Electronic Logging Device (ELD)

The Moving Ahead for Progress in the 21st Century Act (MAP-21) was signed into law on July 6, 2012. Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of MAP-21 mandates the Electronic Logging Device (ELD) rule.

The implementation timeline for ELD’s were as follows:

• Phase 1, Awareness and Transition: Feb 16, 2016– Dec 17, 2017, during this time, carriers and drivers subject to the rule could prepare to comply and voluntarily use ELDs. Carriers and drivers subject to the rule could use any of the following for records of duty status (RODS): paper logs, logging software, and AOBRDs (Automatic On Board Recording Device).
• Phase 2, Phased-In Compliance: Dec 18, 2017–Dec 16, 2019, the two-year period from the Compliance Date to the Full Compliance Phase. Carriers and drivers subject to the rule can use AOBRDs installed and in-use prior to December 18, 2017, ELDs that are self-certified and registered with FMCSA.
• Phase 3, Full Compliance: After Dec 16, 2019, all drivers and carriers subject to the rule must use self-certified ELDs that are registered with FMCSA.

ELD’s are an electronic logging device that is connected to the engine to accurately record the Hours of Service of drivers. ELD’s 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. An ELD can be on a smartphone or other wireless device if the device meets the ELD rule’s technical specifications and must be mounted in a fixed position during commercial motor vehicle operation and visible to the driver from a normal seated driving position.

The ELD synchronizes with the commercial motor vehicle engine to automatically record engine power status, miles driven, identification of driver, vehicle, motor carrier and duty status.

Motor carriers and drivers must choose only ELDs that are self-certified and registered on FMCSA’s website, https://eld.fmcsa.dot.gov/list.

Most motor carriers and drivers who have to record their duty status and comply with the HOS must use an ELD. There are some exceptions however:

• Drivers who operate under the short-haul exception, (if the driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location and returns to the work reporting location and is released from work within 14 consecutive hours), may continue using timecards; they are not required to keep RODS and will not be required to use ELDs).
• Drivers who use paper RODS for not more than 8 days out of every 30-day period.
• Drivers who conduct drive-away/tow-away operations, in which the vehicle being driven is the commodity being delivered.
• Drivers of vehicles manufactured before 2000. This exemption was ambiguous. On September 19, 2018, the FMCSA issued and published a guidance which clarifies this exemption. The guidance is: “When a vehicle is registered, the model year should follow the criteria established by the National Administration (NHTSA). Generally, the model year is determined by reviewing the VIN on the vehicle registration. If the model year is pre-2000 based on the VIN, an ELD is not required. However, there may be instances when the model year reflected on the vehicle registration is not the same as the engine model year, most commonly when a vehicle is rebuilt using a “glider kit” or when an engine is swapped from one vehicle to another. Vehicles with engines predating model year 2000 are also accepted and are not required to have an ELD, even if the VIN number reported on the registration indicates that the CMV is a later model year. While the driver is not required to possess documentation that confirms the vehicle engine model year, 49 CFR Part 379 Appendix A requires motor carriers to maintain all documentation on motor and engine changes at the principal place of business.” The guidance changes the exemption to engines predating model year 2000.

Motor carriers must set up an ELD account and manage the accounts for drivers. A driver can only have one account with the motor carrier. The drivers CDL number and issuing state must be used when setting up an account for identification purposes.

While the driver or motor carrier can make an edit or annotation on the ELD to correct mistakes or add missing information, it does not overwrite the original record. If an edit is made, then an annotation must be added to document the reason for the change. The driver must certify the RODS to be true and correct. Drive time can’t be edited or changed to non-driving time because the ELD  automatically records all of the time that a commercial motor vehicle is in motion as driving time.

The Hours of Service is the same weather you are using an ELD or paper logs. The only difference is how the RODS is recorded.

A driver using an ELD must have an ELD information packet (printed copies or in electronic form) onboard the commercial motor vehicle containing the following items:

• A user’s manual for the driver describing how to operate the ELD.
• An instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions to produce and transfer the driver’s hours-of-service records to an authorized safety official.
• An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions.
• A paper log book.           

The ELD must be able to electronically transfer the ELD data to a safety official using wireless web services and email, or transfer data locally using a thumb or flash drive (USB 2.0) and Bluetooth®. A driver must also be able to provide either the display or a printout to an authorized safety official on request. The driver must provide the previous 7 days of electronic logs.

In the event of an ELD malfunction, a driver must:

• Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours.
• Reconstruct RODS for the current 24-hour period and the previous 7 consecutive days, and record the RODS on graph-grid paper logs, or electronic logging software, that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD.
• Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance. The recording of the driver’s hours of service on a paper log, or electronic logging software, cannot continue for more than 8 days after the malfunction; a driver that continues to record his or her hours of service on a paper log, or electronic logging software, beyond 8 days risk being placed out of service.

Motor carriers are required to provide ELD training for drivers to ensure the drivers know how to use ELD’s to comply with the law. 

The ELD rule also prohibits harassment of drivers based on ELD data. FMCSA defines harassment as an action by a motor carrier toward one of its drivers that the motor carrier knew, or should have known, would result in the driver violating hours-of-service (HOS) rules in 49 CFR 395 or 49 CFR 392.3. These rules prohibit carriers from requiring drivers to drive when their ability or alertness is impaired due to fatigue, illness, or other causes that compromise safety. To be considered harassment, the action must involve information available to the motor carrier through an ELD or other technology used in combination with an ELD. FMCSA explicitly prohibits a motor carrier from harassing a driver. As a result, motor carriers will be limited in forcing drivers to violate the hours-of-service (HOS) rules without leaving an electronic trail that would point to the original and revised records. The rule also provides recourse for drivers who believe they have been harassed.