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John Seidl has over 20 years of experience specializing in FMSCA regulation and is the authority on their effect to both shippers and carriers. As a member of the ELD National Implementation Team, John identified subject matter experts who then were selected to write the ELD rule. For over a decade John was a Wisconsin State Patrol Inspector conducting roadside inspections before he was hired by the FMCSA as a motor carrier investigator. John conducted over 350 roadside inspections over a 10-year span all of which pertained to ELDs and was awarded the 2011 and 2012 FMCSA Investigator of the year for those efforts. Today, John works for Integrated Risk Solutions, providing guidance to reduce liability regarding federal transportation regulations. 2
ELD Discussion AOBRD / ELD History ELD Rule Dates (Who is Subject) What are the biggest challenges in implementing an ELD program? How do you successfully implement an ELD program? What 5 policies have proven to be effective in ELD implementation? How do you select the right device for your needs? 3
History of ELD Rulemaking 1988 2007 2010 2011 2012 2012 2014 2014 2014 2015 SNPRM for ELD Listening Sessions Propose d Rule for ELDs Comment period to May 2014 Comment period extended to June 2014 ELD Mandate 4
Who is subject Device Adoption Deadline Date: Must use compliant ELDs by December 2017, unless they are currently using automatic ti on-board recording devices (AOBRD) (see 49 CFR 395.15) that are grandfathered. Grandfathering of Existing Equipment: AOBRDs can continue to be used until December 2019, two years after the final deadline for adoption of ELDs. If these devices can be modified to meet the ELD specifications (e.g., with a software upgrade) they may continue to be used after December 2019. 5
EXCEPTIONS Short Haul 100 or 150 Air Mile Exemption NOT MORE THAN 8 DAYS DURING ANY 30 DAY PERIOD Driveaway - Towaway 6 Before 2000 (Engine)
How ELDs Work (Dedicated ELD or BYOD) OR 7
Biggest Challenges / How to Implement Roadside Inspection (Top 5 Issues) 1. Visibility at Roadside 2. ELD Malfunctions and Data Diagnostic Events 3. Personal Conveyance / Yard Moves 4. Form and Manner 5. Instruction Card / Supply of Blank RODS 8
Roadside Visibility How Does The Roadside Inspector Check The Logs? Must provide a Roadside Inspector: o Graph-grid display OR o Hardcopy paper printout. 9
Roadside Visibility - Data Transfer How Does The Roadside Inspector Check The Logs? Must provide for electronic transfer of data First option is a telematics type ELD. Electronically transfer data to an authorized safety official on demand via wireless Web services and email. Second option is a local transfer method-type type ELD. Electronically transfer data to an authorized safety official on demand via USB2.0 and Bluetooth. 10
ELD Malfunctions vs. Data Diagnostic Events What Do You Do If The ELD Malfunctions? Driver must immediately complete a paper log Driver must provide logs for each of the past 7 days: o Re-construct logs immediately OR o Possess the logs OR o Access from the ELD ELDs must be repaired within 8 days or be granted an FMCSA extension. Data Diagnostic Events need correction but do not rise to ELD Malfunctions 11
Personal Conveyance and Yard Moves FMCSA Response From The Final Rule? The Agency is aware that there are concerns about personal conveyance and yard moves, as some commenters would like clear-cut limits on the mileage or time thresholds for CMV usage acceptable under personal conveyance and yard moves. However, the Agency does not think it is appropriate to include these definitions in the ELD rulemaking, as both clearly fall under the HOS rules and are applicable to a wide variety of CMV operations, not just those using ELDs. Thus, the Agency declines to address these matters at this time. Require automated entry at beginning and end of personal use and yard moves. 12
Personal Conveyance 49 CFR 395.8 QUESTION 26? Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded? Guidance: a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver s home to his/her terminal (normal work reporting location), or from a driver s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver s home, from the driver s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be onduty from the time the driver leaves home. A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest. 13
Yard Moves 49 CFR 390.5 Definitions Highway means any road, street, or way, whether on public or private property, open to public travel. Open to public travel means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates. 14
ELD - Form and Manner 15
ELD/AOBRD Roadsides CSA! Instruction Card and Blank Logs 16
Biggest Challenges / How to Implement Fmcsa intervention (top 5 issues) 1. Unidentified Driver 2. Back Office Log Auditing (Form/Manner, Supporting Docs) 3. Vehicle Motion 4. Messaging / Communication 5. Log Editing 17
18 Unidentified Driver
Unidentified Driver - 16 Hour Exemption 518 Miles 19
Confirmed Logs and ELD Malfunctions and Data Diagnostic Events 20
Form and Manner 21
Supporting Documents What is a supporting document? Must contain the following content: driver identification, date, vehicle location, and time For Example: Bills of lading, itineraries, schedules or equivalent documents indicating the origin and destination of a trip. Payroll records, settlement sheets, or other documents reflecting driver payments. Dispatch records, trip records, or equivalent documents Expense receipts related to on-duty not driving time 22
Vehicle Motion FMCSA has established this requirement to determine the initiation of vehicle motion, which is at a very low speed of no greater than 5 miles per hour. Any additional threshold that captures vehicle motion before the speed threshold required by the rule is met is acceptable. 23
Messaging For Example: Text messages, email messages, instant messages, or other electronic mobile communications transmitted through a fleet management system 49 CFR 395.2 - Question 30: If a driver is required repeatedly to respond to satellite or similar communications received during his or her sleeper berth period, or 30 minute break period, does this activity affect a driver s duty status? Guidance: Yes. The driver cannot be required to do any work for the motor carrier during sleeper berth time, or 30 minute break period. A driver who is required to access a communications system for the purpose of read-ing messages for the carrier, responding to certain messages (either verbally or by typing a message), or otherwise acknowledging them, is performing work. For the purpose p of this guidance, repeatedly means a pattern or series of interruptions that prevent a driver from obtaining restorative sleep during the sleeper berth period or required 30 minute break period. 24
Driver Edits How Are Edits Handled? Limited edits of an ELD record by both the driver and the motor carrier s agents Original record will be retained Driver must confirm them and certify and submit the updated Logs Annotated to document the reason for the change. 25
CVSA Out of Service Criteria - Beginning 4-1-2018 Driver or carrier using ELD not authorized by FMCSA the driver and carrier are considered to have no record of duty status Driver is unable to produce or transfer data from ELD the driver has no record of duty status. Driver using special driving category but not involved in that activity the ELD is false. Driver failing to reconstruct logs for a malfunctioning ELD for current day and previous 7 days then no record of duty status. t 26 26
CVSA Out of Service Criteria - Beginning 4-1-2018 Carrier failing to repair ELD within 8 days or obtain extension from FMCSA then no record of duty status. Driver fails to log into ELD then no record of duty status. Driver required to have an ELD but vehicle is not equipped with ELD then no record of duty status. Having a false ELD or no record of duty status driver will be out of service for 10 consecutive hours. 27 27
Policies to Implement Personal Conveyance All 3 Elements Must Be Met Forced to Leave Coercion Rule Yard Miles Operation on a Non-Highway Messaging While Off Duty/Sleeper Repeated Messages Driving While Off Duty/Sleeper Vehicle Motion Setting Discipline Policy Include ELD Issues 28 28
COERCION RULE! Coerce or Coercion A threat by a motor carrier, shipper, receiver, or transportation intermediary. Withhold, take 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 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. One or More of the Regualtions: 49 CFR parts 171 173, 177 180, 380 383, or 390 399, or 385.415 or 385.421 and 49 CFR parts 356, 360, or 365 379. 29
COERCION RULE! Receiver or consignee means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate t t commerce. Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce. Transportation intermediary means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders. 30
COERCION RULE! Coercion prohibited. A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, ti may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation. Complaint process A driver who believes he or she was coerced to violate a regulation described in paragraph may file a written complaint under 386.12(e) of this subchapter. 31
COERCION RULE! may commit coercion if it fails to heed a driver s objection that the request would require him/her to break the rules Motor carriers, shippers, receivers, and transportation intermediaries cannot commit coercion under the final rule unless and until they have been put on notice by the driver that he or she cannot meet the proposed delivery schedule without violating the HOS limits or other regulatory requirements. 32
Selecting a Device 33 33
Selecting a Device 34 34
Selecting a Device 35
Selecting a Device 36 National Training Center 36
Selecting a Device 37 National Training Center 37
ELD Maintenance Challenges 38
ELD Maintenance Challenges 39
ELD Maintenance Challenges 40
Additional Value Adds 41
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