Time is almost finally up: All motor carriers and truck drivers subject to the electronic logging device rule must use an electronic logging device starting on Dec. 17, the Commercial Vehicle Safety Alliance is reminding the industry via a press release.
The Dec. 17 deadline also pertains to grandfathered automatic onboard recording devices. As of that date, they will no longer be allowed for recording duty status as a substitute for a mandated ELD. In other words, all carriers subject to the ELD rule that are now using an AOBRD must have a fully operational ELD installed on, again, before Dec. 17.
CVSA also pointed out that, according to the Federal Motor Carrier Safety Administration, there will be no extensions or exceptions made to the Dec. 17 ELD rule deadline. In addition, the alliance stated that roadside inspectors will begin fully enforcing the ELD rule on Dec. 17 — emphasizing there will be no "soft enforcement" grace period.
If a commercial motor vehicle driver is required to have an ELD and the vehicle is not equipped with a registered compliant ELD, the driver is considered to have no record of duty status; that also applies to a driver still using an automatic onboard recording device after the AOBRD to ELD transition deadline of Dec. 17.
According to the North American Standard Out-of-Service Criteria, a property-carrying driver who does not have a record of duty status in his or her possession when one is required will be declared out of service for 10 hours.
CVSA-certified roadside inspectors use the North American Standard Out-of-Service Criteria to identify conditions that preclude further operation of a commercial motor vehicle by its driver for a specified amount of time, or for some conditions, until the violation is corrected.
CVSA also noted that the April 1, 2019, North American Standard Out-of-Service Criteria specifies the out-of-service conditions related to deficiencies of record-of-duty status and hours-of-service rules and regulations. In addition, CVSA's Inspection Bulletin regarding hand-held and electronic logging devices outlines the requirements for devices used to record drivers' hours of service, according to 49 CFR Part 395 Subpart B – Electronic Logging Devices.
“It's important to note that the ELD final rule does not change any of the underlying hours-of-service regulations,” CVSA stated.