The Trucker Newspaper - December 15-31, 2015

• December 15-31, 2015
Finally: FMCSA lets loose final rule on
mandated ELDs for HOS compliance
THE TRUCKER STAFF
WASHINGTON —The Federal Motor
Carrier Safety Administration December 10
announced the adoption of a final rule that
the agency said will improve roadway safety
by employing technology to strengthen commercial
truck and bus drivers’ compliance with
Hours of Service regulations that prevent fatigue.
The agency released the rule in an e-mail
released shortly after 3 a.m. ET December 10.
Although the release of the mandated electronic
logging device (ELD) rule was known to
be imminent, its release in the wee hours of the
morning was a surprise to trucking media and
industry stakeholders.
The rule becomes effective February 11,
2016, and the compliance date is December
11, 2017, although a grandfather clause will allow
carriers already using technology that conforms
to automatic on-board recording device
specifications but are not ELD-rule compliant
to continue using their current devices until
December 2019.
The agency is publishing a list of ELDs
that meet the specifications set forth in the new
rule.
An official at the Truckload Carriers Association
commended the FMCSA’s work.
“As a rule that will affect approximately
three million of our nation’s truck drivers, TCA
applauds the efforts of the FMCSA in promulgating
an electronic logging device regulation
that aids in alleviating some of the burdens regarding
supporting documents, eases compliance
with the HOS regulations and furthers the
efforts of the agency in the fight against driver
coercion and harassment,” said Dave Heller,
TCA director of policy and safety.
Officials at the American Trucking Associations
hailed release of the rule.
“Today is truly a historic day for trucking,”
said ATA President and CEO Bill Graves. “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.”
“Today’s important announcement could
not have happened without Congressional support,
so we thank Congress and congratulate
FMCSA for moving forward on this requirement,”
said Dave Osiecki, ATA executive vice
president and chief of national advocacy. “ATA
looks forward to working closely with FMC-
SA, state law enforcement agencies, as well as
our members and industry partners during the
two-year transition to full implementation of
this safety technology.”
Since 2010, a requirement for electronic
logging devices to monitor driver HOS has
been a top priority for ATA and that support
helped lead to federal legislation calling for
today’s rule, ATA officials stated.
“Safety is ATA’s highest priority,” said ATA
Chairman Pat Thomas, senior vice president of
state government affairs for UPS. “Today’s announcement
of an ELD mandate will make our
industry even safer than it is today so we are
grateful to FMCSA for advancing this important
regulation.”
A spokesperson for the Owner-Operator
Independent Drivers Association said the organization
was reviewing details of the rule with
an eye on how FMCSA intends to deal with the
issue of harassment.
“We know of no technology that automatically
tracks a driver’s record-of-duty status and
so ELDs will not be able to verify compliance
with HOS regulations,” said OOIDA spokesperson
Norita Taylor. “ELDs can only track
movement of a truck and approximate location,
not the work status of a driver, which requires
input from the driver. The government’s own
data shows that carriers with ELDs crash more,
not less, based on miles travelled. Also, note
that ELDs can be revised remotely by a carrier.”
Litigation filed by OOIDA negated what
FMCSA thought would be a final rule on electronic
on-board recorders (now called ELDs)
for HOS compliance that the agency published
in April 2010.
A federal judge agreed with OOIDA that
the 2010 final rule did not adequately deal with
the issue of driver harassment.
Indeed, the word “harassment” was not
used one time in that rule.
The FMCSA said the new rule strictly prohibits
commercial driver harassment.
It provides both procedural and technical
provisions designed to protect commercial
truck and bus drivers from harassment resulting
from information generated by ELDs, the
agency said, noting that a separate rulemaking
released last month is designed to further safeguard
commercial drivers from being coerced
The FMCSA will publish a list of ELDs
that meet the specifications set
forth in the new rule.
Nation
Associated Press: ALEX BRANDON
Transportation Secretary Anthony Foxx
said the new ELD rule not only brings logging
records into the modern age, it also
allows roadside safety inspectors to unmask
violations of federal law that put lives at risk.
The FMCSA says the rule provides both
procedural and technical provisions designed to
protect commercial truck and bus drivers from
harassment resulting from information generated
by ELDs and also pointed to a separate rulemaking
to further safeguard against driver coercion.
to violate federal safety regulations and provides
the agency with the authority to take enforcement
actions not only against motor carriers,
but also against shippers, receivers and
transportation intermediaries.
DOT officials released cursory statements
concerning the new rule.
“Since 1938, complex, on-duty/off-duty
logs for truck and bus drivers were made with
pencil and paper, virtually impossible to verify,”
said U.S. Transportation Secretary Anthony
Foxx. “This automated technology not
only brings logging records into the modern
age, it also allows roadside safety inspectors to
unmask violations of federal law that put lives
at risk.”
“This is a win for all motorists on our nation’s
roadways,” said FMCSA Acting Administrator
Scott Darling. “Employing technology
to ensure that commercial drivers comply with
federal HOS rules will prevent crashes and
save lives.”
The FMCSA said the final rule requiring the
use of ELDs will result in an annual net benefit
of more than $1 billion — largely by reducing
the amount of required industry paperwork.
The agency said the total benefits would be
$3 billion, but would be offset by total costs of
$1.836 billion, including $1 billion for the cost
to motor carriers and independent contractors
to purchase and install the devices.
It also hopes to increase the efficiency of
roadside law enforcement personnel in reviewing
driver records.
Thetrucker.com
Courtesy: ATA
ATA President and CEO Bill Graves said
the new rule will change the trucking industry
— for the better — forever, noting that an already
safe and efficient industry will get more
so with the aid of electronic logging devices.
On an annual average basis, the ELD Final
Rule is estimated to save 26 lives and
prevent 562 injuries resulting from crashes
involving large commercial motor vehicles,
the FMCSA said.
An ELD automatically records driving time.
It also monitors engine hours, vehicle movement,
miles driven, and location information.
In addition to the harassment issue, FMC-
SA said other main elements of the ELD Final
Rule include:
• Requiring commercial truck and bus drivers
who currently use paper logbooks to maintain
HOS records to adopt ELDs within two
years. It is anticipated that approximately three
million drivers will be impacted
• Setting technology specifications detailing
performance and design requirements for
ELDs so that manufacturers are able to produce
compliant devices and systems — and
purchasers are enabled to make informed decisions,
and
• Establishing new HOS supporting document
(shipping documents, fuel purchase receipts,
etc.) requirements that will result in additional
paperwork reductions. In most cases,
a motor carrier would not be required to retain
supporting documents verifying on-duty driving
time.
In developing the ELD Final Rule, FMC-
SA relied on input from its Motor Carrier
Safety Advisory Committee, feedback from
two public listening sessions, comments
filed during an extended comment period
following the 2011 proposed rule, and comments
to the 2014 supplementary proposed
rule. The final rule also incorporates the
mandates included in the Moving Ahead for
Progress in the 21st Century Act and other
statutes.
The ELD Final Rule permits the use of
smartphones and other wireless devices as
ELDs, so long as they satisfy technical specifications
and are certified. Canada- and Mexicodomiciled
drivers will also be required to use
ELDs when operating on U.S. roadways. 8