FMCSA considering ELD rule revisions

The Federal Motor Carrier Safety Administration(FMCSA) has published a list of ELD mandate changes their goal is to improve the clarity of current regulations on the use of electronic logging devices (ELD’s) and address certain concerns about the technical specifications raised by industry stakeholders. FMCSA seeks industry comments on this public notice by November 15, 2022.

Some of the potential changes could improve ELD functionality and its standards. This will eventually help industries choose the right ELD when shopping for a suitable product.

The potential changes are the followings;

  1. Applicability to Pre-2000 Engines
  2. Addressing ELD Malfunctions
  3. Removal Process
  4. Technical Specifications
  5. ELD Certification

 

ELD Certification

Unlike Canada’s ELD Certification process, FMCSA accepts a self-certification process for ELDs. What is self-certification?

In the U.S., ELD’s are certified by service providers working with manufacturer’s hardware, not the FMCSA. In order to get certified, service providers are required to register their own ELD service, with compatible devices. They self test their ELD devices to meet all technical specifications detailed in the ELD Rules provided by the FMCSA. After they meet all requirements, verified ELDs can be self-certified and registered with FMCSA.

 

This process has been highly criticized. In Canada, an ELD must be certified by a third-party verification agency approved by the government. The third-party evaluates the service provider’s chosen ELD device, or devices, to determine whether they meet all regulatory requirements. In the list published by FMCSA, FMCSA is asking if it should establish a certification process for ELDs here in the U.S., and if so, what a certification process should consist of, and what would be the impact to the industry with existing services in operation today.

If the certification process is implemented, it’s going to be a big change in agency staff, state enforcement personnel, ELD providers, and the industry.

 

Removal process from FMCSA’s list of ELD-certified devices

There are several questions about the process for revoking non-compliant ELD from the list of registered self-certified ELDs.

  • If an ELD provider goes out of business and fails to self-revoke, should FMCSA be able to immediately remove the device from the registered ELD list?

 

  • The ELD rule requires ELD providers to keep their information current. However, the rule does not include a time restriction. Should FMCSA require ELD providers to update their listing within 30 calendar days of any change to their registration information found in section 5.1.1? Additionally, should ELD providers be required to confirm their information on an annual basis? Should an ELD provider’s ELD be removed from the FMCSA list if it fails to confirm or update its listing on an annual basis?

 

  • Providers must respond to the Agency’s written notice of required corrective action within 30 days to remain on the list. Additionally, the provider is given 60 days after the Agency provides a written modification to the notice of proposed removal or notice to affirm the proposed removal. Should FMCSA consider decreasing the 60-day period to 30 days, in order to more timely remove an ELD listing found with non-compliance issues that could adversely impact highway safety?

 

  • Should FMCSA consider any other factors related to a carrier’s continued use of a device that has been removed from the FMCSA list due to a provider’s status (out of business or failure to file an annual registration update)?

 

ELD Technical Specifications

FMCSA is requesting information on the impact of including the following data elements in every message.

  1. Actual odometer
  2. Actual engine hours
  3. Location description
  4. Geo-location
  5. VIN
  6. Power unit
  7. Shipping document number
  8. Trailer number
  9. Driver
  10. Co-driver if there was one
  11. Which driver was driving at the time if there was a co-driver

 

There is also the question about the frequency of intermediate recordings whether they should be more frequent like the quarter hour, half-hour, three-quarter hour, and hour to more efficiently monitor a vehicle over the course of a driver’s cycle.

This question could ease the industry’s administrative struggle. It says that FMCSA should consider allowing a driver to change his or her ELD configuration to exempt status to help reduce the administrative burden noted by the industry.

 

ELD Malfunctions

Currently, drivers are required to document their RODS to switch to paper logs when an ELD malfunctions. The drivers are also required to follow the motor carrier and ELD provider recommendations when a data diagnostic event is logged. Whenever an ELD fails to record a driver’s hours, enforcement personnel must be able to review the driver’s paper logs. In contrast, when an ELD device malfunctions, but continues to record the driver’s hours accurately, the driver should not switch to paper logs. FMCSA is asking for more clarification surrounding this topic as it can be very confusing.

 

ELDs and Pre-2000 Engines

Many vehicles with pre-2000 engines and most vehicles with rebuilt pre-2000 engines have engine control modules (ECMs) installed that could accommodate an ELD. FMCA is asking if FMCSA should re-evaluate or modify the applicability of the current ELD regulation for re-built or re-manufactured  pre-2000 engines.

See the full proposed rule from the FMCSA here.

 

Big change is coming

If these proposed rules are implemented, it will be a massive change for the industry, especially the proposed rule regarding ELD certification. Applying a stringent ELD certification process like Canada could avoid potential violations of ELD compliance and ELD replacement.

Astreon has a partnership with fully certified ELD service providers in Canada and the USA, such as Apollo ELD, brought to you by Astreon. They are an industry-leading ELD provider that is driver-friendly and well recognized in the USA and Canada.  They have also already gone through stringent certification in Canada, and are well prepared if this becomes necessary in the USA.

In addition to certification, leverage our ELD solutions to provide continuity and risk mitigation for your business with HOS, IFTA reports, Driver Vehicle Inspection Reports, Engine Diagnostics, and many more powerful features.

Visit our ELD page to learn more.

Contact us today!

Tel: +1 (888) 647-4730
Email: sales@astreon.com

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4 Key FMCSA Changes fleets should know in 2022

Since the Electronic logging device (ELD) mandate officially went into effect, various rule updates, rule changes, notices and proposed changes have taken place (as the ELD mandate continues to evolve). These notices are published on the Federal Motor Carrier Safety Administration (FMCSA) website, which in turn is linked to the Federal Register website.

There are 4 noteworthy changes that took place this year (so far) that motor carriers should be aware of:

 

1.    Eliminating the annual list of violations

Per this change, carriers no longer need to request an annual record of violations from their drivers. Section 391.27 were removed from the Federal Motor Carrier Safety Regulations on May 9, 2022.

Since carriers request an annual motor vehicle record (MVR), asking drivers for a list of the same violations was redundant.

It’s important to note however that annual violation lists created through May 8, 2022 must be retained in the DQ file (driver qualification) for at least 3 years (meaning potentially as far out as May 8, 2025).

 

2.    Removing personal information from the road test certificate

Some notable changes were made to the format of the road test certificate (a form that is kept in the DQ file per §391.31).

This change removes personal identifiable information (PII) which most people are understandably uncomfortable providing.

The following information is no longer required, effective March 22, 2022:

  • Driver’s license number
  • Licensing state
  • Social Security Number

 

For those that have already purchased older road test certificates, you can simply leave those fields empty as they are no longer required.

It is important to note that per §391.21, PII (date of birth, social security number, driver’s license number, etc.) still remains on the driver-specific application.

 

3.    Licensing Authorities – wording changes

Effective March 22, 2022, the FMCSA changed wording which concerns driver licence issuing entities. “State” was replaced with “driver’s licensing authority”, which provides clarification that to obtain a driver’s MVR, motor carriers would contact states, provinces and territories to satisfy §391.23 and §391.25. This also impact §391.21(b)(5).

This clarification is particularly important for drivers in Canada or Mexico who operate in the U.S.

 

4.    Entry-Level Driver Training (ELDT) rule (as of Feb 7, 2022)

As of February 7, 2022, entry-level driver training (ELDT) regulations have stricter requirements for individuals who want to obtain a commercial driver’s license (CDL), upgrade a CDL, or obtain a hazardous materials (H), passenger (P), or school bus (S) endorsement.

 

“These individuals are subject to the ELDT requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA’s Training Provider Registry (TPR).” – Federal Register / Vol. 87.

 

Stay up to date on regulatory changes

The FMCSA announces updated notices, rules and proposed rules/rule changes regularly. The ELD mandate rules can be particularly complicated and/or confusing in some instanced for carriers and drivers alike, so it is very important to check regularly and familiarize yourself with changes/potential changes to prevent possible violation or non-compliance.

 

Keep in mind that these changes can also help your drivers by either simplifying their work, removing redundancy or providing greater clarity so they can stay focused on what they do best, safely and effectively, without worrying about potential violations.

You can check for changes or updates via the notices and rulemaking documents page on the FMCSA website.

 

Astreon’s ELD – ELD built for Drivers and Carriers alike

Astreon has partnerships with fully certified leading ELD service providers in Canada and the USA, such as Apollo ELD, brought to you by Astreon. These are industry-leading ELD products that are driver-friendly, easy to use, feature-rich, and well recognized in North America.

In addition to certification, leverage our ELD solutions to provide continuity and risk mitigation for your business with HOS, IFTA reports, Driver Vehicle Inspection Reports, Engine Diagnostics, and many more powerful tools & features.

Visit our ELD pages to learn more.

Contact us today!

Tel: +1 (888) 647-4730
Email: sales@astreon.com

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