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ELD Violations Won't Count Against CSA Scores During Transition Period

November 15, 2017, by Deborah Lockridge - Also by this author

Derek Barrs, Florida’s chief of commercial vehicle enforcement, asked for a show of hands among the state enforcement people in the room if they were ready for the ELD mandate. Photo: Deborah Lockridge
Derek Barrs, Florida’s chief of commercial vehicle enforcement, asked for a show of hands among the state enforcement people in the room if they were ready for the ELD mandate. Photo: Deborah Lockridge

BIRMINGHAM, AL – Federal officials have taken another step to make the transition to mandatory electronic devices less painful.

If drivers are cited at roadside for not complying with the ELD rule come the Dec. 18 deadline, the citation will be a “no points cite” that will not affect the Safety Measurement System that feeds into CSA (Compliance, Safety, Accountability) scores – through April 1.

Federal Motor Carrier Safety Administration officials shared this news during the Southern Regional Road Show event Wednesday.

In late August, FMCSA and the Commercial Vehicle Safety Alliance announced a phased-in approach to the ELD mandate and said it would delay implementing out-of-service criteria related to ELDs until April 1, 2018, and that each jurisdiction would have discretion as to whether they actually issue citations in the beginning.

As it has become increasingly obvious that much of the trucking industry as well as the enforcement community are not fully ready for the Dec. 18 ELD mandate deadline, the agency apparently felt it needed to go further.

Learn more about ELDs in HDT's special channel, ELDs: Time to Comply.

Jon Dierberger, FMCSA field administrator, told the room full of enforcement officials and a smattering of fleet and insurance representatives that for violations cited at roadside for not having an ELD through April 1, there will be no SMS points impact. He confirmed to HDT that this was in a recent internal memo.

Anne Collins, associate administrator, FMCSA field operations, confirmed to HDT that this was a recent “corollary” to the previous announcement that ELD citations would not result in out of service orders, in order to be “clear and consistent nationwide.”

Lane Kidd, managing director of The Alliance for Driver Safety & Security, pointed out in an email response to HDT that this doesn't mean there won't be repercussions for not having an ELD.

"Tickets may not levy points against the driver, but the fines attached to those tickets will likely cost the drivers more than the price of an ELD, so I'd hardly call this announcement a win for anybody holding out on buying an ELD." The Trucking Alliance, as it's known, is a proponent of ELDs and other truck safety technologies, such as collision mitigation and speed limiters.

Officials reiterated that there would be no extension of the ELD mandate deadline, noting that the rule has been out there for nearly two years now, and that it is "supported at the highest levels."

However, as part of an ELD implementation panel discussion at the roadshow, Derek Barrs, Florida’s chief of commercial vehicle enforcement, asked for a show of hands among the state enforcement people in the room if they were ready for the ELD mandate. Not a single hand was raised.

Dierberger told the room that the eRODS software that enforcement officials will use to “read” the data from ELDs at roadside is still in final testing and is scheduled to be released by the end of November. The FMCSA has been conducting "train the trainer" programs, and those trainers are now in the process of training enforcement officials in their jurisdictions, along with a not-final version of the software.

Fleet comments as part of the discussion indicated problems with not being able to get ELDs – and the problem extends to the AOBRDs, or automatic onbaord recording devices, that would allow for grandfathering for an additional two years. Safety staff from one fleet said while it has AOBRDs installed in half of its fleet, it’s been trying for six months to get them installed in the remaining half; its provider says it has been “overwhelmed” with orders.

Barrs emphasized the importance of fleets making sure drivers are prepared for the roadside encounter with the enforcement official. Drivers need to know how to handle the data transfer, and if they need to show their logs on the device itself they need to be able to show the enforcement officer how to navigate through the ELD. They need to have the required instructions available, and be able to answer questions such as whether they have and AOBRD or ELD, or why they are exempt, such as in the case of trucks with older non-electronic engines.

“Our folks are going to be learning as well; that’s a cold hard fact,” Barrs said. “We have a learning curve just like your drivers are. It’s going to take a partnership between the roadside officer and the driver to push this forward at the end of the day.”

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  1. 1. Mike [ November 15, 2017 @ 11:31AM ]

    Yes, but roadside officer is the one who writes the ticket if driver doesn't know some things. If is the officer who doesn't know anything, no one cares... "partnership" LOL

  2. 2. jim [ November 15, 2017 @ 12:51PM ]

    why is it that older trucks get to wait 4 YEARS to get it , it just doesn't seem fair to all the others.

  3. 3. Dean Hughson [ November 15, 2017 @ 04:26PM ]

    Oh the good old days. Just want my money. No points. Happy to do it.

    I think around December 20 our economy will be screaming for trucks. Then what?

  4. 4. Prosper [ November 15, 2017 @ 04:51PM ]

    I'M OUT

  5. 5. Kenny scott [ November 16, 2017 @ 04:46AM ]

    So what. The Fmcsa has still not address the real problem. DOCK TIME. I see no difference in shippers and recviers , if antyhing they are worst. Thanks for destroying my retirement

  6. 6. James Moran [ November 16, 2017 @ 06:22AM ]

    I'm glad this doesn't really affect our operation. I run team so if I run outta hours I just tell my co-driver to get his ass outta bed!

  7. 7. James Moran [ November 16, 2017 @ 06:23AM ]

    Don't affect me I'm a team operation!

  8. 8. Elias Rodriguez [ November 16, 2017 @ 10:28AM ]

    Fuck all this all the owners operators know they do this for money and fuck Fmcsa they don’t know enaything about truck industry

  9. 9. Michael Galorath [ November 16, 2017 @ 11:32AM ]

    Fine the drivers who work for a small company, who stall or refuse to install ELD. So the driver is to refuse the drive because if caught he will be fined? Where does this make sense? Well I guess feeding ones family is not impotent to the FMCSA. Where is the ELD provide safety only big brother looking over your shoulder! I get the ELD but where should a hired driver suffer. Or am I missing something?

  10. 10. Anthony [ November 16, 2017 @ 03:44PM ]

    FREE ELD, NO MONTHLY COST NO EQUIMENT COST.

    www.haulynx.com

    https://www.youtube.com/watch?time_continue=6&v=JuWOUEFB_IQ

  11. 11. Kevin [ November 16, 2017 @ 11:56PM ]

    Glad I just bought a 99. Fuck the FMCSA. The reason for the ELOG is to whip out small business trucking company's.
    Then the freight will back up. So these large company's and the government can convince the public that we need Self driving trucks to haul the freight. Sad. American is dying.
    Thanks Trump!!

  12. 12. Dave [ November 17, 2017 @ 08:34AM ]

    I won't show them anything I'll give them the instructions and they can figure it out this is absurd they expect us to train the very person that can fine us that's right fu##k the fmcsa and anyone that supports their sorry as##s

  13. 13. Joe spencer [ November 17, 2017 @ 09:31AM ]

    I have one truck an I drive it. With a small company an all I can say is if the government wants this. Then the government should pay for all the small company that will be going out of business. An all the financing company that WILL have a lot of trucks an trailers. That They want be abol to sale lol. Wish them all the luck to them lmao. Somebody needs to do the math here.

  14. 14. Tim [ November 20, 2017 @ 06:12PM ]

    Fuck Fmcsa!!

  15. 15. George [ November 20, 2017 @ 07:59PM ]

    FMSCA should go on trial for murder! They will kill so many companies with this overreaching mandate! What happened to America? The land of the free and home of the brave?How can the American trucking community not stand up and fight?

  16. 16. Eddie [ November 24, 2017 @ 01:32PM ]

    This is bullshit a good driver knows when to shutdown all about fucking trucks can drive by them self how many people going to be with out a jobs on the trucking business all for the rich fuck the poor. Safety first control all the government them talk about trucks us driver we looks like we bad peoples we drive a truck with a log book the reports all day the activities we do y not report when we home what we do???

  17. 17. Bob r [ December 02, 2017 @ 07:23AM ]

    They seem to believe that drivers not compliant will run anyway because it won't effect csa scores. I don't give a damn about csa scores. That's another bullshit story. Come Dec 18, if I'm not Eld compliant, I'm not going to run. Don't you people get it??? The drivers are not going to be out there....

  18. 18. Bob r [ December 02, 2017 @ 07:29AM ]

    They seem to think that drivers not compliant will run anyway without Elds because it won't effect csa scores. I don't give a damn about csa scores. That's another bullshit story. After Dec 18, if I'm not running Elds, then I'm not running at all, period. The drivers won't be out there like they are betting on. Understand ????

  19. 19. Archie W [ December 12, 2017 @ 07:36AM ]

    Drivers, this is not an ELD issue, stop bitching that these ELD's are putting you out of business. This is an Hours of Service issue! ELD's are just a tool that helps the driver stay compliant and improves the EASY input of the time he/she is on the road. It is just a tool. If you want to hang up your keys, because you don't like the Regulations, then good riddance! All I hear , when a driver complains about ELD's, is; "I don't want to comply with the regulations, I want to break the law! These stupid machines are going to MAKE me run legal and I DON"T WANT TOOO, wa wa waaaaa"
    Stop crying like a little baby and grow a pair. This mandate is not designed to kill small companies, on the contrary, it will weed out the larger companies that have too large a group of drivers to properly enforce HOS Regs, because the sh!t drivers find ways to run outside the lines. I have seen more that one large Fleet of 70+ vehicles come to the edge of revocation, because they can't keep up with all of the bad logs and poor planning of Driver/Dispatch.
    The system we use not only helps the driver run legally(the same laws as the last ten years) and gives Safety an easy way to know when they need to improve planning, dispatch, routing, and driver hour availability. This is a better way to run the entire company.
    What you should be looking for is a ELD provider that will provide the customer service, driver training, administration training and Audit Counseling that your company (large or small) needs. The problem with the ELD mandate is that only a small set of people even know how to use these things. You need someone in your corner that understands your perspective and your needs, to protect you from the FMCSA/D

 

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