Embed Size (px)
Citation preview
HOW TO PREVENT CHEATING ON E-LOGS Presenter: Tom Bray
J.J. Keller & Associates
Tuesday, July 14, 2015 10:50am – 11:50am
SPONSORED BY:
• Logs (§395.8) or time records for short-haul drivers (§395.1)
• Options if required to do logs:
– Paper logs (§395.8)
– Automatic onboard recording devices (§395.15)
– Logging software programs (§395.8)
HOS Recordkeeping Options
• 1985: First AOBRDs • 1988: AOBRD regulations (§395.15) • 2010: EOBR “bad actor” rule • 2011: EOBR “universal mandate” proposed • 2011: “Bad actor” rule struck down • 2012: Federal law mandates ELDs • 2014: Supplemental “universal mandate” ELD
proposal released
E-Logs are Nothing New
Step One to Prevent Cheating
• Correctly use a compliant system
– Present requirements
– Future requirements
• Voluntary use allowed if system meets §395.2 and §395.15 requirements: – Synchronized to the vehicle
– Automatically determines and records when driver is driving
– Non-driving duty changes and locations entered by driver (GPS not required, but is an option)
– Device displays basic elements • No “grid graph” requirement
• No printing required
Present Requirements (AOBRD)
• Device and system must be “tamperproof”
– Driver cannot make changes
• Edits and changes must be made by “back-office supervisor”
• Vendor must provide carrier with certification that device and system meet FMCSA requirements
Present Requirements (AOBRD)
• During audit/investigation – Certain driver’s records requested – Edits and annotations asked for
• Changes will be reviewed • Falsification is the issue, not whether or not a change was
made
– Supporting document requests will center on non-driving activities • Verify location • Verify duty status selection
Audits and Investigations
The ELD Proposal
• Published March of 2014 • Covers
– ELD use – ELD technical standards
• Would require ELDs two years after final rule effective – Final rule expected 9/30/15
• ELD would need to be on FMCSA’s ELD registry (yet to be created)
ELD Proposal
• CMV drivers involved in interstate commerce and subject to logging rules in Part 395
• CMV as defined in 390.5:
–10,001 pounds
–Placarded hazmat
–More than 8 or 15 passengers
Proposal: Who is Covered?
• Would require all drivers that complete logs to begin using ELDs two years after final rule effective – Only exception is drivers that only completed logs
8 days (or less) out of last 30 days
ELD Use
• On-board portion of system must automatically capture: – Driving time – Data sets • Date and time • Location (accurate to within 1 or 10 miles) • Engine hours • Vehicle miles • Driver • Vehicle • Carrier
ELD Technical Requirements
• Data set capture required: – At startup and shutdown – At each change of duty status – Once per hour when vehicle is operating – At start and end of “personal use” or “yard time”
ELD Technical Requirements
• All users in the system must have unique log in – Driver account must include PII for driver
• Data combined with driver entries to create record of duty status
ELD Technical Requirements
• System must include “unassigned driver” account – All unassigned driving time must either be assigned
or otherwise accounted for – Presently: Not required, but it is an issue checked
during auditing • All users must have user name and password
associated with their account • All changes must be tracked and cannot
“overwrite” original
Edits and Updates
• ELD proposal: – Driver must authorize all changes by
“resubmitting” log after changes
• Present systems: – Must be done in back office by supervisor
– Personal conveyance presently a back-office edit • Log out and drive
• Change driving time to personal
Edits and Updates
Step Two to Prevent Cheating
• Audit records to locate cheaters
• Immediately take disciplinary action when cheater located
• Not logging in or logging out while working/driving
– Unassigned miles/hours that cannot be accounted for
– Payroll hours do not match HOS hours
– Auditing/assigning unassigned miles addresses
AOBRD/ELD “Cheaters”
• Supervisor assistance
– On duty to off duty big concern
– “Creating” a restart
– “Zeroing” the driver also a concern
– Tracking edits and looking for “excessive” or “strategic” edits by certain supervisors
AOBRD/ELD “Cheaters”
• Sharing log ins
– Drivers that are not working provide log in information to drivers that are
– Drivers that are off are “out driving around”
– Auditing drivers that are off to make sure only off-duty logs are submitted can address this
– Also, drivers that are working who are not accumulating hours should be a concern
AOBRD/ELD “Cheaters”
• Drivers/supervisors using “Ghost Driver” accounts – “Ghost Driver” accounts sometimes created to
account for certain system issues
– Supervisor “creates” a Ghost Driver for his drivers to use
– Audit “Ghost Drivers” regularly (“Maintenance” or “Road Test” driving thousands of miles is a problem!)
– Continually compare e-log roster to driver roster
AOBRD/ELD “Cheaters”
• Logging off duty for everything
– No or very little on-duty time
– Modern version of an old falsification method
– Old-fashioned log auditing can catch
• Supporting documents compared to log
AOBRD/ELD “Cheaters”
• System tampering
– Driver disconnects or otherwise disables system
– Supervisor “disables” function in back office
– Investigate whenever a device goes down
– Watch for constant problems with certain drivers’ units
– Continually review diagnostic reports
– Punish severely if tampering discovered
AOBRD/ELD “Cheaters”
Summary
• Step one: Use a complaint system correctly
– Present system requirements
– Future system requirements
– Use correctly when dealing with unassigned and changes
Summary
• Step two: Audit to locate cheaters
– Look for unassigned, ghost account issues, supervisor assistance, etc.
– Discipline cheaters immediately
