Most of the affected transportation stakeholders have by now at least heard of the FMCSA's new Electronic Logging Device (ELD) mandate. Some of you probably are way ahead of the curve in preparation for ELDs, while others might still wonder if it even applies to your business. Our two-part blog series—followed by a two-day workshop in March—will address the basics and alleviate the concerns of anyone who is confused by the regulation.
Today's topic: the WHO and WHAT of the ELD mandate.
The ELD mandate applies to motor carriers and drivers who are required to keep records of duty status (RODS) on paper or with an Automatic Onboard Recording Device (AOBRD) under the current hours-of-service (HOS) regulations. Drivers who use the timecard exceptions and don't keep paper RODS will not be required to use ELDs.
Motor carriers include all businesses that currently use commercial vehicles "in commerce," engaged in interstate transportation. The short answer is: if you have to log now you will need to consider an ELD in your future.
As with every regulation there are exceptions, but for ELDs the exceptions are limited. The following drivers may continue to use paper RODS:
- Drivers who are required to keep paper RODS for no more than 8 days during any 30-day period
- Driveaway-towaway drivers (transporting a vehicle for sale, lease or repair), provided the vehicle driven is part of the shipment
- Drivers of vehicles manufcatured before model year 2000
Given those three exceptions, you will notice that small fleets, your existing vehicles (does not only apply to new vehicles), "small" CMVs (non-CDL vehicles), leased or rented vehicles and "non-trucking" entities are not given a pass. If you are strictly an intrastate carrier you will have to check with your home state to see if it adopts the regulation in its entirety. Wisconsin, for example, adopts the rule by inference but is now deciding how to apply ELDs for carriers.
Many of the answers will continue to be fleshed out over the next few years.
The type of device you choose will also be mandated.
The FMCSA requires ELD manufacturers to certify and register their product. Each device has to meet certain specifications as set forth by the rule. The technnical specifications are supposed to help manufacturers develop compliant, standardized ELDs that will allow for effective recordkeeping with appropriate access control. The standards will support driver privacy and help prevent driver harassment as well as enable compliance certification and provide for resistance to tampering. They will also provide consistent ways for safety offiicials to access ELD driver data when needed.
What does all this mean to the ELD shopper? Bascially, you will have to pick from a certified ELD vendor in order to be compliant. Approved devices will eventually be listed on the FMCSA website, but don't expect that listing to appear until at least mid-February of 2016.
Keep Reading - Part 2:The WHEN and the WHY (and What We're Doing to Help).