The FMCSA's final rule mandating the use of electronic logging devices (ELDs) by truck drivers is slated for release September 30, 2015. Drivers and companies that own fleets must both comply with the ELD mandate within 24 months after the final rule is published.
If you are presently required to log hours of service, then the new ELD mandate affects you.
The mandate will require interstate drivers who currently prepare Hours of Service (HOS) records to be switched over to ELDs.
The ELDs will need to:
- Connect directly to vehicles’ engines
- Be certified by the ELD manufacturer that they meet the new and more stringent requirements of the FMCSA
- Be equipped to transmit HOS data to law enforcement officers in a combination of ways, such as printout, email, wireless web service, Bluetooth®, and USB
Highlights of mandate as proposed:
- The proposal covers:
- ELD use
- ELD technical standards
- Retention of supporting documents
- Concerns regarding coercion
- All drivers that complete logs to begin using ELDs two years after final rule is effective
- The FMCSA will create an ELD registry with compliant devices
- System must automatically capture data sets at specific times
- Record must be submitted to carrier within 8 days
- Ability to report out to officers using multiple formats (instant auditing)
- Enhanced display capability
- Allowance for personal use and yard driving events
- Exemption from ELDs:
- Only for 100 and 150 air-mile or “intermittent” drivers that completed logs 8 or fewer times in the last 30 days.
- Coercion provisions:
- Driver must “certify” log when submitting or changing submission
- Reinforcing of “no carrier shall require a driver that is ill or fatigued to drive” regulations (§392.3)
- Updated complaint procedures and fines related to ELDs
- Drivers have a right to all data and records for previous six months
- Limits on location accuracy
- Supporting document provisions:
- Will create definition in §395.2 and new a section (§395.11) regarding supporting documents
- Contain the driver, date, time, and location information
- Carrier must keep up to 10 supporting documents per 24-hour period per driver
- Driver must present any supporting documents in his/her possession during roadside inspection
- Driver must forward to carrier within 8 days
- Carrier must retain for six months and be able to link supporting document to driver
The FMCSA estimates that nearly 500,000 carriers and 2.8 million drivers will be affected when the mandate for ELDs becomes a final rule. The affected numbers will dramatically increase as states adopt the regulations for their intrastate drivers.