Luxury Coach & Transportation

March 2019

Magazine for the professional limousine, charter and tour industry.

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24 LUXURY COACH & TRANSPORTATION MARCH 2019 WWW.LCTMAG.COM MOTORCOACH: REGUL ATIONS to the bus at a certain time, they can log off-duty the entire time they are away from the bus. Remember, this answer pertains to the ELD side. ey're off-duty. Don't take that as a direction of employment. Check with employment law. The Mandate • Initial Compliance Date: Dec. 18, 2017 • Full Compliance Date: Dec. 16, 2019 ELD is a three-stage process. Stage one went away on Dec. 18, 2017. at was logging software where a driver could enter logged times, and the device did not attach to the engine collecting data. We're now in stage two of ELD compliance. You can use an automatic onboarding recording device or an elec- tronic logging device up until Dec.16 at which time you must be in stage three: Full electronic log device compliance. Also, a note: If you are AOBRD and you add a bus, it MUST be ELD. You can replace a bus and remain in AOBRD, but you can't add one, two, or three buses. AOBRD vs. ELD: What's the difference? • AOBRD — Display only • ELD — Electronic display or printout always required Two options for data transfer: • Telematics: Web address and/or email • Local: USB or Bluetooth Supporting Documents If your ELD cannot transfer the logs electronically from your vehicle to the roadside inspector, you have an AOBRD. Make sure your drivers know that. Take your label maker out and put on the screen AOBRD if you have one. If an inspector asks your driver what you have, and he tells them ELD because you told him you have one, nothing will work. You are also required to have documents on board as to how your device operates. So if you have AOBRD, you will need a driver instruction sheet, a DOT instruction sheet, and then always a supply of paper logs for the time the vehicle may be dispatched on that trip. When you have an ELD, you need a driver instruction, malfunction, and a data transfer sheet along with a supply of logs. If you are unsure what you have, contact your vendor because you don't want your drivers to get in A: at depends on how often the driver is required to log. So if he can use the short-haul exception, he still has hours of service rules to follow. He must still do all work within 12 hours. So, if he starts at 7 a.m., he must be released from work at 7 p.m. ose are con- secutive hours. ere is no extension. He must begin and end his day at the same location and stay within that 100-air-mile radius. From his normal work reporting location, likely your terminal, he can go 100 miles in any direction and drive as many miles within that circle as desired. He does have hours to follow, and must docu- ment that compliance, but doesn't have to document that compliance with a log or with an ELD. It can be done with a time record. But if the driver logs more than eight times in a rolling 30 days, he must use an ELD until going back underneath that threshold. Q: Can you explain off-duty time? Many companies don't understand the driver can be off duty, such as at a basketball game. A: e quick definition of on-duty is well defined in 395.2. But to get off-duty definition, you have to go to the second FMCSA interpretation of that section. It states the driver is free to pursue his own liberties, which is when the driver has been released from the duties of the vehicle passengers. Essentially, the driver can walk away from the vehicle. Now if the driver chooses to stay with the vehicle, he can still be off-duty, but must be free to walk away. He can't sit in the driver's seat. Q: I do a lot of football shuttles, and my drivers go watch the football game. e way we are right now, they're not on the clock during that time. Is that allowed? A: at's absolutely allowed. Your drivers are free to pursue activities. Now if you require them to watch the game, then they are not free to pursue activities. ey must stay on duty NOT driving. But if they are free to watch the game and you tell them to return secutive hours. A driver can work 60 hours in seven days or 70 hours in eight days depending on how your operation is set up. If you run buses or limousines daily, you can use 70 hours in eight days, otherwise you must use 60 hours in seven days. e math really turns out to be about the same — about 8.5 hours per day, but of course it's a little bit more flexible to use 70 hours in eight days. A driver can work beyond any of those limits. ey just cannot operate a commercial motor vehicle, which means they can't drive your limousine or a bus. Remember, if you employ part-time drivers and they are compensated for work at another job, that driver must account for the hours they work there. For example, if an employee earns an income from Walmart for eight hours of work, he must add those eight hours to his or her logs. ose hours will count towards the 15 hours on duty for that 24-hour period. Since the employ- ee has not driven a commercial motor vehicle in this example, he can drive for you, but not work more than seven hours on duty. Further Questions During our presentation, I asked Mc- Donal and Malchow some questions: Q: Companies have learned you are not required to have an ELD if you're in that 100-air-mile radius. But if you are and do a port or airport pickup or drop-off, that's considered interstate business. Must you have an ELD at that point? Mike McDonal from Saucon Technologies detailed some of the technical requirements of ELDs.

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