Sec. 395.8 Driver's record
of duty status.
(a) Except for a private motor carrier of passengers (nonbusiness),
every motor carrier shall require every driver used by the motor
carrier to record his/her duty status for each 24 hour period
using the methods prescribed in either paragraphs (a)(1) or (2)
of this section.
(1) Every driver who operates a commercial motor vehicle shall
record his/her duty status, in duplicate, for each 24-hour period.
The duty status time shall be recorded on a specified grid, as
shown in paragraph (g) of this section. The grid and the requirements
of paragraph (d) of this section may be combined with any company
forms. The previously approved format of the Daily Log, Form MCS-59
or the Multi-day Log, MCS-139 and 139A, which meets the requirements
of this section, may continue to be used.
(2) Every driver who operates a commercial motor vehicle shall
record his/her duty status by using an automatic on-board recording
device that meets the requirements of § 395.15 of this part.
The requirements of § 395.8 shall not apply, except paragraphs
(e) and (k) (1) and (2) of this section.
(b) The duty status shall be recorded as follows:
(1) "Off duty" or "OFF."
(2) "Sleeper berth" or "SB" (only if a sleeper
berth used).
(3) "Driving" or "D."
(4) "On-duty not driving" or "ON."
(c) For each change of duty status (e.g., the place of reporting
for work, starting to drive, on-duty not driving and where released
from work), the name of the city, town, or village, with State
abbreviation, shall be recorded.
Note: If a change of duty status occurs at a location other than
a city, town, or village, show one of the following: (1) The highway
number and nearest milepost followed by the name of the nearest
city, town, or village and State abbreviation, (2) the highway
number and the name of the service plaza followed by the name
of the nearest city, town, or village and State abbreviation,
or (3) the highway numbers of the nearest two intersecting roadways
followed by the name of the nearest city, town, or village and
State abbreviation.
(d) The following information must be included on the form in
addition to the grid:
(1) Date;
(2) Total miles driving today;
(3) Truck or tractor and trailer number;
(4) Name of carrier;
(5) Driver's signature/certification;
(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon,
3:00 p.m.);
(7) Main office address;
(8) Remarks;
(9) Name of co-driver;
(10) Total hours (far right edge of grid);
(11) Shipping document number(s), or name of shipper and commodity.
(e) Failure to complete the record of duty activities of this
section or § 395.15, failure to preserve a record of such
duty activities, or making of false reports in connection with
such duty activities shall make the driver and/or the carrier
liable to prosecution.
(f) The driver's activities shall be recorded in accordance with
the following provisions:
(1) Entries to be current. Drivers shall keep their records of
duty status current to the time shown for the last change of duty
status.
(2) Entries made by driver only. All entries relating to driver's
duty status must be legible and in the driver's own handwriting.
(3) Date. The month, day and year for the beginning of each 24-hour
period shall be shown on the form containing the driver's duty
status record.
(4) Total miles driving today. Total mileage driven during the
24-hour period shall be recorded on the form containing the driver's
duty status record.
(5) Commercial motor vehicle identification. The driver shall
show the number assigned by the motor carrier, or the license
number and licensing State of each commercial motor vehicle operated
during each 24-hour period on his/her record of duty status. The
driver of an articulated (combination) commercial motor vehicle
shall show the number assigned by the motor carrier, or the license
number and licensing State of each motor vehicle used in each
commercial motor vehicle combination operated during that 24-hour
period on his/her record of duty status.
(6) Name of motor carrier. The name(s) of the motor carrier(s)
for which work is performed shall be shown on the form containing
the driver's record of duty status. When work is performed for
more than one motor carrier during the same 24-hour period, the
beginning and finishing time, showing a.m. or p.m., worked for
each motor carrier shall be shown after each motor carrier's name.
Drivers of leased commercial motor vehicles shall show the name
of the motor carrier performing the transportation.
(7) Signature/certification. The driver shall certify to the correctness
of all entries by signing the form containing the driver's duty
status record with his/her legal name or name of record. The driver's
signature certifies that all entries required by this section
made by the driver are true and correct.
(8) Time base to be used.
(i) The driver's duty status record shall be prepared, maintained,
and submitted using the time standard in effect at the driver's
home terminal, for a 24-hour period beginning with the time specified
by the motor carrier for that driver's home terminal.
(ii) The term "7 or 8 consecutive days" means the 7
or 8 consecutive 24-hour periods as designated by the carrier
for the driver's home terminal.
(iii) The 24-hour period starting time must be identified on the
driver's duty status record. One-hour increments must appear on
the graph, be identified, and preprinted. The words "Midnight"
and "Noon" must appear above or beside the appropriate
one-hour increment.
(9) Main office address. The motor carrier's main office address
shall be shown on the form containing the driver's duty status
record.
(10) Recording days off duty. Two or more consecutive 24-hour
periods off duty may be recorded on one duty status record.
(11) Total hours. The total hours in each duty status: off duty
other than in a sleeper berth; off duty in a sleeper berth; driving,
and on duty not driving, shall be entered to the right of the
grid, the total of such entries shall equal 24 hours.
(12) Shipping document number(s) or name of shipper and commodity
shall be shown on the driver's record of duty status.
(g) Graph grid. The following graph grid must be incorporated
into a motor carrier recordkeeping system which must also contain
the information required in paragraph (d) of this section.
(h) Graph grid preparation. The graph grid may be used horizontally
or vertically and shall be completed as follows:
(1) Off duty. Except for time spent resting in a sleeper berth,
a continuous line shall be drawn between the appropriate time
markers to record the period(s) of time when the driver is not
on duty, is not required to be in readiness to work, or is not
under any responsibility for performing work.
(2) Sleeper berth. A continuous line shall be drawn between the
appropriate time markers to record the period(s) of time off duty
resting in a sleeper berth, as defined in § 395.2. (If a
non-sleeper berth operation, sleeper berth need not be shown on
the grid.)
(3) Driving. A continuous line shall be drawn between the appropriate
time markers to record the period(s) of driving time, as defined
in § 395.2.
(4) On duty not driving. A continuous line shall be drawn between
the appropriate time markers to record the period(s) of time on
duty not driving specified in § 395.2.
(5) Location-remarks. The name of the city, town, or village,
with State abbreviation where each change of duty status occurs
shall be recorded.
Note: If a change of duty status occurs at a location other than
a city, town, or village, show one of the following: (1) The highway
number and nearest milepost followed by the name of the nearest
city, town, or village and State abbreviation, (2) the highway
number and the name of the service plaza followed by the name
of the nearest city, town, or village and State abbreviation,
or (3) the highway numbers of the nearest two intersecting roadways
followed by the name of the nearest city, town, or village and
State abbreviation.
(i) Filing driver's record of duty status. The driver shall submit
or forward by mail the original driver's record of duty status
to the regular employing motor carrier within 13 days following
the completion of the form.
(j) Drivers used by more than one motor carrier.
(1) When the services of a driver are used by more than one motor
carrier during any 24-hour period in effect at the driver's home
terminal, the driver shall submit a copy of the record of duty
status to each motor carrier. The record shall include:
(i) All duty time for the entire 24-hour period;
(ii) The name of each motor carrier served by the driver during
that period; and
(iii) The beginning and finishing time, including a.m. or p.m.,
worked for each carrier.
(2) Motor carriers, when using a driver for the first time or
intermittently, shall obtain from the driver a signed statement
giving the total time on duty during the immediately preceding
7 days and the time at which the driver was last relieved from
duty prior to beginning work for the motor carriers.
(k) Retention of driver's record of duty status.
(1) Each motor carrier shall maintain records of duty status and
all supporting documents for each driver it employs for a period
of six months from the date of receipt.
(2) The driver shall retain a copy of each record of duty status
for the previous 7 consecutive days which shall be in his/her
possession and available for inspection while on duty.
Note: Driver's Record of Duty Status.
The graph grid, when incorporated as part of any form used by
a motor carrier, must be of sufficient size to be legible.
The following executed specimen grid illustrates how a driver's
duty status should be recorded for a trip from Richmond, Virginia,
to Newark, New Jersey. The grid reflects the midnight to midnight
24 hour period.
The driver in this instance reported for duty at the motor carrier's
terminal. The driver reported for work at 6 a.m., helped load,
checked with dispatch, made a pretrip inspection, and performed
other duties until 7:30 a.m., when the driver began driving. At
9 a.m., the driver had a minor accident in Fredericksburg, Virginia,
and spent one-half hour handling details with the local police.
The driver arrived at the company's Baltimore, Maryland, terminal
at noon and went to lunch while minor repairs were made to the
tractor. At 1 p.m., the driver resumed the trip and made a delivery
in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at
which time the driver started driving again. Upon arrival at Cherry
Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth
for a rest break until 5:45 p.m. at which time the driver resumed
driving again. At 7 p.m., the driver arrived at the company's
terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m., the
driver prepared the required paperwork including completing the
driver's record of duty status, driver vehicle inspection report,
insurance report for the Fredericksburg, Virginia accident, checked
for the next day's dispatch, etc. At 8 p.m., the driver went off
duty.
(Approved by the Office of Management and Budget under OMB Control
number 2125-0016)
