1. FMCSA Update TTA Middle Tennessee ELD and SFD Update
January 2016
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. Federal Motor Carrier Safety Administration
Agenda
Timeframe of Phase I
What Options do Motor Carriers have for Recording Hours of Service?
Definition of devices
What will be required of Motor Carriers during Roadside Inspections
What cites are applicable
What will be required of Motor Carriers during Investigations
The Harassment Provision
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3. Federal Motor Carrier Safety Administration
Agenda Cont:
Safety Fitness Determination Proposed Rule
Basic Provisions
Differences from current Safety Rating system
Using the SFD Calculator
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4. ELD Phase 1: Awareness and Transition
Four Year implementation/transition period
What is FMCSA’s plan for implementing the ELD rule?
The ELD implementation plan will consists of 3 phases:
Awareness and Transition phase
Phased-in compliance phase
Full compliance phase
- Paper logs and logging software- must transition to ELDs no later
than Dec 18, 2017
- ABORDs- must transition to ELDs no later than Dec 16, 2019
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5. Phase 1: Awareness and Transition
System providers register and certify their ELDs – a Compliance Test Procedure is on FMCSA’s website:
service/elds/equipment-registration
Motor Carriers can use :
ELDs;
Automatic On-board Recording Device (AOBRD);
Devices with Logging Software Programs
Paper logs for records of duty status
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. The provided link will have a list of certified and registered ELDS.
During this phase drivers/carriers can use: ELDs, AOBRDs, Devices Installed with logging software and applications, and paper logs
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6. Phase 1: Awareness and Transition continued…
Authorized safety officials need to distinguish the different types of devices and cite the appropriate regulation or guidance for enforcement purposes
Harassment Legal Procedures
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.
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7. Federal Motor Carrier Safety Administration
Automatic On-Board Recording Device (AOBRD) and Device with Logging Software and Applications
AOBRD
Integrally Synchronized
Automatically records drivers driving status
Device with Logging Software and Application
Not Integrally Synchronized
Manually input driving duty status
The term ELD was often used to descript a device that electronically logged a driver’s HOS. This has caused some confusion. There are 3 different devices that FMSCA has allowed the motor carrier industry to use to record driver’s HOS. That is an:
AOBRD
Which is defined in 49 CFR 395.2, as 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 §
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8. Federal Motor Carrier Safety Administration
What is an ELD?
A device that:
Is integrally synchronized with the engine of the commercial motor vehicle (CMV)
Automatically records a driver’s driving time
Facilitates the accurate recording of the driver’s HOS
Meets the technical specifications of the ELD rule
Listed on FMCSA’s ELD registration list: service/elds/equipment-registration
(registration list to be available Feb 16, 2016)
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). An ELD must be certified and registered with FMCSA. Said ELDs will be listed at
Federal Motor Carrier Safety Administration

9. In What Form can an ELD be in?
Smart Phones
Laptops
Tablets
Like an AOBRD an ELD can come in the form of a smart phone, laptop, tablet, etc.
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10. Printing Requirements have not Changed
Device Type
Required to have printout during roadside inspection:
Guidance found in:
Automatic On-Board Recording Device
No.
Notice of Regulatory Guidance: Automatic On-Board Recording Devices (FR )
Logging software and application device with electronic signature capabilities
Yes, at the request of an enforcement official. If the driver is unable or refuses to provide the requested printout, the driver should be cited 395.8(a) or 395.8(k)(2). Driver must be given the opportunity to print current and prior seven days RODs at roadside.
Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Records of Duty Status Generated by Logging Software Programs (79 FR 39342)
Logging software and application device without electronic signature capabilities
Yes.
Driver must be given the opportunity to print current day RODS at roadside.
Here is an overview of the printing requirements. These printing requirements have not changed. In regards to the device installed with logging software and application with electronic signature the inspector may use the devices display screen or request the driver to print his or hers RODS to verify a driver’s HOS. There are some states that will not allow inspectors to review drivers’ HOS on a device other than an AOBRD, those inspectors can request a print out and the driver is required to adhere to the inspector’s request.
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11. ELD Printing Requirement
Motor carriers/ Drivers Choice
Printout
Display- must be visible to roadside officers without requiring entry of vehicle
(ELD must have either a display or printout capability, printing is not required)
During the Transition and Awareness phase, the driver must provide their records of duty status by the way of a printout or the display screen. Not all ELDs will have a print option but if it does, the display requirements do not apply. The screen display is required to be visible to enforcement officials without entering the commercial motor vehicle. For example, the display may be untethered or connected in a way it may be passed outside the vehicle at a reasonable distance.
If the inspector has a means by which to do so, RODS may be accepted by way of fax, or other method of transmission.
Whether the device offers printing capabilities or a display, the information provided must include a daily header, graph grid and detail log data.
Federal Motor Carrier Safety Administration

12. Vehicle Equipped with a Electronic Device and Driver has Paper RDS
Motor Carrier/ Driver declares official method
Inspector can use electronic device as a supporting document
If a vehicle is equipped with a electronic device and the driver opts to use paper RODS, the driver must declare the official method of how he/she is recording their HOS to the inspector.
The inspector can contact the driver’s employer to confirm the method, but the inspector must proceed with the inspection if the inspector cannot get ahold of the employer.
The inspector may check the paper RODS against the electronic device and cite any discovered violations.
Federal Motor Carrier Safety Administration

13. ELD Information included in Daily Header
Exempt Driver Status
File Comment
Miles Today
Print/Display Date
Record Date
Shipping ID
Start/End Engine Hours
Start/End Odometer
Time Zone
Trailer ID
Truck Tractor VIN
USDOT #
24-Hour Period Starting Time
Carrier Name
Co-Driver Name
Co-Driver ID
Current Location
Data Diagnostic Indicators
Driver Name
Driver ID
Driver’s License #
Driver’s License State
ELD Malfunction Indicators
ELD Manufacturer Name
ELD Registration ID
Truck Tractor ID
Unidentified Driver Records
Red are new elements.
Looking at this slide, you will see a complete listing of all required daily header information. The information listed in red is in addition to what we are used to seeing on a paper log.
24-Hour Period Starting Time
Carrier Name/USDOT #
Driver Name and ID – (the driver ID would be their Username)
Driver’s License #
And issuing State
Co-Driver Name and ID – once again that would be the co-driver ID
Current Location
Data Diagnostic Indicators
ELD Malfunction Indicators
ELD Manufacturer Name
ELD Registration ID
Unidentified Driver Records
Exempt Driver Status
Miles Today
Print/Display Date
Record Date – the date of the RODS
Shipping ID
Current Engine Hours
Current Odometer
Time Zone
Truck Tractor ID and VIN
Trailer ID
……As you can see, there is a lot more information required for an ELD.
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14. ELD Information – Daily Header
Screenshot of a daily header showing all data elements, including new items (not found on a paper ROD):
Driver License Number
Driver License State
ELD ID
Time zone
ELD Manufacturer
Data diagnostic indicator
Driver ID
Unidentified Driver Records
ELD Malfunction indicators
Exempt Driver status
Start and Engine Hours
Print/Display Date
Federal Motor Carrier Safety Administration

15. Federal Motor Carrier Safety Administration
24-hour Duty Status Grid
For the printout, the size of the graph-grid for each day’s RODS must be at least 6 inches by 1-1/2 inches. It must also overlay periods of the driver’s indications of authorized personal use of the CMV and yard moves using a different style line (It could be a dashed or dotted line) or shading. The appropriate abbreviation must also be indicated on the graph grid.
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16. Federal Motor Carrier Safety Administration
ELD Detail Log Data
The detail log data reflects information on the graph grid as well as other events such as, login, power up.
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17. What is to be Expected during Investigations
6 months worth of Records of duty status
All supporting documents
Review of system management controls:
“Unassigned miles”
Log Edit audit trails
Tampering/disconnects/odometer jumps
On-duty time falsification
Federal Motor Carrier Safety Administration

18. Citing During Phase I Roadside and Investigations
§ AOBRD
All of Part 395 except for Devices installed with logging software applications
All of Part 395 except and §395.8(d)(7)
The CVSA Out of Service Criteria is applicable to all devices
If it is determined that the driver is using an AOBRD then any violations discovered related to the AOBRD should be cited under all other HOS violations discovered on the AOBRD may be cited under Part 395.
Devices installed with logging software and applications are subject to part 395 except
During the transition and awareness phase ELDs are subject to all of part 395 except and (d)(7) no main office address
Federal Motor Carrier Safety Administration

19. Federal Motor Carrier Safety Administration
8 Days in 30 Threshold
Drivers required to use Records of Duty Status infrequently or intermittently may continue to use paper RODS provided they are not required to use RODS more than 8 days in any 30 day period.
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20. Harassment Legal Procedures
Rule requirements to file a complaint about harassment—a driver should file a written complaint:
Within 90 days of the event
Using the National Consumer Complaint Database ( or
With the FMCSA Division Administrator for the State ( where the driver is employed
Specifically with respect to harassment, complaints alleging harassment can be filed by a driver (1) through the National Consumer Complaint Database, or (2) with the FMCSA Division Administrator for the State where the driver is employed. The Agency may then refer the complaint to the Division Administrator it believes is best able to handle the complaint.
Information on filing a written complaint may be obtained by calling DOT-SAFT ( ).
FMCSA believes the effective enforcement of the harassment prohibition requires that harassment be defined by objective criteria. Because harassment will be considered in cases of alleged hours-of-service violations, the penalty for harassment is in addition to the underlying violation under 49 CFR or part 395. As noted earlier, an underlying violation must be found in order for a harassment penalty to be assessed
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21. Federal Motor Carrier Safety Administration
Harassment Complaint
Driver’s name, address, and telephone number
Name and address of the motor carrier allegedly harassing the driver
Statement of the facts to prove each allegation of harassment
How the ELD or other technology used with the ELD added to harassment
Date of the alleged action
How the motor carrier’s action violated either 49 CFR or 49 CFR 395
Driver’s signature
Supporting evidence
Each complaint must be signed by the driver and must contain:
i) The driver’s name, address, and telephone number;
(ii) The name and address of the motor carrier allegedly harassing the driver; and
(iii) A concise but complete statement of the facts relied upon to substantiate each allegation of harassment, including:
A) How the ELD or other technology used in combination with and not separable from the ELD was used to contribute to harassment;
(B) The date of the alleged action; and
(C) How the motor carrier’s action violated either § or part 395.
Additionally, each complaint may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.
Federal Motor Carrier Safety Administration

22. Federal Motor Carrier Safety Administration
Summary
Awareness Transition Phase February 16, 2016 through December 18, 2017
Voluntary use of ELDs
ELDs must be certified and registered with FMCSA
Drivers can choose to present their HOS at roadside by the ELD display screen or printout
Supporting documents and record retention requirements remain in place
Drivers can file a harassment complaint
The awareness and transition starts 2/16/2016 and ends 12/18/2017
ELDs have been added to the list of devices that motor carriers can use to record HOS in addition to paper RODS during the awareness and transition phase
Drivers can choose to present their HOS by display or printout when using an ELD
Federal Motor Carrier Safety Administration

23. Safety Fitness Determination
Notice of Proposed Rulemaking
Initial comment period ends March 21, 2016
Replaces current 3 tier System (Satisfactory, Conditional, Unsatisfactory) with a single determination of “Unfit”
Will assess Safety Fitness of approximately 75,000 carriers per month, vs currently about 15,000 per year
Federal Motor Carrier Safety Administration

24. Federal Motor Carrier Safety Administration
Why SFD?
FMCSA is able to evaluate carrier fitness for only about 15,000 motor carriers per year- SFD will evaluate approximately 75,000 carriers per month
Current Ratings may be based on assessments conducted years ago, and may be an unreliable indicator of current safety. SFD will be updated monthly.
Current Rating is almost entirely based on on-site assessment. SFD will combine on-site assessment data and roadside performance data into a single Fitness determination.
Federal Motor Carrier Safety Administration

25. SFD – Unfit Determination
Carrier may be determined to be Unfit through a combination of roadside inspection, crash reporting, and on-site investigations
Will be possible to be determined Unfit solely through roadside inspection and crash reporting
Carriers determined to be Unfit must either improve safety performance or cease operations
Federal Motor Carrier Safety Administration

26. SFD- Unfit Determination
FMCSA proposed SFD criteria would result in approximately 2.5 times more carriers determined to be Unfit through a combination of on-site investigation results and roadside data
Based on 2011 data, about 3,056 motor carriers would received a proposed determination of Unfit
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27. SFD- Fixed Performance Vs. Peer Ranking
SFD proposes evaluating carrier Fitness based on a fixed failure threshold
CSA’s Safety Measurement System uses Peer Grouping and Percentile Ranking to determine carrier safety performance scores.
SFD will NOT use percentile based rankings- assessment is made using a fixed performance standard
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28. Federal Motor Carrier Safety Administration
Resources
ELD:
service/elds/electronic-logging-devices
(newsletter sign up available)
SFD:
(includes webinar, SFD calculator)
Federal Motor Carrier Safety Administration

29. Federal Motor Carrier Safety Administration

30. Federal Motor Carrier Safety Administration

31. Federal Motor Carrier Safety Administration
Questions?
Jon Dierberger, Division Administrator FMCSA Tennessee
Federal Motor Carrier Safety Administration