ELDs are about to be mandated for industry wide use to improve HOS compliance. In advance of the mandate, carriers are increasingly using electronic driver logs as a safety and compliance tool that also enables them to achieve productivity gains.
ELDs and EOBRs
EOBR-related regulatory and legislative developments:
FMCSA is actively developing the ELD mandate rule as directed by Congress with the MAP-21 ("Moving Ahead for Progress in the 21st Century") law that became effective October 1, 2012.
With the mandate, ELDs will be required for drivers that are currently subject to paper logs--specifically: 395.8 Record of Duty Status (RODS). Below are FMCSA estimates for ELD usage includes:
|Long Haul (subject to RODS)||1.5 M||1.6M|
|Regional & Private Fleets (subject to RODS)||1.6 M||1.8 M|
|Total||3.1 M||3.4 M|
Exemptions of ELDs include:
New/Updated Requirements for ELDs
The ELD mandate rulemaking will address the following requirements:
The MAP-21 directive requires FMCSA to issue a final rule by October 1, 2013 and ensure that the mandate is in effect within two years. Currently, FMCSA estimates it will have a proposed rulemaking by mid-November 2013.
A realistic expected timeline for the ELD mandate rulemaking includes the following:
FMCSA is also continuing to research driver harassment issues and is taking a fast track in developing a rulemaking to prohibit driver coercion related to any regulation. A proposed rulemaking on this is expected in late 2013.
On December 27, 2011, FMCSA published a new final rule for hours of service. The rule will be implemented in two parts:
Effective July 1, 2013:
Previous changes that took effect February 27, 2012 include:
Not changed in the HOS final rule:
There is pending litigation for the HOS rule change or require additional rulemaking for HOS changes, including:
The Court has heard arguments in the case in April 2013 and will likely issue a ruling prior to the July 1, 2013 effective date. In the meantime, however, the industry needs to prepare for the HOS rule change.
July 2010: Effective Date
This policy update clarifies requirements for paper supporting documents to be retained with HOS records, and it provides additional guidance on a prior policy change to use electronic tracking records as supporting documents.
The policy to also apply electronic tracking records was initiated to provide enforcement with more visibility into discrepancies where paper logs do not match up with GPS location data and identified time and distance of vehicle travel. More recently, FMCSA has also started to apply electronic tracking records in evaluating electronic log records, looking for data exceptions and discrepancies that indicate incomplete electronic log system records.
For most carriers, electronic logs with EOBRs will be a big leap from manual logs, but nevertheless an important one from a safety and compliance perspective. While many carriers are contemplating the shift from manual logs to electronic logs, forward-looking carriers are adopting electronic logs so they'll be prepared when a mandate comes. Being compliant is paramount to carriers, but at the same time, many believe the technology will improve fleet productivity, safety, and their bottom line. Both EOBR regulation developments and CSA program rollout are initiatives that will serve to improve fleet safety. Where needed, they will also enforce remedial actions for carriers that are in violation or have demonstrated poor results with compliance management programs.
Start Preparing Today
Take advantage of Omnitracs' Hours of Service (HOS), an electronic on-board recording (EOBR) system for electronic driver logs that Omnitracs certifies is compliant with Federal Motor Carrier Safety Regulation 49 CFR § 395.15. Leverage HOS to help maintain regulatory compliance, reduce potential inaccuracies and risk of violations associated with manual log systems.
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