Everything You Need to Know NOW about ELD Mandate Out-of-Service Guidelines

Equally if being ELD Compliant by December 18, 2017 wasn't enough, the electronic logging device mandate has added several new out-of-service criteria into the mix for trucking companies to follow. Specific violations of the ELD mandate can lead to out-of-service punishments for drivers, rigs, and fleets.

The Commercial Vehicle Rubber Brotherhood issued the 2017 edition of its out-of-service criteria handbook. To reference the latest edition direct, you lot can purchase the latest version of the handbook directly from the CVSA website. Both electronic and hard re-create versions of the book are available.

The handbook outlines the criteria in detail. To make information technology easier, you tin become the gist of information technology here:

FACT #one: ELD MANDATE OUT-OF-SERVICE ENFORCEMENT BEGINS APRIL 1, 2018

While the Federal Motor Carrier Condom Administration plans to offset citing and potentially fining truck drivers for ELD violations on Dec xviii, 2017, these early on citations will not upshot in drivers or their vehicles being put out of service. Instead, the CVSA has informed the FMCSA of its intention to kickoff enforcing ELD-related out-of-service guidelines subsequently. Out-of-service orders for ELD non-compliance will not begin until April 1, 2018.

FACT 2: In that location IS A REASON FOR THE DELAY

The CVSA is intentional almost leaving a iii-and-a-one-half-month gap between the implementation of the ELD mandate and out-of-service enforcement. This gap is meant to serve as a grace period. It allows businesses and drivers in the motor carrier industry fourth dimension to get used to the new requirements before the harshest punishments enter the equation. CVSA has used a similar grace flow strategy in the past, to assist ease the transition process into new industry regulation.

FACT 3: GRACE Menses DOES Not Hateful COMPLIANCE IS FLEXIBLE

While the CVSA will not immediately start issuing out-of-service violations for vehicles that are non compliant with the ELD mandate, that is not an alibi for truckers or fleet companies to condone the rules.

The ELD mandate went into effect on December 18, 2017. Any trucks discovered to exist operating without electronic logging devices or automatic onboard recording devices later that date will be cited. Even though no authority will be permitted to put a vehicle out of service for ELD violations to offset, that doesn't mean the punishments will not exist pregnant. Citations for mandate violations volition still carry weight, and fines could exist substantial.

In fact, the FMCSA has said that companies found to be consistently violating the ELD mandate could face a federal investigation. Such consequences were on the table even earlier full ELD out-of-service enforcement went into effect.

FACT #4: THE ELD MANDATE OUT-OF-SERVICE CRITERIA IS Gear up

Because electronic logging devices will essentially exist rewriting the rulebook on truck logbooks, the CVSA has had to revise its guidelines accordingly. In the past, for example, not having a logbook was considered an hours' worth of service violation, justifying placing a truck or driver out of service. With the ELD mandate, trucking logbooks have been transitioned to an electronic format. As a result, fifty-fifty nether the erstwhile guidelines, a truck without an ELD could be considered in violation of one hour of service criteria—at to the lowest degree, if the trucker could non present some form of logbook.

Going forrard, traditional logbooks volition no longer be the source of information on hours of service compliance or violation. Instead, electronic logging devices will be responsible for logging hours of service. As such, a truck without an ELD and no way to provide an authentic service log volition exist considered as a violation of hours of service guidelines. That truck would probable exist placed out of service for the breach.

FACT #v:  MOST OF THE CRITERIA ARE JUST Language UPDATES

About of the updates to the CVSA out-of-service criteria are just language updates to reflect the new role of technology in the trucking industry. Under the new rules, the absenteeism of an ELD is no longer an implied violation of hours of service criteria. Instead, the new rules concretely constitute that trucks must have ELDs installed to avoid contraventions and out-of-service consequences.

The new, rewritten CVSA out-of-service criteria include:

  • Drivers and carriers constitute to be using ELDs not authorized past the FMCSA will be considered to have "no record of duty status."
  • Drivers who cannot produce or transfer data from an ELD or automated onboard recording device when asked to do so by an authorized enforcement official will exist cited for having "no record of duty condition."
  • Drivers who practice experience technical difficulties with their ELDs or AOBRDs must reconstruct the logs for the malfunctioning devices. The reconstructed logs must include both the current 24-60 minutes bicycle and the previous 7 days of activity. If a driver cannot reconstruct these records, he or she volition be cited for "not having the previous seven days of logs."
  • Carriers must repair malfunctioning ELDs within 8 days of the origination of the problem. If a carrier is unable to comply with this requirement, and then it must obtain an extension directly from the FMCSA Division Administrator. Failure to follow these steps will consequence in the commuter of the truck in question being cited for having "no record of duty status."
  • The ELD mandate requires drivers to log into their electronic logging devices at the commencement of drive time (and log back out once drive time concludes). If a driver fails to log into the ELD as required past the mandate, he or she will confront a commendation for having "no record of duty condition."
  • Drivers who practise not have ELDs installed on their vehicles will exist cited for having "no record of duty status." In that location is an exception if the truck is equipped with an automatic onboard recording device. Every bit mentioned earlier in this blog, trucks already equipped with earlier AOBRDs are exempt from having to upgrade to ELDs until November xxx, 2019. For these vehicles, not having an ELD would non be considered equally an out-of-service violation until December 17, 2019.
  • Drivers who indicate a special driving category on their ELD when not involved in that activity will be cited for having false driving logs.

What do the new criteria mean?

The main takeaways from the new out-of-service criteria include the following:

  • Drivers and carriers have a personal stake in making sure that their ELDs are authorized and fully compliant with FMCSA standards. In the eyes of the CVSA, having a non-compliant ELD is non any different from having no ELD at all. You cannot bear witness compliance with hours of service guidelines with an unauthorized ELD unit.
  • Drivers who notice technical difficulties with their ELDs need to be vigilant about getting the devices fixed as quickly equally possible. "Non having enough time" to address the issue is not going to exist a suitable excuse to enforcement officials. Drivers who want to stay on the road and avert citations or out of service orders demand to be cognizant of issues with their ELDs and study/fix those problems as chop-chop as possible. You cannot refute an hour of service violation without a functional device to track your driving logs.
  • Drivers need to get into the habit of logging in and out of their electronic logging devices every bit the ELD mandate requires. Just like a broken ELD is non going to be a valid excuse to avert a violation, a driver saying they "forgot" to follow protocol is not going to assist their case. One of the benefits of the belatedly implementation of out-of-service violation enforcement is that it will give drivers the time to go used to using their ELDs. Drivers and carriers should use that time to adjust to the new rules and figure out how to remind themselves of necessary compliance steps. Later on the ELD mandate goes into place, declining to log into an ELD volition be considered the equivalent of driving routes without filling out a logbook.
  • If your carrier is planning to adopt or go on using AOBRD to extend ELD compliance until Dec 2019, it should double check that the AOBRD in question is recognized past the government. An unrecognized AOBRD could outcome in a "no record of duty condition" violation and the accorded out-of-service social club. Yous can learn more than about automatic onboard recording devices on the FMCSA website.

Reviewing these takeaways should assist truck drivers and carriers sympathize what they need to practise to ensure 100% compliance with the ELD mandate. Creating a checklist based on these items will drastically reduce the chances of your carrier facing an out-of-service violation.

FACT #6: OUT OF SERVICE PENALTIES Can BE Upwards TO 10 HOURS

Drivers and trucks tin can be placed out of service for upwards to ten hours for each violation of the updated CVSA guidelines. For a driver, truck, or carrier with repeated violations, that time off the road volition add upwards. Carriers are much improve off making certain that their trucks are equipped with ELDs and otherwise compliant with FMCSA guidelines. While the process will likely be something of a hassle initially, information technology should lead to less paperwork, more accurate logging, and safer roads for everyone.

FACT #7: THE LEARNING CURVE Tin can BE STEEP

One of the big concerns nearly the ELD mandate for drivers is the learning curve involved. While information technology's easy to simplify the mandate into a unproblematic "y'all must accept an electronic logging device installed on your truck by this date" conversation, installation is but the first step. In one case the device has been implemented, truck drivers will demand to learn how to operate them. While the grace menstruation for out-of-service violations will assistance lower the stakes for ELD mishaps for the first few months, drivers who struggle to get the hang of using ELDs will somewhen be penalized for information technology.

The learning curve may prove to exist quite steep, too, given the amount of command that drivers volition take over information edits. The arrangement won't merely track everything, send it to the armada admin or back office, and leave the driver with no responsibility for the logs. With older AOBRDs, fleet admins would often review log data in search of mistakes or inaccuracies. A armada's back function, and so, was responsible for reviewing and logging the terminal version of the log data—not the driver.

That won't be the case going forward. Instead, drivers will take the final responsibility for reviewing and submitting data. Administrators at a driver's home office will be able to review the information and suggest changes. Nevertheless, if the admin spots an inaccuracy and makes an edit in the commuter's log, that won't be the end of it. Instead, the data will ping back to the device, which will prompt the commuter to accept or reject the modify. Drivers need to be aware of this added responsibility and will need to take ownership of their log information like never before.

Even on pinnacle of that, the transition is likely to take a lot of time—and be something a hassle for fleets and drivers alike. Fleets will need to research ELDs, choose a provider, set aside fourth dimension to install the devices on every single truck, and figure out training. Drivers will need to be out on the road, putting their training to use and learning how to utilize their ELDs (and avoid any associated violations).

The best bet for fleets is to hire a third-party company or bring in personnel that can handle the training process. In addition to grooming drivers, fleets should train their managers, dispatchers, office workers, and anyone who might interact with these systems. (Read: fleets should railroad train everyone.) That mode, at that place will always be someone in the office that a driver tin call to enquire a question. Furthermore, the fleet will have personnel in-house who tin handle training of new employees later.

How long will all these steps take? It depends on the fleet, the number of drivers, and how geographically spread out everyone is. To exist safe, fleets should leave a few months to choose their systems, implement them, and get everyone trained.

Is your fleet or rig ready to exist DOT compliant with the ELD mandate?

It improve be… because your time is running out.

ELDs, otherwise known equally Electronic Logging Devices, take been in employ in the trucking industry for 20 years. But it wasn't until 2012 that the United states of america Congress passed a bill that required the FMCSA (Federal Motor Carrier Condom Administration) to create an ELD mandate for installing such devices in all American commercial trucks.

In Dec 2015, the FMCSA released a 516-page ruling requiring ELDs. And despite a challenge from the Owner-Operator Independent Drivers Association that'southward been appealed all the way to the Supreme Courtroom, that ELD mandate looks likely to stay in identify.

There was some promise that the incoming Trump Administration's freeze on authorities regulations would halt information technology — just that hasn't happened then far. And at that place seems to have been no motion to address it at the federal level.

The ELD Mandate Came Faster Than Anyone Idea It Would

What this all meant is that by Dec 18th, 2017, your rig or your armada's rigs will have had to arrange to the ELD mandate.

No matter how big your company is, or if y'all're an individual owner operator, if your truck was made after the year 2000, you drive more than a 150-mile radius from your point of origin, and you go along more than 8 log book records in a month, you are targeted for compliance.

However, compliance is not as costly or every bit complicated as the opponents of the ELD mandate have made it seem.

Let's take a look at what some of the more prominent myths nigh electronic logging devices were and uncover what the truth equally turned out to exist.

Myth #1: They Cost likewise Much

Are ELDs cost-prohibitive?

As information technology turns out, they in one case were, a few decades ago when the prototypes first made their way onto the market. But fifty-fifty then, when these devices cost five times as much as they practise today, fleets nonetheless took a chance on them, figuring to make up their initial layout in saved fuel costs, insurance premiums, paperwork, and human being hours.

Equally with everything else tech related, the price of the ELDs has become quite affordable: the average hovers somewhere around $500 per vehicle and a monthly ELD subscription fee that lands somewhere around $30.

FMCSA estimates actually show a savings of $700 a year on boilerplate in bypassing the old logbook method. Add together the government's estimate of 15% less vehicle downtime and 20 man hours a year gained by not filling out logs, and the savings become apparent.

Myth #ii: They Make it Harder to Drive

One rumor that spread quickly among truckers opposed to the ELD mandate was that it would crave on-route driver interaction with the devices, which was seen equally existence possibly distracting, dangerous, or worse, like texting while driving.

In actual fact, drivers are required to log in as "on duty" earlier their vehicle gets on the road. They're also required to log dorsum in equally "off-duty" or in a sleeper booth whenever their drive fourth dimension is upwards — but at that point, they should be off the route anyway.

Considering it's continued directly to the engine, the ELD will know if they're non off route; therefore, it's impossible to even modify your condition while driving.

The just interaction with truckers is one-mode… and that's when the ELD begins the countdown of available route hours. This can be done audibly or visually, depending on what'south nigh comfy for the commuter, but no trucker should have to physically interact with his ELD in any way while he's rolling.

Myth #iii: ELDs Send Reports to the Feds

Much similar GPS technology, the monitoring system inside the ELD has inspired a lot of paranoia in some truckers who fear that any HOS (hours of service) violations they commit will observe their way direct to the government.

ELDs exercise log these violations, and a really good one should take a warning system that will inform the trucker long before he accidentally commits one. But in betoken of fact, your ELD information is non automatically seen by anybody except the employees at your company who would be looking at your paper log volume anyhow.

What the ELD will practice, however, is save you a lot of time when someone does need to look at your logs; for instance, a country trooper or someone that'south conducting a roadside inspection.

The DOT protocol for an audit of your visitor'southward paperwork is exactly the same process, except the info has already been recorded and standardized across the board. It means you'll be dorsum on the route much sooner than if you had to nowadays a agglomeration of paperwork!

Myth #four: They Pinpoint You at All Times

As well, drivers don't like to have the feeling that their ELD is monitoring their rig at all times, 24 hours a day, 7 days a week, no matter where they are or what they're doing.

The adept news is, ELDs don't do that.

Once more, merely your fellow employee at the trucking company will know the location of your vehicle — and when you're in off-duty mode, the device will just pinpoint yous within 10 miles of your bodily location.

This is great for when you're using your rig for personal reasons on your ain time. Y'all tin can be pinpointed inside a mile while on duty, but that's just natural.

Myth #5: ELDs tin Shut Down Trucks

Because it connects directly to your truck'due south engine, unlike early prototypes of the ELD, the modern version has been accused of beingness able to close downwardly a truck'south engine entirely when it's in violation.

Some ELD manufacturers actually exercise comprise shut downwardly technology — but these are few and far betwixt. Also, and this is the of import part, then pay attention — the federal ELD mandate does non require an ELD to accept this capability.

If your company insists on using an ELD that can shut down your engine, file a protestation, or find a better visitor to piece of work for. An ELD should only monitor stats like speed, mileage, hours, driving habits, and location.

Myth #6: They Don't Preclude Crashes

Certain segments of the anti-ELD community pushed dorsum hard against the notion that this technology actually makes driving safer, just the inquiry has been done for twenty years, and the numbers are in.

Rigs equipped with ELD devices have demonstrated a 5% reduction in preventable crashes and a nearly 12% reduction in all crash rates, which the regime estimates will foreclose 562 injuries and nigh 30 fatalities on a yearly ground.

This is partially due to the fact that ELDs cut hours of service violations virtually in half by keeping drivers off the route when they shouldn't be on information technology.

It's not true, nevertheless, that the ELD specifically stops the truck physically, or prevents drivers from making mistakes in traffic past preventing lane changes or speeding. What it will exercise is log bad driving practices for the books.

Again, only your visitor will know.

Myth #vii: They Don't Save Money

Some other button back from the anti-ELD oversupply was to practise with finances. The system was sold to companies in the offset identify on the basis that it would save their fleets coin, and while the process is incremental, it does produce results.

Nosotros've already seen ELDs replace the trucker'due south quondam paper log books past directly tracking how many hours the rig in question is on the route, but by as well alerting the driver when his shift is near its end, you tin can salve a company a lot of money in fines and penalties.

In the same way, newspaper log books used to require that a commuter round upwards his shift to the nearest fifteen minutes, whereas the far more than accurate ELD system tracks driving time right down to the second.

Information technology doesn't seem like much. Only those niggling increments of fourth dimension add up, just like those fractions of a penny in Office Space.

The federal government estimates that for each and every rig currently on the road, most 10% of its annual fuel bills are spent by existence idle, money shot into the air of a parking lot or dock somewhere. For every $lxx,000 spent on gas per year, the ELD can save each rig nearly $6,000.

Myth #8: ELDs are But for Large Fleets

In that location'due south was a lot of business that the ELD mandate was bound to cutting out the little man — specifically, the individual possessor-operator. In some farthermost cases, rumors were spread that minor trucking concerns wouldn't need to use ELD at all.

The fact is, every commercial trucking performance that fits the criteria described earlier in this commodity volition needed to be compliant under the new ELD mandate. But because money is saved on every single rig, even a small outfit of less than 20 trucks will even so benefit.

No affair how big an functioning you lot're running, the money you'll relieve on paperwork, inspections, fines, penalties, and fuel from bad driving practices will more than outset any hours or miles you lot lose from complying with federal HOS regulations.

Myth #9: A Smartphone Works Only likewise

The advent of contempo ELD technology has proven disruptive for some drivers, who assume their smartphone tin can practice only as skilful a chore with its GPS in identifying when and where the truck is rolling at whatsoever given time.

But no affair how advanced your smartphone is, it can't connect to your truck's engine and track things such as excessive braking and acceleration. much less the number of miles you travel.

It'southward a moot point anyway, as the FMCSA won't recognize smartphone data as a substitute for the ELD mandate.

The good news is that your smartphone can help! While its GPS data won't exist plenty to get you off the hook in case of a violation, some ELDs accept free mobile apps that piece of work with the device in question to brand it even easier to operate.

A good ELD mobile app, when synchronized with an ELD already installed in your vehicle, will allow you to update your duty status from anywhere easily, take care of your inspection reports, and greatly simplify and speed up DOT inspections by saving your ELD logs for the by viii days.

However, the government will only allow you to use that app if it is part of a recognized ELD device.

ELDs: Don't Fear the Future

The December 2017 ELD mandate is definitely presented a new claiming for the trucking industry past enforcing strict rubber guidelines, both in scheduling and driving.

If yous already have an earlier automatic onboard recording device, or AOBRD, recognized by the government, you have until Nov 30th, 2019 to switch over to the modern ELD device in gild to run into the ELD mandate.

Truth be told, in that location's no reason to be afraid of the time to come.

Electronic logging devices connect to your truck's engine in order to record when the truck is in motion. It pinpoints the truck to within a radius of ane mile when the driver is on duty, just simply x miles when the driver is off duty.

It records the status of a driver, whether he's on or off duty, driving or not, or sleeping. It keeps track of the available legal hours he is allowed to be on the road and warns him when that limit is most to exist reached.

Information technology takes that information and saves it in a format that is easily accessible and visible just to the employee at the trucking visitor who monitors such data.

It is not automatically presented to anyone else. It is simply seen during an inspection, law enforcement stop, or an inspect. That's it.

The ELD Mandate Isn't a Crisis, Information technology'due south an Opportunity

Withal, compliance is mandatory. Federal fines and penalties for non complying with the ELD mandate can exist stiff.

In that location's absolutely goose egg to exist gained past waiting any longer in outfitting your truck or fleet with an electronic logging device. Information technology will not only brand you compliant when the full mandate goes into effect, it will start saving you money, paperwork, fuel and manhours in the meantime!

Embrace the future of a safer, saner, more than honest, and more efficient logging system… and start outfitting with ELDs today!

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