Cal. Code Regs. Tit. 13, § 1213.2 - Automatic on-Board Recording Device

(a) Automatic On-Board Recording Device. For the purposes of this section, an automatic on-board recording device is an electric, electronic, electromechanical, or mechanical device capable of recording driver's duty status information accurately and automatically.

(b) Minimum Information Requirements. The device must be installed to record specific operations of the vehicle in which it is installed. As a minimum, the device must record engine use, road speed, miles driven, the date, and time of day.

(c) Display Requirements. Automatic on-board recording devices shall produce, upon demand, an electronic display or printout of a driver's hours of service showing the time, sequence, and location of duty status changes including the driver's starting time at the beginning of each day.

(d) Handwritten Records. Upon the request of any authorized employee of the department, or any regularly employed and salaried police officer or deputy sheriff, drivers using an automatic on-board recording device shall produce a handwritten driver's record of duty status based upon the information stored in the device, relating to the current day and the preceding seven days.

(e) Support Systems. Support systems used in conjunction with on-board recorders at the driver's terminal or the motor carrier's principal place of business must be capable of providing authorized employees of the department, or any regularly employed and salaried police officer or deputy sheriff, with an individual driver's hours of service records. The support systems must also provide information concerning on-board system failures and identification of edited data.

(f) Previous Seven Days. Each driver shall have in his/her possession records of duty status for the previous seven consecutive days. These records shall consist of information stored in and retrievable from the automatic on-board recording device, handwritten records, computer generated records, or any combination thereof.

(g) Driver's Certification. All hard (paper) copies of the driver's record of duty status shall be signed by the driver. The driver's signature certifies that the information contained thereon is true and correct.

(h) Duty Status. The duty status and additional information required in section 1213(c) shall be recorded using the wording required by section 1213(c), an abbreviated form of the word, or an identifiable code or character.

(i) Required Documents. Each driver shall have in his/her possession and make available upon request of any authorized employee of the department, or any regularly employed and salaried police officer or deputy sheriff, instructions describing the data that may be retrieved, a list of function codes, geographic location codes, and blank driver's record of duty status graph-grids.

(j) Inoperative Device. When the automatic on-board recording device is inoperative or the driver is unable to retrieve the required information from the device, each driver shall reconstruct the records of duty status for the current and the prior seven days and continue to prepare a handwritten record of duty status until the automatic on-board recording device is fully operational.

(k) Multiple Drivers. When more than one driver is using the automatic on-board recording device, the device must be capable of recording separately each driver's duty status and shall record the sequential changes in duty status and times when the changes occurred for each driver.

(l) Display Capabilities. Automatic on-board recording devices with electronic displays shall have the capability of displaying the following:

(1) Driver's total hours of driving.

(2) Total hours on duty today.

(3) Total miles driven today.

(4) The sequential changes in duty status, and the times and locations where changes occurred for each driver.

(m) Malfunction Warning. The automatic on-board recording device shall be capable of warning the driver visually or audibly that the device has ceased to function. Automatic on-board recording devices installed and operational as of October 31, 1988, and authorized by a Departmental exemption or Federal Highway Administration (FHWA) waiver to be used in lieu of a handwritten record of duty status are exempt from this requirement.

(n) Data Reproduction. When data is reproduced in printed form, the automatic on-board recording device/system shall identify sensor failure and edited data. Automatic on-board recording devices installed and operational as of October 31, 1988, and authorized by a Departmental exemption or FHWA waiver to be used in lieu of the handwritten record of duty status are exempt from this requirement.

(o) Update. The automatic on-board recording device shall permit duty status to be updated only when the vehicle is at rest.

(p) Performance Certification. Carriers shall obtain a certificate from the manufacturer certifying the design of the automatic on-board recorder has been sufficiently tested under the condition in which it will be used to meet the requirements of this section.

(q) Tamper-proof. The automatic on-board recording device and associated support systems must be tamper-proof and not permit altering of the information collected concerning the driver's hours of service.

(r) Device Maintenance. Carriers shall ensure that the automatic on-board recording device and associated support system are properly maintained and recalibrated in accordance with the manufacturer's specifications.

(s) Training. Carriers shall ensure that drivers are trained regarding the proper operation of the device.

Notes

Cal. Code Regs. Tit. 13, § 1213.2

1. New section filed 5-14-90; operative 6-13-90 (Register 90, No. 23).
2. Change without regulatory effect amending subsection (m) filed 10-7-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 41).
3. Change without regulatory effect amending subsections (h), (q) and (r) filed 5-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 19).
4. Change without regulatory effect amending subsection (l) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
5. Amendment filed 10-24-2001; operative 11-23-2001 (Register 2001, No. 43).

Note: Authority cited: Sections 31401 and 34501, Vehicle Code. Reference: Sections 31401 and 34501 Vehicle Code.

1. New section filed 5-14-90; operative 6-13-90 (Register 90, No. 23).
2. Change without regulatory effect amending subsection (m) filed 10-7-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 41).
3. Change without regulatory effect amending subsections (h), (q) and (r) filed 5-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 19).
4. Change without regulatory effect amending subsection ( l) filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
5. Amendment filed 10-24-2001; operative 11-23-2001 (Register 2001, No. 43).