A LaPorte CSA client that utilizes drivers subject to the 100 air-mile exemption to the requirement that drivers complete the grid-style log for each day asked the follow question:

            If a driver works 4 days under the 100 air mile exception and doesn’t fill out a log book and on the 5th day he goes over the 100 air mile does he fill out the log book for only the day that he did not fall under the exemption or does he have to go back and fill out the previous 7 days of logs as well?

Those of you with local drivers may know that drivers who operate within 100 air miles of their work reporting location may not have to complete the grid-style log if certain conditions are met.  Those conditions are:

1. The driver operates within 100 air miles of his normal work reporting location;

2. The driver is released from duty within 12 consecutive hours of his reporting time;

3. At least 10 consecutive hours separates each 12 hours on-duty;

4. The driver does not exceed the maximum driving time of 11 hours following 10 consecutive hours off duty;

5. The motor carrier using the driver retains for a period of 6 months accurate time records showing the time the driver started, the time the driver finished, and the total hours worked each day.

An issue arises when the driver qualifies for the 100 air mile exception on some days but not other days, and how such a driver meets the requirement to have the previous 7 days of logs in his possession.  The issue is resolved by looking an official interpretation issued by the FMCSA.

The answer to this question is that a driver needs only to fill out and have in his possession logs for those days he did not qualify for the 100 air mile exemption.  The FMCSA’s official interpretation is stated as follows: 

            Question 20: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

            Guidance: The driver must only have in his/her possession a record of duty status for the   day he/she does not qualify for the exemption. The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred   between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

So if one of your drivers is cited for not having the previous seven days of logs, but the driver was subject to the 100 air-mile exception on the days in which the driver does not have a log, the violation should be challenged through the Data Q system.  The Data Q challenge should provide documents establishing the driver was subject to the 100 air mile exception on the days in which he was not able to produce a log for the inspecting official, and cite the FMCSA’s interpretation.

            LaPorte CSA has been advising its clients for months now that ignoring high CSA BASIC scores will cost them business.  If your company has CSA BASIC scores beyond the FMCSA’s threshold, it’s not the warning letter from the FMCSA that you should be most worried about – it is the letter, e-mail, or phone call from your shippers, brokers, and others that you rely upon for business.  We are nothing if not personally vested in the profitability of our clients, and there is nothing worse than having to tell a client “told you so.”

            We are starting to see CSA concepts integrated into more Carrier/Shipper and Carrier/Broker Agreements.  For example, we came across an agreement recently that, in addition to requiring the carrier to have a Satisfactory safety rating, also prohibited the carrier from having two or more BASIC scores above the established FMCSA thresholds.

            Shippers, brokers, and others are also becoming much more willing to enforce such provisions and cancel contracts with offending carriers.  LaPorte CSA was retained a few months ago by an intermodal carrier who was issued a proposed Unsatisfactory rating.  We worked very hard with the carrier to implement effective safety management practices and correct the deficiencies, and we were successful in having the rating upgraded to Conditional.  Today we are proud to say the carrier has a safety program in place that rivals that of any of its competition.  Unfortunately, one of its Intermodal Equipment Providers rescinded its equipment interchange agreement under a provision of an addendum to the Uniform Intermodal Interchange Agreement requiring that the carrier have and maintain a Satisfactory safety rating.  The company had drivers that were at the rail yard that were unable to pick up equipment.

            PLEASE – do not ignore safety and compliance issues that may be reflected in a high CSA BASIC score.  Take action!!  At LaPorte CSA we have many innovative and cost-effective measures to help reduce your CSA scores.  Contact us and we can help.                        

LaPorte CSA is a full-service transportation solutions provider.

A staff of diverse professionals with expertise in several key segments enables us to offer cost-effective strategies to improve your bottom line.

We'll help you identify, target, and correct issues before they become costly, time consuming problems.

Our services offer you access to top quality programs at very competitive pricing. Whether reviewing existing programs, integrating services into established program or custom building a program to meet your needs, LaPorte CSA's unique abilities and wide variety of services, can offer your team the resources to achieve cost-effective compliance and risk management.