ELD Preamble:

The advent of technology in the support of federal regulatory law is the law of the land. Your responsibility as a CMV driver and licensed operator of Commercial Vehicles requires you to adhere to the laws in effect. Failure to follow the rules of the ELD mandate is a violation of federal law, and our company policy is based on the federal requirements of the law. Failure to follow the law will affect the operational authority of of the employer, failure to follow the law may subject you to immediate termination.

If you fail to follow the law, and fail to follow company policy which is established to be in compliance with federal law, you may be subjected to reporting requirements which could affect your ability to retain your Commercial Drivers License, and could be documented on the Federal Database for Commercial Vehicle Operators. We do not take this requirement lightly, nor should you. As an employer, and an employee, we each could lose our license to operate in this country. We cannot allow you to jeopardize our operational authority, so please, follow the law and the protocol to ensure we all continue to  conduct business as usual.

Technology Policy covering tampering, abuse, discipline, distraction, use while moving, etc

Driver/Employee shall not abuse, tamper with, modify, disconnect or otherwise interact with he ELD devices aside from utilizing the keyboard human interface controls provided and intended by the manufacturer of the device.

All ELD devices are designed to prevent manipulation while the vehicle is in motion, any attempt to utilize the ELD device while in motion is considered distracted driving and is prohibited.

Failure to follow the ELD operational requirements will result in distinct disciplinary protocol. This protocol may vary from typical company policy, and variation from typical company policy will be substantiated by the severity of the action defined, IE Tampering, abuse, modification, disconnection, damage or distracted driving. The protocol for this type of activity and violation may include up to immediate termination of employment.

Distracted driving and damage to federally regulated company equipment is a serious offense and may require reporting to federal regulatory organizations, and possible loss of CDL privileges.

Tickets, Citations and Other Penalties

Tickets and citations of any type are the responsibility of the operator of the equipment at all times. Company policy does not allow for the acceptance of responsibility for illegal operation of assigned equipment. Any fines associated with the actual vehicle, attributed to your operational negligence,  will be deducted from your pay or gratuity check should you fail to pay the associated penalty that you incurred while driving company equipment, at any time.

Speed Policy

Speed and distance are tracked via GPS, distance and time calculations will allow law enforcement officers to determine the speed travelled between points, and thereby determine if the driver of a vehicle exceeded the posted speed limit. If you are found, through any means (audit of GPS data) to have been speeding, you will be held accountable for your actions by being held personally responsible both legally and financially.

Our Safety Culture reinforces the reduction of risk to increase levels of safety, please make sure that you do not speed at any time while operating a company vehicle. Additionally, the recognized speed limit for company owned equipment is:

• State of Oregon: That which is considered a truck or CMV, posted as such
• State of Washington: The State of Washington recognizes Buses as Trucks, adhere to truck posted speed
• Other States or when in doubt: Follow the lower of the posted speed limits for trucks.

Relief Driver Policy

How must a Commercial Motor Vehicle CMV driver driving a non-Commercial Motor Vehicle CMV at the direction of a motor carrier record this time?

If Commercial Motor Vehicle CMV drivers operate motor vehicles with Gross Vehicle Weight Rating (GVWR)s of 10,000 pounds or less at the direction of a motor carrier, the Federal Highway Administration (FHWA) requires those drivers to maintain records of duty status and record such time operating as on-duty (not driving).

Examples:

Dead Head On Cushion

Any vehicle under 10,000 lbs GVW (Gross Vehicle Weight) is not considered a CMV (Cars, mini-vans, and small trucks or SUVs typically fall into this category) and shall not be subject to regular HOS conditions.

When traveling in a Non-CMV as a relief driver to MEET the current driver to provide relief, you must be logged as OFF DUTY NOT DRIVING provided you are not driving and are not responsible (at any point in the trip)  for the operation of the transport vehicle.

When traveling in a Non-CMV  as a relief driver to MEET the current driver to provide relief, you must be logged as ON DUTY NOT DRIVING provided you are not driving and are responsible (at any point in the trip)  for the operation of the transport vehicle.

When traveling in a Non-CMV  as a relief driver to MEET the current driver to provide relief, you must be logged as ON DUTY DRIVING provided you are driving and are responsible (at any point in the trip)  for the operation of the transport vehicle.

Any vehicle over 10,000 lbs GVW (Gross Vehicle Weight) shall be considered a CMV (Sprinter vans, Ford Transit Vans, and any vehicle of this weight class used for commerce) shall be considered a CMV and will be subject to regular HOS conditions.

When traveling in a CMV as a relief driver to MEET the current driver to provide relief, you must be logged as ON DUTY NOT DRIVING provided you are not driving and are not responsible (at any point in the trip) for the operation of the transport vehicle.

When traveling in a CMV  as a relief driver to MEET the current driver to provide relief, you must be logged as ON DUTY NOT DRIVING provided you are not driving and are responsible (at any point in the trip)  for the operation of the transport vehicle.

When traveling in a CMV as a relief driver to MEET the current driver to provide relief, you must be logged as ON DUTY DRIVING provided you are driving and are responsible (at any point in the trip) for the operation of the transport vehicle.

ELD Malfunction Policy, driver reporting, maintenance responsibility

If you are operating a company owned vehicle and the company provided equipment is not functioning as required, you are responsible to complete PAPER LOGS to provide the required details and information related to your driving and duty statuses. Part of your pre-trip inspection procedure will be to ensure that you have PAPER LOGS available as needed for electronic ELD failure situations.

Failure to provide logging information as required will not be tolerated, and failure to provide required login information may be grounds for immediate termination and the motor carrier (employer) may be required to report this failure to the FMCSA which may affect your CDL driving privileges.

 

Comments or corrections are appreciated.