Introduction to the Electronic Logging Device Rule and

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Introduction to the Electronic Logging Device Rule and Implementation Plan Federal Motor Carrier Safety

Introduction to the Electronic Logging Device Rule and Implementation Plan Federal Motor Carrier Safety Administration

Agenda Provide an overview of the Electronic Logging Device (ELD) Rule and FMCSA’s plan

Agenda Provide an overview of the Electronic Logging Device (ELD) Rule and FMCSA’s plan for its phased implementation ● Four Major components of the ELD Rule ● ELD Implementation Phases ● ELD Specifications ● Supporting Documents ● Harassment Prohibition ● Coercion defined and how it differs from harassment Federal Motor Carrier Safety Administration 2

Four Major Components of ELD Rule ● Requirements for the mandatory use of ELDs

Four Major Components of ELD Rule ● Requirements for the mandatory use of ELDs by most drivers currently required to prepare Record of Duty Status (RODS) ● Minimum performance and design standards (Technical Specifications) for ELDs ● Requirements for Hours of Service (HOS) supporting documents ● Measures to prevent harassment through the use of ELDs Federal Motor Carrier Safety Administration 3

Who is required to use an ELD? ● Interstate CMV drivers currently required to

Who is required to use an ELD? ● Interstate CMV drivers currently required to keep RODS ● Subject to requirements in 49 CFR 395 ● CMVs defined in 49 CFR 390. 5 ● ≥ 10, 001 pounds ● Placarded hazmat ● More than 8 or 15 passengers Federal Motor Carrier Safety Administration 4

Exemptions ● Using RODS for not more than 8 days during any 30 -day

Exemptions ● Using RODS for not more than 8 days during any 30 -day period ● 100 air-mile radius drivers may continue to use time records, as allowed by § 395. 1(e)(1) ● 150 air-mile radius non-CDL property carrying drivers may continue to use time records, as allowed by § 395. 1(e)(2) ● Conducting “drive away-tow away” operations ● Driving vehicles manufactured before model year 2000 Federal Motor Carrier Safety Administration 5

ELD Implementation Phase 1 Awareness and Transition Phase February 16, 2016–December 18, 2017 Federal

ELD Implementation Phase 1 Awareness and Transition Phase February 16, 2016–December 18, 2017 Federal Motor Carrier Safety Administration 6

Phase 1: Awareness and Transition Phase 3 6/ 20 /1 12 20 8/ /1

Phase 1: Awareness and Transition Phase 3 6/ 20 /1 12 20 8/ /1 12 Federal Motor Carrier Safety Administration 19 17 16 Phase 2 20 6/ /1 02 12 /1 6/ 20 15 Phase 1 7

Important Dates ● Registration and voluntary use of ELDs begins 60 days after the

Important Dates ● Registration and voluntary use of ELDs begins 60 days after the ELD Rule is published (February 16, 2016) ● Compliance date is 2 years after ELD Rule is published (December 18, 2017) ● AOBRDs must be upgraded or replaced with ELDs within 4 years of the publication of the Final Rule (December 16, 2019) ● I. e. , AOBRDs compliant with § 395. 15 that were installed before the compliance date could be used (grandfathered) for 2 years after the compliance date Federal Motor Carrier Safety Administration 8

Phase 1: Awareness and Transition ● System providers register and certify their ELDs –

Phase 1: Awareness and Transition ● System providers register and certify their ELDs – a Compliance Test Procedure will be posted on FMCSA’s website ● Motor Carriers can choose to voluntarily use ELDs, AOBRDs, or Devices with Logging Software Programs versus paper logs for RODS – all 4 methods can be used ● Authorized safety officials need to distinguish the different types of devices and cite the appropriate regulation or guidance for enforcement purposes ● Harassment Legal Procedures Federal Motor Carrier Safety Administration 9

Electronic Logging Devices Definition and Specifications Federal Motor Carrier Safety Administration 10

Electronic Logging Devices Definition and Specifications Federal Motor Carrier Safety Administration 10

What is an ELD? ● A device that: ● Automatically records a driver’s driving

What is an ELD? ● A device that: ● Automatically records a driver’s driving time ● Facilitates the accurate recording of the driver’s HOS ● Meets the minimum technical specifications of the ELD rule listed in Appendix A to Subpart B of Part 395 ● Is integrally synchronized with the engine of the commercial motor vehicle (CMV) Federal Motor Carrier Safety Administration 11

Engine Synchronization ● Integral synchronization to the electronic control module (ECM) ● Monitoring of

Engine Synchronization ● Integral synchronization to the electronic control module (ECM) ● Monitoring of the vehicle’s engine operation to automatically capture: ● Engine’s power status ● Vehicle’s motion status ● Miles driven ● Engine hours Federal Motor Carrier Safety Administration 12

Automatically Recorded Data ● Date ● Time ● CMV Geographic Location Information ● Engine

Automatically Recorded Data ● Date ● Time ● CMV Geographic Location Information ● Engine Hours ● Vehicle Miles ● Driver or Authenticated User Identification ● Vehicle Identification ● Motor Carrier Identification Federal Motor Carrier Safety Administration 13

ELD Event Data Recording Occurs Upon: ● Engine power up and shut down ●

ELD Event Data Recording Occurs Upon: ● Engine power up and shut down ● Driver login/logout ● Duty status changes ● Personal use or yard moves (special driving categories/ motor carrier option) ● Certification of driver’s daily record ● 60 -minute intervals when the vehicle is in motion ● Malfunction of diagnostic events Federal Motor Carrier Safety Administration 14

Geolocations ● CMV Geographic Location Information ● Show a nearby city, town, or village,

Geolocations ● CMV Geographic Location Information ● Show a nearby city, town, or village, or the compass direction and distance from the nearest city, town, or village with populations of 5000+ ● During on-duty driving periods, the location accuracy is approximately within a 1 -mile radius ● When a CMV is used for personal use, the position reporting accuracy is approximately within a 10 -mile radius Federal Motor Carrier Safety Administration 15

Manual Inputs ● Motor carriers – User account setup ● Drivers ● Support personnel

Manual Inputs ● Motor carriers – User account setup ● Drivers ● Support personnel (supervisors, mechanics, dispatchers, etc. ) ● Drivers ● Annotations, when applicable ● Location description, when prompted by the ELD ● CMV power unit number ● Trailer number(s), if applicable ● Shipping document number, if applicable Federal Motor Carrier Safety Administration 16

Data Diagnostics and Malfunctions ● ELD identifies data diagnostics and malfunctions with status as

Data Diagnostics and Malfunctions ● ELD identifies data diagnostics and malfunctions with status as either “detected” or “cleared” for: ● Power ● Data Synchronization ● Missing Data ● Timing ● Positioning ● Data Recording ● Data Transfer ● Unidentified Driver Records Federal Motor Carrier Safety Administration 17

What to Expect at Roadside ELD Record of Duty Status Federal Motor Carrier Safety

What to Expect at Roadside ELD Record of Duty Status Federal Motor Carrier Safety Administration 18

ELD Record of Duty Status ● It is required that RODS be shared in

ELD Record of Duty Status ● It is required that RODS be shared in one of two ways at roadside (choice of the driver or motor carrier): ● Printout (not all ELDs provide) ● Screen display visible to enforcement at a reasonable distance ● Acceptance of data via fax, email or other method of transmission is at the discretion of the inspector Federal Motor Carrier Safety Administration 19

ELD Information included in Daily Header ● 24 -Hour Period Starting Time ● Carrier

ELD Information included in Daily Header ● 24 -Hour Period Starting Time ● Carrier Name/USDOT # ● Driver Name and ID ● Driver’s License # ns * o i dit d* Ad in re LD own E ** sh ● Driver’s License State ● Co-Driver Name and 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 ● Shipping ID ● Current Engine Hours ● Current Odometer ● Time Zone ● Truck Tractor ID and VIN ● Trailer ID Federal Motor Carrier Safety Administration 20

ELD Information – Daily Header Federal Motor Carrier Safety Administration 21

ELD Information – Daily Header Federal Motor Carrier Safety Administration 21

24 -hour Duty Status Grid Federal Motor Carrier Safety Administration 22

24 -hour Duty Status Grid Federal Motor Carrier Safety Administration 22

ELD Detail Log Data Federal Motor Carrier Safety Administration 23

ELD Detail Log Data Federal Motor Carrier Safety Administration 23

What is to be Expected during Investigations? ● 6 months worth of Records of

What is to be Expected during Investigations? ● 6 months worth of Records of duty status ● If carrier is using an ELD, verify it is registered ● All supporting documents ● The new supporting documents provisions do not take effect until December 18, 2017 ● See enforcement memo dated December 10, 2015 regarding ELD awareness and transition phase Federal Motor Carrier Safety Administration 24

Supporting Documents Federal Motor Carrier Safety Administration 25

Supporting Documents Federal Motor Carrier Safety Administration 25

Supporting Documents: Definition “A document, in any medium, generated or received by a motor

Supporting Documents: Definition “A document, in any medium, generated or received by a motor carrier in the normal course of business as described in 395. 11 that can be used, as produced or with additional identifying information, by the motor carrier and enforcement officials to verify the accuracy of a driver’s record of duty status. ” [§ 395. 2] Federal Motor Carrier Safety Administration 26

Supporting Documents: Data Elements ● Driver name (or carrier-assigned ID) ● Can be vehicle

Supporting Documents: Data Elements ● Driver name (or carrier-assigned ID) ● Can be vehicle unit number if that number can be linked to the driver ● Date ● Location (including the name of nearest city, town or village) ● Time Federal Motor Carrier Safety Administration 27

Supporting Documents: Categories 1. Bills of lading, itineraries, schedules, or equivalent with the origin

Supporting Documents: Categories 1. Bills of lading, itineraries, schedules, or equivalent with the origin and destination of each trip 2. Dispatch records, trip records, or equivalent 3. Expense receipts related to on-duty (not driving) periods 4. Electronic mobile communication records 5. Payroll records, settlement sheets, or equivalent Federal Motor Carrier Safety Administration 28

Supporting Documents: General ● Must be retained for 6 months ● Must be submitted

Supporting Documents: General ● Must be retained for 6 months ● Must be submitted within 13 days ● Must be able to be matched to RODS ● Cannot be destroyed, defaced, or altered ● Driver must make supporting documents in his/her possession available to authorized Federal, State, or local official upon request Federal Motor Carrier Safety Administration 29

Resources Website: www. fmcsa. dot. gov/elds FAQs: https: //www. fmcsa. dot. gov/hours-service/elds/faqs Registered ELDs:

Resources Website: www. fmcsa. dot. gov/elds FAQs: https: //www. fmcsa. dot. gov/hours-service/elds/faqs Registered ELDs: https: //3 pdp. fmcsa. dot. gov/ELDList. aspx Public email address: ELD@dot. gov Law Enforcement email address: ELDENFORCEMENT@dot. gov Federal Motor Carrier Safety Administration 30

ELD/AOBRD Technical Differences Feature/Function 1988 AOBRD Rule ELD Rule Integral Synchronization Integral synchronization required,

ELD/AOBRD Technical Differences Feature/Function 1988 AOBRD Rule ELD Rule Integral Synchronization Integral synchronization required, but term not defined in the Federal Motor Carrier Safety Regulations (FMCSRs). Integral synchronization interfacing with the CMV engine ECM, to automatically capture engine power status, vehicle motion status, miles driven, engine hours. (CMVs older than model year 2000 exempted. ) Recording Location Information of Commercial Motor Vehicle (CMV) Required at each change of duty status. Manual or automated. Require automated entry at each change of duty status, at 60 -minute intervals while CMV is in motion, at engine-on and engine-off instances, and at beginning and end of personal use and yard moves. Graph Grid Display Hours of Service (HOS) Driver Advisory Messages Not required – “time and sequence of duty status changes. ” Not addressed. Device “Default” Duty Status Not addressed. Clock Time Drift Not addressed. Communications Methods Not addressed – focused on interface between AOBRD support systems and printers. An ELD must be able to present a graph grid of driver’s daily duty status changes either on a display or on a printout. HOS limits notification not required. “Unassigned driving time/miles” warning provided upon login. On-duty not driving, when CMV has not been in-motion for 5 consecutive minutes, and driver has not responded to an ELD prompt within 1 minute. No other non-driverinitiated status change is allowed. ELD time must be synchronized to Universal Coordinated Time (UTC); absolute deviation must not exceed 10 minutes at any point in time. Two Options: 1 - “Telematics”: As a minimum, the ELD must transfer data via both wireless Web services and wireless e-mail 2 - “Local Transfer”: As a minimum, the ELD must transfer data via both USB 2. 0 and Bluetooth Both types of ELDs must be capable of displaying a standardized ELD data set to authorized safety officials via display or printout. Resistance to Tampering Identification of Sensor Failures and Edited Data AOBRD and support systems must be, to the An ELD must not permit alteration or erasure of the original information collected maximum extent practical, tamperproof. concerning the driver’s ELD records or alteration of the source data streams used to provide that information. ELD must support data integrity check functions. Must identify sensor failures and edited An ELD must have the capability to monitor its compliance (engine connectivity, timing, data. positioning, etc. ) for detectable malfunctions and data inconsistencies. An ELD must record these occurrences. Federal Motor Carrier Safety Administration 31

Harassment and ELDs Federal Motor Carrier Safety Administration 32

Harassment and ELDs Federal Motor Carrier Safety Administration 32

§ 390. 36 Harassment of drivers prohibited. ● To harass or harassment means an

§ 390. 36 Harassment of drivers prohibited. ● To harass or harassment means an action by a motor carrier toward a driver employed by the motor carrier involving the use of information available to the motor carrier through an ELD, or through other technology used in combination, that the motor carrier knew, or should have known, would result in the driver violating the HOS regulations. * A carrier who harasses a driver may receive a penalty for harassment in addition to the HOS violation * Federal Motor Carrier Safety Administration 33

Harassment: Technical Changes ● Mute function ensures a driver is not interrupted in the

Harassment: Technical Changes ● Mute function ensures a driver is not interrupted in the sleeper berth ● Anti-tampering provisions: ● Limited ability to edit ELD records for both drivers and motor carriers ● Required driver approval when a carrier edits an ELD record ● Preservation of original ELD records, even when edited Federal Motor Carrier Safety Administration 34

Coercion Federal Motor Carrier Safety Administration 35

Coercion Federal Motor Carrier Safety Administration 35

§ 390. 6 Coercion prohibited A motor carrier, shipper, receiver, or transportation intermediary, including

§ 390. 6 Coercion prohibited A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of FMCSRs, FMCCRs and/or HMRs. Policy Effective January 29, 2016 Federal Motor Carrier Safety Administration 36

§ 390. 5 – Definition of Coercion prohibited Coerce or Coercion means either— A

§ 390. 5 – Definition of Coercion prohibited Coerce or Coercion means either— A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require him or her to violate one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 171– 173, 177– 180, 380– 383, or 390– 399, or §§ 385. 415 or 385. 421, or the actual withholding of business, employment, or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for having refused to engage in such operation of a commercial motor vehicle. Federal Motor Carrier Safety Administration 37

Driver Complaint Procedures ● No later than 90 days after the event ● Use

Driver Complaint Procedures ● No later than 90 days after the event ● Use the National Consumer Complaint Database (http: //nccdb. fmcsa. dot/gov) or ● With the FMCSA Division Administrator for the State where the driver is employed (http: //www. fmcsa. dot. gov/mission/field-offices) or ● Written Complaint Helpline: 800 -DOT-SAFT (800 -368 -7238) Federal Motor Carrier Safety Administration 38

§ 386. 12(b) and (c) Filing a Harassment or Coercion complaint Must file a

§ 386. 12(b) and (c) Filing a Harassment or Coercion complaint Must file a written complaint with FMCSA no later than 90 days after the harassment or coercion incident / event. The complaint must contain the following: • The driver’s name, address, and telephone number; • The name and address of the person alleging the harassing or coercing the driver; • Date(s) of incident(s) • A concise and complete statement of the facts relied upon to substantiate each allegation of coercion or harassment. • Regulations the driver alleged he or she was coerced to violate Or • How the ELD or other technology used in combination was used to contribute to harassment; Note- A coercion complaint may also be a harassment complaint Federal Motor Carrier Safety Administration 39

§ 386. 12(b)(3) and (c)(3) Protection of Complainants Because prosecution will or may require

§ 386. 12(b)(3) and (c)(3) Protection of Complainants Because prosecution will or may require disclosure of the driver’s identity, the Agency shall take every practical means within its authority to ensure that the driver is not subject to coercion, harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of the disclosure. Also includes employee protections and retaliation for filing a complaint under OSHA Whistleblower Protection Program (29 CFR Part 1978). Federal Motor Carrier Safety Administration 40