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== 395 β Hours of Service & ELD Logs == === Short-Haul Perimeters & Software Hardware === * '''[[395]]''' β 150 air-mile radius from "normal home reporting location" (Avoid the distance from to website, loaded with ads. Use Google Maps "measure distance" tool. [https://support.google.com/maps/answer/1628031?hl=en&co=GENIE.Platform%3DDesktop&oco=1 HOW-TO: Measure distance between two points]). ** If traveling out of the 150 air-mile radius more than 8 days in a 30-day stint, an ELD is required. ** Drive-away/tow-away operations are exempt from ELD requirements (paper logs allowed at a minimum). * '''[[395.20]]b''' β ELD to window to view (meaning it needs to extend to the passenger side window). * '''[[395.22]]g''' β ELD fixed location in driverβs view. * '''[[395.22]]h1''' β ELD Userβs manual in cab (can be on ELD screen). '''THIS RULE IS PENDING REMOVAL: FMCSA ''<u>MAY</u>'' REMOVE THIS RULE DUE TO REDUNDENCY. INSTEAD, THE FMCSA SUGGESTS USING PERFORMANCE BASED VIOLATIONS of 395.24.'''<ref>https://www.govinfo.gov/content/pkg/FR-2026-06-22/pdf/2026-12448.pdf</ref> * '''[[395.22]]h2''' β ELD Instruction sheet in cab (can be on ELD screen). * '''[[395.22]]h3''' β ELD Malfunction reporting sheet (can be on ELD screen). * '''[[395.22]]h4''' β Eight blank paper logs required. * '''[[395.24]]c2I''' β CMV power unit number listed. * '''[[395.24]]c2II''' β CMV trailer number listed. * '''[[395.24]]c2III''' β CMV Shipping document number listed. * '''[[395.24]]d''' β Driver to produce and transfer logs (must be able to show logs '''AND''' transfer). Web service '''OR''' email transfer. '''PENDING REMOVAL OF 395.22h1 FMCSA states to use 395.24d should driver say "I don't know how to transfer."''' === HOS Violations & Log Auditing === * '''[[395.3]]a3II''' β No 30-minute rest (within 8 hours of driving time). * '''[[395.30]]b1''' β Driver to certify accuracy of ELD. * '''[[395.32]]B''' β Fail to assume/decline unassigned drive time. * '''[[395.34]]''' β ELD MALFUNCTION: Written notification required within 24 hours. Dates and reasons must be listed in notes on the 1st day of the paper log. Shall be able to produce the previous 7 days as well. 8 days of paper logs are for days worked (not days off and not days used as a local driver). * '''[[395.8]]d09''' β No co-driver listed, when required. * '''[[395.8]]f07''' β No signature on logs. * '''[[395.8]]f09''' β Carrier address missing. * '''[[395.8]]f04''' β Log miles missing (odometer or miles per day). * '''[[395.3]]a3i''' β 11 hr drive rule violation. * '''[[395.3]]a2''' β 14 hr work rule violation when driving. * '''[[395.8]]a1''' β No record of duty status. * '''[[395.8]]''' β False log. ''*Only OOS if it affects the log status at the exact time of the stop.'' * '''[[395.8]]k2''' β No previous 7 days as required. Today and one prior day can be corrected on scene to avoid OOS. Missing day 5 or prior IS an automatic OOS. '''AUDITING STRATEGY: LOOK INTO THESE LOGS''' * Do not just look at the graph grid. Look at the cities, mileage, and hours driven. * If cities change and mileage changes but no drive time is logged: Question it! At a minimum, document it in the inspection notes field. * '''Use some math skills here β easy way to find false logs:''' ** Watch the total miles and hours driven. If a log indicates 1,020 miles driven in 4 hours, that is a 255 MPH average. ** If you find 820 miles driven in 3 hours 52 minutes, that equals a 212 MPH average speed. I have uncovered these on multiple inspections! * If the bottom of the page is signed, everything on that page is certified accurate by the driver. Hold them to it!
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