ELD Requirements: a refresher By Eric Arnold Arnold Safety Consulting, Inc. G
reg Chiecko has asked me to remind OABA members about the Electronic Logging Device (ELD) requirements, and discuss the interpretation OABA obtained from the Federal Motor Carrier Safety Administration (FMCSA) on this issue. In a nutshell, the inter- pretation makes it very likely OABA members are not required to utilize ELDs, and may instead use paper logs to record a driver’s hours of duty.
Issue To refresh your memory, the
FMCSA mandated in 2017 over- the-road drivers stop using paper logs, and begin using ELDs. This mandate exempts local drivers from needing ELDs. They are allowed to still record their time on a time sheet, capturing the time started, time finished, and total number of hours worked that day, provided they stay within 100 air miles of their office, and conclude their work day within 12 hours. On days when they work more than 12 hours, or exceed the 100 air mile radius, they are allowed to record their time on a traditional paper log. The ELD regulations say a motor carrier cannot have more than 8 days of paper logs, out of any 30 day period, however. If that is the case, the motor carrier may no longer utilize paper logs, and must in- stead use ELDs.
OABA members usually only operate vehicles a handful of days throughout the month. The issue is
our work-reporting location changes every week or two. FMCSA has an interpretation which says a motor carrier may change its normal work-reporting location for purposes of determin- ing whether a driver is a local driver or not. The question was whether or not there was a length of time a motor carrier had to be in a location to call that its ‘normal work reporting location.’ In June, 2018, FMCSA issued a written interpretation based on our inquiry, stating there is no length of time a motor carrier needs to be in a location in order to call it its ‘normal work reporting location’. This is the key determi- nation which will enable OABA members to utilize paper logs, if they wish.
Interpretation
The interpretation states you may change your normal work reporting location as often as you wish. However, on days when you do not return to the normal work reporting location, because you are moving the show, and estab- lishing a new normal work report- ing location, you must fill out a paper log. On days where the trucks are stationary at whatever fair or festival you are working, you may record the drivers’ time on a time sheet, with the time started, time finished, and total number of hours worked. On days when you are moving, you will need to fill out paper logs for those days. You cannot have more
OABA midway ma
than 8 days of paper logs out of any 30 day period.
Paperwork for Police If you intend to utilize this
interpretation, and not use ELDs, I recommend the following. On days when the show is moving, your drivers must complete paper logs, just as they always have. On days when the drivers are working on the show, or driving short distanc- es around the show, they should record their time on a time sheet, identifying the day, time started, time finished, and total number of hours worked that day. All days in a month must have a time record, whether it be on the time sheet, or on a paper log.
In the event a driver is stopped by the police, the driver should have his paper log for that day, and his time sheet covering at least the past week. He also should have a copy of the official inter- pretation letter. Greg Chiecko and the OABA office have the official interpretation. If you are going to utilize paper logs, I recommend all vehicles doing so have a copy of the interpretation in the truck to show any inquiring police officers. This is very important, as other- wise, the police may take the position that since you are hun- dreds of miles away from your winter quarters, you are not allowed to utilize the local driver exception, and therefore must have an ELD. The ELD regulations are new and complex. There will be confusion amongst police
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