Slide: Automatic on-board hours of service devices
Automatic, on-board hours of service devices. Be aware by the way that the Federal Motor Carrier Safety Administration is pushing for all motor carriers to have these on board, by 2012 I think, to have these hours of service devices. They were, by the way, pushing to have these in 2005, and that didn’t turn out so well, since we’re in 2010. And with the economy being the way it is, it probably will not be enacted by 2012, but right now it’s a hot topic and the trucking companies are screaming about this. So what’s your takeaway on this one? Your takeaway is to always ask for these on-board hours of service devices. Most of the bigger trucking companies do have them now, the vast majority, and a lot of the small ones have them as well, a growing number. And the point is even when the defense lawyer gives you the truck driver’s log books, you still want to get this information, because it’s very easy to fact check and very easy to show the inconsistencies and impeachments on the on-board hours of service devices. Normally they don’t give it. And that’s why, because they know. There’s also major spoliation issue here, because again, if it’s timely requested, and they fail to produce, or they say that it got lost, or destroyed, or what have you; be aware of this: the Federal Motor Carrier Safety Administration requires that back-up data be kept in a separate location and be updated once a month, every month as well as kept on the truck. So when they say it’s lost or destroyed or its missing, it’s really, really hard to do that if the Federal Motor Carrier Safety Administration requires them to do under rule section 395.15.
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