Education plays an important role in the growth of the trucking industry. An outline is provided that presents the final FMCSA ELD – Electronic Logging Device rule that has been released to the industry. The rule has been established with the intent to help create a safer work environment for drivers, and make it easier, faster to accurately track, manage, and share records of duty status. This outline is provided as a reference to the ruling. A link to the full ruling can be found at: at https://www.gpo.gov/fdsys/pkg/FR-2015-12-16/pdf/2015-31336.pdf
Effective Date: February 16th, 2016 is the date 60-days after the rule’s publication in the Federal Register.
Compliance Date: December 18th, 2017 is two years from the publication date.
Phase 1 - Awareness and Transition Phase: two year period following publication of the ELD rule 2/16/2016 to 12/18/2017. During this time carriers and drivers subject to the rule should prepare to comply and may voluntarily use ELDs. Carriers and drivers subject to the rule can use any of the following for record of duty status (RODS):
- Paper logs
- Logging software
- ELDs that are registered and listed on the FMCSA website
Phase 2 – Phased-in Compliance Phase: the two year period from the Compliance Date to the Full Compliance Phase (four years following ELD rule publication) 12/18/2017 to 12/16/2019. Carriers and drivers subject to the rule can use the following for records of duty status (RODS):
- AOBRDS that were installed prior to December 18th, 2017
- Certified, registered ELDs following rule publication December 16th, 2015
Phase 3 – Full Compliance Phase: After December 16, 2019 all drivers and carriers subject to the rule must use certified, registered ELDs that comply with requirements of the ELD regulations. List of certified, registered ELDs will not be available until a February 16th, 2016
Motor Carriers must retain up to 8 supporting documents for every 24-hour period a driver who uses ELDs is on duty. Documents must be retained for a period of at least 6 months. Documents should contain these elements:
- Driver name or carrier-assigned ID number, either on the document or on another document enabling the carrier to link the document to the driver, or the vehicle unit number if that number can be linked to the driver.
If a driver has fewer than eight documents that include the four elements, a document that contains all of the elements except time is considered a supporting document; otherwise it is not considered a supporting document. If a driver submits more than eight documents to the motor carrier for a single day, then the motor carrier must include the first and last documents for that day among the eight documents that must be retained. If a driver submits fewer than eight documents, the motor carrier must keep each document. Supporting documents consist of five categories:
- Bills of lading, itineraries, schedules, or equivalent documents that indicate the origin and destination of each trip
- Dispatch records, trip records, or equivalent documents
- Expense receipts
- Electronic mobile communication records, reflecting communications transmitted through a fleet management system
- Payroll records, settlement sheets, or equivalent documents that indicates payment to a driver
*Toll receipts are not required to be retained, only if a driver is using paper RODS
**all information contained in an electronic mobile communication record, such as communication records kept by an FMS, will be counted as one document per duty status day.
Integral Synchronization – interfacing with the CMV engine ECM, to automatically capture engine power status, vehicle motion status, miles driven, and engine hours.
- Recording Location Information – require automated entry at each change of duty status, at 60-minute intervals while CMV is in motion, at engine-on and engine-off instances, and at beginning and end of personal use and yard moves.
- Graph Grid Display – must be able to present a graph grid of driver’s daily duty status changes either on a display that can reasonably be seen from outside the vehicle or on a printout
- HOS Driver Advisory Messages – HOS limits notification not required (like 30 minutes until violation, etc.)
- “Unassigned driving times/miles” warning to be provided upon login.
- Device Default Duty Status – on-duty not driving, when CMV has not been in-motion for 5 consecutive minutes, and driver has not responded to an ELD prompt within 1 minute. No other non-driver initiated status is allowed.
- Clock Time Drift – ELD must be synchronized to UTC, absolute deviation must not exceed 10 minutes at any point in time.
- Communications Methods: both types must be capable of displaying a standardized ELD data set to authorized safety officials via graph display or printout.
- Telematics: as a minimum, the ELD must transfer data via both wireless web services and wireless email
- Local transfer: as a minimum, the ELD must transfer data via both USB 2.0 and Bluetooth
- Resistance to Tampering – ELD must not permit alteration or erasure of the original information collected concerning the driver’s ELD records or alteration of the source data streams used to provide that information. ELD must support data integrity check functions.
- Identification of Sensor Failures and Edited Data – must have the capability to monitor its compliance for detectable malfunctions and data inconsistencies. Must record these occurrences.
Harassment / Coercion
A motor carrier can only be found to have committed harassment if the driver commits a specified underlying violation based on the carrier’s action and there is a nexus to the ELD.
Devices – Terminology
No devices or technologies for HOS compliance in the marketplace to date comply fully with the vacated 395.16 requirements. However, the characteristics of many systems and devices probably came very close to meeting those requirements and may have been able to become fully compliant with some relatively minor technological changes.
- ELD or electronic logging device is defined as a device that is capable of recording a driver’s hours of service and duty status accurately and automatically; and meets the requirements established by the Secretary through regulation.
- ELD records reflects the move from paper logs to electronic records recorded on an ELD. The term ELD records include all the data elements that must be recorded by an ELD under the technical specifications.