
[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Rules and Regulations]               
[Page 32860-32862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn10-14]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 390 and 395

 
Regulatory Guidance Concerning the Preparation of Drivers' Record 
of Duty Status To Document Compliance With the Hours-of-Service 
Requirements

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of regulatory guidance.

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SUMMARY: The FMCSA announces regulatory guidance concerning the 
requirement for interstate commercial motor vehicle (CMV) drivers to 
prepare, in duplicate, a record of duty status for each 24-hour period. 
FMCSA has determined that the current requirement may be satisfied 
through the preparation of an original handwritten record, and 
subsequent electronic submission to the motor carrier of a scanned 
image of the original record; the driver would retain the original 
while the carrier maintains the electronic scanned electronic image 
along with any supporting documents.

[[Page 32861]]

The guidance is applicable to all interstate drivers of CMVs subject to 
the Federal Motor Carrier Safety Regulations (FMCSRs).

DATES: Effective Date: This regulatory guidance is effective on June 
10, 2010.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave., SE., Washington, DC 20590.
    E-mail: MCPSD@dot.gov. Phone (202) 366-4325.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 
Stat. 2832, October 30, 1984) (the 1984 Act) provides authority to 
regulate drivers, motor carriers, and vehicle equipment. It requires 
the Secretary of Transportation to prescribe regulations which ensure 
that: (1) CMVs are maintained, equipped, loaded, and operated safely; 
(2) the responsibilities imposed on operators of CMVs do not impair 
their ability to operate the vehicles safely; (3) the physical 
condition of operators of CMVs is adequate to enable them to operate 
the vehicles safely; and (4) the operation of CMVs does not have a 
deleterious effect on the physical condition of the operators. (49 
U.S.C. 31136(a)). Section 211 of the 1984 Act also grants the Secretary 
broad power in carrying out motor carrier safety statutes and 
regulations to ``prescribe recordkeeping and reporting requirements'' 
and to ``perform other acts the Secretary considers appropriate.'' (49 
U.S.C. 31133(a)(8) and (10), respectively).
    The Administrator of FMCSA has been delegated authority under 49 
CFR 1.73(g) to carry out the functions vested in the Secretary of 
Transportation by 49 U.S.C. chapter 311, subchapters I and III, 
relating to commercial motor vehicle programs and safety regulation.

Background

    This document provides regulatory guidance concerning 49 CFR 395.8, 
``Driver's record of duty status,'' specifically paragraphs (a)(1) and 
(i). Currently, 49 CFR 395.8(a)(1) states, ``Every driver who operates 
a commercial motor vehicle [in interstate commerce] shall record his/
her duty status, in duplicate, for each 24 hour period.'' Section 
395.8(i) requires that drivers submit or forward by mail the original 
records of duty status (RODS) to the regular employing motor carrier 
within 13 days following the completion of the form.
    With regard to record retention, 49 CFR 395.8(k)(1) states, ``Each 
motor carrier shall maintain records of duty status and all supporting 
documents for each driver it employs for a period of six months from 
the date of receipt.'' Section 395.8(k)(2) states, ``The driver shall 
retain a copy of each record of duty status for the previous 7 
consecutive days which shall be in his/her possession and available for 
inspection while on duty.''

Basis for This Notice

    FMCSA currently requires (49 CFR 390.31, Copies of records or 
documents) that records and documents specified under this subchapter 
be preserved in their original form for the periods specified, unless 
the records and documents are suitably photographed and the microfilm 
is retained in lieu of the original record for the required retention 
period. As used in Sec.  390.31, ``this subchapter'' means Subchapter B 
[49 CFR parts 350-399] of Chapter III of Subtitle B of Title 49, Code 
of Federal Regulations (CFRs). Section 390.31(b) provides criteria for 
use in determining whether photographic copies of records may be 
acceptable in lieu of original records.
    On April 4, 1997 (62 FR 16370, 16408), FMCSA published ``Regulatory 
Guidance for the Federal Motor Carrier Safety Regulations'' which 
included guidance concerning 49 CFR 390.31. The guidance reads as 
follows:
    Question: May records required by the FMCSRs be maintained in an 
electronic format?
    Guidance: Yes, provided the motor carrier can produce the 
information required by the regulations. Documents requiring a 
signature must be capable of replication (i.e., photocopy, facsimile, 
etc.) in such form that will provide an opportunity for signature 
verification upon demand. If computer records are used, all of the 
relevant data on the original documents must be included in order for 
the record to be valid.
    FMCSA received an exemption application from a motor carrier 
requesting relief from the requirement to prepare RODS in duplicate. 
The motor carrier explained that it plans to implement a new approach 
for receiving and processing RODS. Its drivers would complete their 
RODS and then electronically scan them at one of the carrier's 
terminals or at a truck stop that offers the scanning service. The 
image would then be electronically transmitted to the motor carrier 
while the driver retains the original paper RODS.
    Upon reviewing the carrier's application for an exemption, FMCSA 
determined that an exemption is not necessary. Admittedly, 49 CFR 
395.8(a)(1) and 395.8(i) could be construed as limiting the processing 
of RODS between drivers and carriers to the submission of the original 
paper documents either in person or via mail, thereby necessitating the 
preparation of the RODS, in duplicate. However, FMCSA has opted for a 
more pragmatic application of the rules.
    Because existing regulations concerning the preservation of records 
(49 CFR 390.31) allow motor carriers to store electronically a scanned 
image of the original RODS submitted by drivers and essentially dispose 
of the original paper document, there is no discernible safety benefit 
to disallowing the driver's submission of a scanned image of the RODS 
to the carrier. There is no readily apparent reason that the location 
at which the original RODS is scanned into an image for subsequent 
electronic storage and retrieval should matter for the purposes of 
compliance with the recordkeeping requirements. Furthermore, there is 
no apparent reason to limit the means of submitting the information to 
the carrier; electronic submission is an efficient and reasonable 
alternative to mailing the document to the carrier or delivering it in 
person.

Summary

    Based on a review of the regulatory text of 49 CFR 395.8(a)(1), 
395.8(i) and 395.(k), and in consideration of 49 CFR 390.31 and the 
1997 regulatory guidance concerning electronic recordkeeping, FMCSA 
issues guidance allowing interstate CMV drivers to prepare single 
originals of RODS and to submit electronically to the employing motor 
carrier a scanned image of the completed RODS.
    Regulatory Guidance:

Part 395--Hours of Service of Drivers

Section Interpreted

Section 395.8 Driver's Record of Duty Status
    Question: Are drivers who electronically scan a copy of their 
original record of duty status (RODS) for subsequent submission to the 
motor carrier required to prepare the RODS in duplicate?
    Guidance: No. Although 49 CFR 395.8(a)(1) states, ``Every driver 
who operates a commercial motor vehicle [in interstate commerce] shall 
record his/her duty status, in duplicate, for each 24-hour period,'' 
the intent of the requirement may be fulfilled through

[[Page 32862]]

the electronic submission of a scanned image of the original 
handwritten RODS to the regular employing motor carrier within 13 days 
following the completion of the form, while the driver retains the 
original records for the current day and the previous 7 consecutive 
days. Because existing regulations concerning the preservation of 
records (49 CFR 390.31) allow motor carriers to store electronically a 
scanned image of the original handwritten RODS submitted by drivers and 
essentially dispose of the original paper document, there is no adverse 
impact on the enforcement of the HOS regulations, and subsequently no 
compromise on the application of the safety requirement by allowing the 
driver to submit a scanned image of the original signed RODS to the 
regular employing motor carrier within 13 days of the completion of the 
record. Motor carriers must maintain the scanned image of the signed 
RODS and all supporting documents for each driver for a period of six 
months from the date of receipt (49 CFR 395.8(k)).

    Issued on: June 4, 2010.
William A. Quade,
 Associate Administrator for Enforcement and Program Delivery.
[FR Doc. 2010-13900 Filed 6-9-10; 8:45 am]
BILLING CODE 4910-EX-P

