Despite a lot of resistance, full enforcement of the ELD mandate has finally begun on April 1, 2018.
According to the FMCSA’s ELD mandate, non-exempt commercial drivers need a compliant electronic logging device. If a driver does not have an ELD when required, he will have to face stiff penalties.
No more “soft enforcement.”
In the wake of the full enforcement of the FMCSA’s ELD rule, we have written this blog post that highlights the most important things you need to know.
1. Drivers will be put out-of-service for 10 hours
Between December 18, 2017 (when the ELD mandate became effective) and April 1, 2018 (when full enforcement began), safety inspectors did not put drivers out-of-service for not having ELDs.
That’s not the case anymore.
Now, if a non-exempt driver does not have an ELD when required, he/she will be put out-of-service for 10 hours.
Drivers can also be put out-of-service for using an unauthorized ELD or AOBRD and falsifying logs.
2. Drivers may be allowed to reach their destination
Assuming that the driver has paper logs, he may be allowed to reach his destination and deliver the load after the 10-hour OOS period is up.
According to Joe DeLorenzo, “Once that 10-hour period is up, assuming the driver has at least a paper log, we are going to provide flexibility for that driver to proceed to their final destination and deliver their load.”
3. Drivers can’t start their next trip without an ELD
After delivering the load, the driver must install a compliant electronic logging device. Otherwise, he will not be allowed to start his next trip.
In other words, after returning to duty, drivers must be compliant with the ELD rule before being dispatched on their next trip.
4. Repeated offenses will lead to further actions
If a driver is dispatched again without complying with the ELD rule, the carrier may be subject to further enforcement actions.
5. Impact to CSA scores
Just like the out-of-service criteria enforcement, ELD violations during the “soft enforcement period” did not negatively affect CSA scores.
However, now ELD violations will also impact CSA scores.
Poor CSA scores can hamper your ability to get the best paying loads.
6. Drivers must carry supporting documents
Apart from a compliant electronic logging device, drivers must also have the following:
- An ELD malfunction sheet
- A data transfer sheet that tells the driver how to successfully transfer ELD data to safety inspectors
- An ELD user manual that has instructions for the driver on how to use the device
- Other supporting documents that a driver must provide to the enforcement officer
7. Replacing malfunctioning ELDs within 8 days
In the case of an ELD malfunction, the device must be replaced/fixed within 8 days. However, if it is going to take longer than that, the carrier may request an extension.
According to Joe DeLorenzo, “Technically, if you go over eight days, you are supposed to ask for an extension. For extensions, it really depends on what is happening and why. Our number one concern is: Is the ELD collecting the hours of service correctly? If the device isn’t doing that, clearly we are going to be sympathetic towards giving you an extension.”
He also added, “We are kind of managing those types of issues and I think getting a little more experience with it now that we have had a few. It will go case by case.”
Not all ELDs are compliant
It is important to understand that not all ELDs are compliant — including some devices that are on the FMCSA’s list of self-certified ELDs.
Annette Sandberg, ex-FMCSA head, once said:
“As a former regulator, the biggest concern I have is the number of ELD vendors that are currently on the FMCSA list [of approved vendors] that probably should not be.”
Self-certified does not mean compliant.
You will have to do your own research to find a compliant ELD solution.
Therefore, check third-party reviews as well as user-reviews before purchasing an ELD. The FMCSA’s ELD checklist is also an excellent resource to see if an ELD meets the required standards.
If you want to learn more, read: The post-mandate ELD implementation guide.
Full enforcement has begun, and non-exempt drivers need to be fully prepared and in compliance with the mandate.
If you are still without an ELD, try KeepTruckin. Request a free demo today.
Call 844-325-9230 if you have any questions. Our 24/7 customer support team is always available to help you.
Disclaimer: This information is intended for informational purposes only and does not constitute, and should not be relied upon as, legal or other professional advice. You should not act or refrain from acting based on any materials presented or made available by KeepTruckin without first obtaining advice from a licensed attorney.