Delays at the loading dock, do we have to report the time?
Whether it’s a delay at the shipper or traffic jam, the ELD will be running. A driver is considered on duty the moment the truck starts to move at a speed higher than 5 MPH. Once a driver is dispatched from the terminal and goes to pick up a load, while the truck is being loaded, the driver is on duty. If it takes an additional two hours longer than expected the time must come off the driver’s on duty time.
What if the ELD breakdown?
The driver must note the breakdown and provide written notice of the failure to the motor carrier within 24 hours. You must reconstruct the record of duty for the current 24 hours period and the previous 7 consecutive days. Continue to manually prepare record of duty logs until the ELD is back in compliance.
Is the driver in non-compliant if the data cannot be sent electronically to a safety official at a roadside check?
No. The driver must be able to provide a printout or show the actual ELD display of their record of duty. This must be done without the safety official entering the truck.
What is the difference between AOBRD’s and ELDs?
They differ in a couple of ways, Automatic Onboard Recording Devices (AOBRD), aren’t required to automatically record location or interface with a truck’s engine. Carriers using AOBRDs can continue running the devices to comply with the mandate until December 16, 2019, as part of the ELD mandate’s “grandfathered” clause. That’s two additional years beyond the December 18, 2017, compliance date for the ELD mandate.
What if a Carrier is found to be using non-compliant devices?
FMCSA reported that carriers found to be using non-compliant devices will have 8 days to replace the device with a compliant option. Carriers are required to choose a device from the agency’s registry of “certified devices”. The agency’s vetting process for the devices does not entail testing for compliance, relying on manufacturers to self-certify their devices. In the event of a widespread issue, the FMCSA will work with effective carriers to establish a reasonable timeframe for replacing non-compliant devices with ELD that meet the requirements. ELD suppliers will not be required to notify carriers if their device has been removed from the agency’s registry. So do your research and decide on the best option and not necessary price. ELDs are a long term investment.
Contact our Transportation Team at Doyle & Ogden for answers to your questions. 616-949-9000 or Robert Coston – rcoston@doyle-ogden.com
