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April 2017

Timothy Grimley - Safety Investigator

Federal Motor Carrier Safety Administration

AgendaProvide an overview of the Electronic Logging

Device (ELD) Rule and FMCSA’s plan for its phased implementation

● Major components of the ELD Rule and Implementation Phases

● ELD Specifications

● Supporting documents requirements

● ELD Benefits & Myths

● Monitoring an AOBRD/ELD system

● Harassment Prohibition

Federal Motor Carrier Safety Administration 2

Four Major Components of ELD Rule

● Requirements for the mandatory use of ELDs by most drivers currently required to prepare Record of Duty Status (RODS)

● Minimum performance and design standards (Technical Specifications) for ELDs

● Requirements for Hours of Service (HOS) supporting documents

● Measures to prevent harassment through the use of ELDs


Who is required to use an ELD?● Interstate CMV drivers currently required to keep RODS

● Subject to requirements in 49 CFR 395

● CMVs defined in 49 CFR 390.5

● ≥ 10,001 pounds

● Placarded hazmat

● More than 8 or 15 passengers


Exemptions ● Using RODS for not more than 8 days during any 30-day

period

● 100 air-mile radius drivers may continue to use time records, as allowed by §395.1(e)(1)

● 150 air-mile radius non-CDL property carrying drivers may continue to use time records, as allowed by §395.1(e)(2)

● Conducting “drive away-tow away” operations

● Driving vehicles manufactured before model year 2000


Awareness and Transition Phase

February 16, 2016–December 18, 2017


Today is April 10, 2017

Electronic Log Use Required After December 18, 2017

Only 252 days left


Important Dates● Registration and voluntary use of ELDs has begun

(Started February 16, 2016)

● Compliance date is 2 years after ELD Rule is published (December 18, 2017)

● AOBRDs must be upgraded or replaced with ELDs within 4 years of the publication of the Final Rule (December 16, 2019)

● I.e., AOBRDs compliant with § 395.15 that were installed before the compliance date could be used (grandfathered) for 2 years after the compliance date


Automatic On-Board Recording Device (AOBRD)and

Device with Logging Software and Applications

● AOBRD (49 CFR § 395.2)

● Integrally Synchronized (Connects to Truck)

● Automatically records drivers driving status

● Acceptable until December 16, 2019

● Device with Logging Software and Application

● Not Integrally Synchronized (No Connection to Truck)

● Manually input driving duty status or use GPS/Cell location only

● Not Acceptable after December 18, 2017


Phase 1: Awareness and Transition● System providers register and certify their ELDs – the

process is outlined on FMCSA’s website

● Motor Carriers can choose to voluntarily use ELDs, AOBRDs, Devices with Logging Software Programs, or paper logs to record duty status

● Authorized safety officials need to distinguish the different types of devices and cite the appropriate regulation or guidance for enforcement purposes

● Harassment Legal Procedures


Definition and Specifications


What is an ELD?● A device that:

● Automatically records a driver’s driving time

● Facilitates the accurate recording of the driver’s HOS

● Meets the minimum technical specifications of the ELD rule listed in Appendix A to Subpart B of Part 395

● Is integrally synchronized with the engine of the commercial motor vehicle (CMV)


ELD Minimum Technical Standards● Generally based on performance – maximize flexibility,

minimize cost

● Standard outputs for a consistent enforcement

● Include minimum output requirements for electronically transferred, displayed, and printed ELD information and output

● Appendix A to Subpart B of Part 395


Engine Synchronization● Integral synchronization to the engine control module

(ECM)

● Monitoring of the vehicle’s engine operation to automatically capture:

● Engine’s power status

● Vehicle’s motion status

● Miles driven

● Engine hours


Automatically Recorded Data● Date

● Time

● CMV Geographic Location Information

● Engine Hours

● Vehicle Miles

● Driver or Authenticated User Identification

● Vehicle Identification

● Motor Carrier Identification


ELD Event Data Recordings● Engine power up and shut down

● Driver login/logout

● Duty status changes

● Personal use or yard moves

● Certification of driver’s daily record

● 60-minute intervals when the vehicle is in motion

● Malfunction of diagnostic events


Geolocations● CMV Geographic Location Information

● Show a nearby city, town, or village, or the compass direction and distance from the nearest city, town, or village


Manual Inputs● Motor carriers – User account setup

● Drivers

● Support personnel (mechanics, dispatch, etc.)

● Drivers

● Annotations, when applicable

● Location description, when prompted by the ELD

● CMV power unit number

● Trailer number(s), if applicable

● Shipping document number, if applicable


Data Diagnostics and Malfunctions● ELD identifies data diagnostics and malfunctions with

status as either “detected” or “cleared” for:

● Power

● Engine Synchronization

● Timing

● Positioning

● Data Recording

● Data Transfer

● Unidentified Driver Records


ELD Record of Duty Status


ELD Record of Duty Status● It is required that RODS be shared in one of two ways

at roadside (choice of the driver or motor carrier):

● Printout (not all ELDs provide)

● Screen display visible to enforcement at a reasonable distance

● Acceptance of data via fax, email or other method of transmission is at the discretion of the inspector


24-hour Duty Status Grid


ELD Information – Daily Header


Record Date USDOT # Driver License Number Driver License State ELD ID Trailer ID

20-Nov-14 123456789 D000368210361 IL 987654 Unit #

Time Zone Driver Name Co-Driver Name ELD Manufacturer Shipping ID Data Diagnostic Indicators

CST Smith, Richard Acme ELDs BL1234567890 No

24 Period Starting Time Driver ID Co-Driver ID Truck Tractor ID Unidentified Driver Records ELD Malfunction Indicators

Midnight 1234567 Unit # No No

Carrier Start End Odometer Miles Today Truck Tractor VIN Exempt Driver Status Start End Engine Hours

Acme Trucking 39564 - 39984 420 1M2P267Y5AM022445 No 758.2-765.7

Current Location File Comment Print/Display Date

6 mi. NE North Auburn, CA 20-Nov-14

What is to be Expected during Investigations?

● 6 months worth of Records of duty status

● If carrier is using an ELD, verify it is registered

● All supporting documents

● Examination of “unassigned miles”


Supporting Documents: Number● Retain maximum of 8 documents per 24-hour duty day

● If more than 8 documents are submitted per day, must retain earliest and latest time indications among the 8 supporting documents

● If fewer than 8 documents are submitted per day, a document that contains all of the elements except “time” is still considered a supporting document and must be retained

● If a driver does not use an ELD (paper RODS), all toll recordsmust be retained

● Toll receipts do not count toward the 8-document cap


§ 390.36 Harassment of drivers prohibited.

● To harass or harassment means an action by a motor carrier toward a driver employed by the motor carrierinvolving the use of information available to the motor carrier through an ELD, or through other technology used in combination, that the motor carrier knew, or should have known, would result in the driver violating the HOS regulations.

* A carrier who harasses a driver may receive a penalty for harassment in addition to the HOS violation *


Harassment: Technical Changes● Mute function ensures a driver is not interrupted in the

sleeper berth

● Anti-tampering provisions:

● Limited ability to edit ELD records for both drivers and motor carriers

● Required driver approval when a carrier edits an ELD record

● Preservation of original ELD records, even when edited


ELD Benefits● Transparency- near real time ability to assess hours of

service status of drivers, including available hours (productivity improves)

● Less time manually recording HOS status- ELDs automate much of the task

● Less paperwork management- manual auditing, filing, retrieval, etc.

● Roadside inspections take less time- ELD facilitates rapid check of driver HOS compliance


ELD Benefits Cont.● ELDs integrated into a Fleet Management System improve operational

efficiencies (dispatching, fuel use, IFTA tracking, driving behavior monitoring- hard braking, unsafe lane changes/turning, speeding). Motor carriers tell us all the time- “If we’d known the impacts on fuel efficiency, driver productivity, and driver behavior monitoring, we’d have done this a long time ago.”

● ELDs reduce simple form and manner violations that are the most common roadside violation cites- resulting in lower CSA scores

● Less risk of HOS violation penalties, out of service drivers, and reduced liability from drivers operating in violation

● ELDs alert drivers BEFORE an HOS violation occurs; less legal/liability risk, reduced risk of fatigue related crashes. Drivers using ELDs have an 11.7% reduction in crashes, and a 53% reduction in HOS violations. A single HOS violation can result in a penalty from FMCSA ranging from $1000 - $10,000 per instance.


ELD Myth’s and FAQs● Myth – “ELDs will give the government 24-7 instant

access to all our equipment and will instantly notify the government where our drivers are at all times and tell them about all violations in real time”

● Fact – ELD data is not sent to DOT in real time. It is only requested during a roadside inspection (in that case, only for the specific driver and prior 7 days) or during an FMCSA compliance investigation.


Air Versus Bus/Trucking Oversight

AIR BUS/TRUCKING

ANNUAL TRIPS 650 million 750 million

COMPANIES 6,900 525,000 total (truck and bus)

PILOTS/DRIVERS 618,000 3.5 million (total)

STAFF 4,000 Inspectors

321 Investigators131 Inspectors

43 AuditorsTotal = 495

ELD Myth’s and FAQs● Myth – “FMCSA is not certifying vendors. There’s no

way I will be able to buy a device in time to comply.”

● Fact – FMCSA currently has 34 certified ELD devices on our website. Many legacy AOBRD providers are awaiting FMCSA to release EROD software before certifying their devices. Many AOBRD providers are advising their devices can be turned into ELD’s with a simple over the air update. Regardless of an update, AOBRD’s installed now will be grandfathered in as compliant until 12/16/2019.


ELD Myth’s and FAQs● Myth – “ELD’s are way too expensive. The cost of

implementing them will drive me out of business”

● Fact –FMCSA did a cost benefit analysis and found that “For carriers that already comply with existing hours of service limits”, the cost of installation of ELD’s will be offset by money saved through productivity gains from drivers having to fill out less paperwork, and less time spent by the carrier’s office staff collecting, verifying, and storing paper logs. Many new devices can be installed in minutes versus older electronic log technology and work with existing tablets and smartphones.ELD’s offer other “telematics”, like intelligent dispatch, that can save even more money.


How Mobile ELD’s WorkCellular

35

ELD Myth’s and FAQs● Myth – The ELD rule will never actually go into effect.

FMCSA has tried this before and it’s always overturned. All I have to do is wait this out.

● Fact –While there is always a chance a new rule can be delayed for various reasons, the ELD rule was mandated by congress and was not an internal rulemaking the agency just decided to implement on its own. Previous attempts at ELOG regulations had been overturned by court rulings, but all court rulings to date have upheld the new ELD rule. At this point, it would take an act of congress or a ruling by the supreme court to overturn the ELD rule. Industry needs to prepare now and should not hold out on hopes ELD’s will not be required.


ELD Myth’s and FAQs● What do I do about shippers that take forever and then

kick my driver out when they are out of hours?

● The harassment rules prevent anyone, including shippers, from forcing drivers to violate hours of service rules. For many years, the trucking industry has absorbed the costs of shipping inefficiencies by concealing this time as “off duty” on paper logs. ELD’s will level the playing field and make it difficult for all trucking companies across the board to absorb these lost hours, which will put pressure on shippers to become more efficient or pay higher costs associated with delays and detention time.


Managing an ELD System● “Unassigned Miles”- audit and accurately assign miles,

determine “why” and fix going forward

● Driver tampering: examine diagnostics reports for system disconnects. Some drivers deliberately disconnecting devices to conceal over HOS, revert to paper log

● Off duty period “skips”- solo driver logging off duty in Boise, ID, and returns to duty in Lansing, MI

● Drivers using multiple login IDs “virtual ghost driver”.


Managing an ELD System- Cont.● Personal Conveyance- abuse of the PC provision. See

Q&A Interpretation

● Modifications after the fact- dispatchers given edit rights, changing “on-duty not driving” to “off duty”

● “Creeping”- frequent logout/login in slow traffic, apparently to stretch 14/70 hour

● Skip function- allows driver to override automatic duty status change

● Carefully monitor that drivers are accurately recording “on-duty” status- recent false log enforcement action


Recommendations● Establish, prioritize and properly staff a PROACTIVE

monitoring and validation program. Have a disciplinary policy to deal with tampering, unauthorized edits, unsafe driving behaviors, other abuse.

● Engage with vendor for training, use of reporting & management systems, customization, etc.- know that you are working with a quality partner.

● Strictly limit access rights to edit back office ELD data, have a policy in place on when to edit, and when NOT to edit.


Recommendations, Cont.● Periodically conduct internal audits of logins- clean up

old/unused logins for drivers, office staff.

● Tampering with an ELD to conceal HOS violations is an “Acute” violation- will result in adverse impacts to Rating and FMCSA policy requires enforcement action in most instances. Use system diagnostics and disconnect reports to monitor and deal with tampering.

● Reach out to local associations: lessons learned, best practices, keep up to date on the latest developments.


Summary● Dates: February 16, 2016 through December 18, 2017

● Drivers can choose to present their HOS at roadside by the ELD display screen or printout

● Current supporting documents and record retention requirements will remain in place until December 18, 2017

● Drivers can file a harassment complaint – involves an ELD

● ELDs reduce paperwork, lower HOS violations and crashes, increase operational efficiency, and let safety and operations people sleep better at night.


ResourcesWebsite: www.fmcsa.dot.gov/elds

FAQs: https://www.fmcsa.dot.gov/hours-service/elds/faqs

Registered ELDs: https://3pdp.fmcsa.dot.gov/ELD/ELDList.aspx

Public email address: [email protected]


http://www.fmcsa.dot.gov/elds

https://www.fmcsa.dot.gov/hours-service/elds/faqs

https://3pdp.fmcsa.dot.gov/ELD/ELDList.aspx

mailto:[email protected]

Contact Information

Timothy [email protected] x 226
