The Real ELD Enforcement Begins

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12 Mar 2018

The Electronic Logging Device (ELD) mandate became effective in December of 2017.  The Federal Motor Carrier Safety Administration (FMCSA) has asked states to use a specific violation code, 39522A, between Dec. 18 and April 1 to indicate ELD violations, which would not affect CSA scores, but would allow FMCSA to gather data on ELD use.

However, beginning April 1, the full enforcement of the ELD rule will begin – including the assigning of CSA points and the issuing of out-of-service citations for carriers that are out of compliance.

According the Commercial Vehicle Safety Alliance (CVSA), delaying the out-of-service aspects of the rule was intended to “provide the motor carrier industry, shippers and the roadside enforcement community with time to adjust to the new requirement before vehicles are placed out of service for ELD violations.”

“Motor carriers have had two full years to prepare for the requirement and obtain devices for their vehicles,” wrote CVSA Executive Director Collin B. Mooney in a letter to FMCSA. “FMCSA’s own research has found that the use of ELDs results in a reduction in a motor carrier’s crash rate and hours-of-service violations. It is time to move forward with this regulation.”

Fleets should be prepared to comply with inspectors who, initially, will need to determine which type of device drivers are using. That’s especially critical as certified AOBRDs are allowed to be used through Dec. 17, 2019, thanks to a grandfather clause. Also, given the fact that there are various devices on the road today, accurate documentation must be presented to inspectors.

ELD regulation requires the following information to be available in the cab: a user manual describing how to use the ELD; an instruction sheet for producing and transferring data; an instruction sheet for reporting malfunctions and record-keeping procedures during malfunctions; and a supply of blank records of duty status for recording hours of service for at least 8 days. Any of this information can be in electronic form.

As of April 1, a driver can be placed out-of-service if:

  • Using an unauthorized logging device not registered with the Federal Motor Carrier Safety Administration
  • Unable to produce and transfer data electronically from an ELD to an authorized law enforcement officer, or to produce the data via the display or print it out. A driver with an AOBRD can be placed out-of-service if unable to display or produce records of duty status
  • Driver indicates a special driving category when not involved in that category (considered a false log)
  • Driver is required to have an ELD and the vehicle is not equipped with one (or an AOBRD until Dec. 17, 2019).

Motor carriers seeking assistance in meeting the requirements of the ELD mandate can contact us at Lee Trans. Our team of experienced compliance experts can assist with implementation, reporting and data management for any sized fleet. Operate with the confidence that comes with compliance.