Greg: ah.... maybe you missed the point.
1 - The states do not have to accept the rules and regs of the FMCSR or the DOT. For those who don't know, the states can reject some parts of the regulations and/or use them as guidelines. Many state select to use them directly while others don't. The last time I looked there are no court cases saying otherwise.
The United States Code (the laws of our land) requires the FMCSA, through the U.S. Department of Transportation to establish, maintain and enforce commercial motor carrier regulations. These regulations are required by law and are contained in the Code of Federal Regulations. Everyone defined in a regulation must comply, and that includes Michigan or other State law enforcement officers. A State Government may enact stricter legislation, but they may not reject any part of a Federal Regulation, unless the regulation allows such a rejection. The regulations in the CFR are not guidelines, they have the effect of law.
2 - The officer can at his discretion ask for paper logs, I have had 5 of them tell me this when I asked the question about electronic logs. One pointed out (NY) that it is the driver's responsibility to maintain the logs, not the carriers, and if I the driver can't produce the log, it is a violation.
The officer can ask for paper logs but a driver using an electronic driver logging system that meets all the requirements of the CFR and has been approved by the FMCSA is only required, by law, to produce an electronic display, or, if desired the LE Officer may require a faxed copy of the E-Log from the driver’s carrier.
This is a good place to mention that very few electronic systems have been approved by the FMCSA. Two such systems that meet the requirements are supplied by Qualcomm and DriverTech. One of the requirements is that the system must by tied into the trucks ECM via a J-Buss. If the truck is moving, the system requires a driver to be logged on. To have just a satellite signal to show a moving truck does not satisfy the regulations. Folks that are using software on their laptop that they procured from Wal-Mart or a truckstop are probably not satisfying the Federal Regulations and would be required to produce paper copies of their logs
3 - The regulation Terry does not circumvent the ultimate responsibility of the driver to maintain their logs, it is still their responsibility regardless what how the reg is interpreted.
No circumvention suggested. Compliance with the law is all that is necessary and in those cases where the law is specific, such as 49 CFR 395.15, some drivers my dispense with paper log and use only electronic logs.
4 - The officers responsibility or duty is not to figure out what your log is and how to get it, it is yours. His duty is to ensure that we run safely and legal. If this includes him asking for your log and sitting behind the desk, well so be it - it is a pain in the a** to deal with but what can you do.
Lacking a stricter State Law, an officers responsibility is to be aware of, accept and comply with Federal Regulations pertaining to this issue. Since this is the infancy of a new era, it would be wise for users of FMCSA approved E-Logs to carry copies of the regulation to help the officers understand the law. If they still brush you off, you could immediately call your carrier to convince the appropriate agency that their officer is impeding the free flow of interstate commerce.
5 - The real point is, a lot of this is still in a gray area when it comes to interpretation by different states and individuals. We can argue the point all day but when it matters is when that officer who asks for it tells you something and you tell him something he does not want to hear, it is you who are facing the issue and most likely alone. The company won't send out a staff of people to help you correct the situation and knowing that some of these companies lag with issues and rulings, it is less likely that they are on top of things, like the customs use of the inward manifest. Also just to throw this in, if you stand your ground and get ticketed, well it costs you, not the officer. See he does not work on commission and if he makes a mistake most of the time it is just that, a mistake on his part but the money you could lose just fighting it, let alone the time is not worth it to me. He may have a quota to fill, but that is something out of our control.
This seems to me to only be a grey area for those who want to make it so
Remember this, don't become dependent on technology to the point of laziness, many do and it gets them in trouble. Use the thing as a tool but keep your options open - advice given by the Arizona DOT
Finally, Use ‘the thing’ as a tool but keep your options open if you are using software or ‘the thing’ not specifically approved by the FMCSA. Authorized paperless logs is not technology for the lazy it is a system that is inevitable and it will promote safe driving and help driver logs to be completed efficiently and effectively.
I drive a cargo van and I am neither for nor against paper logs or paperless logs. I have an electronic logging system in my van and I don’t particularly like it. Some drivers, carriers and law enforcement officers will applaud the use of this system and some will hate it. Personal feelings will not enter into this issue when the Federal Government mandates its use as it does now with all the drivers in about 150 carriers that have a poor track record with logbook violations. The law enforcement officers in Michigan, New York and Arizona would best be served by reviewing the laws they are purporting to enforce.
Logging drivers should not rely on Greg’s opinion or my comments; read the law and satisfy yourselves.
