SAN ANTONIO — Federal regulators are aware that electronic recording devices supplied by some vendors, which became mandatory on Dec. 18, are not functioning properly so enforcement is being withheld through April 1.
“We are very aware of what is going on. You are not the only one,” said Danielle Smith, a transportation specialist for the Federal Motor Carrier Safety Administration, when asked about an operator’s problems with his electronic recording device (ELD).
She spoke at the solution session, “Ask the Experts on Regulations” during Motorcoach Expo 2018. The session also addressed topics — part-time drivers and off-duty status — that will come under greater scrutiny due to ELD tracking. Hours of service could become a major issue for charter operators.
When a member of the audience asked about recourse to his ELD issues, Smith said, “There are massive property carriers that are having the exact same problem you are. I’m not saying what companies they are. I do know they are working on doing patching.”
Federal rules required motor carriers to begin using ELDs rather than paper driver logs on Dec. 18, 2017. Currently, however, failure of ELD function will not yet place a vehicle or driver out of service or be applied to a carrier’s Compliance, Safety Accountability (CSA) score listed on the FMCSA website, she said.
“Right now we are in a gray area until April 1. Keep the paper logs and keep driving. I would recommend that you send an email to your state director and state that you are having this issue (with your vendor) and you want to put them on alert,” Smith said.
The question was asked by Warren Micale, operator of Master’s Touch Christian Charter Service and Tours of Prescott Valley, Ariz.
“When we switched to the full-ELD program we started getting problems. What recourse do we have with the company that provides this when they give us zero support?” Micale asked. “The last time we called they said we need to have our drivers run paper logs then run in the office, go into the ELD program and put all of their logs in. Why should I have an ELD if I have to have drivers run paper logs?”
One of his five motorcoaches has been parked for three weeks because its ELD will not function, Micale said. “I can’t keep going on like this. I am not in business to park buses.”
Smith responded that Micale’s isn’t the only one that is having issues. “We understand your pain,” she said. “If it goes on to too long, 30 to 60 to 90 days and you haven’t heard anything, send your vendor an email and tell them you are ready to report them to FMCSA because you are getting no help.”
FMCSA has a process for revoking the self-certifications of troublesome ELD vendors, she said. The status of ELD vendors is listed on the administration’s website.
“When we learn of an issue we can start the process. We will contact the provider and explain to them what we see as non-compliance. Then they have a grace period to get into compliance. Generally that does work,” Smith said.
“If they can’t, for some reason, meet that technical specification, then we do have the revocation list. As of today I don’t believe anyone is on there. I don’t know the date that we will go live on that.”
She said she has heard that some ELDs have faced problems interfacing with an engine control module. “They may need to get with that engine manufacturer to get the gateway to retrieve that data.”
She added, “There are providers we are having no problems with. Then there are providers whose ELDs worked fine in the test lab. Why they didn’t test them on some carriers in the real world, I don’t know.”
Smith also talked about false reporting of driver off-duty status, which can be a problem when tour groups ask a driver to add a side trip.
“That will go away somewhat with the ELD. It takes a lot of effort to falsify en electronic record of duty status.”
Drivers are motivated to keep their groups happy, Smith said.
“If they have a good trip they are going to give that driver a really neat tip. I recommend to the carrier that their contract or charter order specify somewhere that there will no changes to this itinerary unless it is approved by your operational person who makes sure your driver has got the hours.”
Pressure to keep driving is common, she said.
“I don’t know how many times a driver may have been in that seat all day long and now the group finds out there is a fireworks show that night and they want to go see it. The driver doesn’t want to say ‘I can’t take you.’ Now the driver can say that he is required to ask you to contact that supervisor to approve him to take the trip.”
