Are there exceptions/exemptions to the ELD mandate?
Posted December 18, 2015
Many exceptions to the electronic logging device (ELD) mandate were requested, but only a few were granted in the Federal Motor Carrier Safety Administration’s (FMCSA) final rule.
FMCSA’s final rule, published in the Federal Register on December 16, 2015, includes exceptions to the ELD requirement for short-haul drivers, drivers involved in driveaway-towaway operations, and vehicles manufactured before model year 2000.
The short-haul exception applies to drivers who use the 100 air-mile radius exception or 150 air-mile radius (non-CDL short haul) exception, located in Sections 395.1(e)(1) and 395.1(e)(2) of the Federal Motor Carrier Safety Regulations (FMCSRs). Short-haul drivers who use these exceptions are exempt from the logging and ELD requirements, as they are allowed to maintain a simplified time record showing the time they report for and are released from duty each day, and their total number of hours on duty.
There is a provision within this exception to the ELD mandate that requires drivers who don’t qualify for the short-haul exception they usually follow on more than 8 days within any 30-day period to use an ELD.
In other words, under the current short-haul exceptions, if a driver cannot meet one of the criteria of the exception he/she is using and is required to maintain a paper/grid log on more than 8 days in any 30-day period, use of an ELD is mandated. Note that the 30-day period is a period of any 30 days and is not a calendar month.
Drivers involved in driveaway-towaway operations when the vehicle being driven is part of the shipment are also excepted from the ELD requirement. This exception only applies to a driveaway-towaway operation where the commercial motor vehicle being driven is the commodity. These drivers are required to maintain a paper/grid log and retain applicable supporting documents.
FMCSA also included an exception to the ELD mandate for drivers operating commercial motor vehicles older than model year 2000 as identified by the vehicle identification number (VIN) on the vehicle. FMCSA found that pre-2000 model year vehicles may not allow the ELD to connect easily to the engine.
Drivers of these are required to maintain a paper/grid log and retain applicable supporting documents.
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