ELECTRONIC LOGGING DEVICES: THE FUTURE IS NOW, OR AT LEAST, REALLY SOON In December 2015 the Federal Motor Carrier Safety


Administration issued its final rule requiring the use of electronic logging devices (ELDs) by virtually all drivers currently required to complete paper logs. This is a fundamental shift in how most trucking companies across the country monitor their drivers’ records of duty. In this issue of Arkansas Trucking Report, we talked to carriers of all sizes about their experiences and reasons for tran- sitioning to ELDs ahead of the rule.


GENERAL OVERVIEW OF THE RULE: Timeline for adoption:


• December 18, 2017 – Fleets and drivers required to complete paper logs must adopt and use electronic logging devices by December 18, 2017, unless they operate under a limited excep- tion or are grandfathered in because they are currently using automatic on-board recording devices


• December 16, 2019 – Fleets and drivers who were early adopters and were already using automatic on-board recording devices to electronically track driver hours of service must switch to ELDs or have their existing equipment modified to meet the ELD specifications by this date


WHO MUST USE ELDS? Companies currently required to keep paper logs must transi-


tion to ELDs, with the following limited exceptions that do NOT have to comply: • Drivers who use paper logs for no more than 8 days during any 30 day period


• Drivers of vehicles manufactured before model year 2000, due to electronic connectivity capability of the vehicle


• Drivers who conduct driveaway-towaway operations where the vehicle is the product being delivered


• Short haul drivers using the logbook timecard exception (i.e., 100 air miles)


SHORT HAUL DRIVERS: Drivers who are not required to complete logs because they


meet one of the short haul exemptions in section 395.1 (e) of the Federal Motor Carrier Safety Regulations are not required to use ELDs. FMCSA recognizes that these drivers occasionally do not meet the conditions of these exemptions. In those instances, drivers are required to keep a paper log; however, drivers who use a paper log more than 8 days in any 30 day period must start using ELDs.


LOCATION MONITORING: ELDs must record a vehicle’s location at every change of duty


status and at least every 60 minutes. To protect driver privacy and against harassment, the devices will record location during on-duty time at a precision of approximately one mile and during off-duty time of within 10 miles.


ARKANSAS TRUCKING REPORT | Issue 6 2016 35


SUPPORTING DOCUMENTS: Because ELDs negate the need for supporting documents to


verify driving time, FMCSA has implemented new document reten- tion requirements to verify on-duty, not driving, time. The final rule requires fleets to retain up to eight supporting documents from several categories per driver for each 24-hour period. They are:


• Bills of lading, itineraries, schedules or equivalent documents indicating the origin and destination of a trip;


• Dispatch records, trip records or equivalent documents; • Expense receipts related to on-duty, not driving, time; • Text messages, email messages, instant messages or other electronic mobile communications transmitted through a fleet management system;


• Payroll records, settlement sheets or other documents reflecting driver payments.


DATA TRANSFER: ELDs must be able to transfer data electronically via either:


1. A “telematics” approach capable of wireless Web service; or 2. A “local” method capable of Bluetooth and USB 2.0 transfer. In all circumstances, drivers must be able to show a roadside


inspection officer a graph-grid of his hours of service compliance, either on the ELD’s display or on a hardcopy paper printout.


ELD MALFUNCTIONS: In the event that an ELD malfunctions, the driver is required


to immediately use a paper log and to reconstruct logs for each of the past 7 days, unless the driver already possesses the records or the records are retrievable from the ELD. The electronic log must be repaired within 8 days.


PERSONAL CONVEYANCE AND YARD MOVES: Authorized use of a commercial motor vehicle for personal


conveyance will not be recorded as on-duty driving, but rather off- duty time. Similarly, authorized use of a CMV in a closed facility with restricted access (e.g., a yard) will be recorded as on-duty not driving time.


DRIVER EDITS: Drivers will be able to make edits and annotations to their


electronic logs; however the edits will not overwrite or erase the original record. Employers will be able to request edits or annotations, but those must be approved by the driver.


Information provided courtesy of the American Trucking Associations


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