Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/873209
LOGBOOK 12 | Overdrive | September 2017 Owner-operators and fl eets driving trucks equipped with model-year 1999 engines and older will not be subject to the electronic logging de- vice mandate regardless of the truck's model year, according to updated guidance from the Federal Motor Carrier Safety Administration. However, if a truck's model year is older than 2000 and the engine model year is 2000 or newer, the driver is required to adhere to the ELD mandate. FMCSA's website says that drivers are not required to carry documentation in the truck that confi rms their engine's model year, but notes that federal regulations require motor carriers to keep all documentation on motor and en- gine changes "at the principal place of business." The agency said that during a roadside inspection, law enforcement should refer the case for further in- vestigation if the engine's model year can't be determined. FMCSA's previous guidance emphasized the model year as de- termined by the VIN on the truck's chassis. – Matt Cole Inspectors will, at their discretion, begin issuing citations for noncom- pliance with the federal electronic logging device mandate on the Dec. 18 deadline for adoption, the Commercial Vehicle Safety Alliance announced last month. However, the 10-hour out-of-service order associat- ed with noncompliance won't begin until April 1, 2018. CVSA, which is made up of enforcement offi cials and meant to provide uniformity in enforcement of trucking and bus regulations, said it notifi ed the Federal Motor Carrier Safety Administration of its plans to begin citation enforcement Dec. 18 and out-of-service enforcement in April. The slight delay in the enforce- ment of the out-of-service criteria "will provide the motor carrier industry, shippers and roadside enforcement community with time to adjust to the new requirement before vehicles are placed out of service for ELD violations," CVSA said. This strategy is in line with how CVSA has handled enforcement of other major new trucking regulations, the group said. Inspectors and roadside offi cers will begin documenting ELD viola- tions on Dec. 18, the eff ective date of the mandate. Citations will be issued to drivers "at the jurisdiction's discretion," CVSA said. Violations related to ELDs will be considered hours of service viola- tions, such as not having a log book, having false logs and not maintaining a previous seven days of duty status. A driver or carrier not using a log- ging device that conforms with feder- al requirements will be "considered to have no record of duty status," according to updated out-of-service criteria issued by CVSA earlier this year. The CVSA announcement in late August added credence to what two FMCSA representatives suggested days beforehand during an ELD sem- inar at the Great American Trucking Show in Dallas. Asked by an audience member about rumors of "soft enforcement" of the mandate when it takes eff ect in December, agency representatives said inspectors "may or may not" take enforcement action against driv- ers not using ELDs. – James Jaillet CVSA details ELD enforcement dates Pre-2000 ELD exemption applies to engine model year The updated guidance deviates from FMCSA's previous guidance that emphasized the model year as determined by the VIN on the truck's chassis.