Federal Motor Carrier Safety Administration ELDs Phase II: Managing ELD Hours of Service Tennessee M otorcoach Meeting 2018 Federal Motor Carrier Safety Administration

Agenda Phase II of the ELD Rule ELD System Benefits ELD vs. Fleet Management Technology ELD Policies and Procedures ELDs and Hours of Service HOS FAQs Managing ELD Hours of Service ELD Training and Events During this presentation, we will look at what to expect as we transition into Phase II compliance era as well as discuss the benefits of using an ELD in comparison to Fleet management Systems. We will consider procedures and policies to aid the motor carrier in ensuring systems are in place to not only comply with the ELD rule but effectively monitor electronic driver’s hours of service. These recommendations will help prevent process breakdowns which could lead to HOS violations.

ELD Rule Compliance - Phase II December 18,2017 – All drivers are required to record HOS using an ELD unless they meet one of the limited exemptions. AOBRD Grandfather period begins CVSA ELD Out-of-Service Criteria effective April 1,2018 No points assessed against your CSA score for this period. HOWEVER, be aware that at least 11 state jurisdictions have announced they will be issuing citations for violations of operating without an ELD when an ELD is required. (Officer discretion, California, Colorado, Delaware, Idaho, Indiana, Minnesota, New Hampshire, New Mexico, Washington, West Virginia, Wyoming) December 18,2017 – All drivers are required to record HOS using an ELD unless they meet one of the limited exemptions. AOBRD Grandfather period begins CVSA ELD Out-of-Service Criteria effective April 1,2018 No points assessed against your CSA score for this period. HOWEVER, be aware that at least 11 state jurisdictions have announced they will be issuing citations for violations of operating without an ELD when an ELD is required. (Officer discretion, California, Colorado, Delaware, Idaho, Indiana, Minnesota, New Hampshire, New Mexico, Washington, West Virginia, Wyoming) (This listing of states is not confirmed. They were contained in a publication discussing the CVSA announcement.)

ELD System Benefits – ELD vs. Fleet Management Benefits are based on the system provider ELD Technical Specifications did not require the use of Telematics eDVIRs – Electronic Daily Vehicle Inspection Reports Analytic Solutions – Driver performance reports including Hours of Service alerts or reporting Vehicle Fault code alerts or maintenance monitoring systems Navigation Discuss the fact that many system benefits are based on fleet management system providers. Optional systems are offered to manage motor carrier fleets. These additional programs are not required in the rule but are not prohibited as long as no configuration or algorithm interfere with the specific technical specifications in the Appendix A to Subpart B.

Basic System Benefits Compliance Investigation Reduction of Hours of Service Violations. 395.8(f) - Failing to prepare a record of duty status in form and manner prescribed. 395.8(e) - False reports of records of duty status. 395.8(k)(1) – Retention of driver’s records of duty status. Backup of ELD data is required Roadside Inspection Reduction of Hours of Service Violations 395.8 – Log Violation (General form and manner) 395.8(a) – No Driver’s record of duty status. 395.8F01 – Driver’s record of duty status not current. Compliance Investigation Reduction of Hours of Service Violations. 395.8(f) - Failing to prepare a record of duty status in form and manner prescribed. (The number one cited HOS violation) 395.8(e) - False reports of records of duty status. It’s much more difficult to falsify an ELD RODS. Data diagnostics and malfunction indicators are contained within the technical specification to determine manipulation of the ELD. Carrier’s will still need to monitor a drivers RODS for falsification by showing ODND time as OFF. 395.8(k)(1) – Retention of driver’s records of duty status. Backup of ELD data is required Roadside Inspection Reduction of Hours of Service Violations 395.8 – Log Violation (General form and manner) 395.8(a) – No Driver’s record of duty status. 395.8F01 – Driver’s record of duty status not current.

ELD Policies and Procedures Managing ELD Data

Unidentified Driving Process Assign driving time to the appropriate driver Annotate why the driving time is not assigned to a driver Exempt Driver (Assigning exempt driver account will minimize administrative action) Mechanic or Washers/Fuelers moving equipment Outside maintenance facility picking up vehicle for repairs or service Maintain Unidentified driving records for 6 Months Must provide to requesting safety official Other than getting a cup of coffee, this should be your first priority when walking into the office each morning. The ELD is required to record all movement of the CMV in which it is installed. If a driver drives without logging into the system, adding this time back to the drivers RODS may adversely affect his/her available hours. Assign driving time to the appropriate driver Annotate why the driving time is not assigned to a driver Exempt Driver (Assigning exempt driver account will minimize administrative action) Mechanic or Washers moving equipment Outside maintenance facility picking up vehicle for repairs or service Maintain Unidentified driving records for 6 Months Must provide to requesting safety official

Unidentified Driving Policy Company Policy on Unidentified Driving Unidentified driving prevention Ensure drivers know when to log in/ always log out Create appropriate accounts (exempt driver) Procedure for accepting or rejecting unidentified driving Documentation proving ownership of unidentified driving assignment Disciplinary action for rejection of assignment when ownership is documented Later accepted driving/time can contribute to hours of service violations Company Policy on Unidentified Driving Unidentified driving prevention Ensure drivers know when to log in/ always log out Create appropriate accounts (exempt driver) A policy outlining specific procedures for handling unidentified driving is recommended. Knowing how to prevent unidentified driving time by drivers will help minimize these records. Make sure driver’s know when to log in – even for short distances. Also, make sure a driver knows when to log out. SPECIFICALLY if another driver is subject to drive their vehicle. Creating exempt driver accounts for local drivers and mechanics will also reduce administrative time related to assigning/annotating UD. Procedure for accepting or rejecting unidentified driving Documentation proving ownership of unidentified driving assignment It’s a good practice to review documentation supporting “what driver was on what trip” when proposing the assignment of UD. Disciplinary action for rejection of assignment when ownership is documented A driver has the right to decline a proposed edit. Addressing disciplinary procedures for drivers who refuse to accept driving time when documentation clearly provides ownership of the UD should be considered. Later accepted driving/time can contribute to hours of service violations

ELD Malfunction Policy should include specific instructions for reporting malfunctions Address time frame and method for reporting malfunction 24 hour notice required Motor carrier may be more stringent Written notification required Identify who will receive notifications and facilitate the repairs May include an electronic message, such as an email, text and/or a Fleet Management Systems (FMS) message. Procedures for Reconstructing the previous 7 days May email driver .pdf version on personal device (Telematics system) Assist driver with accurate reconstruction Policy should include specific instructions for reporting malfunctions Make sure drivers are aware of your procedures/requirements for reporting a malfunction. Address time frame and method for reporting malfunction 24 hour notice required Motor carrier may be more stringent (A motor carrier may want the driver to report immediately once the driver discovers the malfunction.) Written notification required Identify who will receive notifications and facilitate the repairs (Ensure all drivers know who to report the malfunction to. You may not want drivers calling dispatch to report the malfunction when the shop foreman is responsible for the repair. Dispatch gets busy and the notification may be delayed. That notification is TIME SENSITIVE.) May include an electronic message, such as an email, text and/or a Fleet Management Systems (FMS) message. Procedures for Reconstructing the previous 7 days (Outline expectations to drivers to ensure compliance during periods of malfunctions) May email driver .pdf version on personal device (Telematics system – sends data in real time and may be stored in back office system) Assist driver with accurate reconstruction

ELD Malfunction (Motor Carrier) Retain any paper RODS generated during the malfunction Ensure Policy and Procedures address an action plan to repair or replace malfunctioning device. Driver trouble shoot instructions Maintenance item for quarterly/semi-annual inspection process. Monitor malfunctions for tampering indications Power compliance, Engine Synchronization (Odometer/Hours jumps) Rule requires repair/replacement within 8 days - Can request an extension Retain any paper RODS generated during the malfunction Ensure Policy and Procedures address an action plan to repair or replace malfunctioning device. Driver trouble shoot instructions Maintenance item for quarterly/semi-annual inspection process. Monitor malfunctions for tampering indications (If your driver “trouble shoot” options include directions for a hard reboot (unplugging system, pulling power fuse) you may have just given the driver instructions on how to manipulate the system. Monitor system malfunctions to ensure driver’s do not tamper with the ELD. Address disciplinary policy for such actions. Rule requires repair/replacement within 8 days - Can request an extension The carrier may request an extension to repair, service or replace a malfunction ELD within 5 days of being notified by the driver of the malfunction

ELDs and Hours Of Service

HOS FAQs Off duty is the opposite of “on duty” as defined in 395.2. “On duty” is defined in 49 CFR 395.2. Basic principle of “on duty:” “On-duty time” means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

HOS FAQs “Driving” refers to operating a commercial motor vehicle on a public roadway, or private property open to the public Driving a non-CMV while on duty would be “on duty, not driving.” “Travel Time” typically refers to travel by plane, ferry, train, or other non- commercial motor vehicle (CMV) at the direction of the carrier. “Cushioning” [riding in a passenger seat on passenger-carrying CMV]: Can be Travel Time unless person drives the CMV or performs other on-duty activity at any time during the trip. In that case, the time would be driving or on-duty/ not driving. “Home to School/School to home” driving a school bus

Special Driving Conditions Carrier Policy on when a driver may use the CMV for personal reasons (PC) ELD is required to allow a carrier to configure a driver account for PC Motor carriers are not required to allow drivers to use PC Define when a driver may use Yard Moves (YM) Personal property with no public access Ensure

Annotations Adverse Driving Conditions Operating under Exemptions Provide clear instructions on documenting/annotations Operating under Exemptions HOS exemptions 395.1 Emergency relief (complete exemption from 395) Annotate driving time Logging into ELD is not required Annotate Unidentified Driving accordingly

Intermittent and Drivers with Multiple Employers Providing the Previous 7 Days Records of Duty Status Previous 7 day statement Paper Logs Printout from device installed with logging software Printout from an Automatic On-Board Recording Device (AOBRD) During transition to ELDs December 10-17, 2017 the driver can produce their HOS via the following methods. These options are also available to drivers that work for multiple employers. Driver may insert previous hours into the ELD Not required by rule Motor carrier discretion

Hours of Service Alerts/Violations Dispatch training and disciplinary policy Ensure all operational and sales staff are adequately trained in the HOS rules Designate individual ultimately in charge of receiving and handling HOS alerts Define action plan for prevention and intervention of HOS violations while under dispatch Outline disciplinary Policy Driver training and disciplinary policy Provide clear instructions for prevention of HOS violations Tour itinerary changes, trip delays and breakdowns (COMMUNICATION) Outline disciplinary policy

ELD Webinars Training and Events FMCSA ELD Rule and Implementation Plan Webinars and Events https://www.fmcsa.dot.gov/hours-service/elds/training-and-events ELD Phase I: Awareness and Transition ELD Phase II: Phased In Compliance Phase Electronic Logging Device Technical Specification Public Meeting

Questions? Danielle.smith@dot.gov