ASHBURN, Va. – Motorcoach operators converting to electronic logging devices should check first with the Federal Motor Carrier Safety Administration’s list of certified ELDs.
“Don’t get caught up with something that you don’t need. Be familiar with the rules,”LaTonya Mimms, transportation specialist with FMCSA’s enforcement division, told attendees of the United Motorcoach Association’s 2016 Safety Management Seminar.
A list of self-certified ELDs is available on the Department of Transportation’s website at: https://3pdp.fmcsa.dot.gov/ELD/ELDList.aspx. Phase one of ELD implementation, called the awareness and transition phase, began on Feb. 16, 2016, and ends December 18, 2017. During this time, motor carriers can use ELDs, automatic onboard recording devices, devices with logging software programs or paper logs.
Three exemptions
Mimms explained three exemptions to the ELD mandate. They are drivers who use paper record of duty for no more than eight days out of every 30-day period, drivers who conduct drive-away, tow-away operations where the vehicle driven is the commodity being delivered, and drivers of vehicles manufactured before 2000.
The printing requirements during roadside inspections for phase one have not changed. A logging software and application device with and without electronic signature capabilities is required to have printouts, while an onboard recording device does not.
The ELD printing requirements are the choice of the motor carriers or drivers. If using a display, it must be visible to enforcement officials without them having to enter the commercial motor vehicle. If using a printout, the display requirements do not apply.
Mimms also discussed the technical specifications required for ELDs. The date and time must automatically be obtained without external input, the speed threshold must not exceed 5 mph, the vehicle location must be of no less than one mile accuracy when on duty and 10 miles when operating under personal conveyance, and upon powering on the ignition the ELD must monitor engine hours and vehicle miles.
The nominal hours of service violations are less than 15 minutes, are applicable at roadside inspections and investigations, have little effect on SMS scores, and have little effect on proposed safety ratings and identify patterns. Event data recorded on ELDs includes engine power up and shut down, driver login and logout, duty status changes, personal use or yard moves, certification of driver’s daily record, intermediate recordings (60-minute intervals when the vehicle is in motion), and malfunction or diagnostic events. Driver harassment Mimms addressed the concern among some drivers that ELDs could be used to harass drivers. The FMSCA defines harassment as any action taken by a motor carrier that the carrier knew (or should have known) would result in a driver violating the hours-of-service rules. If a carrier harasses a driver, it will receive a penalty for harassment in addition to theHOS violation. Phase two of the ELD implementation, the phased-in compliance phase, runs from Dec. 18, 2017, to Dec. 16, 2019. During this time, carriers may use self-certified and registered ELDs and onboard recording devices that were installed before the compliance date and are therefore grandfathered.
Event data recorded on ELDs includes engine power up and shut down, driver login and logout, duty status changes, personal use or yard moves, certification of driver’s daily record, intermediate recordings (60-minute intervals when the vehicle is in motion), and malfunction or diagnostic events.
Driver harassment
Mimms addressed the concern among some drivers that ELDs could be used to harass drivers. The FMSCA defines harassment as any action taken by a motor carrier that the carrier knew (or should have known) would result in a driver violating the hours-of-service rules. If a carrier harasses a driver, it will receive a penalty for harassment in addition to theHOS violation.
If a carrier harasses a driver, it will receive a penalty for harassment in addition to theHOS violation.
Phase two of the ELD implementation, the phased-in compliance phase, runs from Dec. 18, 2017, to Dec. 16, 2019. During this time, carriers may use self-certified and registered ELDs and onboard recording devices that were installed before the compliance date and are therefore grandfathered.
The data transfer options during phase two are initiated by the driver and are a one-step selection for data compilation. Option one is telematics transfer methods of wireless Web services and email, and option two is local transfer methods of USB or Bluetooth.
Electronic records of service and Web services can transfer hours-of-service data from the ELD to the enforcement official during roadside inspections and investigations.
The supporting documents during phase two contain five categories: itineraries, dispatch, ODND receipts, EMC records and payroll. They must have information to link the supporting document to the driver, the date, location and time.
Supporting documents
The maximum number of documents is eight per duty day. If a driver does not use an ELD, all toll records must be retained, and toll receipts do not count toward the eight-document cap. The driver must provide supporting documents to safety officials upon request if they are in his or her possession.
There are several webinars produced by FMCSA that Mimms encourages companies to use for ELD mandate information. They include FMCSA ELD Rule and Implementation Plan; ELD Phase I: Awareness and Transition; and Electronic Logging Device Roadside Inspection Training.
The training is accessible at https://www.fmcsa.dot.gov/hours-service/elds/training-and-events.
Other questions and answers regarding ELDs can be found at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/ELD_Rule_Frequently_Asked_Questions-508.pdf.
Questions for the Department of Transportation about ELDs can be emailed to: ELD@dot.gov.
