The Federal Motor Carrier Safety Administration (FMCSA) is clarifying that motor carriers have "the duty" to verify the accuracy of drivers' hours of service (HOS) and records of duty status (RODS), according to information published in the Federal Register November 3. In addition, the obligation extends to the HOS and RODS of independent drivers or owner-operators while driving for the motor carriers.
Motor carriers are to ensure each driver collects and submits to the employing motor carrier all supporting documents with the RODS, and ensure all motor carriers know of the requirement to maintain supporting documents in a method that allows cross reference to the RODS.
The supplemental notice of proposed rulemaking (49 CFR Parts 379, 381, 385, 390, and 395) also proposes a supporting document-based, self-monitoring system that would be the carriers' primary method for ensuring compliance with HOS regulations.
In recognition of developing technologies, the FMCSA proposes to permit the use of electronic documents as a supplement to, and in certain circumstances, in lieu of, paper supporting documents.
Comments on the proposal must be received by January 3, 2005. For more information, click here for the notice in the Federal Register.