Pt. 395 49 CFR Ch. III (10–1–10 Edition)

PART 395—HOURS OF SERVICE OF and security for the commercial motor DRIVERS vehicle and its cargo. However, that driver may not drive or be permitted to Sec. drive— 395.1 Scope of rules in this part. (i) For more than 13 hours in the ag- 395.2 Definitions. gregate following 10 consecutive hours 395.3 Maximum driving time for property- off duty for drivers of property-car- carrying vehicles. 395.5 Maximum driving time for passenger- rying commercial motor vehicles; carrying vehicles. (ii) After the end of the 14th hour 395.7 [Reserved] since coming on duty following 10 con- 395.8 Driver’s record of duty status. secutive hours off duty for drivers of 395.10 [Reserved] property-carrying commercial motor 395.11 Supporting documents for drivers using EOBRs. vehicles; 395.12 [Reserved] (iii) For more than 12 hours in the 395.13 Drivers declared out of service. aggregate following 8 consecutive 395.15 Automatic on-board recording de- hours off duty for drivers of passenger- vices. carrying commercial motor vehicles; 395.16 Electronic on-board recording de- vices. or 395.18 Matter incorporated by reference. (iv) After he/she has been on duty 15 APPENDIX A TO PART 395—ELECTRONIC ON- hours following 8 consecutive hours off BOARD RECORDER PERFORMANCE SPECI- duty for drivers of passenger-carrying FICATIONS commercial motor vehicles. AUTHORITY: 49 U.S.C. 508, 13301, 13902, 31133, (2) Emergency conditions. In case of 31136, 31502, 31504, and § 204, Pub. L. 104–88, 109 any emergency, a driver may complete Stat. 803, 941 (49 U.S.C. 701 note); Sec. 114, his/her run without being in violation Pub. L. 103–311, 108 Stat. 1673, 1677; Sec. 217, of the provisions of the regulations in Pub. L. 106–159, 113 Stat. 1748, 1767; and 49 this part, if such run reasonably could CFR 1.73. have been completed absent the emer- SOURCE: 33 FR 19758, Dec. 25, 1968, unless gency. otherwise noted. (c) Driver-salesperson. The provisions EDITORIAL NOTE: Nomenclature changes to of § 395.3(b) shall not apply to any driv- part 395 appear at 66 FR 49874, Oct. 1, 2001. er-salesperson whose total driving time does not exceed 40 hours in any period § 395.1 Scope of rules in this part. of 7 consecutive days. (a) General. (1) The rules in this part (d) Oilfield operations. (1) In the in- apply to all motor carriers and drivers, stance of drivers of commercial motor except as provided in paragraphs (b) vehicles used exclusively in the trans- through (q) of this section. portation of oilfield equipment, includ- (2) The exceptions from Federal re- ing the stringing and picking up of pipe quirements contained in paragraphs (l) used in pipelines, and servicing of the and (m) of this section do not preempt State laws and regulations governing field operations of the natural gas and the safe operation of commercial oil industry, any period of 8 consecu- motor vehicles. tive days may end with the beginning (b) Adverse driving conditions. (1) Ex- of any off-duty period of 24 or more cept as provided in paragraph (h)(2) of successive hours. this section, a driver who encounters (2) In the case of specially trained adverse driving conditions, as defined drivers of commercial motor vehicles in § 395.2, and cannot, because of those which are specially constructed to conditions, safely complete the run service oil wells, on-duty time shall within the maximum driving time per- not include waiting time at a natural mitted by § 395.3(a) or § 395.5(a) may gas or oil well site; provided, that all drive and be permitted or required to such time shall be fully and accurately drive a commercial motor vehicle for accounted for in records to be main- not more than 2 additional hours in tained by the motor carrier. Such order to complete that run or to reach records shall be made available upon a place offering safety for the occu- request of the Federal Motor Carrier pants of the commercial motor vehicle Safety Administration.

486

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.1

(e) Short-haul operations—(1) 100 air- (iii) The driver returns to the normal mile radius driver. A driver is exempt work reporting location at the end of from the requirements of § 395.8 if: each duty tour; (i) The driver operates within a 100 (iv) The driver has at least 10 con- air-mile radius of the normal work re- secutive hours off duty separating each porting location; on-duty period; (ii) The driver, except a driver-sales- (v) The driver does not drive more person, returns to the work reporting than 11 hours following at least 10 con- location and is released from work secutive hours off-duty; within 12 consecutive hours; (vi) The driver does not drive: (iii)(A) A property-carrying commer- (A) After the 14th hour after coming cial motor vehicle driver has at least 10 on duty on 5 days of any period of 7 consecutive hours off duty separating consecutive days; and each 12 hours on duty; (B) After the 16th hour after coming (B) A passenger-carrying commercial on duty on 2 days of any period of 7 motor vehicle driver has at least 8 con- consecutive days; secutive hours off duty separating each (vii) The driver does not drive: 12 hours on duty; (A) After having been on duty for 60 (iv)(A) A property-carrying commer- hours in 7 consecutive days if the em- cial motor vehicle driver does not ex- ploying motor carrier does not operate ceed 11 hours maximum driving time commercial motor vehicles every day following 10 consecutive hours off-duty; of the week; or (B) After having been on duty for 70 hours in 8 consecutive days if the em- (B) A passenger-carrying commercial ploying motor carrier operates com- motor vehicle driver does not exceed 10 mercial motor vehicles every day of hours maximum driving time following the week; 8 consecutive hours off duty; and (viii) Any period of 7 or 8 consecutive (v) The motor carrier that employs days may end with the beginning of the driver maintains and retains for a any off-duty period of 34 or more con- period of 6 months accurate and true secutive hours. time records showing: (ix) The motor carrier that employs (A) The time the driver reports for the driver maintains and retains for a duty each day; period of 6 months accurate and true (B) The total number of hours the time records showing: driver is on duty each day; (A) The time the driver reports for (C) The time the driver is released duty each day; from duty each day; and (B) The total number of hours the (D) The total time for the preceding driver is on duty each day; 7 days in accordance with § 395.8(j)(2) (C) The time the driver is released for drivers used for the first time or from duty each day; intermittently. (D) The total time for the preceding (2) Operators of property-carrying com- 7 days in accordance with § 395.8(j)(2) mercial motor vehicles not requiring a for drivers used for the first time or commercial driver’s license. Except as intermittently. provided in this paragraph, a driver is (f) Retail store deliveries. The provi- exempt from the requirements of § 395.3 sions of § 395.3 (a) and (b) shall not and § 395.8 and ineligible to use the pro- apply with respect to drivers of com- visions of § 395.1(e)(1), (g) and (o) if: mercial motor vehicles engaged solely (i) The driver operates a property- in making local deliveries from retail carrying commercial motor vehicle for stores and/or retail catalog businesses which a commercial driver’s license is to the ultimate consumer, when driv- not required under part 383 of this sub- ing solely within a 100-air mile radius chapter; of the driver’s work-reporting location, (ii) The driver operates within a 150 during the period from December 10 to air-mile radius of the location where December 25, both inclusive, of each the driver reports to and is released year. from work, i.e., the normal work re- (g) Sleeper berths—(1) Property-car- porting location; rying commercial motor vehicle—(i) In

487

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.1 49 CFR Ch. III (10–1–10 Edition)

General. A driver who operates a prop- (2) Specially trained driver of a spe- erty-carrying commercial motor vehi- cially constructed oil well servicing com- cle equipped with a sleeper berth, as mercial motor vehicle at a natural gas or defined in §§ 395.2 and 393.76 of this sub- oil well location. A specially trained chapter, driver who operates a commercial (A) Must, before driving, accumulate motor vehicle specially constructed to (1) At least 10 consecutive hours off service natural gas or oil wells that is duty; equipped with a sleeper berth, as de- (2) At least 10 consecutive hours of fined in §§ 395.2 and 393.76 of this sub- sleeper-berth time; chapter, or who is off duty at a natural (3) A combination of consecutive gas or oil well location, may accumu- sleeper-berth and off-duty time late the equivalent of 10 consecutive amounting to at least 10 hours; or hours off duty time by taking a com- (4) The equivalent of at least 10 con- bination of at least 10 consecutive secutive hours off duty if the driver hours of off-duty time, sleeper-berth does not comply with paragraph time, or time in other sleeping accom- (g)(1)(i)(A)(1), (2), or (3) of this section; modations at a natural gas or oil well location; or by taking two periods of (B) May not drive more than 11 hours rest in a sleeper berth, or other sleep- following one of the 10-hour off-duty ing accommodation at a natural gas or periods specified in paragraph oil well location, providing: (g)(1)(i)(A)(1) through (4) of this sec- (i) Neither rest period is shorter than tion; and 2 hours; (C) May not drive after the 14th hour (ii) The driving time in the period after coming on duty following one of immediately before and after each rest the 10-hour off-duty periods specified in period, when added together, does not paragraph (g)(1)(i)(A)(1) through (4) of exceed 11 hours; this section; and (iii) The driver does not drive after (D) Must exclude from the calcula- the 14th hour after coming on duty fol- tion of the 14-hour limit any sleeper lowing 10 hours off duty, where the 14th berth period of at least 8 but less than hour is calculated: 10 consecutive hours. (A) By excluding any sleeper berth or (ii) Specific requirements. The fol- other sleeping accommodation period lowing rules apply in determining com- of at least 2 hours which, when added pliance with paragraph (g)(1)(i) of this to a subsequent sleeper berth or other section: sleeping accommodation period, totals (A) The term ‘‘equivalent of at least at least 10 hours, and 10 consecutive hours off duty’’ means a (B) By including all on-duty time, all period of (1) At least 8 but less than 10 off-duty time not spent in the sleeper consecutive hours in a sleeper berth, berth or other sleeping accommoda- and tions, all such periods of less than 2 (2) A separate period of at least 2 but hours, and any period not described in less than 10 consecutive hours either in paragraph (g)(2)(iii)(A) of this section; the sleeper berth or off duty, or any and combination thereof. (iv) The driver may not return to (B) Calculation of the 11-hour driving driving subject to the normal limits limit includes all driving time; compli- under § 395.3 without taking at least 10 ance must be re-calculated from the consecutive hours off duty, at least 10 end of the first of the two periods used consecutive hours in the sleeper berth to comply with paragraph (g)(1)(ii)(A) or other sleeping accommodations, or a of this section. combination of at least 10 consecutive (C) Calculation of the 14-hour limit hours off duty, sleeper berth time, or includes all time except any sleeper- time in other sleeping accommoda- berth period of at least 8 but less than tions. 10 consecutive hours; compliance must (3) Passenger-carrying commercial be re-calculated from the end of the motor vehicles. A driver who is driving a first of the two periods used to comply passenger-carrying commercial motor with the requirements of paragraph vehicle that is equipped with a sleeper (g)(1)(ii)(A) of this section. berth, as defined in §§ 395.2 and 393.76 of

488

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.1

this subchapter, may accumulate the (i) More than 15 hours following 8 equivalent of 8 consecutive hours of consecutive hours off duty; off-duty time by taking a combination (ii) After being on duty for 20 hours of at least 8 consecutive hours off-duty or more following 8 consecutive hours and sleeper berth time; or by taking off duty; two periods of rest in the sleeper berth, (iii) After having been on duty for 70 providing: hours in any period of 7 consecutive (i) Neither rest period is shorter than days, if the motor carrier for which the two hours; driver drives does not operate every (ii) The driving time in the period day in the week; or immediately before and after each rest period, when added together, does not (iv) After having been on duty for 80 exceed 10 hours; hours in any period of 8 consecutive (iii) The on-duty time in the period days, if the motor carrier for which the immediately before and after each rest driver drives operates every day in the period, when added together, does not week. include any driving time after the 15th (3) A driver who is driving a commer- hour; and cial motor vehicle in the State of Alas- (iv) The driver may not return to ka and who encounters adverse driving driving subject to the normal limits conditions (as defined in § 395.2) may under § 395.5 without taking at least 8 drive and be permitted or required to consecutive hours off duty, at least 8 drive a commercial motor vehicle for consecutive hours in the sleeper berth, the period of time needed to complete or a combination of at least 8 consecu- the run. tive hours off duty and sleeper berth (i) After a property-carrying com- time. mercial motor vehicle driver completes (h) State of Alaska—(1) Property-car- the run, that driver must be off duty rying commercial motor vehicle. The pro- for at least 10 consecutive hours before visions of § 395.3(a) and (b) do not apply he/she drives again; and to any driver who is driving a commer- (ii) After a passenger-carrying com- cial motor vehicle in the State of Alas- mercial motor vehicle driver completes ka. A driver who is driving a property- carrying commercial motor vehicle in the run, that driver must be off duty the State of Alaska must not drive or for at least 8 consecutive hours before be required or permitted to drive— he/she drives again. (i) More than 15 hours following 10 (i) State of Hawaii. The rules in § 395.8 consecutive hours off duty; or do not apply to a driver who drives a (ii) After being on duty for 20 hours commercial motor vehicle in the State or more following 10 consecutive hours of Hawaii, if the motor carrier who em- off duty. ploys the driver maintains and retains (iii) After having been on duty for 70 for a period of 6 months accurate and hours in any period of 7 consecutive true records showing— days, if the motor carrier for which the (1) The total number of hours the driver drives does not operate every driver is on duty each day; and day in the week; or (2) The time at which the driver re- (iv) After having been on duty for 80 ports for, and is released from, duty hours in any period of 8 consecutive each day. days, if the motor carrier for which the (j) Travel time—(1) When a property- driver drives operates every day in the carrying commercial motor vehicle week. driver at the direction of the motor (2) Passenger-carrying commercial motor vehicle. The provisions of § 395.5 carrier is traveling, but not driving or do not apply to any driver who is driv- assuming any other responsibility to ing a passenger-carrying commercial the carrier, such time must be counted motor vehicle in the State of Alaska. A as on-duty time unless the driver is af- driver who is driving a passenger-car- forded at least 10 consecutive hours off rying commercial motor vehicle in the duty when arriving at destination, in State of Alaska must not drive or be which case he/she must be considered required or permitted to drive— off duty for the entire period.

489

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.1 49 CFR Ch. III (10–1–10 Edition)

(2) When a passenger-carrying com- duty within 16 hours after coming on mercial motor vehicle driver at the di- duty following 10 consecutive hours off rection of the motor carrier is trav- duty; and eling, but not driving or assuming any (3) The driver has not taken this ex- other responsibility to the carrier, emption within the previous 6 consecu- such time must be counted as on-duty tive days, except when the driver has time unless the driver is afforded at begun a new 7- or 8-consecutive day pe- least 8 consecutive hours off duty when riod with the beginning of any off-duty arriving at destination, in which case period of 34 or more consecutive hours he/she must be considered off duty for as allowed by § 395.3(c). the entire period. (p) Commercial motor vehicle transpor- (k) Agricultural operations. The provi- tation to or from a motion picture produc- sions of this part shall not apply to tion site. A driver of a commercial drivers transporting agricultural com- motor vehicle providing transportation modities or farm supplies for agricul- of property or passengers to or from a tural purposes in a State if such trans- theatrical or television motion picture portation: production site is exempt from the re- (1) Is limited to an area within a 100 quirements of § 395.3(a) if the driver op- air-mile radius from the source of the erates within a 100 air-mile radius of commodities or the distribution point the location where the driver reports for the farm supplies, and to and is released from work, i.e., the (2) Is conducted (except in the case of normal work-reporting location. With livestock feed transporters) during the respect to the maximum daily hours of planting and harvesting seasons within service, such a driver may not drive— such State, as determined by the State. (1) More than 10 hours following 8 (l) Ground water well drilling oper- consecutive hours off duty; ations. In the instance of a driver of a commercial motor vehicle who is used (2) For any period after having been primarily in the transportation and op- on duty 15 hours following 8 consecu- erations of a ground water well drilling tive hours off duty. rig, any period of 7 or 8 consecutive (3) If a driver of a commercial motor days may end with the beginning of vehicle providing transportation of any off-duty period of 24 or more suc- property or passengers to or from a cessive hours. theatrical or television motion picture (m) Construction materials and production site operates beyond a 100 equipment. In the instance of a driver air-mile radius of the normal work-re- of a commercial motor vehicle who is porting location, the driver is subject used primarily in the transportation of to § 395.3(a), and paragraphs (p)(1) and construction materials and equipment, (2) of this section do not apply. any period of 7 or 8 consecutive days (q) Transporters of grapes during har- may end with the beginning of any off- vest period in the State of New York. The duty period of 24 or more successive provisions of this part shall not apply hours. to drivers transporting grapes if such (n) Utility service vehicles. The provi- transportation: sions of this part shall not apply to a (1) Is within the State of New York; driver of a utility service vehicle as de- (2) Is west of Interstate 81; fined in § 395.2. (3) Is within a 150 air-mile radius of (o) Property-carrying driver. A prop- where the grapes were picked or dis- erty-carrying driver is exempt from the tributed; and requirements of § 395.3(a)(2) if: (4) Is during the harvest period as de- (1) The driver has returned to the fined by the State of New York. This driver’s normal work reporting loca- provision expires September 30, 2009. tion and the carrier released the driver from duty at that location for the pre- [57 FR 33647, July 30, 1992, as amended at 58 vious five duty tours the driver has FR 33777, June 21, 1993; 60 FR 38748, July 28, 1995; 61 FR 14679, Apr. 3, 1996; 63 FR 33279, worked; June 18, 1998; 68 FR 22515, Apr. 28, 2003; 68 FR (2) The driver has returned to the 56211, Sept. 30, 2003; 70 FR 50071, Aug. 25, 2005; normal work reporting location and 72 FR 36790, July 5, 2007; 72 FR 55703, Oct. 1, the carrier releases the driver from 2007; 72 FR 71269, Dec. 17, 2007]

490

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.2

§ 395.2 Definitions. duty, who devotes not more than 50 As used in this part, the following percent of his/her hours on duty to words and terms are construed to driving time. The term selling goods for mean: purposes of this section shall include in Adverse driving conditions means all cases solicitation or obtaining of re- snow, sleet, fog, other adverse weather orders or new accounts, and may also conditions, a highway covered with include other selling or merchandising snow or ice, or unusual road and traffic activities designed to retain the cus- conditions, none of which were appar- tomer or to increase the sale of goods ent on the basis of information known or services, in addition to solicitation to the person dispatching the run at or obtaining of reorders or new ac- the time it was begun. counts. Agricultural commodity means any ag- Driving time means all time spent at ricultural commodity, nonprocessed the driving controls of a commercial food, feed, fiber, or livestock (including motor vehicle in operation. livestock as defined in sec. 602 of the Eight consecutive days means the pe- Emergency Livestock Feed Assistance riod of 8 consecutive days beginning on Act of 1988 [7 U.S.C. 1471] and insects). any day at the time designated by the Automatic on-board recording device motor carrier for a 24-hour period. means an electric, electronic, 802.11 is a set of communications and electromechanical, or mechanical de- product compatibility standards for vice capable of recording driver’s duty wireless local area networks (WLAN). status information accurately and The 802.11 standards are also known as automatically as required by § 395.15. WiFi by marketing convention. The device must be integrally syn- Electronic on-board recording device chronized with specific operations of (EOBR) means an electronic device the commercial motor vehicle in which that is capable of recording a driver’s it is installed. At a minimum, the de- hours of service and duty status accu- vice must record engine use, road rately and automatically and that speed, miles driven, the date, and time of day. meets the requirements of § 395.16. The CD–RW (Compact Disc—Re- device must be integrally synchronized Writeable) means an optical disc dig- with specific operations of the com- ital storage format that allows digital mercial motor vehicle in which it is in- data to be erased and rewritten many stalled. The EOBR must record, at times. The technical and physical spec- minimum, the information listed in ifications for CD–RW are described in § 395.16(b). the document Orange Book Part III: Farm supplies for agricultural purposes CD–RW, published by Royal Philips means products directly related to the Electronics. growing or harvesting of agricultural CMRS (Commercial Mobile Radio commodities during the planting and Services) An FCC designation for any harvesting seasons within each State, carrier or licensee whose wireless net- as determined by the State, and live- work is connected to the public stock feed at any time of the year. switched telephone network and/or is Ground water well drilling rig means operated for profit. Another common any vehicle, machine, tractor, trailer, term for these entities is cellular te- semi-trailer, or specialized mobile lephony providers. equipment propelled or drawn by me- Driver-salesperson means any em- chanical power and used on highways ployee who is employed solely as such to transport water well field operating by a private carrier of property by equipment, including water well drill- commercial motor vehicle, who is en- ing and pump service rigs equipped to gaged both in selling goods, services, or access ground water. the use of goods, and in delivering by Integrally synchronized refers to an commercial motor vehicle the goods AOBRD or EOBR that receives and sold or provided or upon which the records the engine use status and dis- services are performed, who does so en- tance traveled for the purpose of deriv- tirely within a radius of 100 miles of ing on-duty driving status from a the point at which he/she reports for source or sources internal to the CMV.

491

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.2 49 CFR Ch. III (10–1–10 Edition)

Multiple stops means all stops made in Transportation of construction mate- any one village, town, or city may be rials and equipment means the transpor- computed as one. tation of construction and pavement On duty time means all time from the materials, construction equipment, and time a driver begins to work or is re- construction maintenance vehicles, by quired to be in readiness to work until a driver to or from an active construc- the time the driver is relieved from tion site (a construction site between work and all responsibility for per- mobilization of equipment and mate- forming work. On duty time shall in- rials to the site to the final completion clude: of the construction project) within a 50 (1) All time at a plant, terminal, fa- air mile radius of the normal work re- cility, or other property of a motor porting location of the driver. This carrier or shipper, or on any public paragraph does not apply to the trans- property, waiting to be dispatched, un- portation of material found by the Sec- less the driver has been relieved from retary to be hazardous under 49 U.S.C. duty by the motor carrier; 5103 in a quantity requiring placarding (2) All time inspecting, servicing, or under regulations issued to carry out conditioning any commercial motor such section. vehicle at any time; Twenty-four-hour period means any (3) All driving time as defined in the 24-consecutive-hour period beginning term driving time; at the time designated by the motor (4) All time, other than driving time, carrier for the terminal from which the in or upon any commercial motor vehi- driver is normally dispatched. cle except time spent resting in a sleep- USB (Universal Serial Bus) is a serial er berth; bus interface standard for connecting (5) All time loading or unloading a electronic devices. commercial motor vehicle, supervising, UTC (Coordinated Universal Time) is or assisting in the loading or unload- the international civil time standard, ing, attending a commercial motor ve- determined by using highly precise hicle being loaded or unloaded, remain- atomic clocks. It is the basis for civil ing in readiness to operate the com- standard time in the United States and mercial motor vehicle, or in giving or its territories. UTC time refers to time receiving receipts for shipments loaded kept on the Greenwich meridian (lon- or unloaded; gitude zero), which is 5 hours ahead of (6) All time repairing, obtaining as- Eastern Standard Time. UTC times are sistance, or remaining in attendance expressed in terms of a 24-hour clock. upon a disabled commercial motor ve- Standard time within any U.S. time hicle; zone is offset from UTC by a given (7) All time spent providing a breath number of hours determined by the sample or urine specimen, including time zone’s distance from the Green- travel time to and from the collection wich meridian. site, in order to comply with the ran- Utility service vehicle means any com- dom, reasonable suspicion, post-acci- mercial motor vehicle: dent, or follow-up testing required by (1) Used in the furtherance of repair- part 382 of this subchapter when di- ing, maintaining, or operating any rected by a motor carrier; structures or any other physical facili- (8) Performing any other work in the ties necessary for the delivery of public capacity, employ, or service of a motor utility services, including the fur- carrier; and nishing of electric, gas, water, sanitary (9) Performing any compensated sewer, telephone, and television cable work for a person who is not a motor or community antenna service; carrier. (2) While engaged in any activity Seven consecutive days means the pe- necessarily related to the ultimate de- riod of 7 consecutive days beginning on livery of such public utility services to any day at the time designated by the consumers, including travel or move- motor carrier for a 24-hour period. ment to, from, upon, or between activ- Sleeper berth means a berth con- ity sites (including occasional travel or forming to the requirements of § 393.76 movement outside the service area ne- of this chapter. cessitated by any utility emergency as

492

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.8

determined by the utility provider); duty period of 34 or more consecutive and hours. (3) Except for any occasional emer- [70 FR 50073, Aug. 25, 2005, as amended at 72 gency use, operated primarily within FR 71270, Dec. 17, 2007] the service area of a utility’s sub- scribers or consumers, without regard § 395.5 Maximum driving time for pas- to whether the vehicle is owned, leased, senger-carrying vehicles. or rented by the utility. Subject to the exceptions and exemp- tions in § 395.1: [57 FR 33648, July 30, 1992, as amended at 59 (a) No motor carrier shall permit or FR 7515, Feb. 15, 1994; 59 FR 60324, Nov. 23, require any driver used by it to drive a 1994; 60 FR 38748, July 28, 1995; 61 FR 14679, passenger-carrying commercial motor Apr. 3, 1996; 63 FR 33279, June 18, 1998; 72 FR vehicle, nor shall any such driver drive 36790, July 5, 2007; 75 FR 17245, Apr. 5, 2010] a passenger-carrying commercial § 395.3 Maximum driving time for motor vehicle: property-carrying vehicles. (1) More than 10 hours following 8 consecutive hours off duty; or Subject to the exceptions and exemp- (2) For any period after having been tions in § 395.1: on duty 15 hours following 8 consecu- (a) No motor carrier shall permit or tive hours off duty. require any driver used by it to drive a (b) No motor carrier shall permit or property-carrying commercial motor require a driver of a passenger-carrying vehicle, nor shall any such driver drive commercial motor vehicle to drive, nor a property-carrying commercial motor shall any driver drive a passenger-car- vehicle: rying commercial motor vehicle, re- (1) More than 11 cumulative hours gardless of the number of motor car- following 10 consecutive hours off-duty; riers using the driver’s services, for any period after— (2) For any period after the end of the (1) Having been on duty 60 hours in 14th hour after coming on duty fol- any 7 consecutive days if the employ- lowing 10 consecutive hours off duty, ing motor carrier does not operate except when a property-carrying driver commercial motor vehicles every day complies with the provisions of of the week; or § 395.1(o) or § 395.1(e)(2). (2) Having been on duty 70 hours in (b) No motor carrier shall permit or any period of 8 consecutive days if the require a driver of a property-carrying employing motor carrier operates com- commercial motor vehicle to drive, nor mercial motor vehicles every day of shall any driver drive a property-car- the week. rying commercial motor vehicle, re- [70 FR 50073, Aug. 25, 2005] gardless of the number of motor car- riers using the driver’s services, for § 395.7 [Reserved] any period after— (1) Having been on duty 60 hours in § 395.8 Driver’s record of duty status. any period of 7 consecutive days if the (a) Except for a private motor carrier employing motor carrier does not oper- of passengers (nonbusiness), every ate commercial motor vehicles every motor carrier shall require every driver day of the week; or used by the motor carrier to record his/ (2) Having been on duty 70 hours in her duty status for each 24 hour period any period of 8 consecutive days if the using the methods prescribed in either paragraph (a)(1) or (2) of this section. employing motor carrier operates com- (1) Every driver who operates a com- mercial motor vehicles every day of mercial motor vehicle shall record his/ the week. her duty status, in duplicate, for each (c)(1) Any period of 7 consecutive 24-hour period. The duty status time days may end with the beginning of shall be recorded on a specified grid, as any off-duty period of 34 or more con- shown in paragraph (g) of this section. secutive hours; or The grid and the requirements of para- (2) Any period of 8 consecutive days graph (d) of this section may be com- may end with the beginning of any off- bined with any company forms. The

493

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00503 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.8 49 CFR Ch. III (10–1–10 Edition)

previously approved format of the (e) Failure to complete the record of Daily Log, Form MCS–59 or the Multi- duty activities of either this section, day Log, MCS–139 and 139A, which § 395.15 or § 395.16, failure to preserve a meets the requirements of this section, record of such duty activities, or mak- may continue to be used. ing false reports in connection with (2) Every driver operating a commer- such duty activities shall make the cial motor vehicle equipped with either driver and/or the carrier liable to pros- an automatic on-board recording de- ecution. vice meeting the requirements of (f) The driver’s activities shall be re- § 395.15 or an electronic on-board re- corded in accordance with the fol- corder meeting the requirements of lowing provisions: § 395.16 must record his or her duty sta- (1) Entries to be current. Drivers shall tus using the device installed in the ve- keep their records of duty status cur- hicle. The requirements of this section rent to the time shown for the last shall not apply, except for paragraphs change of duty status. (e) and (k)(1) and (2) of this section. (2) Entries made by driver only. All en- (b) The duty status shall be recorded tries relating to driver’s duty status as follows: must be legible and in the driver’s own (1) ‘‘Off duty’’ or ‘‘OFF.’’ handwriting. (2) ‘‘Sleeper berth’’ or ‘‘SB’’ (only if a (3) Date. The month, day and year for sleeper berth used). the beginning of each 24-hour period (3) ‘‘Driving’’ or ‘‘D.’’ shall be shown on the form containing (4) ‘‘On-duty not driving’’ or ‘‘ON.’’ the driver’s duty status record. (c) For each change of duty status (4) Total miles driving today. Total (e.g., the place of reporting for work, mileage driven during the 24-hour pe- starting to drive, on-duty not driving riod shall be recorded on the form con- and where released from work), the taining the driver’s duty status record. name of the city, town, or village, with (5) Commercial motor vehicle identifica- State abbreviation, shall be recorded. tion. The driver shall show the number NOTE: If a change of duty status occurs at assigned by the motor carrier, or the a location other than a city, town, or village, license number and licensing State of show one of the following: (1) The highway each commercial motor vehicle oper- number and nearest milepost followed by the ated during each 24-hour period on his/ name of the nearest city, town, or village her record of duty status. The driver of and State abbreviation, (2) the highway an articulated (combination) commer- number and the name of the service plaza followed by the name of the nearest city, cial motor vehicle shall show the num- town, or village and State abbreviation, or ber assigned by the motor carrier, or (3) the highway numbers of the nearest two the license number and licensing State intersecting roadways followed by the name of each motor vehicle used in each of the nerest city, town, or village and State commercial motor vehicle combination abbreviation. operated during that 24-hour period on (d) The following information must his/her record of duty status. be included on the form in addition to (6) Name of motor carrier. The name(s) the grid: of the motor carrier(s) for which work (1) Date; is performed shall be shown on the (2) Total miles driving today; form containing the driver’s record of (3) Truck or tractor and trailer num- duty status. When work is performed ber; for more than one motor carrier during (4) Name of carrier; the same 24-hour period, the beginning (5) Driver’s signature/certification; and finishing time, showing a.m. or (6) 24-hour period starting time (e.g. p.m., worked for each motor carrier midnight, 9:00 a.m., noon, 3:00 p.m.); shall be shown after each motor car- (7) Main office address; rier’s name. Drivers of leased commer- (8) Remarks; cial motor vehicles shall show the (9) Name of co-driver; name of the motor carrier performing (10) Total hours (far right edge of the transportation. grid); (7) Signature/certification. The driver (11) Shipping document number(s), or shall certify to the correctness of all name of shipper and commodity; entries by signing the form containing

494

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00504 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.8

the driver’s duty status record with (9) Main office address. The motor car- his/her legal name or name of record. rier’s main office address shall be The driver’s signature certifies that all shown on the form containing the driv- entries required by this section made er’s duty status record. by the driver are true and correct. (10) Recording days off duty. Two or (8) Time base to be used. (i) The driv- more consecutive 24-hour periods off er’s duty status record shall be pre- duty may be recorded on one duty sta- pared, maintained, and submitted tus record. using the time standard in effect at the (11) Total hours. The total hours in driver’s home terminal, for a 24-hour each duty status: ff duty other than in period beginning with the time speci- a sleeper berth; off duty in a sleeper fied by the motor carrier for that driv- berth; driving, and on duty not driving, er’s home terminal. (ii) The term ‘‘7 or 8 consecutive shall be entered to the right of the days’’ means the 7 or 8 consecutive 24- grid, the total of such entries shall hour periods as designated by the car- equal 24 hours. rier for the driver’s home terminal. (12) Shipping document number(s) or (iii) The 24-hour period starting time name of shipper and commodity shall be must be identified on the driver’s duty shown on the driver’s record of duty status record. One-hour increments status. must appear on the graph, be identi- (g) Graph grid. The following graph fied, and preprinted. The words ‘‘Mid- grid must be incorporated into a motor night’’ and ‘‘Noon’’ must appear above carrier recordkeeping system which or beside the appropriate one-hour in- must also contain the information re- crement. quired in paragraph (d) of this section.

495

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00505 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.8 49 CFR Ch. III (10–1–10 Edition)

(h) Graph grid preparation. The graph as defined in § 395.2. (If a non-sleeper grid may be used horizontally or berth operation, sleeper berth need not vertically and shall be completed as be shown on the grid.) follows: (3) Driving. A continuous line shall be (1) Off duty. Except for time spent drawn between the appropriate time resting in a sleeper berth, a continuous markers to record the period(s) of driv- line shall be drawn between the appro- ing time, as defined in § 395.2. priate time markers to record the pe- (4) On duty not driving. A continuous riod(s) of time when the driver is not line shall be drawn between the appro- on duty, is not required to be in readi- priate time markers to record the pe- ness to work, or is not under any re- riod(s) of time on duty not driving sponsibility for performing work. specified in § 395.2. (2) Sleeper berth. A continuous line (5) Location—remarks. The name of shall be drawn between the appropriate the city, town, or village, with State time markers to record the period(s) of abbreviation where each change of time off duty resting in a sleeper berth, duty status occurs shall be recorded.

496

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00506 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR EC01AP91.034 Federal Motor Carrier Safety Administration, DOT § 395.8

NOTE: If a change of duty status occurs at (iii) The beginning and finishing a location other than a city, town, or village, time, including a.m. or p.m., worked show one of the following: (1) The highway for each carrier. number and nearest milepost followed by the (2) Motor carriers, when using a driv- name of the nearest city, town, or village and State abbreviation, (2) the highway er for the first time or intermittently, number and the name of the service plaza shall obtain from the driver a signed followed by the name of the nearest city, statement giving the total time on town, or village and State abbreviation, or duty during the immediately preceding (3) the highway numbers of the nearest two 7 days and the time at which the driver intersecting roadways followed by the name was last relieved from duty prior to be- of the nearest city, town, or village and ginning work for the motor carriers. State abbreviation. (k) Retention of driver’s record of duty (i) Filing driver’s record of duty status. status. (1) Each motor carrier shall The driver shall submit or forward by maintain records of duty status and all mail the original driver’s record of supporting documents for each driver duty status to the regular employing it employs for a period of six months motor carrier within 13 days following from the date of receipt. the completion of the form. (2) The driver shall retain a copy of (j) Drivers used by more than one motor each record of duty status for the pre- carrier. (1) When the services of a driver vious 7 consecutive days which shall be are used by more than one motor car- in his/her possession and available for rier during any 24-hour period in effect inspection while on duty. at the driver’s home terminal, the driv- NOTE: Driver’s Record of Duty Status. er shall submit a copy of the record of duty status to each motor carrier. The The graph grid, when incorporated as part record shall include: of any form used by a motor carrier, must be (i) All duty time for the entire 24- of sufficient size to be legible. The following executed specimen grid illus- hour period; trates how a driver’s duty status should be (ii) The name of each motor carrier recorded for a trip from Richmond, Virginia, served by the driver during that period; to Newark, New Jersey. The grid reflects the and midnight to midnight 24 hour period.

Graph Grid (Midnight to Midnight Operation) handling details with the local police. The driver arrived at the company’s Baltimore, The driver in this instance reported for Maryland, terminal at noon and went to duty at the motor carrier’s terminal. The lunch while minor repairs were made to the driver reported for work at 6 a.m., helped tractor. At 1 p.m. the driver resumed the trip load, checked with dispatch, made a pretrip and made a delivery in Philadelphia, Penn- inspection, and performed other duties until sylvania, between 3 p.m. and 3:30 p.m. at 7:30 a.m. when the driver began driving. At 9 which time the driver started driving again. a.m. the driver had a minor accident in Fred- Upon arrival at Cherry Hill, New Jersey, at ericksburg, Virginia, and spent one half hour 4 p.m., the driver entered the sleeper berth

497

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00507 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR EC01AP91.035 § 395.10 49 CFR Ch. III (10–1–10 Edition)

for a rest break until 5:45 p.m. at which time cess of the maximum periods permitted the driver resumed driving again. At 7 p.m. by this part. the driver arrived at the company’s terminal (2) Every driver required to maintain in Newark, New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required pa- a record of duty status under § 395.8 perwork including completing the driver’s must have a record of duty status cur- record of duty status, driver vehicle inspec- rent on the day of examination and for tion report, insurance report for the Fred- the prior 7 consecutive days. ericksburg, Virginia accident, checked for (3) Exception. A driver failing only to the next day’s dispatch, etc. At 8 p.m., the driver went off duty. have possession of a record of duty sta- tus current on the day of examination (Approved by the Office of Management and and the prior day, but has completed Budget under control number 2125–0016) records of duty status up to that time [47 FR 53389, Nov. 26, 1982, as amended at 49 (previous 6 days), will be given the op- FR 38290, Sept. 28, 1984; 49 FR 46147, Nov. 23, portunity to make the duty status 1984; 51 FR 12622, Apr. 14, 1986; 52 FR 41721, record current. Oct. 30, 1987; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30, 1988; 57 FR 33649, July 30, 1992; (4) No driver shall drive a CMV in 58 FR 33777, June 21, 1993; 59 FR 8753, Feb. 23, violation of § 385.811(d) of this chapter. 1994; 60 FR 38748, July 28, 1995; 62 FR 16709, (c) Responsibilities of motor carriers. (1) Apr. 8, 1997; 63 FR 33279, June 18, 1998; 75 FR No motor carrier shall: 17245, Apr. 5, 2010] (i) Require or permit a driver who has been declared out of service to op- § 395.10 [Reserved] erate a commercial motor vehicle until § 395.11 Supporting documents for that driver may lawfully do so under drivers using EOBRs. the rules in this part. (a) Motor carriers maintaining date, (ii) Require a driver who has been de- time and location data produced by a clared out of service for failure to pre- § 395.16-compliant EOBR need only pare a record of duty status to operate maintain additional supporting docu- a commercial motor vehicle until that ments (e.g., driver payroll records, fuel driver has been off duty for the appro- receipts) that provide the ability to priate number of consecutive hours re- verify on-duty not driving activities quired by this part and is in compli- and off-duty status according to the re- ance with this section. The appropriate quirements of § 395.8(k). consecutive hours off-duty may include (b) This section does not apply to sleeper berth time. motor carriers and owner-operators (2) A motor carrier shall complete that have been issued a remedial direc- the ‘‘Motor Carrier Certification of Ac- tive to install, use, and maintain tion Taken’’ portion of the form MCS– EOBRs. 63 (Driver-Vehicle Examination Re- port) and deliver the copy of the form [75 FR 17245, Apr. 5, 2010] either personally or by mail to the Di- § 395.12 [Reserved] vision Administrator or State Director Federal Motor Carrier Safety Adminis- § 395.13 Drivers declared out of serv- tration, at the address specified upon ice. the form within 15 days following the (a) Authority to declare drivers out of date of examination. If the motor car- service. Every special agent of the Fed- rier mails the form, delivery is made eral Motor Carrier Safety Administra- on the date it is postmarked. tion (as defined in appendix B to this (d) Responsibilities of the driver. (1) No subchapter) is authorized to declare a driver who has been declared out of driver out of service and to notify the service shall operate a commercial motor carrier of that declaration, upon motor vehicle until that driver may finding at the time and place of exam- lawfully do so under the rules of this ination that the driver has violated the part. out of service criteria as set forth in (2) No driver who has been declared paragraph (b) of this section. out of service, for failing to prepare a (b) Out of service criteria. (1) No driver record of duty status, shall operate a shall drive after being on duty in ex- commercial motor vehicle until the

498

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00508 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.15

driver has been off duty for the appro- records of duty status, for the previous priate number of consecutive hours re- 7 days. quired by this part and is in compli- (3) Support systems used in conjunc- ance with this section. tion with on-board recorders at a driv- (3) A driver to whom a form has been er’s home terminal or the motor car- tendered declaring the driver out of rier’s principal place of business must service shall within 24 hours thereafter be capable of providing authorized Fed- deliver or mail the copy to a person or eral, State or local officials with sum- place designated by motor carrier to maries of an individual driver’s hours receive it. of service records, including the infor- (4) Section 395.13 does not alter the mation specified in § 395.8(d) of this hazardous materials requirements pre- part. The support systems must also scribed in § 397.5 pertaining to attend- provide information concerning on- ance and surveillance of commercial board system sensor failures and iden- motor vehicles. tification of edited data. Such support systems should meet the information [44 FR 34963, June 18, 1979, as amended at 47 FR 53392, Nov. 26, 1982; 51 FR 12622, Apr. 14, interchange requirements of the Amer- 1986; 53 FR 18058, May 19, 1988; 53 FR 38670, ican National Standard Code for Infor- Sept. 30, 1988; 53 FR 47544, Nov. 23, 1988; 60 FR mation Interchange (ANSCII) (EIARS– 38748, July 28, 1995; 68 FR 22516, Apr. 28, 2003; 232/CCITT V.24 port (National Bureau 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, of Standards ‘‘Code for Information 2010] Interchange,’’ FIPS PUB 1–1)). (4) The driver shall have in his/her § 395.15 Automatic on-board recording possession records of duty status for devices. the previous 7 consecutive days avail- (a) Applicability and authority to use. able for inspection while on duty. This section applies to automatic on- These records shall consist of informa- board recording devices (AOBRDs) used tion stored in and retrievable from the to record drivers’ hours of service as automatic on-board recording device, specified by part 395. handwitten records, computer gen- (1) A motor carrier may require a erated records, or any combination driver to use an AOBRD to record the thereof. driver’s hours of service in lieu of com- (5) All hard copies of the driver’s plying with the requirements of § 395.8 record of duty status must be signed by of this part. For commercial motor ve- the driver. The driver’s signature cer- hicles manufactured prior to June 4, tifies that the information contained 2012, manufacturers or motor carriers thereon is true and correct. may install an electronic device to (c) The duty status and additional in- record hours of service if the device formation shall be recorded as follows: meets the requirements of either this (1) ‘‘Off duty’’ or ‘‘OFF’’, or by an section or § 395.16. identifiable code or character; (2) Every driver required by a motor (2) ‘‘Sleeper berth’’ or ‘‘SB’’ or by an carrier to use an automatic on-board identifiable code or character (only if recording device shall use such device the sleeper berth is used); to record the driver’s hours of service. (3) ‘‘Driving’’ or ‘‘D’’, or by an identi- (b) Information requirements. (1) Auto- fiable code or character; and matic on-board recording devices shall produce, upon demand, a driver’s hours (4) ‘‘On-duty not driving’’ or ‘‘ON’’, or of service chart, electronic display, or by an identifiable code or character. printout showing the time and se- (5) Date; quence of duty status changes includ- (6) Total miles driving today; ing the drivers’ starting time at the be- (7) Truck or tractor and trailer num- ginning of each day. ber; (2) The device shall provide a means (8) Name of carrier; whereby authorized Federal, State, or (9) Main office address; local officials can immediately check (10) 24-hour period starting time (e.g., the status of a driver’s hours of service. midnight, 9:00 a.m., noon, 3:00 p.m.) This information may be used in con- (11) Name of co-driver; junction with handwritten or printed (12) Total hours; and

499

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.15 49 CFR Ch. III (10–1–10 Edition)

(13) Shipping document number(s), or submission to the employing motor name of shipper and commodity. carrier; and (d) Location of duty status change. (1) (3) The submission of the record of For each change of duty status (e.g., duty status certifies that all entries the place and time of reporting for made by the driver are true and cor- work, starting to drive, on-duty not rect. driving and where released from work), (i) Performance of recorders. Motor the name of the city, town, or village, carriers that use automatic on-board with State abbreviation, shall be re- recording devices for recording their corded. drivers’ records of duty status in lieu (2) Motor carriers are permitted to of the handwritten record shall ensure use location codes in lieu of the re- that: quirements of paragraph (d)(1) of this (1) A certificate is obtained from the section. A list of such codes showing manufacturer certifying that the de- all possible location identifiers shall be sign of the automatic on-board re- carried in the cab of the commercial corder has been sufficiently tested to motor vehicle and available at the meet the requirements of this section motor carrier’s principal place of busi- and under the conditions it will be ness. Such lists shall be made available used; to an enforcement official on request. (2) The automatic on-board recording (e) Entries made by driver only. If a device permits duty status to be up- driver is required to make written en- dated only when the commercial motor tries relating to the driver’s duty sta- vehicle is at rest, except when reg- tus, such entries must be legible and in istering the time a commercial motor the driver’s own handwriting. vehicle crosses a State boundary; (f) Reconstruction of records of duty (3) The automatic on-board recording status. Drivers are required to note any device and associated support systems failure of automatic on-board record- are, to the maximum extent prac- ing devices, and to reconstruct the ticable, tamperproof and do not permit driver’s record of duty status for the altering of the information collected current day, and the past 7 days, less concerning the driver’s hours of serv- any days for which the drivers have ice; records, and to continue to prepare a (4) The automatic on-board recording handwritten record of all subsequent device warns the driver visually and/or duty status until the device is again audibly that the device has ceased to operational. function. Devices installed and oper- (g) On-board information. Each com- ational as of October 31, 1988, and au- mercial motor vehicle must have on- thorized to be used in lieu of the hand- board the commercial motor vehicle an written record of duty status by the information packet containing the fol- FMCSA are exempted from this re- lowing items: quirement. (1) An instruction sheet describing in (5) Automatic on-board recording de- detail how data may be stored and re- vices with electronic displays shall trieved from an automatic on-board re- have the capability of displaying the cording system; and following: (2) A supply of blank driver’s records (i) Driver’s total hours of driving of duty status graph-grids sufficient to today; record the driver’s duty status and (ii) The total hours on duty today; other related information for the dura- (iii) Total miles driving today; tion of the current trip. (iv) Total hours on duty for the 7 (h) Submission of driver’s record of duty consecutive day period, including status. (1) The driver shall submit, elec- today; tronically or by mail, to the employing (v) Total hours on duty for the prior motor carrier, each record of the driv- 8 consecutive day period, including the er’s duty status within 13 days fol- present day; and lowing the completion of each record; (vi) The sequential changes in duty (2) The driver shall review and verify status and the times the changes oc- that all entries are accurate prior to curred for each driver using the device.

500

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.16

(6) The on-board recorder is capable to record the driver’s hours of service of recording separately each driver’s as specified by part 395. Motor carriers duty status when there is a multiple- subject to a remedial directive to in- driver operation; stall, use and maintain EOBRs, issued (7) The on-board recording device/sys- in accordance with 49 CFR part 385, tem identifies sensor failures and edit- subpart J, must comply with this sec- ed data when reproduced in printed tion. form. Devices installed and operational (1) A motor carrier may require a as of October 31, 1988, and authorized to driver to use an EOBR to record the be used in lieu of the handwritten driver’s hours of service in lieu of com- record of duty status by the FMCSA plying with the requirements of § 395.8 are exempted from this requirement. of this part. For commercial motor ve- (8) The on-board recording device is hicles manufactured after June 4, 2012, maintained and recalibrated in accord- any electronic device installed in a ance with the manufacturer’s specifica- CMV by a manufacturer or motor car- tions; rier to record hours of service must (9) The motor carrier’s drivers are meet the requirements of this section. adequately trained regarding the prop- (2) Every driver required by a motor er operation of the device; and carrier to use an EOBR shall use such (10) The motor carrier must maintain device to record the driver’s hours of a second copy (back-up copy) of the service. electronic hours-of-service files, by (b) Information to be recorded. An month, in a different physical location EOBR must record the following infor- than where the original data is stored. mation: (j) Rescission of authority. (1) The (1) Name of driver and any co-driv- FMCSA may, after notice and oppor- er(s), and corresponding driver identi- tunity to reply, order any motor car- fication information (such as a user ID rier or driver to comply with the re- and password). However, the name of quirements of § 395.8 of this part. the driver and any co-driver is not re- (2) The FMCSA may issue such an quired to be transmitted as part of the order if the FMCSA has determined downloaded file during a roadside in- that— spection. (i) The motor carrier has been issued (2) Duty status. a conditional or unsatisfactory safety (3) Date and time. rating by the FMCSA; (4) Location of CMV. (ii) The motor carrier has required or (5) Distance traveled. permitted a driver to establish, or the (6) Name and USDOT Number of driver has established, a pattern of ex- motor carrier. ceeding the hours of service limita- (7) 24-hour period starting time (e.g., tions of this part; midnight, 9 a.m., noon, 3 p.m.). (iii) The motor carrier has required (8) The multiday basis (7 or 8 days) or permitted a driver to fail, or the used by the motor carrier to compute driver has failed, to accurately and cumulative duty hours and driving completely record the driver’s hours of time. service as required in this section; or (9) Hours in each duty status for the (iv) The motor carrier or driver has 24-hour period, and total hours. tampered with or otherwise abused the (10) Truck or tractor and trailer automatic on-board recording device number. on any commercial motor vehicle. (11) Shipping document number(s), or [53 FR 38670, Sept. 30, 1988, as amended at 60 name of shipper and commodity. FR 38748, July 28, 1995; 68 FR 22516, Apr. 28, (c) Duty status categories. An EOBR 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, must use the following duty statuses: Apr. 5, 2010] (1) ‘‘Off duty’’ or ‘‘OFF’’. (2) ‘‘Sleeper berth’’ or ‘‘SB’’, to be § 395.16 Electronic on-board recording used only if sleeper berth is used. devices. (3) ‘‘Driving’’ or ‘‘D’’. (a) Applicability and authority to use. (4) ‘‘On-duty not driving’’ or ‘‘ON’’. This section applies to electronic on- (d) Duty status defaults. (1) An EOBR board recording devices (EOBRs) used must automatically record driving

501

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.16 49 CFR Ch. III (10–1–10 Edition)

time. If the CMV is being used as a per- to be displayed on the EOBR’s visual sonal conveyance, the driver must af- output device. firmatively enter an annotation before (4) For each change of duty status the CMV begins to move. (e.g., the place and time of reporting (2) When the CMV is stationary for 5 for work, starting to drive, on-duty not minutes or more, the EOBR must de- driving, and where released from fault to on-duty not driving, and the work), the name of the nearest city, driver must enter the proper duty sta- town, or village, with State abbrevia- tus. tion, must be recorded. (3) An EOBR must record the results (5) The EOBR must record location of power-on self-tests and diagnostic names using codes derived from sat- error codes. ellite or terrestrial sources, or a com- (e) Date and time. (1) The date and bination of these. The location codes time must be recorded on the EOBR must correspond, at a minimum, to output record as specified under para- ANSI INCITS 446–2008, ‘‘American Na- graph (i) of this section at each change tional Standard for Information Tech- of duty status, and at intervals of no nology—Identifying Attributes for greater than 60 minutes when the CMV Named Physical and Cultural Geo- is in motion. The date and time must graphic Features (Except Roads and be displayed on the EOBR’s visual out- Highways) of the United States, Its Territories, Outlying Areas, and Freely put device. Associated Areas and the Waters of the (2) The date and time must be ob- Same to the Limit of the Twelve-Mile tained, transmitted, and recorded in Statutory Zone (10/28/2008),’’ where such a way that it cannot be altered by ‘‘GNIS Feature Class’’ = ‘‘Populated a motor carrier, driver, or third party. Place’’ (incorporated by reference, see (3) The driver’s duty status record § 395.18). (For further information, see must be prepared, maintained, and sub- also the Geographic Names Information mitted using the time standard in ef- System (GNIS) at http:// fect at the driver’s home terminal, for geonames.usgs.gov/domestic/index.html). a 24-hour period beginning with the (g) Distance traveled. (1) Distance time specified by the motor carrier for traveled must use units of miles or kil- that driver’s home terminal. ometers driving during each on-duty (4) The time must be coordinated to driving period and total for each 24- UTC and the absolute deviation shall hour period for each driver operating not exceed 10 minutes at any time. the CMV. (f) Location. (1) Information used to (2) If the EOBR records units of dis- determine the location of the CMV tance in kilometers, it must provide a must be derived from a source not sub- means to display the equivalent dis- ject to alteration by the motor carrier tance in miles. or driver. (3) Distance traveled information ob- (2) The location description for the tained from a source internal to the duty status change, and for intervening CMV must be accurate to the distance intervals while the CMV is in motion, traveled as measured by the CMV’s must be sufficiently precise to enable odometer. Federal, State, and local enforcement (h) Review of information by driver. (1) personnel to quickly determine the ve- The EOBR must allow for the driver’s hicle’s geographic location on a stand- review of each day’s record before the ard map or road atlas. The term ‘‘suf- driver submits the record to the motor ficiently precise,’’ for purposes of this carrier. paragraph means the nearest city, (2) The driver must review the infor- town or village. mation contained in the EOBR record (3) When the CMV is in motion, loca- and affirmatively note the review be- tion and time must be recorded at in- fore submitting the record to the tervals no greater than 60 minutes. motor carrier. This recorded information must be ca- (3) The driver may annotate only pable of being made available in an non-driving-status periods and the use output file format as specified in ap- of a CMV as a personal conveyance as pendix A to this part, but does not need described in paragraph (d)(1) of this

502

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00512 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.16

section. The driver must electronically erence, see § 395.18) and additional spec- confirm his or her intention to make ifications in appendix A, paragraph 2.2 any annotations. The annotation must to this part. Wireless communication not overwrite the original record. information interchange methods must (4) If the driver makes a written comply with the requirements of the entry on a hardcopy output of an EOBR 802.11g–2003 standard as defined in the relating to his or her duty status, the 802.11–2007 base standard ‘‘IEEE Stand- entries must be legible and in the driv- ard for Information Technology—Tele- er’s own handwriting. communications and information ex- (i) Information reporting requirements. change between systems—Local and (1) An EOBR must make it possible for metropolitan area networks—Specific authorized Federal, State, or local offi- requirements: Part 11: Wireless LAN cials to immediately check the status Medium Access Control (MAC) and of a driver’s hours of service. Physical Layer (PHY) Specifications’’ (2) An EOBR must produce, upon de- (IEEE Std. 802.11–2007) (incorporated by mand, a driver’s hours-of-service record reference, see § 395.18), or CMRS. in either electronic or printed form. It must also produce a digital file in the (6) Support systems used in conjunc- format described in appendix A to this tion with EOBRs at a driver’s home part. The record must show the time terminal or the motor carrier’s prin- and sequence of duty status changes in- cipal place of business must be capable cluding the driver’s starting time at of providing authorized Federal, State, the beginning of each day. As an alter- or local officials with summaries of an native, the EOBR must be able to pro- individual driver’s hours of service vide a driver’s hours-of-service record records, including the information as described in paragraph (i)(6) of this specified in § 395.8(d). The support sys- section. tems must also provide information (3) This information may be used in concerning on-board system sensor conjunction with handwritten or print- failures and identification of amended ed records of duty status for the pre- and edited data. Support systems must vious 7 days. provide a file in the format specified in (4) Hours-of-service information must appendix A to this part. The system be made accessible to authorized Fed- must also be able to produce a copy of eral, State, or local safety assurance files on portable storage media (CD– officials for their review without re- RW, USB 2.0 drive) upon request of au- quiring the official to enter in or upon thorized safety assurance officials. The the CMV. The output record must con- support system may be maintained by form to the file format specified in ap- a third-party service provider on behalf pendix A to this part. of the motor carrier. (5) The driver must have in his or her (j) Driver identification. For the driver possession records of duty status for to log into the EOBR, the EOBR must the previous 7 consecutive days avail- require the driver to enter information able for inspection while on duty. (such as a user ID and password) that These records must consist of informa- identifies the driver or to provide other tion stored in and retrievable from the information (such as smart cards, bio- EOBR, handwritten records, records metrics) that identifies the driver. available from motor carriers’ support systems, other printed records, or any (k) Availability of records of duty sta- combination of these. Electronic tus. (1) An EOBR must be capable of records must be capable of one-way producing duty status records for the transfer through wired and wireless current day and the previous 7 days methods to portable computers used by from either the information stored in roadside safety assurance officials and and retrievable from the EOBR or must provide files in the format speci- motor carrier support system records, fied in Appendix A to this part. Wired or any combination of these. communication information inter- (2) If an EOBR fails, the driver must change methods must comply with the do the following: ‘‘Universal Serial Bus Specification (i) Note the failure of the EOBR and (Revision 2.0) incorporated by ref- inform the motor carrier within 2 days.

503

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.16 49 CFR Ch. III (10–1–10 Edition)

(ii) Reconstruct the record of duty (2) The driver’s total hours of driving status for the current day and the pre- during each driving period and the cur- vious 7 days, less any days for which rent duty day. the driver has records. (3) The total hours on duty for the (iii) Continue to prepare a hand- current duty day. written record of all subsequent duty (4) Total miles or kilometers of driv- status until the device is again oper- ing during each driving period and the ational. current duty day. (iv) A brief (less than 5 minute) loss (5) Total hours on duty and driving of connectivity between the EOBR and time for the prior 7-consecutive-day pe- a location-tracking system or the riod, including the current duty day. motor carriers’ support system is not (6) Total hours on duty and driving considered an EOBR failure for the pur- time for the prior 8-consecutive-day pe- pose of this section. riod, including the current duty day. (l) On-board information. Each com- (7) The sequence of duty status for mercial motor vehicle must have on- each day, and the time of day and loca- board the commercial motor vehicle an tion for each change of duty status, for information packet containing the fol- each driver using the device. lowing items: (8) EOBR serial number or other (1) An instruction sheet describing identification, and identification num- how data may be stored and retrieved ber(s) of vehicle(s) operated that day. from the EOBR. (9) Remarks, including fueling, (2) A supply of blank driver’s records waypoints, loading and unloading of duty status graph-grids sufficient to times, unusual situations, or viola- record the driver’s duty status and tions. other related information for the dura- (10) Driver’s override of an auto- tion of the current trip. mated duty status change to driving if (m) Submission of driver’s record of using the vehicle for personal convey- duty status. (1) The driver must submit ance or for yard movement. electronically, to the employing motor (11) The EOBR may record other data carrier, each record of the driver’s duty as the motor carrier deems appro- status. priate, including the date and time of (2) For motor carriers not subject to crossing a State line for purposes of the remedies provisions of part 385 sub- fuel-tax reporting. part J of this chapter, each record (o) Performance of recorders. A motor must be submitted within 13 days of its carrier that uses an EOBR for record- completion. ing a driver’s records of duty status in- (3) For motor carriers subject to the stead of the handwritten record must remedies provisions of part 385 subpart ensure the EOBR meets the following J of this chapter, each record must be requirements: submitted within 3 days of its comple- (1) The EOBR must permit the driver tion. to enter information into the EOBR (4) The driver must review and verify only when the commercial motor vehi- that all entries are accurate prior to cle is at rest. submission to the employing motor (2) The EOBR and associated support carrier. systems must not permit alteration or (5) The submission of the record of erasure of the original information col- duty status certifies that all entries lected concerning the driver’s hours of made by the driver are true and cor- service, or alteration of the source data rect. streams used to provide that informa- (n) EOBR display requirements. An tion. EOBR must have the capability of dis- (3) The EOBR must be able to per- playing all of the following informa- form a power-on self-test, as well as a tion: self-test at any point upon request of (1) The driver’s name and EOBR login an authorized safety assurance official. ID number on all EOBR records associ- The EOBR must provide an audible and ated with that driver, including records visible signal as to its functional sta- in which the driver serves as a co-driv- tus. It must record the outcome of the er. self-test and its functional status as a

504

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.18

diagnostic event record in conformance to provide that information, or infor- with appendix A to this part. mation contained in its EOBR support (4) The EOBR must provide an audi- systems that use the original informa- ble and visible signal to the driver at tion and source data streams. least 30 minutes in advance of reaching (2) The motor carrier must ensure the driving time limit and the on-duty the EOBR is calibrated, maintained, limit for the 24-hour period. and recalibrated in accordance with (5) The EOBR must be able to track the manufacturer’s specifications; the total weekly on-duty and driving hours motor carrier must retain records of over a 7- or 8-day consecutive period. these activities. The EOBR must be able to warn a driv- (3) The motor carrier’s drivers and er at least 30 minutes in advance of other personnel reviewing and using reaching the weekly duty-/driving-hour EOBRs and the information derived limitation. from them must be adequately trained (6) The EOBR must warn the driver regarding the proper operation of the via an audible and visible signal that device. the device has ceased to function. (4) The motor carrier must maintain ‘‘Ceasing to function’’ for the purpose a second copy (back-up copy) of the of this paragraph does not include brief electronic hours-of-service files, by losses of communications signals dur- month, on a physical device different ing such time as, but not limited to, from that on which the original data when the vehicle is traveling through a are stored. tunnel. (5) The motor carrier must review (7) The EOBR must record a code cor- the EOBR records of its drivers for responding to the reason it has ceased compliance with part 395. to function and the date and time of (6) If the motor carrier receives or that event. discovers information concerning the (8) The audible signal must be capa- failure of an EOBR, the carrier must ble of being heard and discerned by the document the failure in the hours-of- driver when seated in the normal driv- service record for that driver. ing position, whether the CMV is in (q) Manufacturer’s self-certification. (1) motion or parked with the engine oper- The EOBR and EOBR support systems ating. The visual signal must be visible must be certified by the manufacturer to the driver when the driver is seated as evidence that they have been suffi- in the normal driving position. ciently tested to meet the require- (9) The EOBR must be capable of re- ments of § 395.16 and appendix A to this cording separately each driver’s duty part under the conditions in which status when there is a multiple-driver they would be used. operation. (2) The exterior faceplate of the (10) The EOBR device/system must EOBR must be marked by the manufac- identify sensor failures and edited and turer with the text ‘‘USDOT–EOBR’’ as annotated data when downloaded or re- evidence that the device has been test- produced in printed form. ed and certified as meeting the per- (11) The EOBR device/system must formance requirements of § 395.16 and identify annotations made to all appendix A to this part. records, the date and time the annota- [75 FR 17245, Apr. 5, 2010] tions were made, and the identity of the person making them. § 395.18 Matter incorporated by ref- (12) If a driver or any other person erence. annotates a record in an EOBR or an (a) Incorporation by reference. Certain EOBR support system, the annotation materials are incorporated by ref- must not overwrite the original con- erence in part 395, with the approval of tents of the record. the Director of the Federal Register (p) Motor carrier requirements. (1) The under 5 U.S.C. 552(a), and 1 CFR part 51. motor carrier must not alter or erase, For materials subject to change, only or permit or require alteration or era- the specific version approved by the Di- sure of, the original information col- rector of the Office of the Federal Reg- lected concerning the driver’s hours of ister and specified in the regulation is service, the source data streams used incorporated. To enforce any edition

505

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00515 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Pt. 395, App. A 49 CFR Ch. III (10–1–10 Edition)

other than that specified in this sec- http://webstore.ansi.org; telephone is tion, the Federal Motor Carrier Safety (212) 642–4900. Administration must publish notice of (1) ‘‘ANSI INCITS 446–2008, American change in the FEDERAL REGISTER and National Standard for Information the material must be available to the Technology—Identifying Attributes for public. All of the approved material is Named Physical and Cultural Geo- available for inspection at the National graphic Features (Except Roads and Archives and Records Administration Highways) of the United States, Its (NARA). For information on the avail- Territories, Outlying Areas, and Freely ability of this material at NARA, call Associated Areas and the Waters of the 202–741–6030 or go to http:// Same to the Limit of the Twelve-Mile www.archives.gov/federal-register/cfr/ibr- Statutory Zone (10/28/2008),’’ (ANSI locations.html. Also, it is available for INCITS 446–2008). Incorporation by ref- inspection at the Federal Motor Car- erence approved for § 395.16(f); appendix rier Safety Administration, Office of A to part 395, paragraph 1.3, Table 2; Bus and Truck Standards and Oper- and appendix A to part 395, paragraph ations (MC–PS), 1200 New Jersey Ave., 3.1.1.3. (For further information, see SE., Washington, DC 20590–00001, (202) also the Geographic Names Information 366–4325, and is available from the System (GNIS) at http:// sources listed in paragraphs (b) and (c) geonames.usgs.gov/domestic/index.html. of this section. (b) Institute of Electrical and Electronic (2) [Reserved] Engineers (IEEE). 3 Park Avenue, New [75 FR 17248, Apr. 5, 2010] York, New York 10016–5997. Web page is http://www.ieee.org/web/publications/ APPENDIX A TO PART 395—ELECTRONIC home; telephone is (800) 678–4333. ON-BOARD RECORDER PERFORMANCE (1) ‘‘IEEE Standard for Information SPECIFICATIONS Technology—Telecommunications and information exchange between sys- 1. Data Elements Dictionary for Electronic On- tems—Local and metropolitan area Board Recorders (EOBRs) networks—Specific requirements: Part 1.1 To facilitate the electronic transfer of 11: Wireless LAN Medium Access Con- records to roadside inspection personnel and trol (MAC) and Physical Layer (PHY) compliance review personnel, and provide Specifications,’’ IEEE Computer Soci- the ability of various third-party and propri- ety, Sponsored by the LAN/MAN etary EOBR devices to be interoperable, a Standards Committee: June 12, 2007 consistent electronic file format and record (IEEE Std. 802.11–2007). Incorporation layout for the electronic RODS data to be re- corded are necessary. This EOBR data ele- by reference approved for § 395.16(i); and ments dictionary provides a standardized appendix A to part 395, paragraph 2.3. and consistent format for EOBR output data. (2) [Reserved] (c) Universal Serial Bus Implementers EOBR Data File Format Forum (USBIF). 3855 SW. 153rd Drive, 1.2 Regardless of the particular electronic Beaverton, Oregon 97006. Web page is file type (such as ASCII or XML) ultimately http://www.usb.org; telephone is (503) used for recording the electronic RODS pro- 619–0426. duced by an EOBR, RODS data must be re- (1) ‘‘Universal Serial Bus Specifica- corded according to a ‘‘flat file’’ database tion,’’ Compaq, Hewlett-Packard, Intel, model format. A flat file is a simple database Lucent, Microsoft, NEC, Philips; April in which all information is stored in a plain 27, 2000 (Revision 2.0). Incorporation by text format with one database ‘‘record’’ per reference approved for § 395.16(i) and line. Each of these data records is divided into ‘‘fields’’ using delimiters (as in a Appendix A to part 395, paragraph 2.2. comma-separate-values data file) or based on (2) [Reserved] fixed column positions. Table 1 below pre- (d) American National Standards Insti- sents the general concept of a flat data file tute (ANSI). 11 West 42nd Street, New consisting of data ‘‘fields’’ (columns) and York, New York 10036. Web page is data ‘‘records’’ (rows).

506

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00516 Fmt 8010 Sfmt 8002 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT Pt. 395, App. A

1.3 The data elements dictionary de- record must be recorded and noted as ‘‘cur- scribes the data fields component of the rent’’ in the ‘‘Event Status Code’’ data field, above framework. Individual data records with the original record maintained in its must be generated and recorded whenever unedited form and noted as ‘‘historical’’ in there is a change in driver duty status, an the ‘‘Event Status Code’’ data field. The EOBR diagnostic event (such as power-on/off, EOBR Data Elements Dictionary is described self test, etc.), or when one or more data in Table 2. The event codes are listed in fields of an existing data record are later Table 3. amended. In the last case, the corrected

TABLE 2—EOBR DATA ELEMENTS DICTIONARY

Data element Data element definition Type Length Valid values and notes

Driver Identification Data

Driver First Name First name of the driver ...... A ...... 35 See Note 1. Driver Last Name Last name, family name, or surname of the A ...... 35 See Note 1. driver. Driver PIN/ID ...... Numeric identification number assigned to a A ...... 40 driver by the motor carrier.

Vehicle Identification Data

Tractor Number .... Motor carrier assigned identification number A ...... 10 for tractor unit. Trailer Number ..... Motor carrier assigned identification number A ...... 10 for trailer. Tractor VIN Num- Unique vehicle ID number assigned by man- A ...... 17 ber. ufacturer according to US DOT regulations.

Co-Driver Data

Co-Driver First First name of the co-driver ...... A ...... 35 See Note 1. Name. Co-Driver Last Last name, family name or surname of the A ...... 35 See Note 1. Name. co-driver. Co-Driver ID ...... Numeric identification number assigned to a A ...... 40 driver by the motor carrier.

507

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00517 Fmt 8010 Sfmt 8002 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR ER05AP10.000 Pt. 395, App. A 49 CFR Ch. III (10–1–10 Edition)

TABLE 2—EOBR DATA ELEMENTS DICTIONARY—Continued

Data element Data element definition Type Length Valid values and notes

Company Identification Data

Carrier USDOT USDOT Number of the motor carrier as- N ...... 8 Number. signed by FMCSA. Carrier Name ...... Name or trade name of the motor carrier A ...... 120 company appearing on the Form MCS– 150.

Shipment Data

Shipping Docu- Shipping document number ...... A ...... 40 ment Number.

Event Data

Event Sequence A serial identifier for an event that is unique N ...... 4 0001 through 9999. ID. to a particular vehicle and a particular day. Event Status Code Character codes for the four driver duty sta- A ...... 3 OFF = Off Duty tus change events, State border crossing SB = Sleeper Berth event, and diagnostic events. D = On Duty Driving ON = On Duty Not Driving DG = Diagnostic. Event Date ...... The date when an event occurred ...... N (Date) ...... 8 UTC (universal time) rec- ommended. Format: YYYYMMDD. Event Time ...... The time when an event occurred ...... N (Time) ...... 6 UTC (universal time) rec- ommended. Format: HHMMSS (hours, minutes, seconds). Event Latitude ...... Latitude of a location where an event oc- N ...... 2,6 Decimal format: XX.XXXXXX. curred. Event Longitude ... Longitude of a location where an event oc- N ...... 3,6 Decimal format: curred. XXX.XXXXXX. Place Name ...... The location codes must correspond, at a N ...... 5 Unique within a FIPS state minimum, to ANSI INCITS 446–2008, code. Lookup list derived ‘‘American National Standard for Informa- from GNIS. tion Technology—Identifying Attributes for Named Physical and Cultural Geographic Features (Except Roads and Highways) of the United States, Its Territories, Outlying Areas, and Freely Associated Areas and the Waters of the Same to the Limit of the Twelve-Mile Statutory Zone (10/28/2008),’’ where ‘‘GNIS Feature Class’’ = ‘‘Populated Place’’ (incorporated by reference, see § 395.18). (For further information, see also the Geographic Names Information System (GNIS) at http:// geonames.usgs.gov/domestic/index.html. Place Distance Distance in miles to nearest populated place N ...... 4 Miles. from the location where an event occurred. Total Vehicle Miles Total vehicle miles (as noted on vehicle N ...... 7 With total vehicle mileage re- odometer or as measured by any other corded at the time of each compliant means such as vehicle location event, vehicle miles trav- system, etc.). eled while driving, etc., can be computed. Event Update Sta- A status of an event, either Current (the A ...... 1 C = Current, H = Historical. tus Code. most up-to-date update or edit) or Histor- ical (the original record if the record has subsequently been updated or edited). Diagnostic Event For diagnostic events (events where the A ...... 2 (See Table 3). Code. ‘‘Event Status Code’’ is noted as ‘‘DG’’), records the type of diagnostic performed (e.g., power-on, self test, power-off, etc.). Event Error Code Error code associated with an event ...... A ...... 2 (See Table 3). Event Update Date The date when an event record was last up- N (Date) ...... 8 UTC (universal time) rec- dated or edited. ommended. Format: YYYYMMDD. Event Update Then time when an event record was last N (Time) ...... 6 UTC (universal time) rec- Time. updated or edited. ommended. Format: HHMMSS (hours, minutes, seconds).

508

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00518 Fmt 8010 Sfmt 8002 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT Pt. 395, App. A

TABLE 2—EOBR DATA ELEMENTS DICTIONARY—Continued

Data element Data element definition Type Length Valid values and notes

Event Update Per- An identifier of the person who last updated A ...... 40 son ID. or edited a record. Event Update Text A textual note related to the most recent A ...... 60 Brief narrative regarding rea- record update or edit. son for record update or edit.

NOTE 1: This element must not be included in the records downloaded from an EOBR or support system at roadside.

TABLE 3—EOBR DIAGNOSTIC EVENT CODES

Brief Code class Code description Full description

General System Diagnostic ...... PWRlON ...... Power on ...... EOBR initial power-on. General System Diagnostic ...... PWROFF ...... Power off ...... EOBR power-off. General System Diagnostic ...... TESTOK ...... test okay ...... EOBR self test successful. General System Diagnostic ...... SERVIC ...... Service ...... EOBR Malfunction (return unit to fac- tory for servicing). General System Diagnostic ...... MEMERR ...... memory error ...... System memory error. General System Diagnostic ...... LOWVLT ...... Low voltage ...... Low system supply voltage. General System Diagnostic ...... BATLOW ...... battery low ...... Internal system battery backup low. General System Diagnostic ...... CLKERR ...... clock error ...... EOBR system clock error (clock not set or defective). General System Diagnostic ...... BYPASS ...... Bypass ...... EOBR system bypassed (RODS data not collected). Data Storage Diagnostic ...... INTFUL ...... internal memory full Internal storage memory full (requires download or transfer to external stor- age). Data Storage Diagnostic ...... DATACC ...... Data accepted ...... System accepted driver data entry. Data Storage Diagnostic ...... EXTFUL ...... external memory External memory full (smartcard or full. other external data storage device full). Data Storage Diagnostic ...... EXTERR ...... external data ac- Access external storage device failed. cess error. Data Storage Diagnostic ...... DLOADY ...... download yes ...... EOBR data download successful. Data Storage Diagnostic ...... DLOADN ...... download no ...... Data download rejected (unauthorized request/wrong Password). Driver Identification Issue ...... NODRID ...... no driver ID ...... No driver information in system and ve- hicle is in motion. Driver Identification Issue ...... PINERR ...... PIN error ...... Driver PIN/identification number invalid. Driver Identification Issue ...... DRIDRD ...... Driver ID read ...... Driver information successfully read from external storage device (trans- ferred to EOBR). Peripheral Device Issue ...... DPYERR ...... display error ...... EOBR display malfunction. Peripheral Device Issue ...... KEYERR ...... keyboard error ...... EOBR keyboard/input device malfunc- tion. External Sensor Issue ...... NOLTLN ...... no latitude lon- No latitude and longitude from posi- gitude. tioning sensor. External Sensor Issue ...... NOTSYC ...... no time synchroni- Unable to synchronize with external zation. time reference input. External Sensor Issue ...... COMERR ...... communications Unable to communicate with external error. data link (to home office or wireless service provider). External Sensor Issue ...... NOlECM ...... no ECM data ...... No sensory information received from vehicle’s Engine Control Module (ECM). External Sensor Issue ...... ECMlID ...... ECM ID number ECM identification/serial number mis- mismatch. match (with preprogrammed informa- tion).

509

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00519 Fmt 8010 Sfmt 8002 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Pt. 396 49 CFR Ch. III (10–1–10 Edition)

2. Communications Standards for the Trans- 3.1.2.2 If the EOBR records units of dis- mittal of Data Files From Electronic On- tance in kilometers, it must provide a means Board Recorders (EOBRs) to display the equivalent distance in English units. 2.1 EOBRs must produce and store RODS 3.1.2.3 If the EOBR obtains distance-trav- in accordance with the file format specified in this Appendix and must be capable of a eled information from a source internal to one-way transfer of these records through the CMV, the information must be accurate wired and wireless methods to authorized to the CMV’s odometer. 3.1.3 Date and time safety officials upon request. 2.2 Wired. EOBRs must be capable of 3.1.3.1 The date and time must be reported transferring RODS using the ‘‘Universal Se- on the EOBR output record and display for rial Bus Specification (Revision 2.0)’’ (incor- each change of duty status and at such addi- porated by reference, see § 395.18). Each tional entries as specified under ‘‘Location.’’ 3.1.3.2 The date and time must be ob- EOBR device must implement a single USB tained, transmitted, and recorded in such a compliant interface featuring a Type A con- way that it cannot be altered by a motor nector. The USB interface must implement carrier or driver. the Mass Storage class (08h) for driverless 3.1.3.3 The time must be coordinated to operation. 2.3 Wireless. EOBRs must be capable of the Universal Time Clock (UTC) and must transferring RODS using one of the following not drift more than 60 seconds per month. 3.1.4 File format and communication pro- wireless standards: 2.3.1 802.11g–2003 standard as defined in tocols: The EOBR must produce and transfer the 802.11–2007 base standard for wireless a RODS file in the format and communica- communication ‘‘IEEE Standard for Infor- tion methods specified in sections 1.0 and 2.0 mation Technology—Telecommunications of this Appendix. and information exchange between systems— 3.1.5 Environment 3.1.5.1 [Reserved] Local and metropolitan area networks—Spe- 3.1.5.2 Vibration and shock—The EOBR cific requirements: Part 11: Wireless LAN must meet industry standards for vibration Medium Access Control (MAC) and Physical stability and for preventing electrical shocks Layer (PHY) Specifications’’ (IEEE Std. to device operators. 802.11–2007) (incorporated by reference, see 3.2 The EOBR and EOBR support systems § 395.18). must be certified by the manufacturer as evi- 2.3.2 Commercial Mobile Radio Services dence that their design has been sufficiently (e.g., cellular). tested to meet the requirements of § 395.16 3. Certification of EOBRs To Assess Conformity under the conditions in which they would be With FMCSA Standards used. 3.3 The exterior faceplate of EOBRs must 3.1 The following outcome-based perform- be marked by the manufacturer with the ance requirements must be included in the text ’USDOT–EOBR’ as evidence that the de- self-certification testing conducted by EOBR vice has been tested and certified as meeting manufacturers: the performance requirements of § 395.16. 3.1.1 Location 3.1.1.1 The location description for the [75 FR 17248, Apr. 5, 2010, as amended at 75 duty status change must be sufficiently pre- FR 55491, Sept. 13, 2010] cise to enable enforcement personnel to quickly determine the vehicle’s geographic PART 396—INSPECTION, REPAIR, location at each change of duty status on a standard map or road atlas. AND MAINTENANCE 3.1.1.2 When the CMV is in motion, loca- tion and time must be recorded at intervals Sec. of no greater than 60 minutes. This recorded 396.1 Scope. information must be available for an audit of 396.3 Inspection, repair, and maintenance. EOBR data, but is not required to be dis- 396.5 Lubrication. played on the EOBR’s visual output device. 396.7 Unsafe operations forbidden. 3.1.1.3 Location codes derived from sat- 396.9 Inspection of motor vehicles in oper- ellite or terrestrial sources, or a combina- ation. tion thereof must be used. The location 396.11 Inspection of motor vehicles in oper- codes must correspond, at minimum, to the ation. GNIS maintained by the United States Geo- 396.12 Procedures for intermodal equipment logical Survey. providers to accept reports required by 3.1.2 Distance traveled § 390.42(b) of this chapter. 3.1.2.1 Distance traveled may use units of 396.13 Driver inspection. miles or kilometers driving during each on- 396.15 Driveaway-towaway operations and duty driving period and total for each 24- inspections. hour period for each driver operating the 396.17 Periodic inspection. CMV. 396.19 Inspector qualifications.

510

VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00520 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR