April 02, 2018
No ELD? Drivers can now be put out of service. Photo: Fleetmatics
Now that the April 1 “hard enforcement” deadline has passed on the electronic logging device mandate, property-carrying commercial motor vehicle drivers operating their vehicle without a required registered electronic logging device (ELD) or a grandfathered automatic on-board recording device (AOBRD) will be placed out of service for 10 hours.
The Commercial Vehicle Safety Alliance said in an announcement that ELD violations will be recorded on a roadside inspection report and the driver may be cited (issued a violation ticket or a civil penalty) for failing to have a required electronic record of duty status.
After 10 hours out of service, the driver may continue to his or her final destination, provided the driver has accurately documented hours-of-service requirements using a paper log and has a copy of the inspection report and/or citation.
If the driver is stopped again before reaching his/her final destination, the driver must provide the safety official with a copy of the inspection report and evidence (e.g., bill of lading) proving that he/she is still on the continuation of the original trip.
After reaching their final destination, if the driver is re-dispatched again without obtaining a compliant ELD, he/she will again be subject to the out-of-service process outlined above, unless the driver is traveling back to the principle place of business or terminal empty to obtain an ELD.
All ELD violations will be counted against a motor carrier’s Safety Measurement System (SMS) score, which will drive selection for investigation within the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability (CSA) program. FMCSA will determine appropriate action against non-compliant motor carriers.
Please note that motor carriers that installed and used an AOBRD prior to Dec. 18, 2017, may install and use additional ELD-capable devices with complaint AOBRD software after Dec. 18, 2017. These AOBRDs may be used until Dec. 16, 2019, and must meet the requirements of 49 CFR 395.15.
The ELD footnotes 11-14 in Part I of the North American Standard Out-of-Service Criteria are now in effect, which means that drivers operating CMVs with violations related to ELD compliance in those footnotes will be placed out of service for 10 hours, then permitted to continue, as outlined above.
CVSA emphasized that the ELD mandate does not change the underlying hours-of-service requirements.