Webinar - Implementing ELDs The Law, The Rules And The Practical Implementation Issues & Considerations

Webinar - Implementing ELDs The Law, The Rules And The Practical Implementation Issues & Considerations Dave Osiecki, President dosiecki@scopelitisconsulting.com 202 728 2851

Implementing ELDs Today s Outline Purpose of the Presentation The Law, the Rules and Deadlines Practical Implementation Issues & Considerations The OOIDA Lawsuit Q & A 2

Implementing ELDs Purpose of the Presentation The Law, the Rules and Deadlines Practical Implementation Issues & Considerations Q & A 3

Implementing ELDs Purpose of the Presentation ELDs are now the law of the land Implementing rules were upheld by the Courts (Oct 2016) Rules must be well known and followed by fleets & drivers Most drivers will be affected, and the technology is here to stay There are practical and operational considerations that can be anticipated; addressing these will lead to successful ELD implementation and keep your business productive and in compliance 4

Implementing ELDs Purpose of the Presentation The Law, the Rules and Deadlines Practical Implementation Issues & Considerations Q & A 5

ELD Glossary of Terms AOBRD Automatic Onboard Recording Device CMV Commercial Motor Vehicle DOT U.S. Department of Transportation ELD Electronic Logging Device EOBR Electronic Onboard Recorder FMCSA Federal Motor Carrier Safety Administration 6

ELD Glossary of Terms HOS Hours of Service Rules MAP-21 Moving Ahead for Progress in the 21 st Century Act NPRM Notice of Proposed Rulemaking RODS Record of Duty Status 7

ELDs The Law Congress mandated ELDs in 2012 -- MAP-21 MAP-21 required the DOT Secretary to: adopt regulations requiring that CMVs involved in interstate commerce operated by drivers who are required to keep RODS, be equipped with ELDs; Ensure that an ELD is not used to harass a vehicle operator; and, Consider how the need for supporting documents might be reduced without diminishing HOS enforcement Congress did not require all CMV drivers to use ELDs. 8

ELDs The Rules General Info Published in final form in December 2015 ; effective in Feb 2016; compliance date is December 2017 In broad strokes, the rules: Mandate ELDs for most drivers currently using RODS; Clarify supporting document requirements and retention Adopt procedural and technical provisions aimed at ensuring ELDs are not used to harass drivers Require new technical specifications for ELDs 9

ELDs The Rules Compliance Dates ELD compliance date is December 18, 2017 industry is in middle of 2 year adoption window Only registered and certified ELDs may be used Rule provides Grandfather provision for AOBRDs. Fleets using ELD-like devices meeting current standards (49 CFR 395.15) may continue using them until December 2019 If AOBRDs can be modified to meet the ELD specs (e.g., software upgrade), they can be used after December 2019 10

ELD Rule Published ELD Rule Partial Compliance Date ELD Full Compliance December 2015 February 2016 December 2017 Dec 2017 To Dec 2019 December 2019 ELD Rule Effective Date AOBRD Grandfather Period 11

ELDs The Rules - Applicability Mandate ELDs for most drivers using RODS Limited Exceptions: Short haul drivers using timecard exception, and not using RODS for more than 8 days during any 30 day period Drivers conducting driveaway-towaway operations where vehicle being driven is the commodity being delivered paper RODS still required Drivers of CMVs manufactured before model year 2000 paper RODS still required 12

ELDs The Rules Supporting Documents #1 Include new document retention requirements to verify onduty, not driving time. Fleets must retain up to 8 supporting documents from the following categories: Bills of lading, itineraries, schedules or equiv docs indicating origin and destination Dispatch or trip records Expense receipts related to on-duty, not driving time Text, email or instant messages, or other electronic communications through a Fleet Management System Payroll records, settlement sheets or equiv docs Docs must contain driver identification, date, location and time 13

ELDs The Rules Supporting Documents #2 IF fleet has more than 8 documents containing data elements, it must retain supporting documents nearest the beginning and the end of a driver s shift Drivers must submit such docs within 13 days of receipt AND must provide those in possession to roadside officers upon request Fleets must maintain them in a way that allows them to be matched to a driver s ELD record 14

ELDs The Rules Prohibit Harassment Carriers prohibited from using ELD information to pressure drivers into violating HOS rules, or from operating while ill or fatigued (49 CFR 392.3) Rules provide a process for drivers to use to file harassment complaints related to ELDs Rules require ELDs to either automatically mute, or allow a driver to turn off the volume when they have logged into sleeper berth status 15

ELDs The Rules Technical Specs #1 Must automatically record all driving time, and Must intermittently record the following data: Date Time Location (1 mile or 10 miles depending on duty status) Engine hours Vehicle miles Identification info for driver, vehicle and carrier 16

ELDs The Rules Technical Specs #2 When is intermittently record? Login and logout Engine power up and down Every 60 minutes during driving time When driver makes a change of duty status or a change to a special driving category ELDs must be capable of exporting data in a standard file format to facilitate importing by other systems. But, other devices and systems are not required to be capable of importing the records 17

ELDs The Rules Technical Specs #3 ELDs must transfer data electronically to roadside officials via either: Telematics option wireless web services or email, OR Local option USB 2.0 or Bluetooth In all cases, drivers must be able to show roadside officer a graph-grid of HOS compliance, either on the ELDs screen display, OR On a paper printout 18

Methods to transmit data Telematics Transfer Method Web Services Email Or Local Transfer Method Bluetooth Web service local network USB 2.0 Roadside enforcement official will select method Enforcement must be capable of one from each 19

ELDs The Rules Technical Specs #4 ELDs are not required to: Track a driver or CMV in real time Include communications capability between driver and carrier Include an integrated printer 20

ELDs Other Relevant Rules & Rule-related Information #1 Special driving categories Personal conveyance/use defined as off-duty time; 10 mile GPS location allowance Yard moves defined as on-duty, not driving time ELD accounts & unique IDs Driver certification of daily ELD record Driver review of unassigned driving time Editing ELD Records Drivers must be capable of editing Carrier staff may recommend edits but driver must agree 21

FMCSA s Frequently Asked Questions - Editing and Annotations section 4. Who can edit an electronic logging device (ELD) record? Both the driver and the authorized carrier staff can make limited edits to an ELD record to correct mistakes or add missing information. All edits must include a note (annotation) to explain the reason for the edit. In addition, the driver must confirm (certify) that any carrier edit is accurate, and resubmit the records. If the driver chooses not to recertify RODs, this is also reflected in the ELD record. 22

ELDs Other Relevant Rules & Rule-related Information #2 ELD malfunctions must be fixed within 8 days Maintenance & calibration requirements ELD record retention backup and security requirements Driver access to ELD record In-truck requirements User s manual for driver Instruction sheet for data transfer Instruction sheet for driver during malfunctions Supply of blank paper logs 23

An Observation 24

The ELD Rules Are Driver-Centric Allow drivers to edit their ELD records and create annotations on all entries and suggested edits Drivers must approve all suggested edits from carrier staff Drivers must have direct access to ELD record Personal conveyance/use not all data is recorded and liberal 10 mile location accuracy on GPS Driver must be able to mute ELD while in sleeper berth Driver must review all unassigned vehicle moves (i.e., unassigned driving time) 25

AOBRDs v. ELDs Highlighting Some Differences Device Functionality AOBRDs ELDs Integral Synchronization With Vehicle Recording CMV Location Graph Grid Display HOS Advisory or Warning Messages Required but term is not defined in FMCSA rules Required at each change of duty status. Manual or automated Not required. Only time and sequence of duty status changes must be shown, including starting time of each day Not required or addressed Integral synchronization required. ELD must interface with CMV engine control module to automatically capture engine power status, vehicle motion, miles driven, engine hours. (CMVs older than MY 2000 exempted) Automated entry required at each change of duty status, at 60-minute intervals while CMV in motion, at engine on and off, and at beginning and end of personal use and yard moves Required. Must be able to show a graph grid of driver s day either on display or on a printout Not required. Unassigned driving time/miles warning must be provided upon login Default Duty Status Not required or addressed On-duty not driving status, when CMV has not been in-motion for 5 consecutive minutes, and driver has not responded to required ELD prompt within one minute. No other nondriver initiated status change is allowed. Communication/Data Transfer Methods to Law Enforcement Resistance to Tampering Sensor Failures and Edited Data Not addressed some interface between AOBRD support system and printer AOBRD and support systems must be tamperproof to maximum extent practical Must identify sensor failures and edited data Required. Two Options: 1. Telematics-must transfer data via both wireless web services and wireless email 2. Local Transfer-must transfer data via both USB 2.0 and Bluetooth Both types of ELDs must be capable of displaying standardized ELD data set to authorized safety officials via display or printout Must not permit alteration or erasure of original information collected concerning driver s record, or alteration of the source data streams used to provide that information. ELD must support data integrity check functions Must have capability to monitor its compliance (engine connectivity, timing, location, etc) for detectable malfunctions and data inconsistencies. ELD must record these occurrences. 26

AOBRDs v. ELDs Highlighting Some Differences Device Display AOBRDs ELDs Driver CDL Information Not required or addressed Must be displayed in header of daily ELD record CMV VIN Number Not required or addressed Must be displayed in header of daily ELD record Carrier DOT Number Not required or addressed Must be displayed in header of daily ELD record 27

AOBRDs v. ELDs Highlighting Some Differences Operational & Miscellaneous Issues AOBRDs ELDs Unassigned Driving Time Not required or addressed Must be captured and driver must approve or reject at time of login. If rejected, back office staff must reconcile and retain Special Driving Categories - Yard Moves Special Driving Categories Authorized Personal Use of CMV Not required or addressed by rule. Market has resulted in vendor inclusion in AOBRDs Not required or address by rule. Market has resulted in vendor inclusion in AOBRDs Defined under new special driving categories section. If used, must be selected and deselected manually by driver, and is captured as on-duty not driving while in private yard. No mileage or time limits prescribed. Carrier may elect not to use special category Defined under new special driving categories section. If used, must be selected and deselected manually by driver, is shown on graph grid as driving time but is, by definition, off duty time. Carrier may elect not to use special category Driver Edits Not required or addressed Editing function must be provided to driver for mistakes. All edits must also be annotated. Driving time may not be edited by driver. Office Support Staff Edits Not required or addressed Edits by office staff allowed. All edits must be annotated and all office staff edits are pending until accepted by driver. Driver Certification of Daily Record User Accounts Device Malfunctions Time Period to Repair or Replace Device Registration & Certification Not required or addressed Not required or addressed. Market has resulted in user IDs and passwords Not addressed Not addressed Required driver certification after the final required entry has been made or corrected for each 24-hour period. Unique username (and other required driver information) required for all authenticated drivers/users. Driver must notify company in writing within 24 hours of device malfunction. ELDs must be repaired or replaced by company within 8 days. Driver must revert to paper logs during ELD malfunction period. All ELDs must be registered with FMCSA, and self-certified by each vendor as compliant. Registered and certified ELDs are listed on FMCSA ELD website. Carriers may only select and use certified ELDs. 28

Implementing ELDs Purpose of the Presentation The Law, the Rules and Deadlines The Practical Implementation Issues & Considerations Q & A 29

ELDs Practical Implementation Issues Management Considerations Top management should establish and communicate a clear vision for the technology and its use Focus should be placed on technology benefits Improved compliance Improved safety Reduced paperwork Shorter inspections Time savings 30

ELDs Practical Implementation Issues Management Considerations Select the right certified ELD technology for your business Host of suppliers are now providing AOBRDs and ELDs Technology ranges from inexpensive ELD compliance-only devices to high end, sophisticated fleet management systems (telematics) with functionality beyond ELDs Carriers must select certified ELDs FMCSA-required ELD certification process is selfcertification Anyone can register and claim certification; 454 page FMCSA-issued test process for certification Do your homework; ask question of suppliers 31

ELDs Practical Implementation Issues Management Considerations FMCSA s Certified ELD website link https://3pdp.fmcsa.dot.gov/eld/eldlist.aspx 32

ELDs Practical Implementation Issues ELD Device or Vehicle Considerations 33

ELDs Practical Implementation Issues Management Considerations Management should make roles and responsibilities clear Who leads implementation team? Who is responsible for company policy development? Who is responsible for training and materials, follow up instructions, driver questions? Who reviews daily ELD records, suggests edits, violation summaries, etc? Who is responsible for ELD malfunctions, maintenance, calibration, etc.? 34

ELDs Practical Implementation Issues Management Considerations Management should decide whether to use small group of drivers to test ELDs first test group could identify early issues test group could make implementation easier for dispatchers and office staff test group could become ELD driver trainers and resource test group could be disciples 35

ELDs Practical Implementation Issues Driver Considerations Will my drivers need ELD training? Not required, BUT, new technology, regulatory responsibilities, company policies and expectations, etc. dictate it Training should be clear & deliberate. Some drivers are not computer savvy. Visual training aids usually work well. ELD supplier should have materials, but regs & company policies may need to be weaved into training materials Consider having computer setup and extra ELD unit(s) at terminal for training, practice, new driver orientation 36

ELDs Practical Implementation Issues Will my drivers need HOS training? Probably so and it s encouraged Training and confirmation of underlying HOS rules Driver Considerations 14 hour limit, 11 hour driving limit, rest break requirement and interval, 60 or 70 hour rules, 34 hour restart, sleeper berth split, adverse driving conditions exception, etc.) Will help avoid questions and problems during ELD implementation 37

ELDs Practical Implementation Issues Driver Considerations Will my driver managers, dispatchers and office personnel need ELD and HOS training? Yes! They are first line of help and support for drivers, and training for them is critical Some may have limited knowledge of the equipment and the HOS rules, so this training should be thorough Consider creating basic, quick reference HOS rule sheet 38

ELDs Practical Implementation Issues Driver Considerations Will my drivers still need to know how to complete paper logs? Yes. During ELD malfunctions, drivers must revert back to paper logbooks Consider either post implementation training, or detailed paper logbook instruction sheet for trucks 39

ELDs Practical Implementation Issues Driver Considerations What if some of my drivers will not accept ELDs? Consider incentives to encourage acceptance Consider extra step-by-step instruction sheets for struggling drivers Use other drivers to educate, encourage and evangelize the benefits of using ELDs 40

ELDs Practical Implementation Issues ELD Device or Vehicle Considerations Will ELDs need to be maintained and calibrated? Yes, in accordance with ELD supplier s specs (per the rules) Someone must have responsibility for knowing maintenance and calibration intervals Maintenance will reduce malfunction events and the cost/hassle of on-road ELD problems, and drivers reverting to paper logs for days at a time 41

ELDs Practical Implementation Issues ELD Device or Vehicle Considerations What if an ELD malfunctions? Events are relatively rare, but they happen Consider a Troubleshooting sheet for drivers; most malfunctions are basic wiring issues Driver must notify carrier in writing within 24 hours Carriers must repair within 8 days, or request waiver 42

ELDs Practical Implementation Issues ELD Device or Vehicle Considerations What if an ELD malfunctions? Company should have malfunction repair policy, and responsibility should be clear Consider having spare ELDs on hand Rules require drivers to revert to paper logs (reconstruct current day and past 7 days) when ELD malfunctions 43

ELDs Practical Implementation Issues ELD Device or Vehicle Considerations What if my driver gets inspected during an ELD malfunction? Drivers must provide the roadside officer with the manually prepared paper logs for the current day and the previous 7 days 44

ELDs Practical Implementation Issues ELD Device or Vehicle Considerations What if I need a rental truck? Rentals not exempt from ELDs Drivers operating rental trucks must have ELDs; system could be different Plan ahead, know what ELD plan rental provider will have (perhaps no ELDs?) Provider have step-by-step instructions? FYI - Ongoing effort in DC to address this issue and problems it will likely create 45

ELDs Practical Implementation Issues Operational or Office Considerations What if my drivers move trucks around the yard (i.e., yard moves?) Rule allows it and does not restrict length or time of use in yard moves; ELD records it as on-duty, not driving time Similar to personal use, driver must select, deselect yard move category on ELD, and must annotate record If non-drivers perform yard moves they should have ELD account and unique ID Do you need or want a policy? 46

ELDs Practical Implementation Issues Operational or Office Considerations Will ELDs eliminate all violations? No! Drivers will forget info, record duty status improperly, etc. Well trained office staff should be responsible for reviewing ELD records on a very regular basis for errors and violations Systems usually provide a violations summary report use it Does your coaching and/or disciplinary policy need to be more strict? 47

ELDs Practical Implementation Issues Operational or Office Considerations What about those pesky supporting documents my business generates and I must retain? FMCSA auditors will use them, and so should you Rule requires they be filed in manner allowing easy matching to driver s ELD record Well trained office staff should compare supporting documents with ELD records on a regular basis for violations Beyond using required supporting documents, consider auditing for random testing, roadside inspections, incidents or accidents 48

ELDs Practical Implementation Issues Operational or Office Considerations What if my drivers forget to login or logout? This will happen regularly, and likely be a constant It could easily result in a violation Conscientious, well trained office staff will need to correct these omissions, and propose edits to driver for acceptance ELD record is a federally-required document, and must be true and accurate 49

ELDs Practical Implementation Issues Operational or Office Considerations What if my drivers forget to record training sessions or other company time as on-duty, not driving? Again, office staff will need to correct these omissions, and propose edits to driver for acceptance on next login 50

ELDs Practical Implementation Issues Operational or Office Considerations What filing systems do I need for my ELD records? Carriers must retain ELD records for 6 months Longer retention period may be needed/desirable for non-dot purposes (IFTA data/audits, rest break documentation, etc) Carriers must also retain for 6 months a backup copy of the ELD records on a device separate from that on which original data are stored 51

ELDs Practical Implementation Issues Operational or Office Considerations How can I plan for & minimize disruption & loss of productivity? Implement the Four T approach Transition time Training (and not just drivers) Time management Teamwork (internal & external) 52

ELDs Is The OOIDA Lawsuit Over? Decision on October 31, 2016 OOIDA sued USDOT & FMCSA; OOIDA made 5 arguments On Oct 31, U.S. Court of Appeals for the Seventh Circuit said, They argue that the agency s final rule should be vacated for five reasons. We uphold the final rule and deny their petition. 53

Summary - Implementing ELDs Webinar Summary ELDs are now the law of the land Implementing rules were upheld by the Courts (Oct 2016) Rules must be well known and followed by fleets & drivers Most drivers will be affected, and the technology is here to stay as of December 2017/2019 There are practical and operational considerations that can be anticipated; addressing these will lead to successful ELD implementation and keep your business productive and in compliance 54

Implementing ELDs 55

FMCSA s ELD Frequently Asked Questions https://www.fmcsa.dot.gov/ hours-service/elds/faqs 56

Dave Osiecki, President dosiecki@scopelitisconsulting.com 202 728 2851 57