ELD Mandate Enforcement is Getting Very Real April 1st

Since the Electronic Logging Device (ELD) mandate came into effect in December 2015, law enforcement agencies have taken a soft-enforcement stance. Non-compliant drivers haven’t had their vehicles placed out of service or been subject to a 395.22 violation. However, as the first compliance deadline passed in December 2017, all of that is about to change with full enforcement of the ELD rule which will begin April 1, 2018. This means law enforcement will begin assigning CSA points and issuing out-of-service citations. Drivers with grandfathered, automatic on-board recording devices (AOBRDs) have until December 16, 2019 to upgrade to meet the new ELD requirement.

What the April 1^st Enforcement Means for You

Once full enforcement of the ELD rule begins on April 1, as a driver, you can be placed out of service during a road-check inspection if you are:

• Using an unauthorized logging device that isn’t registered with the Federal Motor Carrier Safety Administration;
• Can’t produce or transfer data electronically from your ELD or produce it via its display or print it out;
• Have an AOBRD and can’t display or produce duty status records;
• Provide a false log by falsely indicating a special driving category; and/or
• Are required to have an ELD, but the vehicle is not equipped with one or a grandfathered AOBRD.

If you are cited, the carrier or yourself (if independent), will be required to file a DataQs with copies of all supporting documents, including valid hours of service (HOS) records.

It’s important to know there are still some exemptions for ELDs. If you are a driver and have been exempted, make sure to always have a copy of that exemption in your vehicle.

Understanding Grandfathered AOBRD

Certified AOBRDs can be used through December 16, 2019. But because the ELD mandate is still new, there may be some confusion, even among inspectors. If you have a grandfathered AOBRD, you could find yourself in a sticky situation during an inspection even before your extension expires. To help avoid citations with points or an out-of-service order, do all you can to assist inspectors in determining what type of device you have. To remain compliant until December 16, 2019 and avoid legal issues, you must keep the following in your cab, which can also be in electronic form:

• Device cab card and user manual;
• Instruction sheet that explains how to produce and transfer data;
• Instruction sheet for reporting malfunctions and how to keep records during malfunctions; and,
• At least an eight-day supply of blank records of duty status for recording hours.

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