In the next few days, authorities will start issuing out-of-service orders to non-exempt drivers without an FMCSA-compliant ELD solution.
With the mandate’s full enforcement on the horizon, the Federal Motor Carrier Safety Administration released a return-to-duty procedure for drivers who will be receiving out-of-service orders for not having an electronic logging device after April 1.
According to the FMCSA’s announcement, “Carriers subject to Federal Motor Carrier Safety Regulations (FMCSRs) that do not have an ELD when required will be placed out-of-service. The driver will remain out-of-service for 10 hours in accordance with the Commercial Vehicle Safety Alliance (CVSA) criteria.”
“At that point, to facilitate compliance, the driver will be allowed to travel to the next scheduled stop and should not be dispatched again without an ELD. If the driver is dispatched again without an ELD, the motor carrier will be subject to further enforcement action.”
The statement was a part of the news release that announced an additional 90-day exemption for haulers of agricultural commodities.
Late last year, the Commercial Vehicle Safety Alliance (CVSA) announced that it would not issue out-of-service orders until April 1, 2018. Following that, the FMCSA also announced in November that ELD violations wouldn’t affect a carrier’s CSA scores between December 18, 2017, and April 1, 2018.
However, now full enforcement is about to begin in the next few days, which means that ELD violations will affect CSA scores, and drivers without ELDs will also be placed out of service for 10 hours.
The FMCSA’s Head of Compliance and Enforcement Joe DeLorenzo told that the 10-hour out-of-service period for a driver found operating without an ELD is “just the same as a driver who previously didn’t have a paper log.”
DeLorenzo said when the 10-hour period lapses, assuming that the driver at least keeps a paper log, “we’re going to provide flexibility for that driver to proceed to their final destination and deliver their load.”
However, the driver must have a compliant ELD before being dispatched on the next trip.
Full enforcement begins in the next few days — on April 1, 2018.
If you are not exempt from the ELD rule, make sure that you have a compliant ELD solution. Otherwise, enforcers will issue an out-of-service order for 10 hours. You will then require a compliant ELD anyway before starting your next trip.