The ELD Mandate:The Time has Come

Hours-of Service RegulationCommercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:1. gross vehicle weight, or gross combination weight of 10,001 pounds or more, whichever is greater; or2. used to transport more than 8 passengers (including the driver) for compensation, or more than 15 passengers (including the driver), not for compensation; or3. Is used to transport a hazardous material that requires placarding.

Anyone operating such a vehicle is subject to the safety regulations.

2016 HOS ViolationsHOS Violations Sum of # of Violations

Log Violation (General/Form And Manner) 134,547

Driving beyond 8 hour limit since the end of the last off duty or sleeper period of at least 30 minutes 49,680

Unknown 43,306

Driving beyond 14 hour duty period (Property carrying vehicle) 30,258

False Report Of Drivers Record Of Duty Status 29,617

Drivers Record Of Duty Status Not Current 26,066

No Drivers Record Of Duty Status 21,331

Driver Failing To Retain Previous 7 Days’ Logs 20,111

Driving beyond 11 hour driving limit in a 14 hour period. (Property Carrying Vehicle) 16,909

New Truck Req./Perm. Property Cmv Driver To Drive After 70 Hrs On Duty In 8 Days 2,845

Grand Total 374,670

0

20000

40000

60000

80000

100000

120000

140000

160000

134547

4968043306

30258 29617 2606621331 20111 16909

2845

Total HOS Violations (2016)

Total

Violations and maximum monetary penalties?

(a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs): A person or entity that fails to prepare or maintain a record required by parts 40, 382, 385, and 390-99 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of

• (1) Recordkeeping. $1,194 for each day the violation continues, up to $11,940.

• (2) Knowing falsification of records. Maximum civil penalty of $11,940 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping

• (3) Non-recordkeeping violations. A civil penalty not to exceed $14,502 for each violation.

• (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $3,626.

Introduction to the ELD Mandate

On December 16, 2015, the Federal Motor Carrier Safety Administration (FMCSA) published the “Electronic Logging Device and Supporting Documents Final Rule.”

The final rule covers four core areas:

1. Who must use an ELD

2. ELD technical specifications

3. Prevention of driver harassment

4. Supporting documents

The final rule also includes the compliance deadlines.

What is an ELD?A device that:• Automatically records a driver’s driving time• Facilitates the accurate recording of the driver’s HOS• Meets the technical specifications of the ELD rule• Is synchronized with the engine of the commercial

motor vehicle (CMV)

Who Must Comply?

The ELD applies to most motor carriers and drivers who are currently required to maintain records of duty status (RODS) per Part 395, 49 CFR 395.8(a).

There are a few exceptions:

100 air mile radius drivers may continue to use timecards, as allowed by ‐§395.1(e)(1)

150 air mile radius non CDL freight drivers may continue to use timecards, ‐ ‐as allowed by §395.1(e)(2)

Using paper RODS for not more than 8 days during any 30 day period‐ Conducting “drive away tow away” operations‐ Driving vehicles manufactured before model year 2000

So who is not exempt??• Drivers that drive for small fleets and owner-operators• Drivers that drive non-CDL commercial vehicles• Driver for small passenger carriers• Drivers that drive leased or rented vehicles• Lease or temp drivers• Drivers at “non-trucking” motor carriers

There are very few drivers exempted from the ELD mandate!

ELD Exemptions

100-air-mile-radius

100 air-mile radius exception

• Operate within 100 air-mile radius of normal work reporting location

• Return to work reporting location and released within 12 consecutive hours

• At least 10 hours separate each 12 hours on duty

• No more than 11 hours driving time following 10 hours off duty

Exemption Log Book Start Time End of Shift Hours for the day

Implementation TimeLine

Final Rule 12.18.2015

Compliance Date12.18.2017

ELD’s a Must12.16.2019

Grandfather Rule???

Any company currently using an Automatic Onboard Recording Device (AOBRD) will have until December 16, 2019 to switch to the ELD.

Minimum Technical Standards

Generally based on performance – maximize flexibility, minimize cost

Standard outputs for a consistent enforcement Include minimum output requirements for electronically

transferred, displayed, and printed ELD information and output

Appendix A to Subpart B of Part 395

Engine Synchronization

• Integral synchronization to the engine control module (ECM)• Monitoring of the vehicle’s engine operation to automatically capture:

Engine’s power statusVehicle’s motion statusMiles drivenEngine hours

Automatically Recorded Data Date Time CMV Geographic Location

Information Engine Hours

Vehicle Miles

Driver or Authenticated User Identification

Vehicle Identification Motor Carrier Identification

ELD Event Data Recordings

Engine power up and shut down

Driver login/logout Duty status changes Personal use or yard moves Certification of driver’s daily

record 60-minute intervals when the

vehicle is in motion Malfunction of diagnostic

events

Geolocations CMV Geographic Location

Information Show a nearby city, town, or

village, or the compass direction and distance from the nearest city, town, or village

During on-duty driving periods, the location accuracy is approximately within a 1-mile radius

When a CMV is used for personal use, the position reporting accuracy is approximately within a 10-mile radius

Manual InputsMotor carriers – User account setup• Drivers• Support personnel (mechanics, dispatch, etc.)

Drivers• Annotations, when applicable• Location description, when prompted by the ELD• CMV power unit number• Trailer number(s), if applicable• Shipping document number, if applicable

Harassment ProtectionThe ELD Rule defines harassment very specifically:Action by a motor carrier toward a driver (whether an employee or a contractor) that the carrier knew or should have known would result in an HOS violation in 49 CFR 395 or 49 CFR 392.3.

Harassment only applies if the carrier’s action involved information from an ELD, or other technology used in combination with an ELD.

Preventing HarassmentThe ELD Rule provides several provisions to help prevent harassment:

• It prohibits carriers from harassing drivers.• It provides a process for drivers to file written complaints.• It mandates an ELD mute function to ensure a driver is not interrupted in the sleeper

berth.

It includes anti-tampering provisions:

• Limited editing ability for ELD records by either a driver or motor carrier.• Required driver certification when a carrier edits an ELD record.• Preservation of original ELD records, even when edited.

Harassment Penalties

• Any carrier who is found to have harassed a driver will be subject to a civil penalty for harassment in addition to a penalty for the HOS violation.