Use of ELDs for Hours-of- Service Recordkeeping

Transcription

1 Use of ELDs for Hours-of- Service Recordkeeping Robert King Greg Nahmens Federal Motor Carrier Safety Administration 1

2 Outline of Today s Presentation History of EOBR Rulemaking Supplemental Notice of Proposed Rulemaking The basics Applicability; phase-in Technical elements: AOBRD, vacated 2010 Final Rule, SNPRM Other elements: supporting documents, privacy protection, prevention of driver harassment Next Steps 2

3 Legislative Background Truck and Bus Safety and Regulatory Reform Act (1988) Required that Agency rules on electronic recorders ensure that such devices are not used for driver harassment. HMTAA (1994) Required that the Agency s HOS rules specify number, type, and frequency of supporting documents that must be maintained. MAP-21 (2012) Required the Secretary adopt rules requiring that CMVs involved in interstate commerce, operated by drivers who are required to keep RODS, be equipped with ELDs. Set deadline for prescribing regulations by Oct. 1,

4 Rulemaking History 1988: AOBRD final rule : HOS NPRM proposed HOS recorders for long-haul/regional carriers; final rule did not include this provision : EOBR 1 rulemaking February 2011: EOBR 2 NPRM August 2011: EOBR 1 Final Rule vacated : MCSAC activity, listening sessions December 2013: ELD SNPRM 4

5 April 5, 2010 Final Rule New performance-oriented standards for recorder technology. Mandatory use of recorders to remediate HOS non-compliance. Incentives to promote voluntary use of recorders. Applicable to all motor carriers in interstate commerce Mandatory only for carriers subject to a Remedial Directive on/after June

6 February 2011 NPRM Drivers currently using records of duty status (RODS): Must use HOS recording devices; Would not have to maintain and retain certain categories of HOS Supporting Documents. All motor carriers (RODS users and timecard users) must maintain an HOS management system Lead time: 3 years after publication of final rule. 6

7 Court Decision to Vacate After the 2010 final rule was published, the Owner-Operator Independent Drivers Association OOIDA filed suit in the Seventh Circuit to invalidate it. In August 2011, the Court invalidated the rule because FMCSA did not address the issue of driver harassment. For this reason, the 2011 NPRM (and any future rulemaking) could no longer rely on the April 2010 technical specifications for a future ELD rulemaking. 7

8 Overview of SNPRM Four primary components: (1) Prescribes minimum technical standards for ELDs. (2) Subject to a limited exception, requires drivers who need to keep RODS to use ELDs. (3) Establishes explicit requirements for HOS supporting documents, specifying the number, type and frequency in accordance with the statute. (4) Prohibits harassment of drivers and establishes a complaint process for drivers, due process for carriers and specifies civil penalties. 8

9 Minimum Technical Standards Generally based on performance -- maximize flexibility, minimize cost. Prescriptive outputs proposed to obtain a consistent enforcement standard. Includes minimum requirements for information displayed 9

10 Data Transfer Transmitted over-the air and via wired/proximity mechanisms to accommodate a variety of provider and enforcement needs; or Produces printouts as specified. Wireless: via Webservices, Bluetooth, or using CMRS, Wi-Fi, WiMax, etc. Wired backup would be USB 2.0 and either scannable QR code or TransferJet Data would be encrypted/secured 10

11 Options for Roadside* Data Transfer Capabilities from an ELD Option 1: Printout Report + QR Code printout Option 2: Wireless Web Services + USB QR Codes Option 3: Wireless Web Services + USB TransferJet Option 4: Bluetooth + USB QR Codes Option 5: Bluetooth + USB TransferJet Option 6: Wireless + USB QR Codes Option 7: Wireless + USB TransferJet * Printout is an alternative for roadside only. For carrier reviews, must retain and present data in electronic format, with data transfer via or webservices or USB

12 ELDs for all RODS-Users Subject to limited exception, mandates all drivers and motor carriers (including passenger carriers) currently using RODS would be required to use ELDs. 100 air-mile radius drivers may continue to use timecards, as allowed by 395.1(e)(1). 150 air-mile radius non-cdl freight drivers may continue to use timecards, as allowed by 395.1(e)(2) 100- and 150- air-mile radius drivers who use paper RODS more than 8 days in any 30-day period (because they do not meet the RODS exception), must use ELDs. 12

13 Compliance date Compliance date proposed 2 years after Final Rule is published AOBRDs compliant with that were installed before the compliance date, could be used for 2 more years. AOBRDs must be upgraded or replaced with ELDs within 4 years of the publication of the Final Rule. 13

14 ELD Technology: basic information Identity of the driver Duty status (OD-D, ODND; OffD; SB) Date, time, location at each change of duty status Distance traveled 24-h period starting time; 7/8 day basis Hours in each duty status (24-h, total) Carrier s USDOT number Truck/tractor and trailer ID 14

15 Proposed Data Elements 24-Hour Period Starting Time Carrier Name Carrier s USDOT Number CMV Power Unit, Trailer Number(s) CMV VIN Comment/Annotation Data Diagnostic Event Indicator Status Date and Time Distance Since Last Valid Coordinates Driver s License Issuing State Driver s License Number Driver s Location Description ELD Account Type ELD Authentication Value ELD Identifier ELD Registration ID ELD Username Engine Hours Event Code Event Data Check Value Event Record Origin Event Record Status Event Sequence ID Number Event Type Exempt Driver Configuration File Data Check Value First and Last Name Geo-Location Latitude and Longitude Line Data Check Value Malfunction/Diagnostic Code Malfunction Indicator Status Multiday Basis Used Order Number Output File Comment Shipping Document Number Time Zone Offset from UTC Vehicle Miles Black same as EOBR FR Blue modified from EOBR FR Red new for ELD SNPRM 15

16 Alternative ELD Implementation Possibilities Dedicated Device ELD A Standalone ELD ELD an app within a Smartphone Communication Asset Mgt Navigation Phone Communication Asset Mgt FMS Navigation Diagnostics ELD an app within a Fleet Management System Personal Activities ELD Emergency Control ELD ELD an app within a handheld device Personal Activities Tablet ELD Diagnostics Vehicle Control System ELD Navigation GPS ELD ELD an app within a navigation system ELD an app within an existing vehicular control system (e.g. Engine Control Module) 16

17 Integral Synchronization AOBRD 2010 Final Rule ELD SNPRM Integral synchronization required, but term not defined in the FMCSRs Integral synchronization required, defined to specify signal source internal to the CMV Integral synchronization with the CMV engine*, to automatically capture engine power status, vehicle motion status, miles driven, engine hours. * For MY 2000 and later, interfacing with engine ECM. 17

18 Recording Location Information AOBRD Required at each change of duty status. Manual or automated 2010 Final Rule ELD SNPRM Require automated entry at each change of duty status and at 60-minute intervals while CMV in motion. Require automated entry at each change of duty status, at 60-minute intervals while CMV is in motion, at engine-on and engineoff instances, and at beginning and end of personal use and yard moves. 18

19 Graph Grid Display AOBRD 2010 Final Rule ELD SNPRM Not required time and sequence of duty status changes Not required on EOBR, digital file to generate graph grid on enforcement official s portable computer. An ELD must be able to present a graph grid of driver s daily duty status changes either on a display unit or on a printout 19

20 HOS Driver Advisory Messages AOBRD Not addressed 2010 Final Rule Requires notification at least 30 minutes before driver reaches 24-hour and 7/8 day driving and on-duty limits ELD SNPRM HOS limits notification not required. Unassigned driving time/miles warning provided upon login. 20

21 Device Default Duty Status AOBRD Not addressed Final Rule ELD SNPRM On-duty not driving when the vehicle is stationary (not moving and the engine is off) 5 minutes or more. On-duty driving, when CMV has not been inmotion for 5 consecutive minutes, and driver has not responded to an ELD prompt within 1 minute. No other nondriver-initiated status change is allowed. 21

22 Clock Time Drift AOBRD Not addressed Final Rule ELD SNPRM Absolute deviation from the time base coordinated to UTC shall not exceed 10 minutes at any time. ELD time must be synchronized to UTC, absolute deviation must not exceed 10 minutes at any point in time. 22

23 Communications Methods AOBRD 2010 Final Rule ELD SNPRM Not addressed focused on interface between AOBRD support systems and printers Wired: USB 2.0 implementing Mass Storage Class 08H for driverless operation. Wireless: IEEE g, CMRS. Primary: Wireless Webservices or Bluetooth 2.1 or (SMTP) or Compliant Printout Backup Wired/Proximity: USB 2.0 * and (Scannable QR codes, or TransferJet * ) * Except for printout alternative 23

24 Resistance to Tampering AOBRD 2010 Final Rule ELD SNPRM AOBRD and support systems, must be, to the maximum extent practical, tamperproof. must not permit alteration or erasure of the original information collected concerning the driver's hours of service, or alteration of the source data streams used to provide that information. An ELD must not permit alteration or erasure of the original information collected concerning the driver s ELD records or alteration of the source data streams used to provide that information. An ELD must support data integrity check functions. 24

25 Identification of Sensor Failures and Edited Data AOBRD 2010 Final Rule ELD SNPRM (i)(7) Must identify sensor failures and edited data The device/system must identify sensor failures and edited and annotated data when downloaded or reproduced in printed form. An ELD must have the capability to monitor its compliance (engine connectivity, timing, positioning, etc.) for detectable malfunctions and data inconsistencies. The ELD must record these occurrences. 25

26 HOS Compliance Checking Software (e.g. erods) Features Reads HOS log file from ELDs & Carriers support systems Creates graph grid on officer s computer Identifies and lists violations for officers review Enables officers to enter supporting docs timestamps Use at roadside inspections and during on-site reviews 26

27 HOS Compliance Checking Software (e.g. erods) Benefits Eliminates need to manually reconstruct logs at roadside Checks multiple drivers during on-site reviews FMCSA supported application Part of Mobile Client suite of applications Integrated with Aspen and CAPRI functions 27

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32 Supporting Documents Requirements Applies to documents generated or received by a motor carrier in its normal course of business. Generally, documents received to verify driving time would no longer be required. Proposes to cap document retention at 10 documents per driver duty day. Driver must submit documents to motor carrier within 8 days. 32

33 Supporting Documents (more) Limits supporting documents to 5 categories: Bills of lading/itineraries/schedules/equivalent with trip origin and destination; Dispatch records/trip records/equivalent; Expense receipts; Electronic mobile communication records/fms communications; and Payroll records/settlement sheets/equivalent documents that indicate what and how a driver was paid. 33

34 Supporting Documents (still more) A supporting document must have the following elements: Driver name/number assigned to driver by carrier; Date; Location; and Time. 34

35 Privacy of ELD data Concerns: Potential misuse of data, invasion of driver privacy What SNPRM Proposes : HOS data is used to determine HOS compliance Location information only to level of city/town/village No inquiry into off-duty activities except in context of investigation of a crash or alleged FMCSR violation 35

36 Prohibitions on Harassment FMCSA defines harassment as: action by a motor carrier toward a driver involving use of information available through an ELD or [related] technology that motor carrier knew, or should have known, would result in violat[ion] of or part 395 Violation would be considered an acute violation under Safety Fitness Determination (SFD) procedures, would result in a civil penalty. ELD technical specifications would include protections, i.e., mute option when driver is in the sleeper berth; access to driver s own records documenting HOS. SNPRM would establish a formal complaint process. 36

37 Regulatory Options Option 1: Mandate ELDs for all CMV operations; Option 2 (Agency s preference): Mandate ELDs for all CMV operations where the driver is required to complete RODS; Option 3: Population of Option 1 and require the devices to be capable of printing the RODS. Option 4: Population of Option 2 and require the devices to be capable of printing the RODS. 37

38 Economic Analysis Table 3. Annualized Costs and Benefits ($2011 millions, 7 Percent Discount Rate) Option 1 Option 2 Option 3 Option 4 New ELD Costs $1,270.0 $955.7 $1,722.6 $1,311.1 AOBRD Replacement Costs $8.7 $8.7 $8.7 $8.7 HOS Compliance Costs $726.6 $604.0 $726.6 $604.0 Enforcement Training Costs $1.7 $1.7 $1.7 $1.7 Enforcement Equipment Costs $2.0 $2.0 $0.0 $0.0 Driver Training $8.5 $6.7 $8.5 $6.7 Total Costs $2,017.4 $1,578.7 $2,468.0 $1,932.1 Paperwork Savings $1,637.7 $1,637.7 $1,637.7 $1,637.7 Safety Benefits $474.8 $394.8 $474.8 $394.8 Total Benefits $2,112.5 $2,032.5 $2,112.5 $2,032.5 Net Benefits $95.1 $ $355.5 $100.4 Option 2 is the preferred option. 38

39 Next steps March 28, 2014: SNPRM published June 26, 2014: End of comment period Late 2015: Publish final rule 2 years after final rule is published: first compliance date 4 years after final rule is published: second compliance date RIN 2126-AB20 in 39

40 Thank you very much! Questions? Contact Deborah Freund, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations 40