Open Season on GPS Records
Posted on November 19, 2009
Filed Under GETTING AUDITED, HOURS OF SERVICE
In December, 2008, the FMCSA quietly issued a rulemaking in which it served notice that it could check GPS records during an audit without restrictions. In 1997, the FMCSA had set its previous policy on GPS, which was that they were off limits, except in certain limited circumstances. The present policy says investigators can check those records, if they wish.
The Midwestern Service Center for FMCSA, which covers from Ohio to Nebraska, is checking these records in every audit they conduct, no questions asked. For example, if you are a carrier in Iowa, and you get audited, the inspector is going to ask for your satellite records. If you use Qualcomm, Peoplenet, or any other type of satellite tracking for your trucks, you will have to turn over those records, and they will be compared against the logs.
This is a major deal. I’m sure many of you over-the-road carriers have been audited previously, and have passed. It is very likely if you get audited again, you will not pass. GPS records have dozens of timed locations of each truck per day. The chances of the driver matching all of those locations to his logs exactly are not good.
The rules are these: If a record is generated, you must retain it for six months. In other words, if your GPS is set up to ping the truck once an hour, you will have to produce for DOT during an audit 24 timed locations per day, for six months. If your GPS is set up to ping the truck once a day, you need to produce 1 timed location per day, for six months.
There is no requirement to utilize GPS. If you decide to turn off your GPS, no records are generated, therefore, you do not have to turn over any GPS records during an audit. If the record is created, you must give it to the auditors. All motor carriers who use GPS should prepare themselves for this type of audit, especially if you are in the Midwest. Your Satisfactory rating depends on it.
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3 Responses to “Open Season on GPS Records”
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We run over 400 trks, and recently went thru the GPS DOT audit, we were still in the test mode of matching PS against the log auditing software, and were doing as many manual GPS audits as possible when the came in. After two months of being here the only violations were for false logs according to GPS, there was no mercy shown by the DOT, the fine is enormous, and we had to hire a DOT Atty, ourproposed safety rating has been posted as conditional. I have forwraded our appeal under 385.17, now we wait!!
Testify, Larry, testify. The GPS audit is impossible to pass. If DOT is coming in, you basically have to 1) rip all of your GPS units out of the trucks, and go old school… which is perfectly legal, or 2) invest the money and go with the on-board recorders, which fill out the logs for the drivers. Staying in the middle is a recipe for disaster.
What the Midwest Service Center is doing by demanding the GPS records is wrong. They are crucifying safe companies, they are not enhancing safety, and they are creating a unfair playing field. Carriers without GPS are at a competitive advantage over carriers that use it.
Larry, if you run into trouble with your rating, feel free to call, I have had experience working with the Olympia Fields office in just this sort of circumstance.
[...] man from a Midwestern carrier posted about his experience with the GPS audit. It pretty much backs up what I said in November of last year…. they are [...]