Electronic Logging Devices (ELD)– The deadline is coming…

by: Jim Mahoney - October 13, 2017

Trucking Company Mandate as of December 18th, 2017

Drivers who are now required to use paper logs – records of duty status (RODS) -because they operate commercial motor vehicles in interstate commerce motor vehicles weighing more than 10,000 pounds, or who carry haz-mat—need to use Electronic Logging Devices (ELD) in their vehicles, unless they meet one of the exemptions.

This applies to commercial motor vehicles (CMVs) as defined by Part 49 CFR 390.5 of the Federal Motor Carrier Safety Regulations and drivers who are subject to the requirements of Part 49 CFR 395.

Drivers who are exempt from using ELDs include: 1) drivers who operate within the 100-air-mile exemption; 2) non-CDL drivers operating within 150 air miles of their home base; 3) drivers in driveaway operations; 4) drivers operating vehicles with engines manufactured before the year 2000; and 5) drivers who use paper logs for not more than 8 days in a 30-day period

The Case of ELD v. ABORD

Soon to be a major motion picture coming to a theatre near you, we can expect to see litigation over just what is an ELD.

An ELD is essentially the same as an ABORD, but to qualify as an ELD, the device must meet the minimum technical standards, be certified as well as registered with the FMCSA. The ELD must be synchronized with the ECM so that vehicle operations can be recorded, such as drive time and the ELD must put out standardized data for the benefit of enforcement officers. Manual overrides are allowed for special circumstances.

The Enforcement Cases…

The ELD Rule was adopted to increase the use of AOBRDs to promote safety and reduce the paperwork burden for motor carriers and drivers as well as transportation law enforcement officers.

As with every lock, where there’s a pick waiting to be used, the ELD will have its expected workarounds so that drivers do not lose time to the applicable hours of service (HOS) rules.

As for enforcement, the ELD RODS must be shared by drivers and motor carriers in one of two ways during roadside inspections by enforcement officers: 1) a hard-copy printout; 2) a screen display visible to enforcement officers, or 3) fax or email at the discretion of the officer.

Carriers will have to educate their drivers on how to use ELDs and how to present the data to enforcement personnel as compliant. It’s as if roadside inspections aren’t slow enough already.
If you are operating AOBRDs compliant with Part 395.15 installed before December 18th, you will have two years to bring them into ELD compliance.