FMCSA Update
SPECIAL REPORT:
On November 19, 2008, the FMCSA rescinded a 1997 enforcement policy which contained some self-imposed constraints on the agency's access and use of electronic data/records for logbook compliance auditing during carrier compliance reviews. The practical effect of this policy change is that FMCSA investigators are likely to seek, on a more frequent basis, electronic records from GPS-based communication and fleet management systems during compliance reviews in order to audit hours-of-service compliance. The FMCSA has always had the authority to obtain and use electronic records during audits; however, the 1997 enforcement policy limited the circumstances under which they would be requested and used.
Effective December 19, 2008, the agency's self-imposed constraints are lifted.
Motor carriers utilizing GPS technology are advised to now include GPS data within their internal log auditing process to ensure compliance.
- Carla A. Hiatt (Cottingham & Butler)
