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Marc's Safety Corner

Ask our expert, Marc Moncion, any questions you may have around fleet safety, compliance, DOT audits, roadside inspections or CSA scores. 

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Marc Moncion

Marc is the Head of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/provincial regulatory bodies and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver's licence (CCD) holder and can drive all types of commercial vehicles in North America.

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Guy Broderick

Guest Expert - APPS Transport Group

Guy is a Driver Recruiter/Training Supervisor and Social Media Specialist at APPS Transport Group. Certified under the WSIB guidelines and a member of JHSC, Guy is an integral force behind the company's impeccable driving record. The APPS Safety Team has achieved the highest rating of Commercial Vehicle Operator Registration (CVOR) given by the Ministry of Transportation in Ontario. Since 2010, Guy has written for and contributed to numerous publications and associations, as well as has been elected as Chair of Ontario College of Trades Tractor Trailer Driver Trade Board, recently re-elected as Chair for the TTSAO Carrier Group, has sat on numerous provincial industry committees and is a Award Winning Driver recognized on both sides of the border.

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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