One of my drivers received a ticket for not having their AOBRD tablet mounted inside the tractor. Is this part of the mandate requirement?
Part 395 prescribes the following requirements below.
An Automatic on-board recording devices (AOBRD) under §395.15 (b) (1) state that an Automatic on-board recording devices shall produce, upon demand, a driver's hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the drivers' starting time at the beginning of each day. This section is silent on the requirement that the device be mounted.
The Electronic Logging Device under §395.22 provides for specific motor carrier responsibilities — in general. Section (g) then speaks to Portable ELDs. Specifically, if a driver uses a portable ELD, the motor carrier shall ensure that the ELD is mounted in a fixed position during the operation of the commercial motor vehicle and visible to the driver when the driver is seated in the normal driving position.
Therefore for ELD = Yes
AOBRD = It is left to the motor carrier, but no violation if not mounted.
The above information is for informational purposes only, and should in no way be relied upon as legal advice.
Jan 04, 2019 Marc Moncion