During the Federal Motor Carrier Safety Administration (FMCSA) Southern Regional Road Show, the new policy was brought up as safety officials discussed the upcoming ELD mandate and its implementation.
Earlier this year, the CVSA had announced that truckers without ELDs after December 18, 2017, won’t be placed out of service until April 1, 2018. They will be, however, cited and fined.
“The Commercial Vehicle Safety Alliance supports moving forward with the compliance date as specified in the rule. However, setting an April 1, 2018 effective date for applying the ELD out-of-service criteria will provide the motor carrier industry, shippers, and the roadside enforcement community with time to adjust to the new requirement before vehicles are placed out of service for ELD violations.”
You can read the CVSA’s full statement here.
The CVSA’s statement was affirmed by an FMCSA Spokesperson Duane DeBruyne who said that those found without an FMCSA-registered electronic logging device or AOBRD solution after December 18 “will be cited, and a driver could be fined, but they won’t be put out of service.”
“Companies that continually violation the rule could be subject to federal investigation as well,” DeBruyne added.
Other officials at the event also said that inspectors will exercise some amount of discretion in issuing citations as the ELD mandate takes effect.
ELD Violations Won’t Have an Effect on the Safety Measurement System
The FMCSA Field Administrator Jon Dierberger said that drivers found operating without electronic logging devices or FMCSA-registered AOBRDs after the compliance deadline will be cited.
However, Dierberger also mentioned that the citation would not affect the Safety Measurement System (SMS) ranking.
Note: For an AOBRD to be compliant or grandfathered, the device needs to be used before the ELD rule’s implementation date. By December 16, 2019, only ELDs that meet the FMCSA’s requirements set under 49 C.F.R. 395.15 will be deemed compliant.
ELD Mandate Objections Addressed
The FMCSA Deputy Administrator Cathy Gautreaux, who attended the public meeting, talked about the continuous objections to the ELD mandate and the desire of small-fleet owners for an extension of the deadline.
“FMCSA recognizes motor carriers, particularly independent and small motor carriers, want an extension. FMCSA cannot arbitrarily change the compliance date of December 18,” Gautreaux said.
Gautreaux stressed that the final ELD rule was published in 2015 and the mandate does not, in any way, revise the Hours of Service rules and anything related to it. Therefore, Gautreaux added, there is no reason to revise or delay the deadline.
Gautreaux said that the FMCSA has been training safety officials in each state since last month so that all jurisdictions would be ready for implementing the ELD mandate.
The ELD rule will be implemented next month. However, nearly one million truck drivers are still without ELDs.
This may lead to increased demand, higher ELD prices, and an ELD supply shortage.
Make sure that you have installed electronic logging devices before the compliance deadline. If you haven’t implemented ELDs yet, try KeepTruckin.