User Perspectives on ELD Compliance

American Association of Motor Vehicle Administrators (AAMVA) Region IV ConferenceSoona Lee, Regulatory Compliance Manager | May 19, 2016 / Portland, OR

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Focus for today’s session

Provide an overview of the ELD mandate • What is an ELD? • Who needs it and who will be exempt? • When does it apply? • What are the differences between ELD, AOBR and ELS?

Explain the ELD mandate from different user perspectives • What are the benefits of early compliance? • What are the key challenges facing drivers, carriers and enforcement officials in adoption of ELDs ?• How to manage and overcome those challenges?

ELD Overview

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US Federal Regulations mandating the use of ELDs

• FMCSA published Final Rule in December 2015 –requires interstate CMV carriers and drivers use ELD to record change in duty status.

• Policy rationale: • Improve compliance with HOS rules • Reduce paperwork burden • Improve quality of HOS information and minimize falsification

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What is an ELD?

§395.2: “ELD means a device or technology that automatically records a driver’s driving time and facilitates the accurate recording of the driver’s hours of service, and that meets the requirements of subpart B of this part.”

Key requirements:• Not necessarily a physical device but a technology platform• Integrally connected to the CMV’s engine to track vehicle movement and operation• Date, time and location automatically captured • Tamper resistant • Allow for annotation by both driver and carrier to explain or correct records

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Who needs it and who is exempt?

All drivers that require RODS must transition to ELDs.

Except for the following drivers: • Drivers currently allowed to use timecards could continue to do so

under § 395.1(e) • Drivers that are intermittently required to record HOS duty status

(because they go outside of the specified short haul criteria), but for no more than 8 days in any 30 day period

• Drivers who conduct driveaway-towaway operations, where the vehicle being driven is the commodity being delivered

• Drivers of vehicles manufactured before model year 2000.

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When does it apply?

February 16, 2016 Effective Date ELD providers with compliant productcan apply to be on the FMCSA registry

December 18, 2017 Compliance Date ELD becomes mandatory for qualifying carriers and drivers

December 16, 2019 End of AOBR Grandfathering /Full Compliance Date

All drivers and motor carriers must abandon AOBRs and use ELDs

Phase 1

Phase 2

Phase 3

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Compliance phases

Phase 1

Phase 2

Phase 3

PAPER ELS AOBR ELD

Awarenessand Transition

Carriers and drivers subject to the ELD mandate should prepare to transition and may voluntarily adopt ELDs.

Phased-incompliance

Unless carriers and drivers using AOBRs, must adopt ELDs.

Fullcompliance

All carriers and drivers must adopt ELDs.

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Comparing the technical specifications Electronic Logging Device (ELD)

Automatic On-board Recording Device (AOBRD)

Electronic Logging System(ELS)

Features / Functions SNPRM issued March 28, 2014

§395.15 1988

FMCSA guidance issuedJuly 10,2014

Engine connection –“integral synchronization”

• Engine power and hours, motion, miles driven

• ECM or other electronic device connected to CMV

• Required but not defined • Not required

Recording location • At change of duty status• Engine on and off• Every 60 min while moving

unless Personal or Yard Use

• At change of duty status • Manual or automatic

• At change of duty status • Manual or automatic

Automatic Driving status • Default to Driving when CMV in motion

• Not addressed • Not required

Graph grid display • Must be able to present graph grid on unit or print

• Not required• Time and duty change

sequence sufficient

• Must be able to present graph grid on unit or print

Timezone and drift • Sync to UTC • Absolute deviation no

more than 10 min

• Not addressed • Not addressed

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Comparing the technical specifications

Features / FunctionsElectronic Logging Device (ELD)

Automatic On-board Recording Device (AOBRD)

Electronic Logging System(ELS)

Annotations and edits • Driver must accept all edits proposed by carrier

• Not addressed • Driver or carrier edits

• Not addressed• Driver or carrier edits

Tamper resistant • No alteration of original ELD records

• Require data integrity check functions

• Require record versioning

• Must be tamper-proof • Not addressed

Identifying sensor failures • Capable of detecting malfunctions and data inconsistencies and gaps

• Audit record of these occurrences

• Must identify sensor failures and edited data

• Not addressed

Enforcement and data transfer methods

• Display or print out • Option 1 – Telematics, or

Option 2 – Local connectivity type

• Not addressed • Outlined print out format

• Display• Print version to be

available upon request

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Key differences between systems

• ELD must satisfy all the defined functional specifications• Automated recording of driving status that cannot be removed • Driver has more control over the RODS with requirement that all edits must be

accepted and certified by the driver • Strict and structured treatment of ELD data to ensure data integrity • Flexible but consistent methods for roadside enforcement• Certification and registration process.

ELD from different perspectives

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• Still a large majority using paper logbooks• All need to transition to ELD by 2017

Source: http://www.overdriveonline.com/poll-what-do-you-use-for-your-logs-paper-or-e-logbook/ , July 6, 2015

What do you use for your daily HOS logs?

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Source: http://www.overdriveonline.com/poll-whats-your-most-likely-response-to-the-eld-mandate/April 6, 2016

What will be your response to ELD rule?

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In search for guidance around the ELD mandate.

Because it is CONFUSING• What is an ELD, AOBR and ELS?

Because of the UNCERTAINTY• What will happen with the OOIDA law suit? • Am I compliant using a solution now? • Will I be compliant using it in the future?

Because they feel ANXIOUS• How will I cope with the change? • Will the drivers and users adopt it? • How long standing is the financial investment?

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Drivers

CHALLENGE

Adapting to change and new habits• Resistance to use of technology • Real-time recording of HOS information• Sharing location information perceived as big-

brotherish.

MANAGEMENT STRATEGY

Phased roll-out and ongoing training• Select a range of drivers to pilot the solution and

obtain feedback and buy-in• Design on-boarding and refresher training

program for drivers and support users.

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Carriers and owner operators

CHALLENGE

Selecting the right technology • Significant risks to business operation from

inadvertently choosing a non-compliant ELD• Best Return on Investment (ROI).

MANAGEMENT STRATEGY

Carry out full due-diligence • Use of RFPs to seek out how solutions will satisfy

business and functional requirements• Evidence of independent and/or additional testing

conducted to assure compliance with regulations• Review of hidden costs and contractual terms• Additional benefits provided by the solution• Company’s policies for product uses • Ensure continued customer support and service • Engage early and with variety or providers.

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Enforcement officials

CHALLENGE

Maintaining public safety and compliance outcomes• Ensure compliance by drivers and carriers• Efficient and effective checks and inspections.

MANAGEMENT STRATEGY

Learning and training with technology • Familiarize with various technology solutions• Understand how to obtain and check relevant

information for compliance• Request training and further guidance materials

from ELD manufacturers.

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Top 15 driver violations at roadside inspections

• Based on 2015 Statistics• 8 of the top 15 violations relate to

Logbook and HOS compliance • 44.5% of all driver violations

Source: 2016 Pocket Guide to Large Truck and Bus Statistics

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Benefits of early compliance

Electronic logbook helps drivers avoid most common logbook violations• Helps with form and manner violations • Ensures drivers retain previous 7 days of logs • Automated prompts for drivers to take rests and avoid 14-hour and 11-hour violations.

Prepared for seamless transition by the Compliance Date• Drivers have sufficient and adequate time to familiarize and comfortable with ELD • Redundancy and support process established with ELD manufacturer and understood by users • Training and support programs tested and developed.

Questions?

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Soona LeeRegulatory Compliance ManagerStrategy & Market Development971 804 3260 | soona.lee@eroad.com