2208_TTJM_AllPages

SAFETY
series
wait until the hours fall under the
limit or take a 34-hour restart to
reset those hours at zero before
driving again.
It’s important to note that the
14-hour rule and the 60 in seven
and 70 in eight rules do not prohibit
working beyond the set limits.
The rules prohibit driving until
the requirements are met, but nondriving
work, such as loading or
unloading, isn’t restricted. Drivers
can work as many hours as they
like, as long as no driving is done
until the driver has had 10 hours
off-duty or in the sleeper berth or
the total hours fall below 60 or 70,
depending on the rule used.
The adverse weather provision
is often misunderstood and misused.
In order for a driver to drive
extra hours under the rule, the circumstances causing
the adverse conditions cannot have been reasonably
known before the driving period began. For example,
predicted rain can result in flooding over the roadway,
or in certain conditions can quickly turn to snow and
ice. An argument that those conditions could not have
been reasonably known might be a solid one. However,
if weather reports predicted freezing precipitation for
several days, it becomes harder to argue that the driver
couldn’t have known the roads would be bad.
In another example, a traffic jam caused by an accident
can’t be known beforehand ‏— but claiming adverse
driving conditions because of rush hour in a large
city might not work as well.
There are also specific regulations that govern ELDs.
The first is that the device used must be registered with
the FMCSA. That’s a process that begins with the manufacturer
following the necessary registration steps, including
a “self-certification” that the ELD meets all the
requirements.
The carrier must verify that the device is registered;
if the carrier is a one-truck owner-operator business, the
owner/driver has the responsibility. Registration can
be done online at eld.fmcsa.dot.gov/list. The page includes
a list of more than 800 registered devices and
also includes a link to a list of devices for which the
registration has been revoked.
Also, it’s helpful to make sure the most current version
of the ELD software is being used. Check with the
manufacturer for updates.
There may be a current problem with ELDs that
depend on cellular networks to transmit data. The 3G
network has been retired by every major carrier except
Verizon, and even that one will be retired in December.
Owners of ELDs that depend on the Verizon network
should make sure their devices will operate on 4G or
5G networks.
Smaller cellphone carriers such as Cricket, Pure Talk
or Consumer Cellular contract to use the networks
of larger carriers, so a phone-based ELD that works
through another carrier could still use the Verizon
network.
There are rules that govern ELD capabilities, too. The
device must be able to transfer the driver’s record-ofduty
status (RODS) electronically to an inspector during
a stop, confirm successful transmission and allow the
safety official to enter a comment.
During an inspection, some officials will be satisfied
with looking at the driver’s record on the screen of the
ELD, but many will want either a printout or a copy of
the record. This can be accomplished in several ways.
The safety official can connect via Wi-Fi or Bluetooth,
or the ELD system can transmit via fax or email. Another
option is to record the data on a thumb drive that
the official inserts into his or her own device.
Instructions for operating the ELD, and for transmitting
data must be carried by the driver and provided to
the safety officer on demand. Often, written instructions
are included in the ELD program so that it isn’t necessary
to carry printed materials.
Knowing the provisions of the HOS rules and the
workings of the ELD that records them is a vital part of
any driver’s job.
10 THE TRUCKER JOBS MAGAZINE | AUGUST 2022 WWW.THETRUCKERJOBS.COM