April 1 has finally come and gone, putting a full stop to ‘soft enforcement’.
The CVSA didn’t enforce the out-of-service criteria (OOS) between December 18, 2017, and April 1, 2018. Similarly, ELD violations didn’t affect CSA scores. However, now that the soft enforcement period is up, ELD violations will lead to stiff penalties.
To catch you up, we highlight in this post eight important things that you need to know about full enforcement and what happens in case of ELD violations.
If a non-exempt driver does not have an ELD, he will be placed out-of-service for a period of 10 hours.
Apart from not having an ELD, drivers can also be put out-of-service for using a non-compliant ELD or AOBRD.
As you must know, not all ELDs in the FMCSA’s list of self-certified ELDs are 100% compliant. Make sure to thoroughly research an ELD solution; use the FMCSA’s ELD checklist to see if it meets the required standards.
If you believe that your current ELD solution isn’t 100% compliant, purchase a reliable and fully compliant electronic logging device asap.
Drivers will also be placed out-of-service for falsification of logs. Other penalties may also follow.
As mentioned earlier, an ELD violation will put driver out-of-service for 10 hours. However, assuming that the driver has paper logs, he can be allowed to complete the trip and deliver the load after 10 hours of being out-of-service.
Here is what Joe DeLorenzo has to say about this:
“Once that 10-hour period is up, assuming the driver has at least a paper log, we are going to provide flexibility for that driver to proceed to their final destination and deliver their load.”
After the 10-hour period is up, a driver cannot be dispatched on his next trip until he becomes compliant.
If a driver — without complying with the ELD rule — is dispatched again, the driver, as well as the carrier, may face further enforcement actions.
In the case of ELD malfunctions, you must replace your malfunctioning ELD or have it fixed within 8 days.
The ELD should be collecting the hours-of-service data accurately; that should be the number one concern. If it isn’t, make sure to have the ELD fixed or replaced within the given time. If you believe it will take more than eight days — for instance, if the ELD vendor needs more time to fix the issue — you should ask for an extension.
According to Joe DeLorenzo, “Technically, if you go over eight days, you are supposed to ask for an extension. For extensions, it really depends on what is happening and why. Our number one concern is: Is the ELD collecting the hours of service correctly? If the device isn’t doing that, clearly we are going to be sympathetic towards giving you an extension.”
He also added, “We are kind of managing those types of issues and I think getting a little more experience with it now that we have had a few. It will go case by case.”
Apart from an FMCSA-compliant electronic logging device, drivers are also required to keep additional supporting documents in the cab with them. These documents include:
Between December 18, 2017, and April 1, 2018, ELD violations did not affect a carrier’s CSA scores. However, full enforcement has changed that.
ELD violations will negatively impact a carrier’s CSA scores, which, in turn, damage the carrier’s goodwill in the industry and affect its ability to get the best paying loads.
Users can’t edit automated logs generated by an ELD. They can, however, annotate them.
DeLorenzo said, “I am just going to encourage everybody to make sure you know how to use that feature and that your drivers know how to use that feature.”
One thing to keep in mind is that drivers are in complete control of annotations. Fleet managers can only suggest them. Those suggestions are then subject to the driver’s approval.
“The most important thing about entering an annotation is that the driver has the final say. If the company decides to try and edit a driver’s log for some reason, it goes back to the driver. The driver has to say it’s OK and then they accept it and it goes on and maintains both records – the edited and the unedited versions,” Joe DeLorenzo explained.
Full enforcement has begun, which means that every non-exempt driver must have a compliant ELD solution.