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HOS data in peril: 2 devices added to FMCSA’s Revoked list

Carriers have 60 days to update hardware

Posted September 22, 2023

Two devices have recently been removed from the FMCSA’s list of registered electronic logging devices (ELDs):

  • FALCON ELD and
  • KSK ELD.

Due to a failure to meet the minimum requirements of 49 CFR 395, subpart B, appendix A, the FMCSA has moved these devices to its “revoked devices” list as of September 14, 2023.

Many ELD providers have removed their devices from the list voluntarily, but the FMCSA has the authority to remove any ELD that does not comply with regulations.

Next steps for commercial carriers

Commercial carriers who use these FALCON or KSK devices must replace them with compliant ELDs before November 13, 2023, and:

  1. Stop using the two revoked devices,
  2. Switch to paper logs/logging software until compliant hardware is installed, and
  3. Look out for notice from FMCSA if these devices become compliant again.

ELD providers who correct device deficiencies are placed back on the list of registered devices, and FMCSA informs the industry when revoked devices are compliant again.

ELD compliance standards

During the 60-day replacement period, the FMCSA has instructed safety officials to review affected drivers’ hours-of-service data using logging software, paper logs, or the ELD display.

The FMCSA has encouraged safety officials not to cite drivers who use the revoked ELDs for “No record of duty status” (395.8(a)(1)) or for “Failing to use a registered ELD” (395.22(a)).

However, after November 13, 2023, any motor carrier that continues to use the revoked FALCON or KSK devices will be considered operating without an ELD. Drivers will be placed out of service and cited for “No record of duty status” (395.8(a)(1)).

Review the full list of registered devices at https://eld.fmcsa.dot.gov/List.

This article was written by Kathy Close of J. J. Keller & Associates, Inc.

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