In mid-March, the Federal Motor Carrier Safety Administration (FMCSA) issued a revised proposal to mandate electronic logging devices would be a part of all commercial trucks and buses. With the comment period remaining open through the end of May, it’s important for Multi Service Fuel Card holders to understand exactly what the mandate is in order to accurately comment. It’s estimated that the annualized cost of compliance for the new rule will be between $165 and $832 per truck, and the mandate basically breaks down into four main components.
1. Mandating ELDs – The mandate applies to all drivers who currently are required to keep records of duty status in at least eight days out of every 30 days. This mandate would replace the 2010 rule requiring drivers who keep records of duty status two or more days out of seven use a logging device. If everything passes as expected, drivers and carriers would have two years after the effective date of the final rule to install and use a logging device. Those carriers who use “automatic on-board recording devices” would have an additional two years to comply.
2. Harassment – When a similar rule was proposed in 2010, part of the reason it was derailed was that a federal judicial panel vacated the entire rule due to concerns the devices could be sued to pressure drivers to continue work when tired or interrupt their rest periods by using the devices to contact them. With the new proposed rule, some safeguards have been put in place.
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A. Drivers have the ability to obtain copies of their ELD records via their devices.
B. The mandate explicitly prohibits carriers using ELD data to force a driver to continue to drive even if he/she has remaining hours.
C. Complaint procedures will be implemented.
D. Harassment would be considered an Hours-of-Service penalty.
E. The driver must be allowed to mute the device while in sleep mode.
F. Drivers and carriers alike may request changes to the electronic records of duty status. It should be known that a change would not overwrite the original record and edits by a driver or carrier would need to be sent to the other for approval.
G. There will be no constant real-time vehicle tracking. Location data will only be sent when a driver changes duty status, a driver inputs personal use or yard moves, the truck’s engine is powered on or off and hourly while the vehicle is moving.
H. The FMCSA is required to institute measures to protect drivers’ personal data when information from an ELD is used in enforcement proceedings.
3. Hardware Specifications – Required devices are far more technologically advanced than those required by the 2010 rule. New ELDs will be required to sync with their truck’s engine and must be tamper resistant and able to handle location, status change and edit functions. New ELDs also must “present a graph grid of a drivers’ daily duty status changes.” FMCSA is currently working with individual states to develop software to be able to receive, analyze and display data from ELDs so roadside officers can use the information as well.
4. Supporting Documents – Drivers and carriers both will be required to maintain documentation that verifies all records. For example, for every 24-hour period, drivers and carriers must maintain documents to verify on-duty time spent not driving for expenses levied during that time. If there are fewer than 10 in the 24-hour period, all must be kept. If there are more than 10, the first and last in the day must be kept as well as eight others in between. The eight can be for anything throughout the 24-hour period, though.
You can submit a comment regarding the electronic logging device mandate by website, email, fax or mail:
Visit regulations.gov and use Docket Number FMCSA-2010-0167
Send to email@example.com using Attention: Desk Officer for FMCSA, DOT in the subject line (already filled out in the link)
Office of Integration and Regulatory Affairs, Office of Management and Budget
725 17th St. N.W.
Washington, DC 20503
ATTN: Desk Officer, FMCSA, DOT
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