Use of ELDs for Hours-of-

Service Recordkeeping

Robert King

Greg Nahmens

Federal Motor Carrier Safety

Administration

1

History of EOBR Rulemaking

Supplemental Notice of Proposed Rulemaking

The basics

Applicability; phase-in

Technical elements: AOBRD, vacated 2010 Final

Rule, SNPRM

Other elements: supporting documents, privacy

protection, prevention of driver harassment

Next Steps

Outline of Today’s

Presentation

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Truck and Bus Safety and Regulatory Reform Act (1988)

Required that Agency rules on electronic recorders ensure

that such devices are not used for driver harassment.

HMTAA (1994)

Required that the Agency’s HOS rules specify “number,

type, and frequency” of supporting documents that must

be maintained.

MAP-21 (2012)

Required the Secretary adopt rules requiring that CMVs

involved in interstate commerce, operated by drivers who

are required to keep RODS, be equipped with ELDs.

Set deadline for prescribing regulations by Oct. 1, 2013.

Legislative Background

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1988: AOBRD final rule

2000-2003: HOS NPRM proposed HOS

recorders for long-haul/regional carriers; final

rule did not include this provision

2004-2010: EOBR 1 rulemaking

February 2011: EOBR 2 NPRM

August 2011: EOBR 1 Final Rule vacated

2011-2012: MCSAC activity, listening sessions

December 2013: ELD SNPRM

Rulemaking History

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April 5, 2010 Final Rule

New performance-oriented standards for recorder technology.

Mandatory use of recorders to remediate HOS non-compliance.

Incentives to promote voluntary use of recorders.

Applicable to all motor carriers in interstate commerce

Mandatory only for carriers subject to a Remedial Directive on/after June 2012

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February 2011 NPRM

Drivers currently using records of duty status

(RODS):

Must use HOS recording devices;

Would not have to maintain and retain certain

categories of HOS Supporting Documents.

All motor carriers (RODS users and timecard

users) must maintain an HOS management

system

Lead time: 3 years after publication of final rule.

6

Court Decision to Vacate

After the 2010 final rule was published, the

Owner-Operator Independent Drivers

Association OOIDA filed suit in the Seventh

Circuit to invalidate it.

In August 2011, the Court invalidated the rule

because FMCSA did not address the issue of

driver harassment.

For this reason, the 2011 NPRM (and any future

rulemaking) could no longer rely on the April

2010 technical specifications for a future ELD

rulemaking. 7

Overview of SNPRM

Four primary components:

(1) Prescribes minimum technical standards for ELDs.

(2) Subject to a limited exception, requires drivers who

need to keep RODS to use ELDs.

(3) Establishes explicit requirements for HOS supporting

documents, specifying the “number, type and frequency” in

accordance with the statute.

(4) Prohibits harassment of drivers and establishes a

complaint process for drivers, due process for carriers and

specifies civil penalties.

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Generally based on performance -- maximize

flexibility, minimize cost.

Prescriptive outputs proposed to obtain a

consistent enforcement standard.

Includes minimum requirements for information

displayed

Minimum Technical Standards

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Data Transfer

Transmitted over-the air and via

wired/proximity mechanisms to accommodate

a variety of provider and enforcement needs;

or

Produces printouts as specified.

Wireless: via Webservices, Bluetooth, or email

Email using CMRS, Wi-Fi, WiMax, etc.

Wired backup would be USB 2.0 and either scannable

QR code or TransferJet

Data would be encrypted/secured

10

Options for Roadside* Data Transfer

Capabilities from an ELD

Option 1: Printout Report + QR Code printout

Option 2: Wireless Web Services + USB 2.0 + QR Codes

Option 3: Wireless Web Services + USB 2.0 + TransferJet

Option 4: Bluetooth + USB 2.0 + QR Codes

Option 5: Bluetooth + USB 2.0 + TransferJet

Option 6: Wireless Email + USB 2.0 + QR Codes

Option 7: Wireless Email + USB 2.0 + TransferJet

* Printout is an alternative for roadside only. For carrier reviews, must retain and present data in electronic format, with data transfer via email or webservices or USB 2.0.

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Subject to limited exception, mandates all drivers and

motor carriers (including passenger carriers) currently

using RODS would be required to use ELDs.

100 air-mile radius drivers may continue to use

timecards, as allowed by §395.1(e)(1).

150 air-mile radius non-CDL freight drivers may continue

to use timecards, as allowed by §395.1(e)(2)

100- and 150- air-mile radius drivers who use paper

RODS more than 8 days in any 30-day period (because

they do not meet the RODS exception), must use ELDs.

ELDs for all RODS-Users

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Compliance date

Compliance date proposed 2 years after

Final Rule is published

AOBRDs compliant with § 395.15 that

were installed before the compliance date,

could be used for 2 more years.

AOBRDs must be upgraded or replaced

with ELDs within 4 years of the publication

of the Final Rule.

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ELD Technology: basic information

Identity of the driver

Duty status (OD-D, ODND; OffD; SB)

Date, time, location at each change of duty

status

Distance traveled

24-h period starting time; 7/8 day basis

Hours in each duty status (24-h, total)

Carrier’s USDOT number

Truck/tractor and trailer ID14

Proposed Data Elements 24-Hour Period Starting Time

Carrier Name

Carrier’s USDOT Number

CMV Power Unit, Trailer Number(s)

CMV VIN

Comment/Annotation

Data Diagnostic Event Indicator Status

Date and Time

Distance Since Last Valid Coordinates

Driver’s License Issuing State

Driver’s License Number

Driver’s Location Description

ELD Account Type

ELD Authentication Value

ELD Identifier

ELD Registration ID

ELD Username

Engine Hours

Event Code

Event Data Check Value

Event Record Origin

Event Record Status

Event Sequence ID Number

Event Type

Exempt Driver Configuration

File Data Check Value

First and Last Name

Geo-Location

Latitude and Longitude

Line Data Check Value

Malfunction/Diagnostic Code

Malfunction Indicator Status

Multiday Basis Used

Order Number

Output File Comment

Shipping Document Number

Time Zone Offset from UTC

Vehicle Miles

Black same as EOBR FR

Blue modified from EOBR FR

Red new for ELD SNPRM

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Dedicated Device

Phone

Communication

Personal Activities ELD

Navigation

Asset Mgt

GPS

ELD

Navigation

Vehicle Control System

ELD

Diagnostics

Tablet

ELD

Personal Activities

FMS

ELD

Communication

Emergency Control

Navigation

Diagnostics

Asset Mgt

ELD

A Stand-alone ELD

ELD an app within a Fleet Management

System

ELD an app

within a navigation

system

ELD an app within a

Smartphone

ELD an app

within a handheld

device

ELD an app within an existing vehicular control system (e.g.

Engine Control Module)

Alternative ELD ImplementationPossibilities

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Integral Synchronization

AOBRD Integral synchronization required, but term not

defined in the FMCSRs

2010 Final

Rule

Integral synchronization required, defined to

specify signal source internal to the CMV

ELD

SNPRM

Integral synchronization with the CMV

engine*, to automatically capture engine

power status, vehicle motion status, miles

driven, engine hours.

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* For MY 2000 and later, interfacing with

engine ECM.

Recording Location Information

AOBRD Required at each change of duty status.

Manual or automated

2010 Final

Rule

Require automated entry at each change of

duty status and at 60-minute intervals while

CMV in motion.

ELD

SNPRM

Require automated entry at each change of

duty status, at 60-minute intervals while

CMV is in motion, at engine-on and engine-

off instances, and at beginning and end of

personal use and yard moves. 18

Graph Grid Display

AOBRD Not required – “time and sequence of duty

status changes”

2010 Final

Rule

Not required on EOBR, digital file to generate

graph grid on enforcement official’s portable

computer.

ELD

SNPRM

An ELD must be able to present a graph grid

of driver’s daily duty status changes either on

a display unit or on a printout19

HOS Driver Advisory Messages

AOBRD Not addressed

2010 Final

Rule

Requires notification at least 30 minutes

before driver reaches 24-hour and 7/8 day

driving and on-duty limits

ELD

SNPRM

HOS limits notification not required.

“Unassigned driving time/miles” warning

provided upon login.

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Device “Default” Duty Status

AOBRD Not addressed.

2010 Final

Rule

On-duty not driving when the vehicle is

stationary (not moving and the engine is off)

5 minutes or more.

ELD

SNPRM

On-duty driving, when CMV has not been in-

motion for 5 consecutive minutes, and

driver has not responded to an ELD

prompt within 1 minute. No other non-

driver-initiated status change is allowed.21

Clock Time Drift

AOBRD Not addressed.

2010 Final

Rule

Absolute deviation from the time base

coordinated to UTC shall not exceed 10

minutes at any time.

ELD

SNPRM

ELD time must be synchronized to UTC,

absolute deviation must not exceed 10

minutes at any point in time.

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Communications Methods

AOBRD Not addressed – focused on interface

between AOBRD support systems and

printers

2010 Final

Rule

Wired: USB 2.0 implementing Mass Storage

Class 08H for driverless operation.

Wireless: IEEE 802.11g, CMRS.

ELD

SNPRM

Primary: Wireless Webservices or Bluetooth

2.1 or Email (SMTP) or Compliant Printout

Backup Wired/Proximity: USB 2.0* and

(Scannable QR codes, or TransferJet*)* Except for “printout alternative”

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Resistance to Tampering

AOBRD AOBRD and support systems, must be, to the

maximum extent practical, tamperproof.

2010 Final

Rule

… must not permit alteration or erasure of

the original information collected concerning

the driver's hours of service, or alteration of

the source data streams used to provide that

information.

ELD

SNPRM

An ELD must not permit alteration or

erasure of the original information collected

concerning the driver’s ELD records or

alteration of the source data streams used

to provide that information. An ELD must

support data integrity check functions. 24

Identification of Sensor

Failures and Edited Data

AOBRD 395.15(i)(7) Must identify sensor failures and

edited data

2010 Final

Rule

The device/system must identify sensor

failures and edited and annotated data

when downloaded or reproduced in printed

form.

ELD

SNPRM

An ELD must have the capability to monitor

its compliance (engine connectivity, timing,

positioning, etc.) for detectable malfunctions

and data inconsistencies. The ELD must

record these occurrences.

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HOS Compliance Checking

Software (e.g. eRODS)

Features

Reads HOS log file from ELDs & Carriers’

support systems

Creates graph grid on officer’s computer

Identifies and lists violations for officers’ review

Enables officers to enter supporting docs’

timestamps

Use at roadside inspections and during on-site

reviews26

HOS Compliance Checking

Software (e.g. eRODS)

Benefits

Eliminates need to manually reconstruct logs

at roadside

Checks multiple drivers during on-site

reviews

FMCSA supported application

Part of Mobile Client suite of applications

Integrated with Aspen and CAPRI functions

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Applies to documents generated or received by a motor

carrier in its normal course of business.

Generally, documents received to verify driving time

would no longer be required.

Proposes to cap document retention at 10 documents

per driver duty day.

Driver must submit documents to motor carrier within 8

days.

Supporting Documents

Requirements

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Supporting Documents (more)

Limits supporting documents to 5 categories:

Bills of lading/itineraries/schedules/equivalent

with trip origin and destination;

Dispatch records/trip records/equivalent;

Expense receipts;

Electronic mobile communication

records/FMS communications; and

Payroll records/settlement sheets/equivalent

documents that indicate what and how a

driver was paid.

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Supporting Documents (still more)

A supporting document must have the following

elements:

Driver name/number assigned to driver by

carrier;

Date;

Location; and

Time.

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Privacy of ELD data

Concerns: Potential misuse of data, invasion of

driver privacy

What SNPRM Proposes :

HOS data is used to determine HOS compliance

Location information only to level of city/town/village

No inquiry into off-duty activities except in context of

investigation of a crash or alleged FMCSR violation

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FMCSA defines harassment as: “… action by a motor

carrier toward a driver … involving use of information

available through an ELD … or [related] technology that

motor carrier knew, or should have known, would result

in … violat[ion] of § 392.3 or part 395…”

Violation would be considered an “acute” violation under

Safety Fitness Determination (SFD) procedures, would

result in a civil penalty.

ELD technical specifications would include protections,

i.e., mute option when driver is in the sleeper berth;

access to driver’s own records documenting HOS.

SNPRM would establish a formal complaint process.

Prohibitions on Harassment

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Regulatory Options

Option 1: Mandate ELDs for all CMV operations;

Option 2 (Agency’s preference): Mandate

ELDs for all CMV operations where the driver is

required to complete RODS;

Option 3: Population of Option 1 and require the

devices to be capable of printing the RODS.

Option 4: Population of Option 2 and require the

devices to be capable of printing the RODS.

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Economic Analysis

Option 2 is the preferred option.

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Table 3. Annualized Costs and Benefits ($2011 millions, 7 Percent Discount Rate) 1

Option 1 Option 2 Option 3 Option 4

New ELD Costs $1,270.0 $955.7 $1,722.6 $1,311.1

AOBRD Replacement Costs $8.7 $8.7 $8.7 $8.7

HOS Compliance Costs $726.6 $604.0 $726.6 $604.0

Enforcement Training Costs $1.7 $1.7 $1.7 $1.7

Enforcement Equipment Costs $2.0 $2.0 $0.0 $0.0

Driver Training $8.5 $6.7 $8.5 $6.7

Total Costs $2,017.4 $1,578.7 $2,468.0 $1,932.1

Paperwork Savings $1,637.7 $1,637.7 $1,637.7 $1,637.7

Safety Benefits $474.8 $394.8 $474.8 $394.8

Total Benefits $2,112.5 $2,032.5 $2,112.5 $2,032.5

Net Benefits $95.1 $453.8 -$355.5 $100.4

2

Next steps …

March 28, 2014: SNPRM published

June 26, 2014: End of comment period

Late 2015: Publish final rule

2 years after final rule is published: first

compliance date

4 years after final rule is published: second

compliance date

RIN 2126-AB20 in http://regs.dot.gov39

Thank you very much!

Questions? Contact Deborah Freund,

Vehicle and Roadside Operations Division,

Office of Bus and Truck Standards and

Operations

Email: deborah.freund@dot.gov

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