND TRANSITION PHASE Voluntary use of ELDs 12/18/2017 ELD Final Rule Compliance Date PHASE 2: PHASE-IN COMPLIANCE PHASE Mandatory use of ELDs with existing AOBRDs grandfathered for 2 years 12/16/2019 Mandatory Use of ELDs PHASE 3: FULL COMPLIANCE PHASE 2
The following table illustrates the different devices that can be used during each phase: FEATURE / FUNCTION ELD AOBRD LOGGING SOFTWARE PAPER PHASE 1 PHASE 2 PHASE 3 Understanding AOBRD Code of Federal Regulations (CFR) 395.15 1. THROUGHOUT A ROADSIDE STOP OR DURING AN AUDIT, ALWAYS REFER TO THE DEVICE AS AN AOBRD. How the device is referred to is what enforcement will use to decide what laws will be enforced. Q: What type of device am I operating? A: You are operating an AOBRD and it meets the definition in Code of Federal Regulations (CFR) 395.2 Q: How will law enforcement know the device is an AOBRD? A: Roadside View shows AOBRD top left and cab card states AOBRD 2. CFR 395.15 states a device must record certain items and display others. Here s how that applies to your AOBRD: Recorded means items that need to be stored and available in the support systems GTC (Ground Traffic Control) in your case per 395.15 (b) (3). An example of some items can be found in CFR 395.15 (c). Display means items that need to be viewable on the AOBRD roadside (see below). These items will also be recorded and stored in GTC. 3
395.15 (b) Information requirements. Automatic on-board recording devices shall produce, upon demand, a driver s hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the driver s starting time at the beginning of each day. The device shall provide a means whereby authorized Federal, State, or local officials can immediately check the status of a driver s hours of service. This information may be used in conjunction with handwritten or printed records of duty status, for the previous 7 days. 395.15(i)-Performance of recorders. Motor carriers that use automatic on-board recording devices for recording their drivers records of duty status in lieu of the handwritten record shall ensure that: A certificate is obtained from the manufacturer certifying that the design of the automatic on-board recorder has been sufficiently tested to meet the requirements of this section and under the conditions it will be used; The automatic on-board recording device permits duty status to be updated only when the commercial motor vehicle is at rest, except when registering the time a commercial motor vehicle crosses a State boundary; Automatic on-board recording devices with electronic displays shall have the capability of displaying the following: Driver s total hours of driving today; The total hours on duty today; Total miles driving today; Total hours on duty for the 7 consecutive day period, including today; Total hours on duty for the prior 8 consecutive day period, including the present day; and The sequential changes in duty status and the times the changes occurred for each driver using the device. The on-board recorder is capable of recording separately each driver s duty status when there is a multiple-driver operation 3. With an AOBRD, it s your responsibility to present the following to law enforcement during a roadside stop: CFR 395.15 (g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle information packet containing the following items: An instruction sheet describing in detail how data may be stored and retrieved from an automatic on-board recording system Note: If drivers are unable to find their hard copy of their cab card, they can access an electronic version on the tablet. First, press the hard home button on the tablet > then press the 3x3 square in the lower portion of the screen > press Help > once launched the cab card will be available in the lower right corner. There are also printable versions for both the U.S. Cab Card and Canadian Cab Card. A supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status and other related information for the duration of the current trip. 4
4. Your drivers are not required to print and fax their logs with an AOBRD. They are only required to display (CFR 395.15 (b) electronic display). Enforcement may state that it is a regulation that they print based on guidance question below, but this only applies to non-aobrd devices. Question 28: May a driver use a computer, tablet, or smartphone (that is not an Automatic On-Board Recording Device) to create, electronically sign, and store the record of duty status (RODS)? Guidance: Yes. A driver may make manual duty-status entries to a computer, tablet, or smartphone program that is used to generate the graph grid and entries for the record of duty status (RODS) or log book, provided the electronically-generated display (if any) and output includes the minimum information required by 395.8 and is formatted in accordance with that section. The driver must sign the RODS (manually or electronically) at the end of each 24-hour period to certify that all required entries are true and correct. However, if enforcement is insisting that logs be sent, that capability is available. We highly recommend a company-authorized individual export the driver s logs and send via email or print and fax to the enforcement officer. In the event a dispatcher or company representative is not available (after business hours), the driver may contact Zonar Customer Care to send the logs on behalf of the driver. For security purposes the driver will need to provide their PIN to Customer Care (the one used to log in to the device. If the PIN cannot be verified, the logs will not be sent). While Zonar Customer Care Representatives are always available for guidance and assistance, your driver must be able to explain the device and how it works to the law enforcement officer per 395.15(i)(9): The motor carrier's drivers are adequately trained regarding the proper operation of the device. 5. You have probably noticed the list of duty-status changes contains more than just city and state. Our Geo-location document helps explain this in further depth. 6. If the driver experiences a device failure, the driver will need to follow the steps listed in 395.15(f): Reconstruction of records of duty status. Drivers are required to note any failure of automatic on-board recording devices, and to reconstruct the driver's record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational. Per CFR 395.15(b) (4): The driver shall have in his/her possession records of duty status for the previous 7 consecutive days available for inspection while on duty. These records shall consist of information stored in and retrievable from the automatic on-board recording device, handwritten records, computer generated records, or any combination thereof. To view all of CFR 395.15, the AOBRD regulation, click here. QUESTIONS ABOUT THE MANDATE? Our compliance experts, along with our 24/7/365 U.S.-based support, are here to work with you to make sure you re ready before the mandate and beyond. Email Customer Care or call us at (877) 843-3847. 5