Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/625735
commercial carrier journal | january 2016 41 Cover Story: ElEctronic logs Industry at odds over rule The ELD rule has sparked intense debate among various safety advocacy groups and industry associations in recent years, creating a rift among some organizations that are aligned on many other issues and making unlikely allies of others. The American Trucking Associations and the Truckload Carriers Association have voiced strong support for the rule. "TCA applauds the efforts of the FMCSA in promulgating an ELD regulation that aids in alleviating some of the burdens regarding supporting documents, eases compliance with the hours-of-service regulations and furthers the efforts of the agency in the fight against driver coercion and harassment," TCA said. "Today is truly a historic day for trucking," said Bill Graves, ATA presi- dent and chief executive officer. "This regulation will change the trucking industry – for the better – forever. An already safe and efficient industry will get more so with the aid of this proven technology." The Truck Safety Coalition, which includes safety activist groups Citizens for Reliable and Safe Highways and Parents Against Tired Truckers, said the final rule is long overdue but is a much needed advancement in truck safety. "The inclusion of ELDs in large trucks is beneficial for everyone who travels on our nation's road and bridges," said Dawn King, Truck Safety Coalition president. "Motorists and truckers will be safer as this technology will limit the ability of truck drivers to exceed hours-of-service regulations, and in turn, reducing the likelihood that big rig drivers will become fatigued while driving." The Arkansas Trucking Association and the Alliance for Driver Safety and Security (the Trucking Alliance) also praised the final rule. "An industry that promotes itself as E-LOG RULE HIGHLIGHTS Here's a look at the mandate's key components: Mandate exceptions The ELD mandate will apply 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 periods, (2) drivers in drive-away and tow-away operations, and (3) truckers operating vehicles older than model- 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 com - munication capabilities. However, a compliant device must be able to automatically 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 vehicle's engine to record engine on and off time. The rule also requires compliant devices to be able to transfer data during roadside inspec - tions 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 smartphones and tablets using ELD applications as compliant devices as long as they meet the rest of the rule's guidelines, such as the ability to connect to the truck engine's electronic control module. Supporting documents Drivers, while not required to keep paper logs, still must keep a maximum of eight support - ing 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 receiv- ing 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 docu- ments that show trip origin and destination; (2) dispatch records, trip records or similar docu- ments; (3) expense receipts; (4) electronic mobile communication records sent through fleet management systems; and (5) payroll records, settlement sheets or similar documents that show how a driver was paid. Driver harassment In 2011, OOIDA successfully challenged FMCSA's previous attempt at mandating 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 prevent driver harassment via ELDs, such as interrupting drivers during their off-duty 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 harassment of drivers via an ELD as any action by a carrier toward 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.