Electronic Logging Device Proposed Rulemaking April 2014 Becky Crawford Director of Safety Kansas Motor Carriers Association
ELD Background April 2010 – Final Rule Mandating ELDs For Carriers with a “Pattern” of HOS Violations • OOIDA Challenged in U.S. Court of Appeals • Vacated: Harassment Statute Not Met • February 2011 - FMCSA Issued a Proposed Rule For all required to maintain RODS • Stalled over technical/harassment concerns. • October 2012 – MAP-21 Required ELD Rulemaking Final rule within 1 year • Implementation period = 2 years •
ELD Timeline 1. Spring 2015: Final Rule Published 2. Spring 2017: Close of 2 year implementation window 3. Spring 2019: Close of grandfather provision Wild Card: Possible litigation may delay everything
Summary of ELD SNPRM ELD Use Mandated for All Currently Required to Log Short Haul Exemption? May use paper logs up to 8 times every 30 days • Existing Equipment Grandfathered Until 2 Years After Mandate Deadline • Device Certification Self-Certification of Testing • FMCSA Registry and Verification •
Summary of SNPRM (cont’d) Device Design Display Size Not Specified or Limited • Portable ELDs Mounted During Operation • Tamper-Resistant • Capable of Producing a Graph Grid • Facilitating Interoperability Standard Output • Location Recording Precision 1 Mile While On-Duty • 10 Miles While Off-Duty/ During Personal Conveyance •
Summary of SNPRM (cont’d) Personal Conveyance/Yard Moves Driver interaction with device • PC not limited: Off-duty • YM: ODND • Roadside Transfer: Either A) Printed Paper Hardcopy • And Quick Response (QR) Code (Upon Demand) B) Electronic Transfer By One of Several Approved Means •
Roadside Data Transfer A) Printed Paper Hardcopy • And Quick Response (QR) Code (Upon Demand) B) Electronic Transfer By One of Several Approved Means • Bluetooth, Web Services, Encrypted Email (At least 1) • And at least 1 back-up USB and Scannable QR Code, or • USB and TransJet Transfer •
Addressing Harassment GPS Precision Privacy Protection • Muting Devices While in Sleep Berth • Employer Prohibition on Harassment If Violation Results From Pressure to Drive • Formal Complaint Process • Driver “owns” Data Must Be Provided • Driver must approve changes •
Supporting Documents • Limit 10 (Maximum) per 24 hour duty period • Must be retained in a manner that supports matching • Required Data Elements Driver Name • Date • Time • Location •
ELD Timeline 1. Spring 2015: Final Rule Published 2. Spring 2017: Close of 2 year implementation window 3. Spring 2019: Close of grandfather provision Wild Card: Possible litigation may delay everything
Some Concerns Burden of Proof for Violations If Driver is Out of Scope of Employment • No Knowing and Willful Standard • Malfunction of Device Recreate paper logs 7 previous days • Repair with in 8 days •
Ways to Comment Due May 27, 2014 1. Online www.regulations.gov 2. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. 3. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 4. Fax : 202-493-2251.
Questions?
Recommend
More recommend
