An Overview of Electronic Logging Devices (ELDs) & Proposed Regulations for the Fleet Industry

Transcription

1 An Overview of Electronic Logging Devices (ELDs) & Proposed Regulations for the Fleet Industry October 26, 2015

2 Table of Contents: What is an ELD? 3 Who Does This Impact? 3 What is the Future of the ELD? 4 ELD Timeline 4 What Does This Mean For You as a Carrier 4 As a Carrier You Will Have to Think About 4 Benefits of Having ELD: Paperwork Savings and Safety 5 Paperwork Savings: Drive Time, Clerical Time and Paper Costs 5 Safety: Engine Faults, Increased HOS Compliance, and Crash Reductions 5 Electronic Logging: History AOBRD Rule [2] EOBR Rule [2] ELD SNPRM [2] 9 When is the Final Decision? 10 How Does Fit in All of This? 10 Drive Timeline 10 Conclusion 10 References 11 My 2

3 What is an ELD? An Electronic Logging Device (ELD) is a device that is proposed by the Federal Motor Carrier Safety Administration (FMCSA) that will be attached to all Commercial Motor Vehicles (CMV) to synchronize with the engine and record Hours of Service (HOS)[1]. The ELD will facilitate considerably more accurate recording of all Driver activity by providing snapshots throughout the Driver s day [1]. Who Does This Impact? Essentially all CMV Carriers that operate across state lines will be impacted. Any driver who is required by law at the moment to log Hours of Service (HOS) will be affected by this ruling. The FMCSA proposes that any driver who maintains 8 or more days worth of duty status logs, out of 30 days, will require an ELD. My 3

4 What is the Future of the ELD? ELD Timeline The ruling will apply to all drivers currently required to keep Records of Duty Status (RODS). Also, Drivers who are required to keep RODS in 8 or more days out of every 30 days must be equipped with an ELD [2]. The FMCSA predicts that approximately 3.1 million Commercial Motor Vehicles (CMV) and 3.4 million Drivers will be affected by this ruling [3]. What Does This Mean For You as a Carrier? This proposal from the Federal Motor Carrier Safety Administration (FMCSA) will have a major impact on the industry. As a Carrier You Will Have to Think About: My 4

5 Benefits of Having ELD: Paperwork Savings and Safety Paperwork Savings: Drive Time, Clerical Time and Paper Costs Safety: Engine Faults, Increased HOS Compliance, and Crash Reductions My 5

6 Electronic Logging: History Note: This timeline is a summary of the FMCSA legislation history as described below Motor carriers began to use automated HOS recording devices in the mid-1980s to replace paper records. The Federal Highway Administration, the agency at that time responsible for motor carrier safety regulations, published a final rule in 1988 that defined AOBRDs and set forth performance standards for their use: September 30, 1988[4] On April 5, 2010, FMCSA published a final rule entitled Electronic On-Board Recorders for Hours-of-Service Compliance (EOBRs). Among other changes, the April 2010 final rule: Prescribed new performance standards for EOBRs installed in commercial motor vehicles (CMVs) manufactured on or after June 4, 2012; 1. Provided for the issuance of remedial directives to carriers that demonstrated noncompliance with Hours of Service rules at a prescribed level during the course of compliance reviews, requiring such carriers to use EOBRs for a 2-year period; 2. Altered the Agency s safety fitness standard to take into account issuance of a remedial directive when determining a carrier s fitness; and 3. Modified supporting document requirements and compliance review procedures for those carriers that voluntarily chose to use EOBRs. The final rule took effect on June 4, 2010 [5]. My 6

7 2012 On May 14, 2012, the FMCSA formally rescinded its final rule published on April 5, 2010, requiring EOBR devices. The FMCSA wrote: This final rule rescinds the final rule published on April 5, 2010, entitled Electronic On-Board Recorders for Hours-of-Service Compliance and amended by a September 13, 2010, technical amendment. This action responds to a decision of the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule, FMCSA wrote in the formal notice published in the Federal Register [6]. The court found that FMCSA s failure to address the issue of harassment as part of the rulemaking a factor the agency was required to address under 49 U.S.C (a) rendered the rulemaking arbitrary and capricious. Although the court s opinion focused on the remedial directive for carriers that demonstrated noncompliance with hours of service rules, the court vacated the entire rule, FMCSA noted in the publication [6] On March 12, 2014, the FMCSA announced on March 13, 2014 a Supplemental Notice of Proposed Rulemaking (SNPRM) to mandate electronic logging devices [6]. The development of the Electronic Logging Device mandate is part of the transportation reauthorization bill MAP-21 (Moving Ahead for Progress in the 21st Century) that was signed in 2012 [6]. The FMCSA published a formal proposal: Supplemental Notice of Proposed Rulemaking (SNPRM) on March 28, 2014, and asked for the public to make comments and suggestions. The comment period ended on June 26, 2014 [6] The White House Office of Management and Budget (OMB) received the rules from the Federal Motor Carrier Safety Administration on July 30 - the last step before official publication [6]. FMCSA officially sets October 30, 2015 as the target date for release of the final version. Note: The original release date was originally intended for September 30, 2015 but, on September 15, 2015 it was postponed to October 30, 2015 [6]. My 7

8 Comparison Charts: Functions and Features Defined By Rulings 1988 AOBRD Rule [2] My 8

9 2010 EOBR Rule [2] 2013 ELD SNPRM [2] My 9

10 When is the Final Decision? FMCSA officially sets October 30, 2015 as the target date for release of the final version [2]. How Does Fit In All of This? Drive Timeline Conclusion The FMCSA has set October 30, 2015 as the final date for publishing the ELD mandate. Once the ruling is released, fleets will have two years to switch over to an ELD solution. By November 2019, all fleets using AOBRD devices are required to switch over to an ELD solution. This document reflects s understanding and interpretation of the ELD legislation at the time of writing. It is not legal advice and should not be relied upon as such. Planned functionality for Drive reflects s intentions at the time of writing, actual implemented functionality may differ. If you have any questions or comments about ELD and the new regulations, please reach out to us on Twitter using and #ELD. You can also connect with us on Facebook, LinkedIn, Google+, YouTube, Vimeo, and Pinterest. My 10

11 References [1] Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21). Federal Register [Online]. Available: Sept,2015 [Sept. 30th, 2015]. [2] Electronic Logging Devices and Hours of Services Supporting Documents; Proposed Rule. Federal Register. [Online]. 79[60]. pp Available: [3] Justification for Non Material/Non Substantive Change for OMB Control Number ICR Federal Motor Carrier Safety Administration. [Online] Available: July, 2008 [Sept. 30th, 2015]. [4] Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device Information Federal Motor Carrier Safety Administration. [Online] Available: April, 2012 [Sept. 30th, 2015]. [5] Electronic Logging Devices of Service Supporting Documents: FMCSA Federal Motor Carrier Safety Administration. [Online] Available: May, [Sept. 30th, 2015]. [6] Electronic On-Board Recorders for Hours-of-Service Compliance;Removal of Final Rule Vacated by Court. Federal Register. [Online] Available: May, 2012 [Sept. 30th, 2015]. My 11