April 2017 Timothy Grimley - Safety Investigator Federal Motor Carrier Safety Administration
Agenda Provide an overview of the Electronic Logging Device (ELD) Rule and FMCSA s plan for its phased implementation Major components of the ELD Rule and Implementation Phases ELD Specifications Supporting documents requirements ELD Benefits & Myths Monitoring an AOBRD/ELD system Harassment Prohibition Federal Motor Carrier Safety Administration 2
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 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 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
Awareness and Transition Phase February 16, 2016 December 18, 2017 Federal Motor Carrier Safety Administration 6
Today is April 10, 2017 Electronic Log Use Required After December 18, 2017 Only 252 days left Federal Motor Carrier Safety Administration 7
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 8
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 9
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 10
Definition and Specifications Federal Motor Carrier Safety Administration 11
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 12
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 13
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 14
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 15
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 16
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 17
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 18
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 19
ELD Record of Duty Status Federal Motor Carrier Safety Administration 20
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 21
24-hour Duty Status Grid Federal Motor Carrier Safety Administration 22
ELD Information Daily Header Record Date USDOT # Driver License Number Driver License State ELD ID Trailer ID 20-Nov-14 123456789 D000368210361 IL 987654 Unit # Time Zone Driver Name Co-Driver Name ELD Manufacturer Shipping ID Data Diagnostic Indicators CST Smith, Richard Acme ELDs BL1234567890 No 24 Period Starting Time Driver ID Co-Driver ID Truck Tractor ID Unidentified Driver Records ELD Malfunction Indicators Midnight 1234567 Unit # No No Carrier Start End Odometer Miles Today Truck Tractor VIN Exempt Driver Status Start End Engine Hours Acme Trucking 39564-39984 420 1M2P267Y5AM022445 No 758.2-765.7 Current Location File Comment Print/Display Date 6 mi. NE North Auburn, CA 20-Nov-14 Federal Motor Carrier Safety Administration 23
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 Examination of unassigned miles Federal Motor Carrier Safety Administration 24
Supporting Documents: Number Retain maximum of 8 documents per 24-hour duty day If more than 8 documents are submitted per day, must retain earliest and latest time indications among the 8 supporting documents If fewer than 8 documents are submitted per day, a document that contains all of the elements except time is still considered a supporting document and must be retained If a driver does not use an ELD (paper RODS), all toll records must be retained Toll receipts do not count toward the 8-document cap Federal Motor Carrier Safety Administration 25
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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 27
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 28
ELD Benefits Transparency- near real time ability to assess hours of service status of drivers, including available hours (productivity improves) Less time manually recording HOS status- ELDs automate much of the task Less paperwork management- manual auditing, filing, retrieval, etc. Roadside inspections take less time- ELD facilitates rapid check of driver HOS compliance Federal Motor Carrier Safety Administration 29
ELD Benefits Cont. ELDs integrated into a Fleet Management System improve operational efficiencies (dispatching, fuel use, IFTA tracking, driving behavior monitoring- hard braking, unsafe lane changes/turning, speeding). Motor carriers tell us all the time- If we d known the impacts on fuel efficiency, driver productivity, and driver behavior monitoring, we d have done this a long time ago. ELDs reduce simple form and manner violations that are the most common roadside violation cites- resulting in lower CSA scores Less risk of HOS violation penalties, out of service drivers, and reduced liability from drivers operating in violation ELDs alert drivers BEFORE an HOS violation occurs; less legal/liability risk, reduced risk of fatigue related crashes. Drivers using ELDs have an 11.7% reduction in crashes, and a 53% reduction in HOS violations. A single HOS violation can result in a penalty from FMCSA ranging from $1000 - $10,000 per instance. Federal Motor Carrier Safety Administration 30
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 31
Air Versus Bus/Trucking Oversight AIR BUS/TRUCKING ANNUAL TRIPS 650 million 750 million COMPANIES 6,900 525,000 total (truck and bus) PILOTS/DRIVERS 618,000 3.5 million (total) STAFF 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 33
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 34
How Mobile ELD s Work Cellular 35
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 36
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 37
Managing an ELD System Unassigned Miles - audit and accurately assign miles, determine why and fix going forward Driver tampering: examine diagnostics reports for system disconnects. Some drivers deliberately disconnecting devices to conceal over HOS, revert to paper log Off duty period skips - solo driver logging off duty in Boise, ID, and returns to duty in Lansing, MI Drivers using multiple login IDs virtual ghost driver. Federal Motor Carrier Safety Administration 38
Managing an ELD System- Cont. Personal Conveyance- abuse of the PC provision. See Q&A Interpretation Modifications after the fact- dispatchers given edit rights, changing on-duty not driving to off duty Creeping - frequent logout/login in slow traffic, apparently to stretch 14/70 hour Skip function- allows driver to override automatic duty status change Carefully monitor that drivers are accurately recording on-duty status- recent false log enforcement action Federal Motor Carrier Safety Administration 39
Recommendations Establish, prioritize and properly staff a PROACTIVE monitoring and validation program. Have a disciplinary policy to deal with tampering, unauthorized edits, unsafe driving behaviors, other abuse. Engage with vendor for training, use of reporting & management systems, customization, etc.- know that you are working with a quality partner. Strictly limit access rights to edit back office ELD data, have a policy in place on when to edit, and when NOT to edit. Federal Motor Carrier Safety Administration 40
Recommendations, Cont. Periodically conduct internal audits of logins- clean up old/unused logins for drivers, office staff. Tampering with an ELD to conceal HOS violations is an Acute violation- will result in adverse impacts to Rating and FMCSA policy requires enforcement action in most instances. Use system diagnostics and disconnect reports to monitor and deal with tampering. Reach out to local associations: lessons learned, best practices, keep up to date on the latest developments. Federal Motor Carrier Safety Administration 41
Summary Dates: February 16, 2016 through December 18, 2017 Drivers can choose to present their HOS at roadside by the ELD display screen or printout Current supporting documents and record retention requirements will remain in place until December 18, 2017 Drivers can file a harassment complaint involves an ELD ELDs reduce paperwork, lower HOS violations and crashes, increase operational efficiency, and let safety and operations people sleep better at night. Federal Motor Carrier Safety Administration 42
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Resources Website: www.fmcsa.dot.gov/elds FAQs: https://www.fmcsa.dot.gov/hours-service/elds/faqs Registered ELDs: https://3pdp.fmcsa.dot.gov/eld/eldlist.aspx Public email address: ELD@dot.gov Federal Motor Carrier Safety Administration 44
Contact Information Timothy Grimley Tim.Grimley@dot.gov 716-551-4701 x 226 Federal Motor Carrier Safety Administration 45