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CVSA to Take Phased-In Approach to ELD Mandate

August 28, 2017, by Deborah Lockridge

Are enforcement personnel ready for Dec. 18 ELD deadline? Photo: Kentucky State Police
Are enforcement personnel ready for Dec. 18 ELD deadline? Photo: Kentucky State Police

The nation’s commercial vehicle enforcement officials say there’s no reason to delay the December start date for the electronic logging device mandate – but they will delay implementing out-of-service criteria related to ELDs until April 1, 2018, and say each jurisdiction will have discretion as to whether they actually issue citations in the beginning.

On Dec. 18, inspectors and roadside enforcement personnel will begin documenting violations on roadside inspection reports, according to an Aug. 28 announcement from the according to the Commercial Vehicle Safety Alliance. At the jurisdiction's discretion, inspectors will issue citations to commercial motor vehicle drivers operating vehicles without a compliant ELD.

Beginning April 1, 2018, inspectors will start placing commercial motor vehicle drivers out of service if their vehicle is not equipped with the required device.

Delaying the out-of-service aspects of the rule will “provide the motor carrier industry, shippers and the roadside enforcement community with time to adjust to the new requirement before vehicles are placed out of service for ELD violations,” CVSA said.

CVSA noted that member jurisdictions have used this phased-in approach in the past when implementing a significant change in regulatory requirements.

Opponents of the ELD rule, most notably the Owner-Operator Independent Drivers Association, have been lobbying Congress to try to get a delay in the rule’s implementation, at least for smaller carriers.

“Motor carriers have had two full years to prepare for the requirement and obtain devices for their vehicles,” wrote CVSA Executive Director Collin B. Mooney in a letter to FMCSA. “FMCSA’s own research has found that the use of ELDs results in a reduction in a motor carrier’s crash rate and hours-of-service violations. It is time to move forward with this regulation.”

Fleets can keep using their existing AOBRDs for two years. Photo: Deborah Lockridge
Fleets can keep using their existing AOBRDs for two years. Photo: Deborah Lockridge

One of the arguments for delay has been that enforcement officials are not ready. And at CVSA’s recent North American Inspectors Championship, one ELD provider said there were quite a few questions from inspectors. Eroad company representatives onsite said the event was the first time for many of the enforcement officials to learn about the similarities and differences between ELDs and some AOBRD devices, and that many enforcement officials were not confident that the FMCSA will deliver ERODS (the computer program that inspectors are supposed to use to interpret the data from the ELDs) in a timely manner and with proper guidance and training.

However, Mooney told FMCSA in his letter, “I also want to assure you that, despite what opponents of the mandate may argue, the enforcement community is ready to begin enforcement of the requirement on Dec. 18, 2017.”

The CVSA announcement also included a reminder that motor carriers may continue to use a grandfathered automatic onboard recording device (AOBRD) up until Dec. 16, 2019. The AOBRD must meet the requirements of 49 C.F.R. 395.15.

This announcement does not impact enforcement of the OOSC for other hours-of-service violations.

For more information about the ELD rule, visit FMCSA's ELD implementation website.

Comments

  1. 1. Kenny scott [ August 28, 2017 @ 07:40AM ]

    Hr 3282 needs to pass more than ever the Cvsa is unfit to give any advise since they can't keep the highways safe now

  2. 2. Marvin [ August 28, 2017 @ 07:56AM ]

    That's a nice quote from Collin Mooney about alltge reductions in crashes and out-of-service violations. Reductions in crash rates is something they've never proven with actual statistics. The statistics that were proven was that fleets that currently use ELDs, or AOBRDs, still have the highest crash rates. This was never about safety.......it's all about enforcement!

  3. 3. Steve [ August 28, 2017 @ 08:11AM ]

    The most unsafe action on the highways is drivers texting,you would think the Feds would handle that before all else. It shows their extreme incompetence.They are more interested in violating the Constitution of the United States. Hiel Hitler !

  4. 4. Todd [ August 28, 2017 @ 08:20AM ]

    Another discretionary law,your always acriminal these days,but never know until its too late whether or not your gonna be treated as such,country is gone to shit,sorry,meant liberal

  5. 5. Mark [ August 28, 2017 @ 08:45AM ]

    Money has flipped his lid HE OR NOBODY IN HIS.OFFICE has done any research on this IT WAS DONE BY OUTSDE COMPANY more that likely a company that sell or makes ELDS ask ANY DOT OFFICER THAT INVESAGATES CRASHES THEY WILL TELL YOU THAT AT LEAST 75% OF TRUCK CRASHES HAVE ELD LOGS SO HOW IS IT SAFER IT ALL ABOUT CONTROL AND POWER WAKE UP PEOPLE THIS US NO GOOD THERE GOING TO BE ALOT AND I MEAN ALOT MORE CRASHES SOMTHING TO THINK ABOUT THESE CLOWNS THAT MAKE AND PASS THESE SO CA LAWS HOW MANY OF THEM HAVE ANY CLUE HOW OR WHAT TRUCKING IS ALL ABOUT NONE THEY PASS THESE STUPID LAW SO THEY CAN GET A KICK BACK SO ALL THERE DOING IS GETTING RICHER OFF TRUCKING COMPANY IM ASKING ALL YOU TRUCKER STAND UP CALL YOUR CONGRESS MAN OR WOMEN TELL THEM NO ITS TIME FOR THE AMERICAN TRUCKERS TO FIGHT BACK AND YOU STEERING WHEEL HOLDERS LEARN SOME RESPECT FOR YOURSELF AND OTHER TRUCKERS THE TIME IS NOW

  6. 6. Carlton [ August 28, 2017 @ 09:06AM ]

    the majority of the accidents I see are company trucks with ELD and some are the biggest abusers of speed limit and work zone laws. this is all about putting small business truckers out and trying to force us to buy someones product. They should be putting this effort toward people texting and make highways safer.

  7. 7. Don [ August 30, 2017 @ 12:27PM ]

    The only thing the CVSA officials and FMCSA enforcers are good for with the implementation of these regulations is Target Practice!!! Communist effing pigs!

  8. 8. T martin [ September 18, 2017 @ 01:26AM ]

    Shut them down boys..you'll then and only then get something done..if ya don't. What's next... Government over reach will never stop..

 

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