DIGITAL MEDIA APPLICATION POLICY FOR OPERATORS OF COMMERCIAL MOTOR VEHICLES
This Digital Media Application Policy for Operators of Commercial Motor Vehicles has been updated and is effective as of March 22, 2018. No restriction imposed by the terms herein is intended to exceed or enlarge the restrictions set forth in the Code of Federal Regulations, as reproduced in pertinent part at the end of this policy statement:
This is the Digital Media Application Policy for Operators of Commercial Motor Vehicles (hereinafter, the “App Policy”) for Ki Logistics’s cellular or digital media applications, and is applicable to the use of any Ki Logistics software or application made available to an operator of a commercial motor vehicle via the App/Site.
1) Mandatory FMCSA compliance. The FMCSA prohibits operators of commercial motor vehicles from using hand-held cell phones while operating their vehicles. You agree that you and your motor carrier operators, subcontracted parties, owner-operators, and your company drivers shall not use a hand-held cell phone while driving, nor shall any such operator of a commercial motor vehicle view or send text messages while driving. You agree to access the App/Site only when stopped in a safe and lawful manner, and to access the App/Site in full compliance with all federal and state rules and regulations. You agree that you will use the App/Site in compliance with all laws applying to the use thereof, including but not limited to state, regional, local and municipal laws and regulations. You shall defend, indemnify and hold Ki Logistics and its affiliates, officers, directors, employees and agents, harmless from and against any and all losses, liabilities, damages, actions, suits, demands or claims (including, without limitation, amounts paid in settlement and reasonable costs of investigation, attorney’s fees and disbursements) (collectively “Claims”), resulting from your breach of the agreements, representations and warranties made in this Section 1 of the App Policy.
2) Road information prevails. Any traffic or road-related information provided by the App/Site is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc.
3) Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), while driving. Such updates may only be sent after you have safely stopped your vehicle in an appropriate location permitted by law. You agree that you shall not communicate with Ki Logistics by phone unless a lawful, hands-free device is used, or you are safely stopped.
4) The Internet connection is your responsibility and at your expense. Transmitting and receiving real-time updates to and from the App/Site, require an online (Wi-Fi or 3G/4G LTE) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. You understand that your service provider may apply charges for text and data usage. You agree to pay for all such fees and charges.
5) Location-based service. Some features of the App/Site make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Ki Logistics application is installed and activated. These features cannot be provided without utilizing this technology. Ki Logistics uses your location and route information to create a detailed location history (“History”) of all of your journeys made when using the App/Site. You must allow the App to collect and use real-time information about your device’s location through the device’s privacy settings, and location information is required for many of the functions of the App. You may block the use of location information at any time, though if you block, the App may be then inaccessible or not function properly.
7) Free software. The App/Site utilizes software for map displays, updates and road information. With respect to some cellular telephone devices running the software, the software is or may be free software. In such cases you may redistribute the software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The App/Site, its database, Ki Logistics's trademarks, the design of the maps of the App/Site and functionality, and the voice files integrated in the Ki Logistics proprietary software are NOT FREE software.
8) Independent contractor/user. You shall interact with the App/Site as an independent contractor or independent entity. Except as expressly provided herein, nothing in this App Policy or the Agreement makes either party the agent or legal representative of the other for any purpose whatsoever, nor grants either party any authority to assume or create any obligation on behalf or in the name of the other party.
9) Your age. The App/Site is intended for use by users who are of the legal age required to hold a commercial motor vehicle operator’s license. In any case, accounts of users under the age of 18 years will be cancelled and deleted by Ki Logistics, upon receiving notice.
11) Changes to App Policy. From time to time, Ki Logistics may change this App Policy. We will post a notice of changes for thirty days after the date of such change, which notice will be accessible from the App Policy link on our Site or may appear on the App/Site’s home page. Your use of the App/Site following any such change constitutes your agreement to follow and be bound by the App Policy, as modified, and to its application to all information gathered before and after its effective date.
12) Contact us. If you have questions about this App Policy, please send an e-mail to email@example.com We will endeavor to respond to your inquiry; our failure to respond, however, does not constitute consent to any matter raised in your inquiry, or any modification of the Agreement or this App Policy.
13) Transmitting Transportation Documents. Ki Logistics provides Operators of Commercial Motor Vehicles (each, a “User”) various options to submit electronically trip documentation to Ki Logistics. As a User, you may decide at your sole discretion to elect to use any of the following options if interested in electronically transmitting trip documentation to Ki Logistics:
a) Picture Scan. “Picture Scan” scanning service enables Users to electronically submit documents to Ki Logistics’s corporate office and provides confirmation that a User’s paperwork has been transmitted and received. Features of Picture Scan include:
· No need to wait in line to scan transportation paperwork.
· User’s documents are transmitted securely in seconds, as soon as a shipment is delivered.
· User can scan documents to Ki Logistics twenty-four hours a day, seven days a week.
b) Other options. User may, at its sole discretion, elect to participate in other Electronic Transmission of Trip Documentation Programs offered by Ki Logistics or other Ki Logistics-approved vendors. These programs allow Users to send shipment-related documentation electronically to Ki Logistics from devices capable of interfacing electronically with Ki Logistics as well as selected truck stops and other participating facilities and locations.
c) In connection with the use of Picture Scanand any other Electronic Transmission of Trip Documentation Program offered by Ki Logistics or a Ki Logistics -approved vendor, User represents and warrants to Ki Logistics that, to the extent User is not himself or herself under contract with Ki Logistics in his or her own name, as applicable, User is a duly authorized representative of and vested with the requisite authority to incur the charges set forth herein on behalf of the individual, motor carrier, broker or other entity under contract with Ki Logistics that will incur and be responsible for all charges set forth herein in connection with the use by User or any person affiliated with User of Picture Scan, or any other Electronic Transmission of Trip Documentation Program offered by Ki Logistics or Ki Logistics -approved vendor in which User elects to participate.
14) The Code of Federal Regulations. 49 CFR §§ 392.80 and 392.82 state the FMCSA’s restrictions on the use of hand held mobile phones.
The following actions are prohibited while driving a Commercial Motor Vehicle (“CMV”):
• Using at least one hand to hold a mobile telephone to conduct a voice communication;
• Dialing or answering a hand held mobile telephone by pressing more than a single button; or
• Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with federal regulations that has been adjusted in accordance with the manufacturer’s instructions.
For purposes of the rule, “driving” means operating a CMV on a highway, including while temporarily stopped in traffic because of a traffic control device or other momentary delay. “Driving” does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary (please note, however, that pulling to the side of a highway may not, in some instances, be allowed under applicable law). The rule is in addition to the existing federal ban on texting while driving a CMV. Importantly, federal law prohibits standing, parking or stopping on the side of an interstate highway unless for an emergency or by directed by police enforcement officials. Other roads within the United States road system may also have similar restrictions.