August 29, 2017

CVSA to Enforce Out-of-Service Criteria from April 01, 2018

The CVSA, along with the FMCSA, has agreed on a phased-in approach for the ELD implementation process.

According to the latest announcement by the CVSA, the ELD implementation date is still December 18, 2017. However, vehicles will not be put out of service for not complying with the mandate until April 01, 2018.

One important thing to note here is that inspectors, at their discretion, will still issue citations for not having electronic logging devices after the December 18, 2017, ELD mandate deadline. Drivers could also be fined. However, the only difference is that drivers will not be put out of service.

Duane DeBruyne, an FMCSA spokesperson, explained it in the following words:

“After Dec. 18, 2017, if you don’t have an AOBRD or ELD the violation will be cited, and a driver could be fined, but they won’t be put out of service. Companies that continually violate the rule could be subject to federal investigation as well.”

The CVSA, which has previously used similar phased-in approaches when implementing significant changes in regulatory requirements, says that it has notified the Federal Motor Carrier Safety Administration of the new enforcement plan that requires citations and fines after December 18, 2017, and out-of-service criteria (OOSC) enforcement in April 2018. The FMCSA has confirmed the CVSA’s enforcement plans.

Moreover, the FMCSA also stressed that the delay in OOSC enforcement does not affect the ELD mandate deadline.

To summarize, here are a few important points to remember:

  • The ELD mandate deadline is still December 18, 2017.
  • After December 18, 2017, inspectors — at their discretion — will issue citations and fines for not having electronic logging devices.
  • However, vehicles will not be put out of service after December 18, 2017.
  • After April 01, 2018, inspectors will start placing commercial vehicles out of service for not having compliant ELDs.
  • Companies who continually violate the rule could be subject to federal investigation.
  • This announcement does not affect enforcement of the OOSC for Hours-of-Service violations.
  • Companies can use AOBRDs until December 16, 2019. The AOBRDs must meet the requirements of 49 C.F.R. 395.15.

According to the CVSA announcement, the slight delay in the OOSC enforcement “will provide the motor carrier industry, shippers, and roadside enforcement community with time to adjust to the new requirement before vehicles are placed out of service for ELD violations.”

Here is the letter that the CVSA sent to the FMCSA. If you want to learn more about the mandate, read our quick guide to the ELD mandate.

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