Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/619872
January 2016 | Overdrive | 21 stress on drivers than they already deal with." One source of stress is harassment related to ELDs. In the new ELD rule, how- ever, the agency fleshed out measures aimed at curtailing that problem. FMCSA also published a rule late last month to institute stiff penalties against carriers, shippers and brokers who coerce drivers to violate federal safety regulations, which relates to the ELD rule's publication. Here's a look at the man- date's key components: Mandate exceptions The ELD mandate will ap- ply to all drivers required to keep records of duty status except (1) drivers who only keep such records in eight or fewer days in 30-day peri- ods, (2) drivers in drive-away and tow-away operations, and (3) truckers operating vehicles older than mod- el-year 2000. Device specifications ELDs that meet the minimum standards spelled out in the rule will not be required to track a vehicle or a driver in real time. They also will not be required to include driver-carrier communication capabilities. However, a compliant device must be able to auto- matically record date, time and location information; engine hours; vehicle miles; and identification information of the driver using the device. The device also must sync with its corresponding vehi- cle's engine to record engine on and off time. The rule also requires com- pliant devices to be able to transfer data during roadside inspections on demand via either a wireless Web-based service, email, USB 2.0 or Bluetooth. The rule also stipulates that ELDs "present a graph grid of a driver's daily duty status changes" on the units themselves or on printouts. The agency defines smart- phones and tablets using ELD applications as compliant de- vices as long as they meet the rest of the rule's guidelines, such as the ability to connect to the truck engine's electron- ic control module. Supporting documents Drivers, while not required to keep paper logs, still must keep a maximum of eight supporting documents, either electronic or paper, for every 24-hour period that includes on-duty time. They must submit these supporting documents to their carrier within 13 days of receiving them. Carriers must retain the documents – along with records of duty status – for six months. Supporting documents include (1) bills of lading, itineraries, schedules or other documents that show trip origin and destination; (2) dis- patch records, trip records or similar documents; (3) expense receipts; (4) electronic mobile communication records sent through fleet management sys- tems; and (5) payroll records, settlement sheets or similar documents that show how a driver was paid. Driver harassment In 2011, OOIDA success- fully challenged FMCSA's previous attempt at mandat- ing ELDs, which was set to take effect in 2012 following the April 2010 issuance of the original rule. The courts agreed with OOIDA that FMCSA hadn't done enough in the rule to pre- vent driver harassment via ELDs, such as interrupting drivers during their off-du- ty hours via the devices or using information gleaned from an ELD. FMCSA's new rule makes it illegal for carriers to use the devices to harass drivers, puts in place fines for doing so and puts in place a system for drivers to report such instances. The rule defines harass- ment of drivers via an ELD as any action by a carrier to- ward a driver that the carrier "knew or should have known" would have interrupted a driver's off-duty time. "Harassment must involve information available to the motor carrier through an ELD or other technology used in combination with and not separable from an ELD," the rule states. For a full list of cur- rent ELDs, along with basics on their func- tionality and specs, visit OverdriveOnline.com/elogs. ELDs on the market KeepTruckin's electronic log connects to the engine's electronic control module and is an evolution from the company's logbook app. The ELD mandate specifies a registration process for devices that can be listed on a federal website once they are approved. For a list of ELD developers expected to eventually satisfy the regula - tion's requirements, visit OverdriveOnline. com/2015ELDChart. Want to see what fleets that run ELDs say about some of the devices on the market? Check out Commercial Carrier Journal's Reader Reviews site at CCJDigital.com/reviews, where you can find qualified fleet reviews of 10 electronic logging devices, along with reviews of Class 8 trucks, engines, transmissions and more.