The American Trucking Associations (ATA) continues to challenge the Federal Motor Carrier Safety Administration’s (FMCSA) supporting documents policy, saying that portions of it are at odds with existing or previously unaddressed policies. Specifically, the latest FMSCA directive calls for carriers to account for hours-of-service oversight activities using electronic communication and tracking systems, which the ATA says were not referenced in earlier drafts. The ATA also objects to the FMCSA’s accepting unqualifying electronic equipment to maintain HOS oversight activities, as well as the fact that the accuracy of those paperless records would be difficult to challenge.

The American Trucking Associations asked the Federal Motor Carrier Safety Administration to stay before the effective date its new policy on supporting documents pending revisions the association proposes. Although the agency has not responded, it implicitly disregarded ATA’s July 8 request by notifying a federal appeals court that it had adopted the policy on retention of documents and the use of electronic mobile communication/tracking technology as an alternative to certain documents.

In comments on the policy, which was published June 10 and made effective July 12, ATA said it had serious concerns with portions of the guidance “that we believe depart substantially from prior agency policy and go well beyond the bounds of what the agency may do in guidance.”

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