ELDs – Time to Comply

ELD Mandate Enforcement Kicks in for Real April 1

February 27, 2018

By Jim Beach

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CVSA’s Kerri Wirachowsky speaking about ELD enforcement after the April 1 deadline. Photo: Jim Beach
CVSA’s Kerri Wirachowsky speaking about ELD enforcement after the April 1 deadline. Photo: Jim Beach

NASHVILLE — The electronic logging device mandate became effective in December, but law enforcement agencies have been observing a “soft enforcement” stance since then, with ELD violations written up as 395.22(a) violations with no CSA points or vehicles being placed out of service.

But that’s about going to in a little over a month, explained Kerri Wirachowsky, the Commercial Vehicle Safety Alliance’s director of roadside inspection program during a session on ELD enforcement at Omnitracs’ Outlook 2018 user conference here on Feb. 26. She said that come April 1, the full enforcement of the ELD rule will kick in – including the assigning of CSA points and the issuing of out-of-service citations

There is still confusion about the ELD rule, even among law enforcement, Wirachowsky said. Therefore, fleets should do all they can to help inspectors determine which type of device drivers are using. That’s especially critical as certified AOBRDs are allowed to be used through Dec. 17, 2019, thanks to a grandfather clause.

“Make sure your drivers have the device cab card in the cab,” she advised. In fact, the regulation requires the following information to be available in the cab: a user manual describing how to use the ELD; an instruction sheet for producing and transferring data; an instruction sheet for reporting malfunctions and record-keeping procedures during malfunctions; and a supply of blank records of duty status for recording hours of service for at least 8 days. Any of this information can be in electronic form.

As of April 1, a driver can be placed out-of-service if:

  • Using an unauthorized logging device not registered with the Federal Motor Carrier Safety Administration
  • Unable to produce and transfer data electronically from an ELD to an authorized law enforcement officer, or to produce the data via the display or print it out. A driver with an AOBRD can be placed out-of-service if unable to display or produce records of duty status
  • Driver indicates a special driving category when not involved in that category (considered a false log)
  • Driver is required to have an ELD and the vehicle is not equipped with one (or an AOBRD until Dec. 17, 2019).

There might be some jurisdictions where the “soft enforcement” is not being followed. In such cases, if a driver is cited, the carrier will need to file a DataQ along with all supporting documents, including copies of valid HOS records.

While AOBRDs are allowed until late next year, there are some key differences, Wirachowsky said. “It’s not the hardware, it’s the software.” Among these differences, a roadside inspector should be able to check a driver’s HOSs record on the screen of the device. With some AOBRDs, that might require a file upload. That’s another thing some inspector may not understand. Again, as much help as the driver can provide is key.

Some of the key differences between an ELD and AOBRD are shown in the comparison chart below:

 

AOBRD

ELDs

Integrally synchronizedYesYes
Automatic recording of HOSYesYes
Technical specificationsLimitedYes
Registered with FMCSANoYes
Printing requirementsNoneIf no display screen
Data Transfer requirementsNoneTelematics or local
Permitted UseDec. 18, 2017 – Dec. 19, 2019Dec. 18, 2017


Wirachowsky noted that there are some exemptions for ELDs. Fleets are advised to make sure a copy of any exemption they have is kept in the truck at all times.

Comments

  1. 1. Bluegrass Horseman Magazi [ February 28, 2018 @ 06:15AM ]


    Please keep us posted on any future releases on changes or updates
    so we can publish for the benefit of the drivers with long hauling
    vans for horses.

    Thank you,
    Keith Cupp

  2. 2. Dimi [ February 28, 2018 @ 07:11AM ]

    Such a bullshit law, we are talking for a discrimination in 21st century !! The real “LAW” should follow the driver NOT the truck if the main reason is “ SAFETY “ ladies & jantleman

  3. 3. Sean [ February 28, 2018 @ 08:21PM ]

    @Dimi: It does follow the truck AND the driver. The driver logs into the ELD and any records made while in service are attributed to that driver, and the ELD also states what truck that driver was driver during that record.

  4. 4. Boky [ February 28, 2018 @ 08:24PM ]

    Computer does not know when am I tired, when need to use a restroom... Just keep pushing pressure on me.

  5. 5. George K [ March 01, 2018 @ 11:37AM ]

    More regulations to keep the parasites busy at FMSCA! Less safety on the roads and a total disregard for driver s reality on the road by not eliminating the 14 hour rule! The eld is a wolf in sheeps clothing..its real aim is to shut down the small transport companies.All these people at FMSCA that have never driven s truck should be arrested for murder as the eld causes untold of stresss and accidents on the road! A day of shame for America when drivers have to throw common sense out the window and be at the mercy of an elog with hos rules that dont reflect real life situations! Is it safe asswipes for a truck to park on an off ramp?? That s what eld s make the driver do..

  6. 6. George K [ March 01, 2018 @ 11:40AM ]

    Has this Wirakovsky broad ever been in a truck to dictate the law? We risk our lives every day! Shouldnt a truck driver be in a position of authority at FMSCA instead of these ignoramuses that are making trucks into killing machines with their stupid rules and regulations!

  7. 7. Carolyn Miller [ March 01, 2018 @ 03:24PM ]

    Though no points are given, the violations still shows on the company’s CVSA page for all to see, including insurance companies and other who are using this as a means of control and cost hikes. These ELD have nothing to do with safety and just a spy tool. Truckers, horse haulers, nascar drivers etc are not criminals just because of the profession they have and shouldn’t be treated as such!

  8. 8. Ari Torres [ March 02, 2018 @ 04:47PM ]

    the real criminals here are few congressmen and smart ass as Omnitracs yes they all together with the FMCSA brought this shit on us not for safety but for MONEY assholes. There is no safety with this crap when I am not even able to drive 10 hours a day because all the crap thatthis ELD brings and then I have to speed up to make up time and make it to some destinations. FMCSA,Goverment and Omnitracs are the criminals here.

  9. 9. Carlton Biggs [ March 03, 2018 @ 07:07PM ]

    George and Ari, you are right. This sky woman knows nothing about trucking and now making our rules. This is the most shady deal I have ever seen. It is all about forcing us to buy somebodys product that I know nothing about or how to use. just read those 4 rules and think about them. this is the worst deal I ever heard of.

  10. 10. Zeus De Jesus [ March 03, 2018 @ 08:32PM ]

    Sadly for millions of hard working Americans technology is going to eliminate their livelihood and unfortunately new technology is the REAL beast that will change this transportation evolution so to speak. Trucks that drive themselves WILL be here sooner than some folks may realize. Platooning, final mile delivery and even backing up to a dock with no driver in the seat of the truck is very real and it is here ya'll. Ready yourselves out there for the future people. ELD's will become a distant memory.

  11. 11. Joe C [ March 04, 2018 @ 08:12AM ]

    What this rule does is to make every movement of you accountable in your truck is all. Example is if you drive on the customers lot to go pick up your load, it registers as driving and on duty. Or log as you do work now, No more off duty to save your hours and edit them later on. Nope, the carrier or dispatcher can't override the logs now. And as a result of this BS rule, you'll now make less money per year. Log as you do it is now micro- managment full force now.

  12. 12. Fred morris [ March 04, 2018 @ 11:57AM ]

    Well folks. 1, they are better jobs than today's trucking our there. Park it ,turn it in.and go get one don't underestimate your ability.
    2, regardless of their taking out of both sides of their neck.government officials, company jackasses nor anyone who's making a dollar off your hard work ,give two Yahoo's and a hot damn about your well being, safety health or quality of life.
    And if you think they do.pity that day you find out

  13. 13. Eric [ March 08, 2018 @ 06:09AM ]

    Appears that WE THE DRIVERS will be accosted by d.o.t. inspectors who know not much more than US about these recording devices AND that WE will have to educate some of them to OUR detriment.
    Being placed O.O.S. because of some technicality that may be or is not understood by either party, is just another form of subjugation and control which leads to rebellion.
    Paper logs were used over 70 years and there were LESS ACCIDENTS, CRASHES, WRECKS, DEATHS on all roads.
    As WE have seen with e-logs, harassment of Drivers will simply increase as well O.O.S. violations and c.s.a. "points" against Drivers and companies resulting in ever increased Fines and Penalties or just shutting down companies.
    "Driver shortage" will increase 100 fold and prices of goods will continue to increase.
    Trucking ain't what it was and will never again be.

  14. 14. RUNNING FIRE [ March 08, 2018 @ 10:32PM ]

    18.18 > March`8th 2018 @ time is of no use nor meaning: Not sure what these “double numbers” at each post mean; so I posted my favorites: I am; RUNNING FIRE of Running Fire Trek Transport: out of Minnesota; RunningFireTrekTransport@gmail.com
    I am age 67 with 2.5 million real miles out there; I am back on the road in April`2018 whereas, I knew I would have to comply with the new ways of the road; However, this does not negate the “Insanity” that has been done to trucking AGAIN! Worstest, this as always just ruins the truckers life on the road; they have found another way to: “Spiral Truckers Downward into the Deepest Depths of Despair”. I would do anything, to go to war with all of these so-called authorities in power, and beat them off of this planet; However, like most all 10 million truckers; I have no power to do anything, and win! I have read all of: Dimi & Sean & Boky & George & Carolyn & Ari & Carlton & Zeus & Joe; Now is my turn; the Running`Fire: It was ruination when I could no longer drive: 5 rolling & 5 resting. In this way, I could accommodate the clear reality of clarity; what it is truly like on the road; I would start my day by heading for the dock in Chicago; with traffic & nonsense, it could easily take me 1 to 3 hours, just to get to the dock; then, I would sit there, 2 or 3 hours to get loaded; I would start crying when it was a 5 hour wait to get loaded; then off I go rolling eastbound; No, not really rolling, as I still had to get out of Chicago to the Indiana border. That would be a minimum of 2 hours, mostly 3 to 4; whereas, with rush hour and/or a backup, and the most dreaded “an accident”, it has taken me 5 hours to get out of Chicago. “All big citys are like this”. Lets do the math; I am just starting my day at a real time usage of 7 or 8 up to 9 hours just to get to exit 22 in Indiana, so I can take a nap at the Pilot there; Oh no, not allowed, for my 14 hour day started at 6am, whereas it is now 3pm, with only 5 hours left on my log;

  15. 15. RUNNING FIRE [ March 08, 2018 @ 10:33PM ]

    Worstest meaning, I can only drive 4 more hours or less; I have not eaten, I have not fueled, I have not showered, I have not inspected my rig, I have not caught up my paperwork, I have not pooped! The insanity we speak of is: YOU IDIOTS OF GREAT IGNORANCE cannot tell us truckers when to eat, when to rest, when to roll, when to sleep, when to shower, when to drive safe, WHEN TO POOP! All drivers know what I speak of; of course for years, not in any way that they can catch me; I had to rip log pages to make it right. Wrongness? NO not at all; becoz I AM DRIVING SAFE! I make sure I have plenty of rest/sleep, have all my daily dutys in order; in all seriousness, without any of this pooping humour; YOU CANNOT TELL DRIVERS WHEN THEY MUST SLEEP! This is what is killing us all, and putting truckers out of business; Ahh that is correct; it is as said above: it is all about the money $$$ period! Inclusive, push all of us “real truckers” out of business or off the road; so jb`hunt & swift & england & wener/weiner & such; this has always been the plan of the people in power anyway; well, it is working, aye. I see no way to stop them, without all out revolution, just as Americans did to the British; except now, it will be Americans against Non-Americans that control America; not sure really how to word any of this; I will report back in 3 months; Let me see if I can make it on a set schedule; Drop & Hook; Truck rig governed at 65/67mph; a Pete 579 at 9 to 10mpg; and sleep/nap every chance I get; I have no clue if I will make it; I am/was a perfectomondo at running LEGAL with my 5R/5R and my run 10hrs or even 8/9hrs & lay down for 8hrs. Fuel my truck, Shower, Eat, and Roll; it worked for how many years? Forever! I only know reality, truth, the way it is; I do not know how to make them stop, to fix this, to give the trucker their life back? Seems, it is not going to happen; Truckers have always been the greatest at “adapting to any situation knowing what to do best”.

  16. 16. RUNNING FIRE [ March 08, 2018 @ 10:34PM ]

    However, now, what is their to adapt to; when it is all insanity! Here is the math: depending my Chicago pickup; it is/was only 20mi/35mi to Indiana, plus the 22mi to the Pilot; Rolling at 62mph average, I should have been there in 40 minutes; Nope! It would take me the predicted 5 to 9hrs; inclusive the Fuel the Tractor, Maintain the Tractor (oil & water & windows & such), Shower, Eat, then Pre`Trip 20+ minutes, and then Roll to the Road. What? Wait? I have used up 8 to 10 hours of normal trucking time; What? Wait? I only have 4 hours left … and I NEED A NAP! That is worst situational scenario; What did I mostly do? Run the back roads of Chicago; I know secret ways out; then forget eating & showering & only a 4min pretrip; with only a 22min nap, I gotta roll, and I did! At least 5hrs of this, I only had to show one hour, 55mi right, on my legal log, whereas, even if it was 7/8hrs later, I could take 2 more naps & still roll for 8hrs. I have never had an accident, never had a log violation, therefore, never put outta service; I have also never ever never had a good sleep; except when a few days of running are done; then I go off dispatch AND SLEEP! I can bespeak this now; when the first of the first DOT cops (without a badge or a gun) jumped up on my KW`100 giving me a total nonsensical worthless meaningless talking too; I jerked my door open & knocked him to the ground; I asked, I made sure he was okay, not hitting his head and all; telling him do not ever get on my truck again; Ha, is fantasy now, aye. Said above; the DOT are really going to lay into the Truckers now; all required stuff needed from the ELD`s. What a nightmare! Finishing with same clarity; not to reiterate with redundency; THEY CANNOT TELL US WHEN TO EAT, TO SLEEP, TO ELIMINATE, TO BEAT TRAFFIC, TO BEAT THE DOCKS, TO NOT BE SLOWED DOWN ON THE MOUNTAINS, TO NOT BE TIRED! Not that anybody cares; just nobody can tell me I have to roll within certain hours & when I need to stop & poop! Just saying

  17. 17. RUNNING FIRE [ March 08, 2018 @ 10:52PM ]

    Then I find this: Company Warnings;
    Beware Of These Trucking Companies: Companies are only listed here if they have some serious problems concerning drivers. I will only put a company here after the offense has been checked out and verified. The offending trucking company MUST have 100 trucks OR more to be listed.
    Want To See A Company Here? Click Here …You will be anonymous;
    > JB Hunt [Lowell, AR] JB Hunt does NOT pay drivers layover for sitting on weekends. If their drivers sit all 48 hours on the weekend away from his/her family, they don’t get a dime.
    > CR England [Salt Lake City, UT] Many drivers have complained about CR England stating they do not pay their lease operators properly. Drivers have stated that they will rip you off. Beware if you lease onto CR England! I’ve personally heard bad news about CR England for years.
    > Werner Enterprises [Omaha, NE]
    Drivers have stated MANY safety concerns with Werner Enterprises. I have personally seen Werner drivers in orientation sitting for a week or even more waiting to get a truck after they are DONE. They have some SERIOUS problems. Click here for just ONE of their driver’s concerns. I’ve had many people complain to me about Werner;
    > Covenant Transport [Chattanooga, TN] Covenant Transport’s driver trainers have stated that instead of training the new drivers they will instead make the trainer run the truck as a team which could endanger a lot of people. Covenant Transport has a VERY bad reputation among MOST drivers and it is suggested NOT to work for them and especially not to be trained by them! They have such an enormous turnover that this is what they almost have to do to keep making any money;

  18. 18. RUNNING FIRE [ March 08, 2018 @ 10:53PM ]

    > Eagle Motor Lines | Southern Cal [Birmingham, AL] * Drivers have stated that Southern Cal Transport makes drivers falsify logs and violate hours of service rules. These drivers have also reported them to the DOT who have apparently done nothing. Drivers state that they DO have them recorded on tape telling them to run illegal. Driver was then FIRED because the boss caught him recording the illegal directives.
    > Swift [Phoenix, AZ] * In the recent few weeks I have had myriad drivers complain about this company. I do not know what is going on at Swift but many drivers say they have cheated them, ran shoddy equipment, blatantly told drivers to lie on logs, not reimbursed tolls, etc. Recently Swift has turned their trucks up to 65 mph to try and plug the hemorrhage of drivers leaving the company. Beware of dealing with this company. You are forewarned. UPDATE: Swift stock downgraded by analyst because of their treatment of drivers, company structure and low pay! more…
    > Moskowitz Motor Transportation [Plainfield, NJ] * People have stated that this company stopped paying benefits, has poor equipment, does not deliver freight, doesn’t pay overtime & much more. Teamsters Strike The Deadbeat… Moskowitz Motor Transportation
    > US Xpress Enterprises [Chattanooga, TN] * US Xpress has a few reports against them stating drivers were stranded, hung out to dry;
    > Prime Inc [Springfield, MO] * I have seen this company literally run drivers into the ground! They consistently keep a bad reputation among drivers. A common joke when hearing of a trucker in the ditch is, “was it a Prime?”. The state of Wyoming is considered the “Prime truck burial ground” as so many of their trucks have been inserted into the ditch there. I suggest you think HARD before going to Prime of Springfield, MO.
    > See what government safety rating any trucking company has here.
    Stop working for these companies and I guarantee you they will HAVE to change !

  19. 19. RUNNING FIRE [ March 08, 2018 @ 11:09PM ]

    > And like all real drivers have now caught up on the insanity; (I am still in the process). Here it is, from this Fred Flintstone Gorilla faced; Kerri Wirachowsky; the Expert on Trucking;
    NASHVILLE; The electronic logging device mandate became effective in December, but law enforcement agencies have been observing a “soft enforcement” stance since then, with ELD violations written up as 395.22(a) violations with no CSA points or vehicles being placed out of service. This is going to take a little over a month, explained Kerri Wirachowsky, the Commercial Vehicle Safety Alliance’s director of roadside inspection program during a session on ELD enforcement at Omnitracs’ Outlook 2018 user conference here on Feb. 26. She said that come April 1, the full enforcement of the ELD rule will kick in; including the assigning of CSA points and the issuing of out-of-service citations. There is still confusion about the ELD rule, even among law enforcement, Wirachowsky said. Therefore, fleets should do all they can to help inspectors determine which type of device drivers are using. That’s especially critical as certified AOBRDs are allowed to be used through Dec. 17, 2019, thanks to a grandfather clause. “Make sure your drivers have the device cab card in the cab,” she advised. In fact, the regulation requires the following information to be available in the cab: a user manual describing how to use the ELD; an instruction sheet for producing and transferring data; an instruction sheet for reporting malfunctions and record-keeping procedures during malfunctions; and a supply of blank records of duty status for recording hours of service for at least 8 days. This information can be in electronic form. [(me) “MAKE SURE YOUR DRIVERS HAVE THE DEVICE IN THE CAB”. Oh wonder of wonders, where oh where did this critical info derive from??? oh, that's right, from the profit margin of “the device” that I am sure Killer`Kerri has an interest in; Killer, bcoz, she is killing Truckers!]

  20. 20. RUNNING FIRE [ March 08, 2018 @ 11:10PM ]

    As of April 1, a driver can be placed out-of-service if:
    • Using an unauthorized logging device not registered with the Federal Motor Carrier Safety Administration
    • Unable to produce and transfer data electronically from an ELD to an authorized law enforcement officer, or to produce the data via the display or print it out. A driver with an AOBRD can be placed out-of-service if unable to display or produce records of duty status
    • Driver indicates a special driving category when not involved in that category (considered a false log)
    • Driver is required to have an ELD and the vehicle is not equipped with one (or an AOBRD until Dec. 17, 2019).
    There might be some jurisdictions where the “soft enforcement” is not being followed. In such cases, if a driver is cited, the carrier will need to file a DataQ along with all supporting documents, including copies of valid HOS records. While AOBRDs are allowed until late next year, there are some key differences, Wirachowsky said. “It’s not the hardware, it’s the software.” Among these differences, a roadside inspector should be able to check a driver’s HOSs record on the screen of the device. With some AOBRDs, that might require a file upload. That’s another thing some inspector may not understand. Again, as much help as the driver can provide is key. [THE KEY TO WHAT EXACTLY??? Well, that’s it; Trucking is done; Sure there are good DOT out there & good cops; know what the sherriffs have always told me? They have no respect whatsoever for the speed cops with their radar toy guns, nor the power hungry DOT. “All Sheriffs MUST answer ALL calls, no matter what the danger; whilst the cops sit in their cozy cars “trapping truckers” with their games; Watch the stories start to roll in; how the DOT is really hassling Truckers now; jumping in their Tractors, demanding this & that & this; or face the punishment.]

  21. 21. Ebereyte [ March 30, 2018 @ 06:55AM ]

    President Donald Trump just signed an executive order to end the April 1st deadline of strict E-Log enforcement, because the FMCSA have given out unfair exemptions to certain carriers . Make America Great Again!

  22. 22. Ebereyte [ March 30, 2018 @ 06:59AM ]

    Thanks to President Trump.You don't have to use an E-log after April 1 2018. Unless you choose to.
    Make America Great Again!

 

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