FMCSA releases Electronic Logging Device – ELD mandate

Contact us now about our FMCSA compliant e-log devices

Who must use e-logs

The electronic logging device mandate will require all drivers of commercial motor vehicles who currently are required to provide paper logs (see 49 CFR part 395 and for situations where the driver is required to complete a record of duty status (RODS) under 49 CFR 395.8.) will have to convert over to electronic logs, with the following exceptions:

• Drivers who use paper logs for no more then 8 days in any 30 day window.
• Drivers of towaway operations where the commodity being delivered is the vehicle being driven
• Drivers of vehicles older then model year 2000

Canadian and Mexican based drivers must also comply with the e-log mandate.

ELD specifications

ELD devices can be smartphones and other wireless devices as long as they satisfy technical specifications and are certified. E-log devices must meet a minimum standard as set up by the upcoming rule.

• It must identify the carrier and driver and vehicle
• It must track a vehicle and or driver in real time
• It must automatically record date, time and location information as well as engine hours, vehicle miles and ID information for the driver using the device
• The device must sync with the engine of the vehicle to record on and off time
• The device must be able to transmit information during road side inspection on demand and present a the graph grid of duty status changes. It may use a printer, wireless web services, email, USB 2.0 or Bluetooth technology

Motor carriers that have previously installed compliant automatic onboard recording devices may continue to use the devices for an additional two years beyond the compliance date.

Supporting documents under the electronic logging device rule

Carriers and drivers must maintain 8 supporting documents for every 24 hour period of on duty, it can either be paper or electronic. Drivers must submit these documents to their carrier within 13 days of receiving them and carriers must maintain them for six months.

• Bills of lading, itinerary, schedule or equivalent documents
• Dispatch records or equivalent
• Each expense receipt related to any on-duty not driving time
• Each electronic mobile communication record reflecting communications transmitted through a fleet management system
• Each payroll, settle sheet or equivalent
• If a driver submits to a carrier more than eight documents for a 24-hour period, the carrier must keep the first and last document for the day and six others. If fewer than eight are submitted, carriers must retain all of them.

ELD and harassment

The new law specifically addresses driver harassment and the use of ELD technology. This along with the last weeks issuance of the FMCSA’s harassment rule makes it clear that carrier action towards any driver of that carrier who “knew or should have known” would have interrupted a driver’s off-duty time would not be tolerated and can be punishable. “Harassment must involve information available to the motor carrier through an ELD or other technology used in combination with and not separable from an ELD,” the rule states.

Is this the final rule?

Looking back at the history of this rule it’s difficult to tell.  A similar rule adopted in 2010 lead to litigation which ultimately squashed it due to concerns about driver harassment issues.  This issue has been addressed in the form of a new harassment rule and in this ELD rule.  We are sure that in the next few weeks as stake holders have a chance to read and digest all this information more information will become available.   Stay tuned for more information.

Are you looking for an e-log solution?   Contact us now and we can help with our new line of FMCSA compliant e-log devices.

Click here to reach our helpful staff

Here is the full version of the FMCSA’s final Electronic Logging Devices rule

FMCSA-ELD-Final-Rule_12-10-2015