1. Federal Motor Carrier Safety Administration
USDOT’s Electronic Logging Device (ELD) Rule and the Implementation Plan
April 2017
Timothy Grimley
The purpose of this presentation is to provide information about the plan for implementing the final rule titled, “Electronic Logging Devices (ELDs) and Hours-of-Service (HOS) Supporting Documents” (ELD rule).
Federal Motor Carrier Safety Administration

2. Purpose
Provide an overview of the Electronic Logging Device (ELD) Rule and FMCSA’s plan for its phased implementation
Major components of the ELD Rule
ELD Implementation Phases
ELD Specifications
Myths and Industry Concerns
The purpose of this presentation is to provide information about the plan for implementing the final rule titled, “Electronic Logging Devices (ELDs) and Hours-of-Service (HOS) Supporting Documents” (ELD rule).
Federal Motor Carrier Safety Administration

3. Major Components of ELD Rule
Requirements for the mandatory use of ELDs by most drivers currently required to prepare Record of Duty Status (RODS)
Minimum performance and design standards (Technical Specifications) for ELDs
The ELD rule has four main components:
Requirements for the mandatory use of ELDs by most drivers currently required to prepare RODS
Minimum performance and design standards for ELDs
Requirements for HOS supporting documents
Measures to prevent harassment resulting from the mandatory use of ELDs
Federal Motor Carrier Safety Administration

4. Who is required to use an ELD?
Interstate CMV drivers currently required to keep RODS
Subject to requirements in 49 CFR 395
CMVs defined in 49 CFR 390.5
≥ 10,001 pounds
Placarded hazmat
More than 8 or 15 passengers
Who is required to use an ELD?
Interstate CMV drivers currently required to keep RODS
≥10,001 pounds
Placarded hazmat
More than 8 or 15 passengers
100 and 150 air-mile radius drivers who use paper RODS more than 8 days in any 30-day period
Federal Motor Carrier Safety Administration

5. Federal Motor Carrier Safety Administration
Exemptions
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)
Using paper RODS for not more than 8 days during any 30-day period
Conducting “drive away-tow away” operations
Driving vehicles manufactured before model year 2000
What operations are exempt from the ELD rule?
100 air-mile radius drivers may continue to use timecards (395.1(e)(1)
150 air-mile radius non-CDL freight drivers may continue to use timecards (395.1(e)(2)
Using paper RODS for not more than 8 days during any 30-day period
Driveaway-towaway operations where the vehicle being driven is part of the shipment delivered
Vehicles manufactured before model year 2000
Federal Motor Carrier Safety Administration

6. ELD Implementation Phase 1
Awareness and Transition Phase
February 16, 2016–December 18, 2017
Federal Motor Carrier Safety Administration

7. Federal Motor Carrier Safety Administration
Important Dates
Registration and voluntary use of ELDs has begun (Started February 16, 2016)
Compliance date is 2 years after ELD Rule is published (December 18, 2017)
AOBRDs must be upgraded or replaced with ELDs within 4 years of the publication of the Final Rule (December 16, 2019)
I.e., AOBRDs compliant with § that were installed before the compliance date could be used (grandfathered) for 2 years after the compliance date
The Awareness and Transition phase will begin February 16, 2016 and end December 18, During this phase ELDs may be registered and used voluntary. Motor carriers may continue to use paper RODS, AOBRDs, and devices installed with logging software.
The Phased-in compliance will begin December 19, 2017 and end December 16, During the phased-in compliance phase the use of AOBRDs purchased prior to the compliant date and ELDs are the only devices permitted. Devices installed with logging software and applications cannot be used during this phase.
The Full compliance phase starts on December 17, During this phase only ELDs are permitted.
4.) Does this ELD rule apply to AOBRDs or devices installed with logging software and applications?
No. The compliance date for the ELD rule is December 18, 2017.
AOBRDs compliant with that were installed before the compliance date (12/16/17) may continue to be used for 2 years after the compliance date (until 12/16/19); at that time, they must be upgraded/replaced with an ELD
Devices with logging software and applications that are not integrally synchronized with the engine must be replaced by an ELD or AOBRD by the compliance date
Federal Motor Carrier Safety Administration

8. Federal Motor Carrier Safety Administration
Automatic On-Board Recording Device (AOBRD) and Device with Logging Software and Applications
AOBRD (49 CFR § 395.2)
Integrally Synchronized (Connects to Truck)
Automatically records drivers driving status
Acceptable until December 16, 2019
Device with Logging Software and Application
Not Integrally Synchronized (No Connection to Truck)
Manually input driving duty status or use GPS/Cell location only
Not Acceptable after December 18, 2017
AOBRD
As defined in 49 CFR 395.2, an AOBRD is an electric, electronic, electromechanical, or mechanical device capable of recording a driver’s duty status information accurately and automatically as required by 49 CFR § The device must be integrally synchronized with specific operations of the CMV in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day.
Logging Software Programs and Applications
As described in the federal register notice titled, “Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Records of Duty Status Generated by Logging Software Programs” (79 FR 39342) issued on July 10, 2014, logging software programs and applications are not AOBRDs. However, they may be used as an alternative to handwritten RODS. Drivers can manually enter their HOS information using the application or software program on the device, and then, manually or electronically sign the RODS at the end of each 24-hour period to certify that all required entries are true and correct. The display and output from these devices must meet the requirements in 49 CFR §
Federal Motor Carrier Safety Administration

9. Phase 1: Awareness and Transition
System providers register and certify their ELDs – the process is outlined on FMCSA’s website
Motor Carriers can choose to voluntarily use ELDs, AOBRDs, Devices with Logging Software Programs, or paper logs to record duty status
Authorized safety officials need to distinguish the different types of devices and cite the appropriate regulation or guidance for enforcement purposes
Harassment Legal Procedures
During the Awareness and Transition phase motor carriers can voluntarily use ELDs. If a motor carrier chooses to operate with an ELD the device must be registered with FMCSA. If the device is not registered with FMCSA the device must meet the definition of an AOBRD or meet the requirements of The harassment provisions in the ELD Rule will be implemented to all ELDs registered during the awareness and transition phase.
Federal Motor Carrier Safety Administration

10. Electronic Logging Devices (ELD)
Definition and Specifications
Federal Motor Carrier Safety Administration

11. Federal Motor Carrier Safety Administration
What is an ELD?
A device that:
Automatically records a driver’s driving time
Facilitates the accurate recording of the driver’s HOS
Meets the technical specifications of the ELD rule
Is integrally synchronized with the engine of the commercial motor vehicle (CMV)
An ELD is a device or technology that automatically records a driver’s driving time and facilitates the accurate recording of the driver’s HOS, and meets the technical specifications of the ELD rule. An ELD must be integrally synchronized with the engine of the commercial motor vehicle (CMV).
Federal Motor Carrier Safety Administration

12. ELD Minimum Technical Standards
Generally based on performance – maximize flexibility, minimize cost
Standard outputs for a consistent enforcement
Include minimum output requirements for electronically transferred, displayed, and printed ELD information and output
Appendix A to Subpart B of Part 395
Appendix A to Subpart B of Part 395 provides the functional specifications for all ELDs
An ELD is integrally synchronized with the engine of the CMV such that driving time can be automatically recorded
An ELD generates a standard file output and transfers it to an authorized safety official upon request
Federal Motor Carrier Safety Administration

13. Engine Synchronization
Integral synchronization to the engine control module (ECM)
Monitoring of the vehicle’s engine operation to automatically capture:
Engine’s power status
Vehicle’s motion status
Miles driven
Engine hours
Engine synchronization for purposes of ELD compliance means the monitoring of the vehicle’s engine operation when the CMV’s engine is powered to automatically capture the:
Engine’s power status
Vehicle’s motion status
Miles driven value
Engine hours value
Federal Motor Carrier Safety Administration

14. Automatically Recorded Data
Date
Time
CMV Geographic Location Information
Engine Hours
Vehicle Miles
Driver or Authenticated User Identification
Vehicle Identification
Motor Carrier Identification
What data is automatically recorded by an ELD?
Date
Time
CMV geographic Location information
Engine hours
Vehicle miles
Driver or authenticated user identification data
Vehicle identification data
Motor carrier identification data
Federal Motor Carrier Safety Administration

15. ELD Event Data Recordings
Engine power up and shut down
Driver login/logout
Duty status changes
Personal use or yard moves
Certification of driver’s daily record
60-minute intervals when the vehicle is in motion
Malfunction of diagnostic events
Can you please explain the ELD location recordings and the geolocations?
CMV location is recorded at:
Engine power up and shut down
Duty status changes
60-minute intervals when the vehicle is in motion
Personal use or yard moves
Location is recorded in standard latitude/longitude coordinates within ±0.5 mile
Vehicle position is automatically converted into geo-location information, indicating approximate distance and direction to an identifiable location corresponding to the name of a nearby city, town, or village with a population of 5,000 or greater with a State abbreviation
When a CMV is used for personal use, the position reporting accuracy is reduced to a 10-mile radius
Federal Motor Carrier Safety Administration

16. Federal Motor Carrier Safety Administration
Geolocations
CMV Geographic Location Information
Show a nearby city, town, or village, or the compass direction and distance from the nearest city, town, or village
Geolocation provides real-world geographic location of an object. Geolocation may refer to the practice of assessing the location, related to the use of positioning systems but may be distinguished from it by a greater emphasis on determining a meaningful location (e.g. a street address) rather than just a set of geographic coordinates.
Reg text Geo-location is the conversion of a position measurement in latitude/longitude coordinates into a description of the distance and direction to a recognizable nearby location name. Geo-location information is used on an ELD’s display or printout.
Federal Motor Carrier Safety Administration

17. Federal Motor Carrier Safety Administration
Manual Inputs
Motor carriers – User account setup
Drivers
Support personnel (mechanics, dispatch, etc.)
Annotations, when applicable
Location description, when prompted by the ELD
CMV power unit number
Trailer number(s), if applicable
Shipping document number, if applicable
Is there information that the driver must enter into the device themselves?
A driver must manually input the following information in the ELD:
Annotations, when applicable
Driver’s location description, when prompted by the ELD
Output file comment, when directed by an authorized safety officer
A driver must manually input or verify the following information on the ELD:
CMV power unit number
Trailer number(s), if applicable
Shipping document number, if applicable
Federal Motor Carrier Safety Administration

18. Data Diagnostics and Malfunctions
ELD identifies data diagnostics and malfunctions with status as either “detected” or “cleared” for:
Power
Engine Synchronization
Timing
Positioning
Data Recording
Data Transfer
Unidentified Driver Records
The ELD will detect and record malfunctions and data diagnostic for the listed events. The ELD will associate the event with the driver’s login information (the driver, the vehicle, the motor carrier, and the shipping document number.) See table 4 of section 4.6 in the ELD rule for Standard Coding for Required Compliance Malfunction and Data Diagnostic Event Detection
Federal Motor Carrier Safety Administration

19. Federal Motor Carrier Safety Administration
ELD Myth’s and FAQs
Myth – “ELDs will give the government 24-7 instant access to all our equipment and will instantly notify the government where our drivers are at all times and tell them about all violations in real time”
Fact – ELD data is not sent to DOT in real time. It is only requested during a roadside inspection (in that case, only for the specific driver and prior 7 days) or during an FMCSA compliance investigation.
Federal Motor Carrier Safety Administration

20. Air Versus Bus/Trucking Oversight
ANNUAL TRIPS
650 million
750 million
COMPANIES
6,900
525,000 total (truck and bus)
PILOTS/DRIVERS
618,000
3.5 million (total)
STAFF
4,000 Inspectors
321 Investigators
131 Inspectors
43 Auditors
Total = 495
One Level of Safety
Our goal is to create one level of safety for all passengers.
This table contrasts some basic statistics for two of the most popular modes of transportation: air travel and bus travel.
As you can see, we face a significant challenge at FMCSA.
The size of our enforcement staff relative to the size of the bus industry when compared to that for the air industry is significantly smaller.
This means we must use innovative approaches that fully leverage every resource to ensure safety.

21. Federal Motor Carrier Safety Administration
ELD Myth’s and FAQs
Myth – “FMCSA is not certifying vendors. There’s no way I will be able to buy a device in time to comply.”
Fact – FMCSA currently has 34 certified ELD devices on our website. Many legacy AOBRD providers are awaiting FMCSA to release EROD software before certifying their devices. Many AOBRD providers are advising their devices can be turned into ELD’s with a simple over the air update. Regardless of an update, AOBRD’s installed now will be grandfathered in as compliant until 12/16/2019.
Federal Motor Carrier Safety Administration

22. Federal Motor Carrier Safety Administration
ELD Myth’s and FAQs
Myth – “ELD’s are way too expensive. The cost of implementing them will drive me out of business”
Fact –FMCSA did a cost benefit analysis and found that “For carriers that already comply with existing hours of service limits”, the cost of installation of ELD’s will be offset by money saved through productivity gains from drivers having to fill out less paperwork, and less time spent by the carrier’s office staff collecting, verifying, and storing paper logs. Many new devices can be installed in minutes versus older electronic log technology and work with existing tablets and smartphones. ELD’s offer other “telematics”, like intelligent dispatch, that can save even more money.
Federal Motor Carrier Safety Administration

23. How Mobile ELD’s Work Cellular
Content:
In this example, we use a handheld system to show how the three major inputs communicate with each other in an eHOS system. The computer of the system (the black box, center of the screen) is the brains/data collector. It obtains ECM information from the vehicle via wireless or hardwire connection. It will also obtain driver information wirelessly (Bluetooth) from the cellphone where the driver will log in to the system. Once the data is compiled by the computer, the computer will transmit the package via cellular communication resulting in the reports displayed to the right.

24. Federal Motor Carrier Safety Administration
ELD Myth’s and FAQs
Myth – The ELD rule will never actually go into effect. FMCSA has tried this before and it’s always overturned. All I have to do is wait this out.
Fact –While there is always a chance a new rule can be delayed for various reasons, the ELD rule was mandated by congress and was not an internal rulemaking the agency just decided to implement on its own. Previous attempts at ELOG regulations had been overturned by court rulings, but all court rulings to date have upheld the new ELD rule. At this point, it would take an act of congress or a ruling by the supreme court to overturn the ELD rule. Industry needs to prepare now and should not hold out on hopes ELD’s will not be required.
Federal Motor Carrier Safety Administration

25. Federal Motor Carrier Safety Administration
ELD Myth’s and FAQs
What do I do about shippers that take forever and then kick my driver out when they are out of hours?
The harassment rules prevent anyone, including shippers, from forcing drivers to violate hours of service rules. For many years, the trucking industry has absorbed the costs of shipping inefficiencies by concealing this time as “off duty” on paper logs. ELD’s will level the playing field and make it difficult for all trucking companies across the board to absorb these lost hours, which will put pressure on shippers to become more efficient or pay higher costs associated with delays and detention time.
Federal Motor Carrier Safety Administration

26. Federal Motor Carrier Safety Administration
Summary
ELD Rule and FMCSA’s plan for phased implementation
Major components of the ELD Rule
ELD Implementation Phases
ELDs versus other technology
Addressed most frequent concerns about ELDs heard from industry
Federal Motor Carrier Safety Administration

27. Federal Motor Carrier Safety Administration
Resources
Website: Public address:
Stakeholders and the public can expect to have the following resources updated for each phase:
FMCSA website
Outreach material
Social media
Articles
Webinar Videos
Additional information on ELDs to include the ELD rule and FAQs is located at the provided link.
Federal Motor Carrier Safety Administration

28. Federal Motor Carrier Safety Administration
Contact Information
Phone:
Additional information on the coercion rule is available at the provided link or you may contact
Federal Motor Carrier Safety Administration