ELD Update: Full Mandate in Effect on April 1

  Electronic Logging Device (ELD) mandate became effective on December 18, 2017 but the law enforcement agencies have been observing a soft enforcement since that date. Now, full enforcement will be hitting hard on April 1. In this blog, we will review what full enforcement entails and some exemptions to the rule.

Overview

The ELD mandate was developed to help create a safer work environment for drivers by reducing the amount of driver fatigue that leads to unsafe roads. Additionally, ELDs will make it easier and faster to accurately track, manage, and share records of duty status (RODS) data. On December 18, 2017, the mandate went into effect and law enforcement agencies began observing soft enforcement of the mandate. This means that if you are pulled over or inspected and are not operating with an ELD, you will not be placed out of service and your CSA score will note be impacted. Beginning April 1, this will no longer be the case.

Full Enforcement of the Mandate

On April 1, full enforcement of the ELD rule will kick in, including assigning of CSA points and the issuing of out-of-service citations. A driver can be placed out-of-service if:
  • The driver is using an unauthorized logging device not registered with FMCSA.
  • The driver is unable to produce and transfer data electronically from an ELD to an authorized law enforcement officer, or to produce the data via the display or print it out. A driver with an AOBRD can be placed out-of-service if unable to display or produce records of duty status.
  • The driver indicates a special driving category when not involved in that category (considered a false log).
  • The driver is required to have an ELD and the vehicle is not equipped with one (or an AOBRD until Dec. 17, 2019).
If placed out-of-service, drivers will remain out of service for 10 hours in accordance with the Commercial Vehicle Safety Alliance criteria. However, some exemptions are in place.

Exemptions

FMCSA announced on March 13 that agriculture-related transportation will get an additional 90 days to comply with the ELD mandate, bringing the full enforcement date for ag transportation to June 18. This will allow for continued outreach with the ag community to make sure they have a full understanding of the ruling and all the requirements of the regulation. Final Guidance on the agricultural air-mile hours-of-service exemption and personal conveyance will be published soon. Additional exemptions include:
  • Drivers who use paper logs RODS for not more than 8 days out of every 30-day period.
  • Drivers with vehicles manufactured before 2000.
  • Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered, or the vehicle being transported is a motor home or a recreation vehicle trailer with one or more sets of wheels on the surface roadway.
  • Drivers of vehicles manufactured before the model year 2000 (as shown on the vehicle registration).
The Truck Renting and Leasing Association has asked U.S. DOT to waive short-term rental trucks from the ELD mandate through the end of 2018. Currently, short-term rentals lasting fewer than 30 days are exempt through April 19.

Current compliancy

For the past six months, a ELD adoption surveys has been conducted across the country. The adoption surveys have continued to be distributed among carriers. As of March 12, ELD compliancy rates sit at 87%. Over the past three weeks fleets operating under 20 trucks are at 85%, compared to 98% for fleets running over 20 trucks. If you want to read more about the ELD mandate, check out our previous blog about the ruling.
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