On December 10, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule requiring the installation and use of electronic logging devices (ELDs) on commercial motor vehicles used in interstate commerce. The rule, scheduled to go into effect on December 10, 2017, mandates the use of ELDs for all drivers who are currently required to use records of duty status log books. These electronic devices are intended to be used for the enforcement of FMCSA’s Hours of Service Rules for truck drivers.
The rule permits the use of smartphones and other wireless devices to electronically log on-duty/off-duty time, if they satisfy the Administration’s technical specifications, are certified, and are listed on the agency’s website. Motor carriers who previously installed Automatic On-Board Recording Devices may continue to use the devices for an additional two years beyond the compliance date. Electronic data transfer must be made by either wireless web services, e-mail, Bluetooth or USB. To facilitate roadside inspections and ensure authorized safety officials can access data, an ELD must provide either a display or printout.
In addition, the final rule requires drivers to retain eight supporting documents in conjunction with the ELD to allow the agency to verify that on-duty/off-duty requirements are being met. This requirement can be met with the documents in the following five categories: bills of lading, itineraries, schedules or equivalent documents that indicate the origin and destination of each trip; dispatch records, trip records or equivalent documents; expense receipts; electronic mobile communication records reflecting communications transmitted through a fleet management system; and payroll records and settlement sheets or equivalent documents that indicate payment to a driver.
The final rule exempts drivers who use paper logs for no more than eight days during any 30-day period, drivers of vehicles manufactured before model year 2000, and drivers who conduct driveaway-towaway operations.
AGC submitted comments detailing the concerns of the construction industry when the rule was proposed. Concerns involved the cost of implementation, administrative issues, and the impact of the construction environment on the devices. AGC also recommended that the Administration exempt short haul construction drivers – those who operate within a 75-mile radius of the construction site – from the ELD requirement, as they are already exempt from the Hours of Service Rule.