A Glimpse Into Roadside Enforcement of the ELD Rules

roadside assistance

By Dave Osiecki, President of Scopelitis Transportation Consulting and ELD Consultant to PeopleNet

An important aspect of any new regulation is its enforcement.  Carriers and drivers need to know how certain hours of service and ELD-related violations will be treated, particularly during roadside inspections.

Roadside Enforcement and the Out-of-Service Criteria (OOS Criteria)

As the December 2017 compliance date nears, FMCSA and its State enforcement partners are preparing materials and conducting training for their compliance and enforcement staff. For State and Canadian Provincial enforcement, the Commercial Vehicle Safety Alliance (CVSA), an organization dedicated to improving the uniformity of roadside CMV inspection and enforcement efforts in North America, recently added ELD-related information to its “North American Standard Out-of-Service Criteria” (OOS criteria), the pass-fail criteria for driver and vehicle inspections.  The purpose of the OOS criteria is to identify critical violations that render the driver, vehicle and/or cargo out of service until the condition(s) or defect(s) can be corrected or fixed. As noted in a previous blog post, OOS criteria for ELD violations will go into effect on April 1, 2018.

A Closer Look at Violations

Earlier this year, CVSA added ELD violation information to its OOS criteria. To do this, CVSA reviewed existing paper logbook violations, and added information explaining how these OOS logbook violations will be enforced on drivers with ELDs.  These CVSA explanations are provided in the table below.  Keep in mind that the violations included in the table are only those that will result in an OOS order.  There are other ELD-related violations that could be cited during a roadside inspection, but would not result in the driver being placed OOS.  For example, these include missing ELD record information such as a shipping document number, a truck or tractor identification number, or a trailer number.  These non-OOS violations will not be included in CVSA’s OOS criteria.

Paper Logbook Out-of-Service Violation  Corresponding ELD Out-of-Service Violation
1. No record of duty status (i.e., log)
  1. If a driver is required to have an ELD and the vehicle is not equipped with an ELD (or AOBRD until Dec 17, 2019), the driver is considered to have no record of duty status
  2. If a driver does not log into the ELD as required (see 395.22(e)), the driver is considered to have no record of duty status
  3. If a driver is unable to produce or transfer the data from and AOBRD or ELD to an authorized safety official as required by 395.15(b) or 395.24(d), the driver is considered to have no record of duty status
  4. If a driver/carrier is using an ELD that is not authorized by the FMCSA per 395.22(a), the driver/carrier is considered to have no record of duty status
  5. If a carrier does not repair a malfunctioning ELD within 8 days, or obtain an extension from the FMCSA Division Administrator as required by 395.34(d), the driver is considered to have no record of duty status
2. False log If a driver indicates use of a special driving category as defined by 395.28(a) when not involved in that activity, the driver’s log is considered to be false
3. Driver not in possession of previous seven (7) days of logs If a driver with a malfunctioning AOBRD or ELD fails to reconstruct logs for the current 24-hour period and the previous 7 days as required by 395.15(f) or 395.34(a)(2), the driver is considered to not have the previous 7 days of logs

As more enforcement information is made available by FMCSA and CVSA, PeopleNet is committed to providing and explaining it to its customers, and to the industry at large.

Interested in learning more? Visit our ELD Resource Page for more information about how to stay compliant with the upcoming ELD mandate.

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