03/10/16 by Egor Korneev.

Preparing for HOS Compliance with ELDs – Part 1

How to accommodate new requirements for driver HOS edits and log validation

The new ELD mandate is encapsulated in the FAR Part 395.16 of the federal rules. This section describes a list of extended compliance requirements for use of electronic logs. Although the Hours of Service rules are unchanged, companies must review the internal processes in place. In this blog series, we discuss compliance changes and the additional steps that companies may implement to meet the compliance requirements.

Shifting authority – electronic log editing

The previous rules (395.15) disallowed drivers the ability to edit electronic logs. Drivers could submit the request for changes, then the office compliance team would perform and approve the requested changes. In the new rules (395.16), the driver may perform the log edit and must provide final approval.

Under the new rules, drivers are the ultimate authorities on their logs.

How does the process work practically?

Various ELD vendors may implement different strategies for log validation. We will focus on LoadTrek’s approach.

After a driver creates an On Duty status, the system automatically generates Driving and Not Driving periods. Drivers still must change the duty status manually when they take a required 30 minute break, change into Sleeper, or log Off Duty at the end of the day. ELDs may not automate those changes for drivers per the rules.

Drivers can edit their logs at any point during the day. If a driver forgets to switch to Off Duty for a 30 minute break, then he could be in violation as soon as he begins driving again. Via an edit performed in-cab, the driver may insert an Off Duty period within the Not Driving period to avoid violation.

At the end of the tour of duty, the system will present to the driver the current log for validation. The driver will review the log. If it is correct, he can validate and sign the log on-screen. If the log requires changes, the driver can make edits, then validate and sign the log.

What periods can be edited or inserted?

The 395.16 rule restricts edits of Driving periods. Any log edits that a driver performs may not change automatically-generated Driving periods.

What happens with validated logs?

Drivers must validate each 24 hour log period. If a driver starts work on Monday and drives through midnight into Tuesday, she must validate the log twice: first the segment for Monday, then the segment for Tuesday.

After validation, the log’s date, time, and the signature are stored with the validation record on the servers. The compliance team in the office sees every validated log with a visible “Validated” checkmark on the screen, overlaid on the log.

If the office team edits a log for a driver, then the changes must be validated by the driver, again. The next time the driver signs off duty, the office-edited logs will be presented to the driver. The driver can review, edit if necessary, then validate the log once again.

Recommended process changes

By adding certain daily controls, a fleet compliance team may prevent issues during future Hours of Service audits by state or federal authorities. Below are some examples we recommend:

1. Create an explicit policy and a driver process for log validations.
2. Review the Unvalidated Logs report daily for drivers with outstanding validations
3. Contact or message drivers with outstanding validations
4. Review the Unassigned Miles report for potential log tempering

Please leave us a comment, or ask us a questions on this blog.

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Written by: Egor Korneev

Edited by: Dushan Yovovich