Logging device mandate could come in 2016, outlines hardware spec’s, harassment provisions

| March 13, 2014
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The new electronic logging rule includes provisions intended to prevent driver harassment involving the devices.

The Federal Motor Carrier Safety Administration announced March 12 a Supplemental Notice of Proposed Rulemaking to mandate electronic logging devices.

The rule’s effective date and publication date in the Federal Register still are unknown, but it’s likely the rule will go into effect in late 2016. The  proposal says it will go into effect two years after the final rule is issued, presumably later this year.

Related

New rule includes 8 ways to help prevent e-log harassment

FMCSA outlines eight proposed provisions to attempt to prevent driver harassment with ELDs. Congress and the courts directed FMCSA to include safeguards against driver harassment ...

The American Trucking Associations welcomed the proposal. The Owner-Operator Independent Drivers Association expressed doubt about its ability to satisfy MAP-21 requirements and said it will closely study the proposed rule.

The rule consists of four parts:  (1) The requirement to use ELDs, (2) Protections against driver harassment (3) Hardware specifications for the devices and (4) the hours of service-related supporting documents drivers must continue to carry after the mandate.

Here’s a breakdown of each component:

Mandating ELDs

The mandate will apply to all drivers who are currently required to keep paper records of duty status. Drivers who are required to keep records of duty status in eight or more days out of every 30 days must use an ELD, replacing the 2011 rule’s requirement that drivers who keep records of duty status two or more days out of every seven use a logging device.

Carriers and drivers would not be required to install or use a logging device until two years after the effective date of the final rule. Carriers who used what the agency calls “automatic onboard recording devices” prior to the ELD mandate, however, have two more years on top of that to comply.

Harassment

Driver harassment by way of e-logs was the key factor that caused a court to throw out the last ELD mandate.  The new ELD rule includes provisions to prevent driver harassment involving the devices.

According to the rule, the agency says its two “primary focuses” relative to driver harassment were pressures on drivers to exceed hours of service limits and “inappropriate communications that affect drivers’ rest periods.”

Proposed safeguards against harassment in the new rule include expanded drivers’ access to records, explicit wording about carriers harassing drivers, implementing a complaint procedure, stiffening penalties for those who do harass drivers, “edit rights” for drivers, limitations on location tracking, mute functionality for the devices and preserving driver confidentiality in enforcement proceedings.

See an extended story on the rule’s harassment safeguards Friday, March 14.

Hardware specifications

The devices required by the new rule are more technologically advanced than those required by the April 2010 rule, FMCSA says.

The new rule requires ELDs to be integrated with the truck’s engine and to use location information. They also must be tamper-resistant. The devices will track the truck’s movement but can allow for annotations by both drivers and carriers “to explain or correct records,” the rule says.

FMCSA is developing with states software to be able to receive, analyze and display data from ELDs so that roadside officers can use the information, according to the rule.

ELDs, as opposed to their EOBR and AOBRD  (electronic onboard recorder and automatic onboard recording device) predecessors, sync with a truck’s engine to capture power status, motion status, miles driven and engine hours, FMCSA says. They also automatically enter changes of duty status, 60-minute intervals while the truck’s moving and engine-on and engine-off instances, according to the rule.

The rule also stipulates that the ELDs “present a graph grid of a driver’s daily duty status changes either” on the units themselves or in printouts.

The rule also stipulates the connectivity methods, which include Bluetooth 2.1, email, USB 2.0 and more.

Supporting documents

Carriers and drivers will still be required to maintain documentation that verifies drivers’ hours of service records. “Supporting documents” can refer to either paper or electronic documents.

Documents verifying driving time would not need to be kept, FMCSA says, but ones that verify periods of drivers’ on-duty not driving time must be maintained.

For every 24-hour period the driver is on duty, carriers must maintain no more than 10 supporting documents from either of these categories (1) bills of lading, itineraries, schedules or other documents that show trip origin and destination, (2) dispatch records, trip records or similar documents (3) expense receipts, (4) electronic mobile communication records sent through fleet management systems or (5) payroll records, settlement sheets or similar documents that show what and how a driver was paid.

***

The Supplement Notice of Proposed Rulemaking follows an FMCSA rule from April 2010 that mandates the use of EOBRs. That entire rule, however, was vacated in August 2011 by a federal court.

The annualized cost of compliance for the new rule will be between $165 and $832 per truck, according to the rule.

The Owner-Operator Independent Drivers Association said it knows of no device that can automatically record a driver’s duty status, which is what OOIDA says Congress required in MAP-21.

“We will examine the proposal in detail to see how the agency has attempted to meet these requirements, especially considering that an important study on the harassment issue is still listed as ‘ongoing’ on the FMCSA website,” says OOIDA’s statement. “Further, the issue of cost to truckers and what specific technical requirements are called for, especially when FMCSA has yet to show any direct safety benefit between ELD/EOBR use and reduced crashes, will be a critical focus of our review of the proposal.  This is the first stage in the regulatory process for the agency’s latest attempt to craft a rule on this topic, and OOIDA and small business truckers will certainly be weighing in and providing comments.”

The American Trucking Associations said it “welcomes” the mandate. “ATA supports FMCSA’s efforts to mandate these devices in commercial vehicles as a way to improve safety and compliance in the trucking industry and to level the playing field with thousands for fleets that have already voluntarily moved to this technology,” said ATA President and CEO Bill Graves.

ATA was one a key proponent in pushing for the ELD mandate’s inclusion in the 2012 MAP-21 highway funding act.

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  • Jimmy the Greek

    Dam it ! i only was out about 60 days last year lol , and ran less than 38,000 miles

  • Jimmy the Greek

    You have never worked with ships i can see , i have see the a ship take 3 days to dock at the refinery when it should have been 8 hr because of fog , i get called at 2am at times to get to a werehouse that was opened just for me to pick up a few tote tanks that are needed to fnish treeting the cargo loading into a tanker ship , The people i run for well pay what ever it takes to get product when it is needed because of the coust of holding up the ship is so much ! A ship can run as much as 30,000 a day at a dock at a refinery and if the ship gets loaded without the additavs the ship leaves the dock and ancors offshore and the additaves have to be brought out to the ship with a launch , Price of the launch 300.00 to 600.00 per hr 75.00 a lift to get the tanks on the launch , so you see time is money so even running as little as i do in a week it still can not be done with a ELD .

  • Del Ray Johnson

    @Jimmy, no I do not work on a dock nor do I lose money ever that is simply UNAMERICAN! I think you need to read and study what the Longshoremen’s guys do I can tell you unlike the truckers they do not put up with !@#$%* nonsense these guys will SHUT DOWN Long Beach, etc. in a minute all we do is complain!

  • jojo

    You must be one of our prima donna’s. You working 8 months and raking in 400K? I’m not driven a condo, Yet, but I’m hot on your heels!
    Thanks for the reply.

  • Jimmy the Greek

    I am down 64,000 in gross in 2013 from 2012 My tractor and trailer are 1998 , However the tractor only has 800,000, total miles on it ,It needs paint however i don’t realy cair about what it looks like , as far as the rest it is 100% i don’t even run caps on the trailer , It is a work tool , money goes into go fast for my motorcycles and the mustang ,

  • jojo

    As I understand it, Federal Election Day is November 4th, 2014.
    I have notified my Congressman and have let them know that I am and will be encouraging ALL DRIVERS TO REGISTER and Then TO VOTE.
    This Means That ALL Drivers Need to be at Home on or around Tuesday, October 28th 2014 in preparation to cast THEIR BALLOT.
    It is YOUR RIGHT TO VOTE!
    If by chance there are ZERO TRUCKS on the road THE WEEK OF 10/28/14 thru 11/5/14 because the DRIVERS ARE EXERCISING THEIR LEGAL RIGHT TO VOTE then I believe a MESSAGE WOULD HAVE BEEN SENT.
    I would encourage ALL of you to Help others understand the IMPORTANCE of this.
    1. Drivers Wages
    2. ELD’s
    3. Speed Limiters
    4. HOS
    5. Parking
    6. CSA
    7. Over Size / Overweight Trucks
    8. Immigration
    9. Cross Border Trucking
    10. Insurance

    BEFORE you Drivers call a ” General Strike ” may I SUGGEST that you READ the SHERMAN ANTITRUST ACT of July 2, 1890.

    Register and Vote. You Have 6+ months to prepare.

  • Jimmy the Greek

    As far as work i keep a power pallet jack in the van no docks at unloading points and hafe of the loading is done without a dock , i have been in two firers in the last five years the last one inside the van . ( we got that one out in about 30 seconds ) If you walk past the trailer you can smell cetain , so i earn what i make like right now i have not done anything for the last five days , I am siting home however when i am called and i never know when , i well rake in $2,000.00 to $5,000.00 in one to five days and less than 1,000 miles round trip , i do some local loads in houston when i am siting however they pay well to , the cheapest intown load would run $400.00 and can go to $575.00 on the high end we charge 2 cents a pound then discount them because you can,t charge $800.00 to run across town lol , some weeks i make a lot some times i make crap like in 2012 i made 60% of my money in 4 mo. it can get crazy when it gets bussy and other mo i might only make $2,500.00 the hole mo .

  • jojo

    Cool man, as you are well respected on this site, May I ask your opinion as to my latest post.

    As I understand it, Federal Election Day is November 4th, 2014.

    I have notified my Congressman and have let them know that I am and will be encouraging ALL DRIVERS TO REGISTER and Then TO VOTE.

    This Means That ALL Drivers Need to be at Home on or around Tuesday, October 28th 2014 in preparation to cast THEIR BALLOT.

    It is YOUR RIGHT TO VOTE!

    If by chance there are ZERO TRUCKS on the road THE WEEK OF 10/28/14 thru 11/5/14 because the DRIVERS ARE EXERCISING THEIR LEGAL RIGHT TO VOTE then I believe a MESSAGE WOULD HAVE BEEN SENT.

    I would encourage ALL of you to Help others understand the IMPORTANCE of this.
    1. Drivers Wages
    2. ELD’s
    3. Speed Limiters
    4. HOS
    5. Parking
    6. CSA
    7. Over Size / Overweight Trucks
    8. Immigration
    9. Cross Border Trucking
    10. Insurance

    BEFORE you Drivers call a ” General Strike ” may I SUGGEST that you READ the SHERMAN ANTITRUST ACT of July 2, 1890.

    Register and Vote. You Have 6+ months to prepare.

    Would it be of value for me to try to drive this point home at every opportunity?
    Thanks Man’
    JoJo P.A.T.

  • USMC 69-75

    Just giving back what your spewing out, because you don’t know anything else, and wouldn’t know the truth if it were a pit bull and had you by your posterior.

  • USMC 69-75

    I give them 2 hours before I charge detention time. But you missed my point, when the average driver takes their 10 hour ( use to be 8) rest break, your on your own time. If you go to a truck stop and wait for equipment, yes, as long as your trailer is at the dock, you can charge for equipment detention!
    My 99 (bought in 98) Classic has 1 mill on it and never been touched, the last 8 years, I have never left SC. She has about 5 grand art work on it, so I can’t get rid of the old girl, to personal, and still a head turner!

  • Coffeeclue

    More insults, still no substance… yawn…

  • chris

    agree with JoJo.
    Go home to vote,(civic duty).Trucks home in mass, showing soildarty in a common cause.

  • Jimmy the Greek

    I charge even if i got the trailer There the ones wanting me to hang around and haul the emptys back , i can allways get a load back out of New Orleans 70% of my fright loads in texas city or houston and delivers from baton rouge to belle chase on the river and the emptys can’t sit around

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  • jimmyc63

    I, for one, find that you have an educated opinion, and….I think, quite possibly you have the basic framework of a solution. (finally….SOMEONE with some constructive ideas!)
    I am possibly in a position to offer support, in the way of a list of names….drivers who are tired of getting fucked, but who have not seen any ideas worth getting behind.
    How does a person contact you? (without our contact info being there for people we would not otherwise associate with?)

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  • jojo

    Jimmy, I will happily make myself available to you and others that will seriously consider that We Drivers are not robots to be controlled.
    We are working Men and Women that sacrifice normal lives to serve the people of this Country.
    We deserve to be fairly compensated for the services we provide.
    Thanks for your interest,
    Pat Hockaday jojo859585@gmail.com

  • R.W.T.H.H.Pruitt

    ATA needs to quit pushing for mandates prior to the development of the actual hardware. At the present time there is no logging system that can automatically log in a driver’s status. Additionally, until this hardware specification is developed, there should be no change in the logging requirement. Once the specifications have been developed, then you can do a proposed rule after the system has been field tested. Until then, the use of paper logs is adequate to keeping tabs on a driver’s status. Additionally, with the issues with driver parking, the problem with harrassment from carriers is still going to be an issue. Carriers cannot guarantee parking spaces for drivers 24 hours a day in 100% of the locations drivers go throughout North America. Therefore, drivers using these tools will require additional time to locate parking that is not currently overflowing, thus reducing the amount of time they have to actually drive. This fighting for a parking space is going to have a major impact with the implementation of the electronic logs.

  • easymoney

    10/4 on that

  • shortchange

    your right! But again MONEY is the
    word. It goes with every thing else
    this country does. MONEY MONEY

  • shortchange

    most people have the wrong concept
    of what trucking is all about. and no
    one out side of trucking gives a crap
    I drove for 42 yrs an I’m glad I’m out
    of it with all the crap DC is coming out
    with

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  • shadow hauling

    I would like to see the studies that have been done so far on driver safety if they can find any that are believable. What about policing the four wheelers driving overloaded with vacation or moving goods and driving from one end of the country to the other with no sleep and 10-20 mph over the speed limit while texting or talking on ther phones ? Which group is more dangerous ? I only own one truck and trailer and got my own authority a year ago and driver legally. I passed my initial safety audit with only one thing wrong and it was because I didn’t fill out a job application and hire myself. I know bullshit huh ???? I’ve had my cdl since 1978 and haven’t had an accident in over 29 years and only one ticket in that time and that was just recently for a window tint violation in NYS. I can’t see where any electronic device to track me will add to my safety or the publics safety. If anything another piece of electronics in my truck will only add more clutter and more to DISTRACTED DRIVING. Isn’t that why they came out with the stiff fines for truck drivers to fend off distracted driving ? But it’s only a few dollars if a driver of a four wheeler gets caught. Drivers are big money for government coffers. I have to mention that I only own a pickup and trailer but travel all over the US and Canada and I HAVE to follow the same laws and rules as a tractor trailer driver right down to using logs and vehicle inspections to crossing the scales and subject to the same fines and out of service violations as you are. The only thing I’m not subject to is the drug testing because of the weight of my vehicle. If you see me in my burgandy/maroon 3500 dodge ram w/ NYS plates and trailer w/ Maine plate honk your horn or shout on the radio. We are in this together brothers and sisters, us (and it seems) against them. Steve at Shadow Hauling And Transport

  • Trans System Inc.

    If OBAMA CARE is so great why aren’t the Politicians enrolled in it???? Also employers kick back to part time hrs so they could save money and not do the OBAMACARE. As we say One Bad Ass Mistake America

  • Coffeeclue

    Do you even understand what Obamacare is, or do you just like to throw anti-Obama rhetoric around because you want to look cool in front of your friends?

  • Bodo

    ATA support only big company

  • Bodo

    Nooooooooooooooooooooo. E LOGS

  • Lone Wolf

    ok, everyone has such great ideas-how is a small man heard? When 50-70% of carriers are middle eastern, bosnians, etc. are the ones that come over/open up transportation companies because they are easy to open up. They are backed by our govt and by our tax dollars. They take us/our American jobs away and will haul loads for cheap!! Then the brokers want everyone else to haul for the same price. OOIDA, ATA, NASTC is suppose to represent the small truckers out here. They should be telling the govt no! Why should the small companies be mandated to put the e-logs in their trucks. These are for the larger fleets who can teach drivers to drive (which they can’t figure out how to fill out paper logs), who are self-insured, cheaper fuel because of the larger fleets, etc. The smaller companies who cannot get self insured, who cannot get the cheaper fuel, who struggle to make ends meet because it is not a level playing field, this is who OOIDA, NASTC, ATA and the other ones like them should be fighting harder for. Who is going to be the person to orchestrate a shut down of the transportation nationwide when the majority do not speak English!!!

  • Roderick Porteous

    Coffee clue does not seem to understand what people began to understand three centuries ago, in what became known as the enlightenment, and sparked the US becoming a very prosperous country despite a growing Federal government doing all the wrong things and punishing success. The key to prosperity and peace is individual initiative and certainly not oppressive government.
    Come on, do think Obama has ever driven a truck? Or accomplished anything . He is a community organizer and has not a clue what destruction he accomplishes.
    Top down or one size fits all never works . It is called socialism and always has and always will fail in the long run. Without freedom, the individual gets crushed by oppressive government, but government cannot continue without the individual.

  • Roderick Porteous

    Coffeeclue it is about time to grow up. I am so bored with stupid racism and name calling. Each individual can decide for himself what kind of life to live, but the Obama way is to control how you live, what you buy. He accomplishes this by “divide and conquor”. He has us all divide ourselves by being concerned about race, religion, etc. while he regulates and takes away our freedoms in the backgound.
    Stupid people live their lives by following the marching orders of the elite. Free yourself and forget about those who want to micromanage your life and thoughts. All of us will be better for it.

  • Jim

    I for one do not agree with the type of government control. It’s bull shit.
    Has nothing to do with safety.
    We are free Americans and we have rights. Leave us alone. The system we have now works fine. Why are we trying to expose this grap. It’s so that the company that develops the devices can get rich and I would bet the people that are coming up with bull shit have an interest in getting this law passed so they can make money.

  • Jim

    Control. Control. Control. AT A GO FUCK YOUR SELF! !!!
    I WILL NOT PUT ELDS IN ANY OF MY TRUCKS!!!!
    LEAVE US ALONE.

  • Robert Kenehan

    Obamacare is a complete disaster cannot even get the dumb website to work LOL you are fucking high on Drugs CommieCup.

  • Coffeeclue

    I think you’ve been asleep for a while. Site works fine now.

  • tstyle

    Guess most truckers are ignorant huh?

  • tstyle

    Hey moron, you are clueless go back to the trailor park and learn to read

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  • no elogs 4 all

    Coffeeclue is just some dumbshit who voted for the obamanator. Who is ruining this country. We the actual people of this country do need to stand up and defend our rights. Off subject i know but dumbasses like clueless coffee are whats screwing us all.

  • jack

    Just trying to take out the owner operators out of business. Politics!!! That’s all it is politics fuck u motherfuckers.

  • grumpy

    The same law professor who is disbarred by the state of Illinois??

  • grumpy

    Obamacare is bad…reasons

    1) it forces people to purchase insurance only through select companies.
    2) it does not give those previously uninsured access to unpaid insurance, in other words if they couldn’t afford it before how can they afford it now? Government incentives? Oh so we the tax payers STILL pay for them?
    3) the even more control over the doctors and hospitals charges. The doctors are forced to perform the same procedures for LESS money. This has caused 1/3 of the nations doctors who accept medicare to no longer accept it. Numerous other doctors and clinics also are not accepting patients who are in the pool of insurers controlled by Obama care.
    4) my cost of insurance has increased and I don’t get anything more for it. Increased under “special” government fees specific to Obama care that is.
    5) more paperwork for doctors ( that means more costs for them). I am on prescription meds and now instead of seeing my doctor every 6 months to get my scripts updated, I have to go in every month for a handwritten prescription.
    6) more employers are now just keeping their employees at a 32 hour or less week so as to not be under the mandate to insure their employees.

    The best is yet to come when thus hideous mandate fully takes effect in 2015 and 2016…

    Even Obama knows it sucks, that’s why he pushed off the real bad stuff until after this
    Election.

  • Mind Games

    Jojo we don’t care about The Sherman trust act. We run this Bitch!

  • Mind Games

    If ya wanna split hairs Jojo we can all legality go home on Jimmy Hoffa’s birthday on February 14 and celebrate for a whole damn week! Let’s give the government the soul finger come February 14 2015! I am! I’m not scared of the federal government! On the contrary they are scare of me!!!

  • Mind Games

    In an act of civil disobedience we should all plan to be in D.C. And stand in front of the White House and hold our palms facing the White House With the numbers 666 painted on our hands.
    Then go to the department of transportation and do the same then on to the Capitol and show our so called christian congressmen and women what they have done to us.
    Just before Christmas in November or since it may be too late then the weeks before Easter will do the job for years to come. Any that deny what it means will be voted out with no questions asked, remember we are still a Christian country.
    If they want us to take the mark of the beast let’s give it too em.
    One other thing if you have one in your truck write 666 next to the sign that says you have the box in your truck.

  • Mind Games

    Some of you want to play by the rules and reason with these devils, people all the rules of peace have been thrown out the window!
    This is a war against drivers and we must fight back with love the most powerful weapon on earth!
    On Valentine’s day we should all go home take a vacation for 5 days and let’s see if these devils still sing the same song.
    February 14 a traditional day of love we should show this country the same love and appreciation that they have shown us for the last 10-20 years.
    Remember February 14th 2015 we take a stand for love the most powerful weapon on earth. Plan your vacations and pass the word around.
    No violence just kindnesses joy love and happiness!
    We never get enough chances to stop and enjoy the love around us and it’s time we STOPPED and enjoyed our short time we have with our families and or nature around us.
    No one cares about us and so we should learn to love ourselves and our world and the world around us.
    Hey they have tipped their hands let’s tip ours.

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