What Does the ELD Mandate Mean for the Freight Industry

The ELD mandate has required the entire freight industry to make adjustments to procedures and operations.

Here’s what you need to know about this mandate and how you can ensure compliance and prevent fines:

What Is the ELD Mandate?

The ELD mandate is a federal law that became law on February 16, 2016, began compliance on December 18, 2017, and began enforcement on April 1, 2018. The law requires that commercial motor vehicle operators must use compliant electronic logging devices, or ELDs, to record driving hours of service (HOS).

Prior to the ELD mandate, drivers were able to use a device called an Automatic On-Board Recording Device or AOBRD to log relevant driving and vehicle information. Prior to the advent of AOBRDs, drivers were required to maintain paper logbooks based on a federal law that dates back to 1937.

So while federal mandates related to commercial drivers are nothing new, figuring out the different rules and regulations that come with a new mandate can be a bit confusing.

What Is the Purpose of the ELD Mandate?

Understandably, dealing with a new mandate can be tedious and time-consuming for drivers and companies alike. And while there might be a bit of a learning curve involved in complying with and adjusting to the mandate, it’s not for nothing.

It’s no secret that driving long distances can be physically and mentally exhausting. At the same time, drivers need to be physically and mentally aware at all times on the road. After so many hours, it can become difficult for drivers to remain alert on the road and can lead to accidents.

To keep everyone on the roads safe, the Federal Motor Carrier Safety Administration (FMCSA) sets hours of service (HOS) rules that dictate the maximum amount of time drivers are permitted to be on duty.

Here’s a quick rundown on the current HOS rule for property-carrying drivers as of June 1, 2020:

• Drivers may drive a maximum of 11 hours after 10 consecutive hours off-duty
• Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off-duty
• Drivers must take a 30-minute break after driving for eight cumulative hours without at least a 30-minute interruption during that time
• Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days, however, a driver may restart a 7/8 consecutive day period by taking at least 34 consecutive hours off-duty
• Driver sleeper berth time must add up to 10 off-duty hours but not all of this time must be spent in the sleeper berth
• Drivers must spend at least seven consecutive hours in the sleeper berth during the 10-hour off-duty period
• Drivers are able to extend the maximum 11-hour driving limit and the 14-hour driving window by up to two hours due to adverse driving conditions

The ELD mandate was passed to improve driver and road safety by enforcing Hours of Service rules with the intent of reducing driver fatigue, minimizing road accidents, and promoting a safer environment.

Who Must Have a Device?

Most commercial vehicle operators must have an operational ELD device in their vehicle. Specifically, drivers that fall into the following categories must comply with this mandate:

• Commercial motor vehicle drivers that drive between states (interstate)
• Drivers with vehicles that weigh more than 10,001 pounds
• Drivers with vehicles with placarded hazmat loads
• Drivers with vehicles that are carrying more than eight or 15 passengers depending on the vehicle class

Who Can Own a Device and Who Can Just Lease a Device?

While some carriers own their vehicles and find that it makes sense to purchase their own ELD, other carriers lease vehicles and are left in a more complicated situation. On one hand, they are required to have an ELD, but whose responsibility is it — the drivers or the providers?

The driver can purchase their own ELD device that they can then bring with them to the different vehicles they rent out. Although this may seem like the best solution, many providers do not allow drivers to install such devices in their vehicles. This is especially true for short-term leases that typically come with more restrictions.

Alternatively, the carrier can purchase an ELD device and have it permanently installed in the vehicle. Then every driver that operates the vehicle receives their own login information so that they can log their hours in the system.

So while there’s no “right” answer to the question of who can own versus lease a device when it comes to leased vehicles, it’s important to establish expectations and communicate ahead of time so that the mandate is always being met.

Are There Any Exemptions to the Mandate?

While most drivers will have to comply with this mandate, there are a few exceptions that you should know about. The ELD mandate does not apply to:

• Drivers who drive vehicles with engines manufactured before the year 2000
• Drivers who only operate within a 100-air-mile radius
• Non-CDL drivers who operate within a 150-air-mile-radius
• Drivers in certain Driveaway-Towaway operations
• Drivers who are not required to maintain a Record of Duty Status (RODS)
• Drivers who only maintain a RODS for less than eight days within a 30-day period
• Drivers who transport insects and livestock

  How Will Compliance With the Mandate Work?

  So unless you fall into one of the above exception categories, you will have to comply with the ELD mandate. But how will compliance with the mandate actually work? The FMCSA has made it very clear that non-compliance with the mandate will result in penalties.
  These penalties could be both financial or temporal. For instance, you could be hit with a fine or be placed out of service for a period of time until you’re able to comply with the mandate.
  Here are some examples of noncompliance as indicated by the FMCSA that may result in penalties:
  The good news is that the FMCSA has published clear guidelines on how you can comply with the ELD mandate. Here’s what you need to know to ensure that you’re in compliance at all times:
  In terms of the actual ELD device, the device must:
• • • • A driver is required to have an ELD device but the vehicle is not equipped with one
      • A driver is using an unauthorized device that is not registered with the FMCSA
      • A driver is using a device that is unable to gather and transmit data from the device to an authorized law enforcement officer
      • A driver has filed a false log that indicates a special driving category without actually being involved in that category
• • Connect to the vehicle’s engine so that it can record motion, stopping, and stalling time
  • Allow the driver to select between the duty statuses of on-duty, off-duty, or on-duty but not driving
  • Gather data in a standardized format that can be transmitted to law enforcement agencies either through wireless web services, USB, or Bluetooth
  • Show a Record of Duty Status (RODS) geographically to provide the driver with information about their hours driven
  • Be certified by the provider to ensure that it meets the required technical specifications
  • • The FMCSA provides an updated list of certified ELD devices on their website
• • • In terms of additional documentation, the driver must maintain:
    • • The user manual for the ELD device
      • An ELD malfunction guide
      • A guide for transferring HOS data
      • Backup paper log sheets to cover at least eight days
    • While not technically required, the FMCSA recommends that drivers maintain:
    • • Bills of lading, itineraries, or schedules that show the origin and destination of each trip
      • Dispatch records or trip records
      • Expense receipts regarding any on-duty, not-driving time
      • Electronic mobile communication records to show communications transmitted through a fleet management system
      • Payroll records or settlement sheets to show what and how a driver is paid
    • Within these documents, the FMCSA recommends that each one containing:

      How Can a Company Work With an ELD?

      ELDs aren’t just for drivers and the federal government — they’re also for companies as they can be used for fleet management purposes. Fleet management helps companies maximize fleet performance and efficiency by tracking things like mileage, maintenance, fuel consumption, and more. An ELD can actually make fleet management easier since it tracks a lot of the metrics fleet managers are looking for.
      Furthermore, ELDs can be connected to fleet management software for fleet managers, safety officers, or compliance managers to view and analyze.
      Fleet management software is the best solution for maximizing efficiency, safety, and profits all at the same time. There are countless software options out there to consider, so be sure to check out some demos before making your final decision.
      ELDs can also be connected to mobile driver apps. These apps help drivers stay connected with companies while on the road. Take RPM Freight’s Drive app, for example.
      This incredible app provides immediate access to all available loads, faster payment processing, fair pricing on all loads, real-time capture for damage claims, one-to-one support, and digital capture of all documents.
      Thanks to streamlined processes and cutting-edge technology, carriers for RPM Freight can easily book the best loads with competitive pay and receive 24/7/365 support.

      Conclusion

      While change is never easy, complying with the ELD mandate can be simple and even beneficial with the right approach. These devices can provide companies with valuable information that they can then use for fleet management purposes.
      These devices can also help protect a company’s most valuable asset — its drivers. So if you aren’t already using ELDs in your trucks, now is the time to get them into your vehicles and start using them to comply with the mandate.
      For all of your questions about logistics, visit RPM.
      Sources:
      ELD Mandate Guide | Businessnewsdaily.com
      Freight and Trucking DOT Hours of Service Regulations | The Balance Small Business
      ELD - Registered ELDs | FMCSA
    • • The name of the driver
      • A carrier-assigned identification number
      • Date
      • Time
      • Location with the name of the nearest city, town, or village