Previously in this series: Owner-operators, some already forced to switch ELD providers, stare down turbulent e-log market
Owner-operators and small fleets must use an e-log system listed in the Federal Motor Carrier Safety Administration’s electronic logging device registry to be compliant. But if providers fold and consolidate in the coming months, and as a new hours of service rule takes effect in September, can FMCSA ensure the list remains up to date?
Just as they’re required to list their devices in the registry as conforming to the mandate’s hardware and software specs, vendors also are required to remove any devices they no longer support.
However, as this series has noted, many devices in FMCSA’s registry are from small providers already struggling with customer support and regulatory compliance, so it’s not clear whether they would bother to de-list their devices if they end service. It’s also not clear how actively FMCSA will police the registry listings. The agency received criticism after creating the registry for its hands-off approach, saying it expected the vendors to “self-certify” by posting only devices that are compliant.
ELD vendors are required to have their most current software version and a phone number listed in the registry. In addition to making cold calls to providers to check up on them, FMCSA does follow-up with vendors when a user flags the service as non-compliant, non-functional or no longer in service. “If they can’t get a hold of you or obviously you aren’t getting that communication, you could be de-listed,” said Mike Ahart, vice president of regulatory affairs at Omnitracs.
An FMCSA spokesperson confirmed the agency has the authority to remove vendors and devices, but that it has not revoked any so far. There are several devices listed as “self-revoked,” the spokesperson said, and “as we find out vendors are discontinuing ELD devices we work with them on the self-revocation process. If necessary, the agency can use the removal process” spelled out in the ELD rule.
