September 29, 2016

FMCSA's New Policy on Supporting Document Retention

Successful July 12, 2010, there was a modify in the demands concerning the supporting paperwork a motor carrier need to retain to validate a driver's report of duty status (RODS). The FMCSA published a recognize entitled "Policy on the Retention of Supporting Documents and the Use of Digital Mobile Communication/Monitoring Technological innovation in Assessing Motor Carriers' and Industrial Motor Car Drivers' Compliance with the Hrs of Support Regulations" on June ten, 2010.Motor carriers will no lengthier be needed to maintain the adhering to supporting documents, which have been previously required below 49 CFR 395.eight(k)(one) "driver call-in data, Worldwide registration strategy, Global fuel tax agreement receipts, Trip permits, Dollars advance receipts and Driver fax reports (cover sheets)."This observe rescinds the prior record provided below Guidance Question Range 10 and supplies an up-to-date shorter record launch x431 v pro.Motor carriers that make use of a "qualified" digital cellular communication/monitoring technologies, have even significantly less documents to retain. These motor carriers do not need to generate the adhering to supporting documents for the driver of a motor motor vehicle that is so outfitted:- Gate document receipts - Weigh/scale tickets - Port of entry receipts - Delivery receipts - Toll receipts - Agricultural inspection reports - More than/brief and damage reports - Driver and car examination Reviews (nevertheless does not impact 49 CFR 396) - Visitors citations - Overweight/oversize reviews and citations - Carrier pros - Credit card receipts - Border Crossing Reviews - Customs declarations and - Telephone billing statements.The term "digital cellular communication/monitoring technology" consists of technologies that allow a motor carrier to figure out the area of its car and transmit or receive messages to and from its drivers. The observe also refers to that identical technological innovation or information as "electronic cellular communication/monitoring systems" and "digital mobile communication/monitoring records." Any motor carriers that consider benefit of the peaceful retention needs are precluded from difficult the accuracy of their digital mobile communication/tracking records at an Hours-of-Service enforcement proceeding.This raises the question what is a "qualified" electronic mobile communication/tracking technological innovation. In buy to qualify, the digital cellular communication/tracking technologies should have the subsequent characteristics:· Positioning frequency - must communicate the location of the car at least as soon as per hour although the car is in motion.· Car integration - the method need to be synchronized with the motor vehicle.· Report features - must be capable to create a report with the necessary subject material in either a paper or digital format (i.e. spreadsheet, transportable document, picture file or commonly accessible computer software format)· Report subject material - the generated position historical past report must have at minimum the subsequent details automobile identification details, date, time, proximity area (reference points), and latitude and longitude for every position communicated.· Retention - the place historical past reports should be taken care of by the carrier for at least six months, as essential by 49 CFR 395.eight(k)(one).If a motor carrier uses an electronic cellular communication/tracking technology in the normal course of company for any objective launch x431 v +, regardless of no matter whether it meets the certified specifications, the motor carrier is "anticipated to contain the use of [those] documents and info produced by that technology in its HOS oversight actions." Additional, a failure to preserve digital cellular communication/tracking engineering data may be cited as a violation of 49 CFR 395.eight(k)(1), just like a failure to maintain any other supporting document.In spite of this new policy a motor carrier is nevertheless necessary to comply with other statutes and laws that could call for the retention of other documents and the policy does not cover carriers that are utilizing an electronic on-board recording gadget as a remedial measure or as part of a settlement agreement.

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