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Proposed ELD Rule Released
Finalizes Requirements and Specifications
The long awaited revised rule on Electronic Logging Devices (ELD’s) and supporting documents has been released. This notice of proposed rulemaking modifies an earlier effort that ran into trouble because it did not address the issue of harassment. The major points of the proposed regulation are:
• Applies to all drivers who currently fill out a paper log
• Contains new technical specifications
• Clarifies supporting document requirements
• Provides provisions to prohibit acts of harassment
The comment period extends until the end of May. After that FMCSA will compile the responses and draft their reaction. It’s possible that the final rule could be published yet this summer but that would be a very quick turnaround. It does seem likely that we could see it before the end of the year. Once the final rule is published compliance will be mandatory two years from that date.
What about carriers who have already installed electronic logging devices? They can continue to use those devices but must update them to comply with the new regulations within two years after the mandatory compliance date. That in effect gives them four years after the final rule is published to come into compliance.
FMCSA was careful to include language in this proposal to address the issue of motor carriers using ELD data to harass a driver. Harassment is defined as using information from an ELD or other technology to induce a driver to continue driving even if they feel ill or fatigued or if continued operation might cause them to violate the hours of service. Drivers who feel that this has occurred will have 60 days to file a written complaint with FMCSA.
The ELD technical specifications talk about driver login. They’ll use their name and complete CDL number and state. The unit must be tied into the truck’s ECM (electronic control module) and will record the following information at each change of duty status and at 60 minute intervals if there is no change:
• Time
• Location
• Engine hours
• Odometer reading
The units must be disabled when the truck is moving so that the driver cannot input information. The functions of an ELD can be incorporated into other tracking and optimization devices such as Qualcomm. Tracking of driving time occurs automatically each time the truck moves. Once the truck stops for 5 minutes the device will default to on-duty-not-driving unless the driver chooses another option.
There is an option for personal use of the vehicle which also degrades the location tracking from a 1 mile radius to a 10 mile radius. There’s also an option for “yard moves” which allows the truck to be moved within a terminal by spotters, dock workers or maintenance personnel without tracking hours of service. If the device fails then the driver must revert back to a paper log and can continue doing that for eight days. To go beyond that limit requires an extension granted by FMCSA. It’s not very likely that FMCSA will grant very many of those.
The driver has the ability to make annotations and corrections. The motor carrier has the ability to suggest corrections or annotations but those modifications can only be completed by the driver. It’s the driver’s responsibility to certify the record as being accurate. Changes don’t alter the underlying data but serve to alter how that data is applied to tracking the hours of service. For example, if a driver takes their 30 minute break but forgets to change to off duty they can correct that. No one has the ability to alter truck movement and location data.
Drivers who currently use the short haul logging exemption can use a paper log up to 8 times in a 30 day period. However, once they exceed that threshold they must use an ELD for any subsequent day that they exceed the short haul exemption requirements. This is intended to be a rolling 30 day period not a calendar month. Motor carriers will not be required to keep supporting documents for driving time but must retain documents relating to on-duty-not-driving time. For each 24 hour period that a driver is on duty the carrier must retain not more than 10 documents from 5 categories:
• Bills of ladings or equivalent documents that show origin and destination
• Dispatch records, trip records or equivalent documents
• Expense receipts
• Electronic mobile communication records
• Payroll records or equivalent documents
All supporting documents must be kept if the cap of 10 documents is not met. Drivers have eight days to submit supporting documents. For any day that a driver uses a paper log toll receipts must also be retained. The current policy on retention stays in effect until the mandatory compliance date of the new regulation which will be two years from the publish date of the final rule.
One of the issues surrounding on-the-road enforcement was how an officer would be able to view the ELD data. There is no requirement that the devices be capable of printing out information. The proposed rule imposes standards for software that enforcement officials will use to download information from the ELD. In fact one of the requirements is that they accomplish this without entering the truck.
FMCSA was very clear in the preamble to the regulation that they’re taking this action to reduce falsification of driving time. Some carriers who are already using these devices are reporting not only improved regulatory compliance but also improvement in efficiency as well. The regulation mandates certain basic recording requirements but the devices can also collect a much broader spectrum of data that can be used to promote business and fuel efficiency as well as safety.
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