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Out-of-Service ELD Enforcement: 3 Things to Know

Out-of-Service ELD Enforcement: 3 Things to Know | The Road

On August 28, 2017, the Commercial Vehicle Safety Alliance (CVSA) announced that out-of-service orders regarding ELD compliance will not be enforced until April 2018. CVSA works with state-level law enforcement departments to enforce transportation policy.

In order to help ensure a smoother transition to mandatory electronic logging devices (ELDs), the CVSA has decided to wait until April 2018 to issue out-of-service orders for drivers who are not ELD compliant by the December 18, 2017 implementation date.

It is important to note that law enforcement will still write citations and warnings between December 2017 and April 2018 for carriers that are not ELD compliant.

So how does this fit into overall ELD implementation? There are three key points to understand:

  1. This is effectively a soft enforcement delay that will allow both law enforcement and carriers to slowly ramp up into compliance without causing significant disruption to the industry. Essentially, CVSA is providing time for the transportation industry to adjust to the ELD mandate and work out technical details before enforcing out-of-service orders for non-compliance.
  2. Please note that CVSA will continue to place drivers out-of-service for hours of service violations, with or without an ELD, just as they currently do with paper logbooks.
  3. There may be potential additional technical delays to the ELD mandate implementation schedule. Congress has considered a provision that delays the mandate, but the House rejected this bill in early September.

In addition, technical complexities could delay the implementation further. However, the out-of-service delay announcement will allow more time to work out technical challenges.

C.H. Robinson will continue to closely monitor these potential impacts, and will keep you informed as we move toward the December 18, 2017 implementation date.

If you are currently exploring ELD options, check out this recent post to learn about C.H. Robinson’s collaboration with ONE20, offering a cost-effective ELD solution . You can also find more helpful information about the ELD mandate in this post from earlier in the year.

- Director, Government Affairs- C.H. Robinson

Comments

Said

Thanks for information .

8.30.17

Reply

Joseph

Do owners with older trucks have to summit paperwork to be exempt from ELD's??

8.30.17

Reply

    C.H. Robinson

    Hi Joseph,

    The FMCSA has a helpful resource for ELD-related questions: https://www.fmcsa.dot.gov/hours-service/elds/drivers-and-carriers

    This FAQ from the FMSCA site might help answer your question:

    If the vehicle registration for a commercial motor vehicle reflects a model year of 2000 or newer, but the connections and motor vehicle components (such as the engine) are older than model year 2000, is the vehicle exempt from the ELD rule?

    Yes. When a vehicle is registered, the model year should follow the criteria established by the National Highway Traffic Safety Administration (NHTSA). There may be instances where the model year reflected on the vehicle registration is not the same as the engine model year, most commonly when a vehicle is rebuilt using a “glider kit.” In this circumstance, an inspector/investigator should use the model year on the engine to determine if the driver is exempt from the ELD requirements. If the engine model year is older than 2000, the driver is not subject to the ELD rule. In instances in which the engine model year is 2000 or newer, and the vehicle registration reflects a model year older than 2000, the driver is subject to the ELD rule. While the driver is not required to possess documentation that confirms the vehicle engine model year. 49 CFR Part 379 Appendix A, requires motor carriers to maintain all documentation on motor and engine changes at the principle place of business. If a determination cannot be made at the roadside, Law Enforcement should refer the case for further investigation.

    Thank you,
    C.H. Robinson Social

    8.30.17

Macros

FYI I just read from FMCSA dated August 2, 2017. ELD will be implemented in three phases and they are as follows:

1) Awareness and Transition Phase February 16, 2016 to December 18, 2017;

2) Phase-In Compliance December 18, 2017 to December 16, 2019; and

3) Full Compliance Phase after December 16, 2019.

This is the latest ELD Compliance but if there is a more recent update for ELD compliance let us know.

8.30.17

Reply

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