The Federal Motor Carrier Safety Administration (FMCSA) this week announced a proposal to require interstate commercial truck and bus companies to use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work. The proposed rule would establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. This rulemaking supplements the Agency’s Feb. 1, 2011, Notice of Proposed Rulemaking (NPRM) and addresses issues raised by the Federal Court of Appeals in its 2011 decision vacating the Agency’s April 5, 2010, final rule concerning ELDs. MAP-21 directed FMCSA to finalize a rule on ELDs.
Some of the proposals details are:
- Four options for consideration on who would be subject to the mandate. All four represent a universal mandate with exceptions in two of the options for operations that do not have to maintain logbooks currently;
- Spells out technical specifications for ELD;
- An ELD would track latitude and longitude, log engine hours and odometer readings. It would record location every 60 minutes and report whether the engine is on or off. This could be accomplished through satellite or land-based tracking. GPS could be used but would not be mandated.
- An ELD must be able to store original records in addition to any edits made to correct errors or inaccuracies. Drive time may not be changed or altered, according to the language.
- A driver would not be allowed to interact with the device when the truck is in motion.
- For identification and for multiple drivers that use the same vehicle, an ELD would have a log-in requirement to prevent tampering or manipulation.
- Information stored in the devices could be transferred via printouts or Bluetooth for inspections and record retention.