1. Jeff James - Division Administrator FMCSA Washington State Division

2. Final Rule 12/15/2015 compliance date is 12/18/2017 What the rule does and doesn’t do:  ELD  HOS Why?  Safety (accurate recording & violation rates)  Uniformity (AOBRD variety & training) Three Key elements 1)Mandatory use of devices 2)Minimum requirements 3)Measures to address driver harassment 2 Electronic Logging Devices

3. 1)Mandatory Use of ELDs (begins 12/18/17)  Required for Drivers that must prepare RODS  Non-CDL applicability  Exceptions  Not required for qualifying 100 air mile / 150 air mile short haul drivers  8 times a month non-qualifying days cutoff  Drive-away / tow-away operations {rented / leased CMVs}  CMVs manufactured before model year 2000  Grandfathered  AOBRD users installed & compliant before 12/16/2017  ELD conversion required by 12/16/2019 3 Electronic Logging Devices

4. 2)Minimum Requirements  New Appendix A to subpart B of 395 (standards based vs technical specs)  2/16/16 – Vendors may begin registering with FMCSA  FMCSA will have website (list) of self-approved ELDs  3 on the list as of 3/30/16  Integrally synchronized with CMV engine  Power status  Vehicle motion status  Miles driven  Data Transfer to Law Enforcement (1 & 2) 1)Valid graph/grid screen display (out of cab) or Hardcopy Paper Printout 2)Telematics (wireless web service / email) or Local (USB & Bluetooth) 4 Electronic Logging Devices  Engine hours  1 mile radius location at 60 minute intervals  Date & Time  Vehicle VIN

5. 3)Driver Harassment Measures  Volume control & mute option  10 mile radius accuracy if driver is on personal conveyance  Driver access to own RODS for 6 months  Original ROD generated by the device is preserved & cannot be changed {Transparency}  All edits must be annotated with reason for change  Unavailability/refusal of driver – mgmt. notes; but ROD record holds 5 Electronic Logging Devices

6.  ELD Malfunctions  Reconstruct RODS immediately  Repair ELD within 8 days ( or be granted an extension from FMCSA )  Yard moves : status must be set to on-duty/not driving before CMV is moved  Vehicle Motion: 5 mph is max before status goes to driving  Speeding: 49 U.S.C. 31137(e)  Lots of devices & cost structures – do research now  Change for enforcement too 6 Electronic Logging Devices Other Aspects

7. Falsification Opportunities  Extra Driver Log-in IDs  Edits – who/when are they made  Begin and end an off-duty period in a different location  Off-duty driving at end of 11/14 hour  Unassigned miles  Other??? 7 Electronic Logging Devices Other Aspects

8. Final Rule 11/30/2015 Effective 01/29/2016 Coercion Definition Coercion Definition  Threat of adverse actions to induce a violation of FMCSRs  Rule establishes penalties to entities/individuals who threaten business opportunities to a driver 8 Coercion Rule

9. Harassment Harassment (part of ELD rule – 390.36)  when a driver has violated a rule (395/392) at direction of mgmt. Coercion Coercion (stand alone rule – 390.6)  when a driver has refused to violate a rule with consequences Coercion Elements Coercion Elements 1)Request for action that would result in violation of FMCSR 2)Protest / informs that the action would result in violation 3)Threat or action that would or did result in negative consequence 4)Complaint within 90 days 9 Harassment & Coercion

10. 10 Coercion Rule

11. Questions / Comments?

12. Jeff James FMCSA Division Administrator Olympia, WA 360-753-9875 END