FMCSA Florida Division SI Brian J. Costello November 16, 2017

What is an Electronic Logging Device (ELD)? An ELD synchronizes with a vehicle engine to automatically record driving time, for easier, more accurate hours of service (HOS) recording. Why has FMCSA implemented a new rule about ELDs? The rule is intended to help create a safer work environment for drivers, and make it easier and faster to accurately track, manage, and share records of duty status (RODS) data. As part of the MAP-21 Act, Congress required the adoption of the ELD rule.

The ELD Rule… About the ELD Rule Specifies who is covered by the rule and the rule’s exceptions; Provides for ELDS to be self-certified, registered, and listed on an FMCSA website; Includes technical specifications to ensure ELDs are standardized and compliant; Has a phased implementation timeline to give carriers and drivers time to comply; Includes provisions to help prevent data tampering and harassment of drivers; and Requires standard data displays and data transfer processes, making it easier to demonstrate compliance and faster to share RODS with safety officials.

Who is Impacted by the ELD Rule? Carriers and Drivers who are subject to the rule must install and use ELDs by the appropriate deadline. ELD Manufacturers must conform to ELD technical specifications, certify their ELDs, and register them with FMCSA.

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle— (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

Interstate commerce means trade, traffic, or transportation in the United States— (1) Between a place in a State and a place outside of such State (including a place outside of the United States); (2) Between two places in a State through another State or a place outside of the United States; or (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term “interstate commerce.”

Who is Exempt from the ELD Rule? The ELD Rule applies to most motor carriers and drivers who are currently required to maintain RODS. The rule applies to commercial buses as well as trucks. The following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required): 100 air mile radius drivers 150 air mile non-CDL radius drivers Drivers who use paper logs no more than 8 days during any 30-day period Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered or transporting a recreational vehicle or trailer Drivers of vehicles manufactured before model year 2000

What is a driveaway-towaway operation? Driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported: (1) Between vehicle manufacturer's facilities; (2) Between a vehicle manufacturer and a dealership or purchaser; (3) Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee; (4) To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in this section) following a crash; or (5) To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or (6) By means of a saddle-mount or tow-bar.

What are the Benefits of ELDs? ELDs make keeping driver logs easier and quicker ELDs limit mistakes and reduce form and manner errors ELDs provide information to drivers and motor carriers so drivers can better manage fatigue and schedule issues ELDs correctly record location and accurate information to easily track duty status ELDs are a good management tool to improve hours of service compliance With ELDs, there is less paperwork and driver logs are orderly, clear, and accurate

ELD Rule Implementation Timeline The rule is being implemented in three phases over a four-year period:

ELD Rule Implementation Phase 1 “Awareness and Transition” February 16, 2016 to December 18, 2017… Carriers and drivers subject to the rule should prepare to comply, and may voluntarily use ELDs. Carriers and drivers subject to the rule can use any of the following for RODS status: Paper logs; Devices with installed logging software and applications; AOBRDs (Automatic On Board Recording Devices); or ELDs that are registered and listed on the FMCSA website.

ELD Rule Implementation Phase 2 “Phased-In Compliance” December 18, 2017 to December 16, 2019… Carriers and drivers subject to the rule can use: AOBRDS that were installed prior to December 18, 2017 or Self-certified and registered ELDs.

ELD Rule Implementation Phase 3 “Full Compliance” After December 16, 2019… All drivers and carriers subject to the rule must use self-certified, registered ELDs that comply with requirements of the ELD regulations.

What do I Need to Know as a Carrier? Carriers must… Evaluate and select ELDs that are self-certified and registered with the FMCSA; and Ensure ELDs are installed and drivers and administrative staff are trained to use them by the deadline that applies. For more information, see the “Compliance Checklist for Carriers” on the website www.fmcsa.dot.gov/elds.

What do I Need to Know as a Carrier? Carriers must… (per subpart B part 395 395.20-395.38) Use only ELDs listed on FMCSA’s registered ELD list at www.fmcsa.dog.gov/devices. Properly establish and manage ELD accounts, and calibrate and maintain ELDs. Maintain 6 months back-up copies of ELD records (stored in a separate location), in a manner that protects driver privacy. Ensure that drivers have required documentation onboard, including ELD operations user’s manual, instruction sheet for data transfer options, and 8 day supply of blank grid graphs. Ensure that drivers are able to access their own ELD records.

What do I Need to Know as a Driver? Drivers must… Understand and be able to use ELDs; Know how to annotate, edit, and certify RODS; Be prepared to collect required supporting documents; and Know how to display and transfer data to safety officials when requested. For more information, see the “Compliance Checklist for Drivers” on the website www.fmcsa.dot.gov/elds.

What do I Need to Know as a Driver? Drivers must… (per subpart B part 395 395.20-395.38) With carrier, ensure records are accurate by reviewing, editing (and annotating edits) to make corrections, and certifying the accuracy of all ELD records – including confirming any carrier edits and recertifying carrier-edited records. Submit ELD records to the motor carrier. Properly address ELD malfunctions and data diagnostic events.

Logging In / Accessing an ELD A driver must have only one driver account with a carrier, with a unique identification number and password. An owner/operator must have a single account as a driver, and a separate account for administrative functions (setting up user accounts, etc.). If a driver forgets to log onto the ELD: A warning will be issued from the device to remind the driver to stop and log in; and The device will also record accumulated driving time in accordance with the ELD defaults, under the unidentified driver profile. ELD events logged under the “Unidentified Driver” profile should be added to the driver’s record – or the driver should add a note (annotation) explaining that the unassigned hours are not his/hers.

How an ELD Records Drivers’ Hours of Service An ELD records actual time for each duty status entered or automatically started. ELDs cannot be set to record minimum duty status durations, such as 15-minute intervals. ELDs record data every hour when a vehicle is moving, and there has not been a duty status change or interim recording in the previous hour.

ELD Duty Status Categories “Driving” An ELD automatically switches to driving status once the vehicle is moving at a speed of no more than five miles per hour. “On-Duty Not Driving” When the ELD is set to driving and the vehicle has not been in motion for five consecutive minutes, the ELD will prompt the driver to confirm driving status or enter the proper status. If the driver doesn’t respond within one minute, the ELD will automatically switch to on-duty not driving status. “Off-Duty” The driver should indicate off-duty status or must edit and annotate the record later. Periods of authorized personal use (see Special Driving Categories, below) may also be considered off-duty time. “Sleeper Berth” The driver should indicate sleeper berth status for sleeper berth periods or must edit and annotate the RODS later.

Special Driving Categories to Note “Authorized Personal Use” A driver can record periods when using a vehicle for authorized personal use. “Yard Moves” A driver can record periods of yard moves.

Supporting Document Types Bills of lading, itineraries, schedules, or equivalent documents that show the starting and ending location for each trip; Dispatch records, trip records, or equivalent documents; Expense receipts (e.g., meals, lodging, fuel, etc.); Fleet management system communication records; and Payroll records, settlement sheets, or equivalent documents showing payment to a driver.

Requirements for Supporting Documents? Driver name …Or a carrier-assigned identification number, on the document or on another document that allows the carrier to link the first document to the driver. The vehicle unit number can be used, if that number can be linked to the driver. Date Location Including the name of the nearest city, town, or village. Time If 8 supporting documents that include the time are not available, documents lacking the time count toward the 8 document maximum. If more than 8 supporting documents are available, the documents reflecting the earliest and latest times must be maintained.

ELDs Working to Prevent Driver Harassment The ELD Rule provides several provisions to help prevent harassment: It prohibits carriers from harassing drivers. It provides a process for drivers to file written complaints. It mandates an ELD mute function to ensure a driver is not interrupted in the sleeper berth. It includes anti-tampering provisions: Limited editing ability for ELD records by either a driver or motor carrier; Required driver certification when a carrier edits an ELD record; and Preservation of original ELD records, even when edited.

What is a “grandfathered” automatic onboard recording device (AOBRD)? A “grandfathered” AOBRD is a device that a motor carrier installed and required its drivers to use before the electronic logging device (ELD) rule compliance date of December 18, 2017. The device must meet the requirements of 49 CFR 395.15. A motor carrier may continue to use grandfathered AOBRDs no later than December 16, 2019. After that, the motor carrier and its drivers must use ELDs. See Section 395.15 (a) of the ELD final rule.

Where can you get more Information? Visit the website www.fmcsa.dot.gov/elds: Sign up for the ELD newsletter to receive email updates; Visit the Training and Events section for upcoming opportunities hosted by FMCSA; Learn more about using ELDs in the Drivers and Carriers section; and Read the FAQs for an in-depth understanding of the rule. Refer to the handout provided with this presentation. Email FMCSA directly if you need to contact someone in the ELD program office: ELD@dot.gov.

Thank you!