Facts About ELD Systems
- The Federal Motor Carrier Safety Administration (FMCSA) mandates that every US truck driver or carrier who must currently keep a paper log will have to use a compliant electronic logbook device beginning December 18, 2017.
- If a truck driver or carrier purchases a compliant AOBRD system – which was approved prior to the most recent ELD system – before December 18, 2017, the truck driver or carrier may use the AOBRD system until December 16, 2019.
- Any ELD system that a trucking carrier or driver chooses must be on the FMCSA’s approved manufacturer list as of December 18, 2017.
- ELD systems must have a mechanism by which enforcement officers can verify logs during a traffic stop. There are several options by which this may take place.
- As of November 30, 2016, not all of the details of the FMCSA ruling have been finalized for ELD manufacturers. Details yet to be finalized include how data is to be store and presented to enforcement officers, as well as the location of certain API calls.
- Once ELDs are implemented, carriers will be held accountable for harassment when carriers compel drivers to violate hours of service regulations knowingly.
Quick Fact: Who Must Comply to the new ELD Mandate?
Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV. In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:
- Weighs 10,001 pounds or more
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation
- Is designed or used to transport 9 or more passengers (including the driver) for compensation
- Is transporting hazardous materials in a quantity requiring placards
- (Source: https://www.fmcsa.dot.gov/regulations/hours-of-service)
Additional Advice Regarding Electronic Logging Device Systems
Opinion: Though there are efforts there, it is unlikely that the court system will stop the implementation of the ELD mandate. Federal courts have already weighed in on the matter and determined that the regulation is legal and will be binding. Though owner-operator groups continue to fight, all indications are that this regulation is going to happen.
Final Notes Concerning 2017 and ELD Systems
It is unlikely that every carrier and trucker will be compliant with the new ruling on December 18, 2017. Many truckers will risk the fines or other penalties in either protest or simply in hopes of saving some money. And, there will likely be lawsuits following the implementation. So, one question to ask is whether compliance with the regulation is of less cost and hassle than ignoring or fighting the system.