USDOTs Electronic Logging Device ELD Rule and the

USDOT’s Electronic Logging Device (ELD) Rule and the Implementation Plan April 2017 Timothy Grimley Federal Motor Carrier Safety Administration

Purpose Provide an overview of the Electronic Logging Device (ELD) Rule and FMCSA’s plan for its phased implementation ● Major components of the ELD Rule ● ELD Implementation Phases ● ELD Specifications ● Myths and Industry Concerns Federal Motor Carrier Safety Administration 2

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 Federal Motor Carrier Safety Administration 3

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 ● 100 air-mile radius drivers may continue to use timecards, as allowed by § 395. 1(e)(1) ● 150 air-mile radius non-CDL freight drivers may continue to use timecards, as allowed by § 395. 1(e)(2) ● Using paper RODS for not more than 8 days during any 30 -day period ● 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 Motor Carrier Safety Administration 6

Important Dates ● Registration and voluntary use of ELDs has begun (Started 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 7

Automatic On-Board Recording Device (AOBRD) and Device with Logging Software and Applications ● AOBRD (49 CFR § 395. 2) ● Integrally Synchronized (Connects to Truck) ● Automatically records drivers driving status ● Acceptable until December 16, 2019 ● Device with Logging Software and Application ● Not Integrally Synchronized (No Connection to Truck) ● Manually input driving duty status or use GPS/Cell location only ● Not Acceptable after December 18, 2017 Federal Motor Carrier Safety Administration 8

Phase 1: Awareness and Transition ● System providers register and certify their ELDs – the process is outlined on FMCSA’s website ● Motor Carriers can choose to voluntarily use ELDs, AOBRDs, Devices with Logging Software Programs, or paper logs to record duty status ● 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 (ELD) Definition and Specifications Federal Motor Carrier Safety Administration 10

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 technical specifications of the ELD rule ● Is integrally synchronized with the engine of the commercial motor vehicle (CMV) Federal Motor Carrier Safety Administration 11

ELD Minimum Technical Standards ● Generally based on performance – maximize flexibility, minimize cost ● Standard outputs for a consistent enforcement ● Include minimum output requirements for electronically transferred, displayed, and printed ELD information and output ● Appendix A to Subpart B of Part 395 Federal Motor Carrier Safety Administration 12

Engine Synchronization ● Integral synchronization to the engine 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 13

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 14

ELD Event Data Recordings ● Engine power up and shut down ● Driver login/logout ● Duty status changes ● Personal use or yard moves ● Certification of driver’s daily record ● 60 -minute intervals when the vehicle is in motion ● Malfunction of diagnostic events Federal Motor Carrier Safety Administration 15

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 Federal Motor Carrier Safety Administration 16

Manual Inputs ● Motor carriers – User account setup ● Drivers ● Support personnel (mechanics, dispatch, 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 17

Data Diagnostics and Malfunctions ● ELD identifies data diagnostics and malfunctions with status as either “detected” or “cleared” for: ● Power ● Engine Synchronization ● Timing ● Positioning ● Data Recording ● Data Transfer ● Unidentified Driver Records Federal Motor Carrier Safety Administration 18

ELD Myth’s and FAQs ● Myth – “ELDs will give the government 24 -7 instant access to all our equipment and will instantly notify the government where our drivers are at all times and tell them about all violations in real time” ● Fact – ELD data is not sent to DOT in real time. It is only requested during a roadside inspection (in that case, only for the specific driver and prior 7 days) or during an FMCSA compliance investigation. Federal Motor Carrier Safety Administration 19

Air Versus Bus/Trucking Oversight AIR ANNUAL TRIPS COMPANIES PILOTS/DRIVERS STAFF BUS/TRUCKING 650 million 750 million 6, 900 525, 000 total (truck and bus) 618, 000 3. 5 million (total) 4, 000 Inspectors 321 Investigators 131 Inspectors 43 Auditors Total = 495

ELD Myth’s and FAQs ● Myth – “FMCSA is not certifying vendors. There’s no way I will be able to buy a device in time to comply. ” ● Fact – FMCSA currently has 34 certified ELD devices on our website. Many legacy AOBRD providers are awaiting FMCSA to release EROD software before certifying their devices. Many AOBRD providers are advising their devices can be turned into ELD’s with a simple over the air update. Regardless of an update, AOBRD’s installed now will be grandfathered in as compliant until 12/16/2019. Federal Motor Carrier Safety Administration 21

ELD Myth’s and FAQs ● Myth – “ELD’s are way too expensive. The cost of implementing them will drive me out of business” ● Fact –FMCSA did a cost benefit analysis and found that “For carriers that already comply with existing hours of service limits”, the cost of installation of ELD’s will be offset by money saved through productivity gains from drivers having to fill out less paperwork, and less time spent by the carrier’s office staff collecting, verifying, and storing paper logs. Many new devices can be installed in minutes versus older electronic log technology and work with existing tablets and smartphones. ELD’s offer other “telematics”, like intelligent dispatch, that can save even more money. Federal Motor Carrier Safety Administration 22

How Mobile ELD’s Work Cellular 23

ELD Myth’s and FAQs ● Myth – The ELD rule will never actually go into effect. FMCSA has tried this before and it’s always overturned. All I have to do is wait this out. ● Fact –While there is always a chance a new rule can be delayed for various reasons, the ELD rule was mandated by congress and was not an internal rulemaking the agency just decided to implement on its own. Previous attempts at ELOG regulations had been overturned by court rulings, but all court rulings to date have upheld the new ELD rule. At this point, it would take an act of congress or a ruling by the supreme court to overturn the ELD rule. Industry needs to prepare now and should not hold out on hopes ELD’s will not be required. Federal Motor Carrier Safety Administration 24

ELD Myth’s and FAQs ● What do I do about shippers that take forever and then kick my driver out when they are out of hours? ● The harassment rules prevent anyone, including shippers, from forcing drivers to violate hours of service rules. For many years, the trucking industry has absorbed the costs of shipping inefficiencies by concealing this time as “off duty” on paper logs. ELD’s will level the playing field and make it difficult for all trucking companies across the board to absorb these lost hours, which will put pressure on shippers to become more efficient or pay higher costs associated with delays and detention time. Federal Motor Carrier Safety Administration 25

Summary ELD Rule and FMCSA’s plan for phased implementation ● Major components of the ELD Rule ● ELD Implementation Phases ● ELDs versus other technology ● Addressed most frequent concerns about ELDs heard from industry Federal Motor Carrier Safety Administration 26

Resources Website: www. fmcsa. dot. gov/elds Public email address: ELD@dot. gov Federal Motor Carrier Safety Administration 27

Contact Information Email: eld@dot. gov Phone: 1 -800 -832 -5660 Federal Motor Carrier Safety Administration 28