The FMCSA has implemented the ELD Rule, which requires all interstate & hazmat motor carriers who are required to keep logs (RODS), to convert to compliant ELDs by December 17, 2017. If you are currently using an AOBRD, you will need to replace it with a compliant ELD by December 16, 2019.
Implementation Deadline: December 17, 2017
Automatic On-Board Recording Device Replacement by December 16, 2019.
ELD Rule Exceptions
The following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required):
- Drivers who use paper logs no more than 8 days during any 30-day period.
- Driveaway-towaway drivers (transporting an empty vehicle for sale, lease, or repair).
- Drivers of vehicles manufactured before model year 2000.
ELD Harassment Protection
Prohibits action by a motor carrier toward a driver that would result in an HOS violation, involving an ELD.
Harassment may be tacked on to an underlying HOS violation penalty.
Does not require adverse action.
Compare to the Driver Coercion Rule, which prohibits coercion, even mere threats of adverse employment action, of a driver to violate the FMCSRs, over the driver’s objection. Applies to motor carrier employer, brokers, shippers, receivers, and others who may coerce a driver, over an expressed objection to a perceived safety violation. 49 U.S.C. 31105.
Company Policies & Training
When implementing ELDs, you should review the Driver Safety Manual and other company policies to ensure compatibility with using an ELD and compliance with the ELD Harassment Protection rule.
- What policies influence how Drivers will be able to accept/reject log edits from the safety department?
- How will log auditing be handled?
- How will unassigned driving time be reconciled?
- How will tampering with the ELD be handled?
- Do drivers know how to handle a roadside inspection?