There’s almost no chance that the electronic logging device, or ELD, mandate won’t start Dec. 18 as planned.

That’s the consensus of the Commercial Vehicle Safety Alliance, which is charged with enforcing the rule. CVSA is working to get law enforcement up to speed before the rule kicks in.

“It’s almost negligible at this point that it will be delayed,” Collin Mooney, executive director at CVSA, told Trucks.com.

ELD training of approximately 13,000 commercial vehicle inspectors will begin in late October or early November. The inspectors selected to receive face-to-face training from Federal Motor Carrier Safety Administration officials will be responsible for passing the knowledge on to their jurisdiction using a “train-the-trainer format,” Mooney said.

Other training activities are currently available, including online materials on the FMCSA website and planned events geared toward helping drivers transition to ELDs. Everything in place now will help aid preparation for the December deadline, said Duane DeBruyne, spokesman for FMCSA.

Independent truckers and fleets have had nearly two years to prepare for ELDs since the final rule was published in December 2015 based on a congressional mandate, he said. The ELD mandate did not change federal hours-of-service regulations that limit how much time a trucker can drive.

“Nobody can say they didn’t know this day was coming,” DeBruyne told Trucks.com.

The ELD devices link to a semi truck’s engine, capturing the movement and recording how much time a trucker spends behind the wheel. By law, drivers are limited to 11 hours of daily driving.

There are approximately 3.5 million truckers on the road today, according to the American Trucking Associations.

Total Quality Logistics, or TQL, a large freight brokerage firm headquartered in Cincinnati, is offering its network of more than 60,000 motor carriers a 20 percent discount if they choose KeepTruckin as their ELD provider.

The reason behind the discount was to ease the burden of finding an ELD provider for motor carriers, said Kerry Byrne, president of TQL.

“Carriers who haven’t yet selected an ELD provider should start taking a hard look at their options ASAP,” Byrne told Trucks.com. “From technology integration to new operational constraints, the ELD learning curve will certainly have a significant impact on all carriers.”

More than 100 ELD providers have self-certified their products on the FMCSA website. This is an improvement from November 2016 when only 15 providers had registered.

If the devices meet the technical specifications issued by FMCSA, the providers are “placed on the self-certified list,” DeBruyne said.

No devices have been revoked for not meeting the agency’s technical specifications, and no complaints have been filed, he said.

Penalties for truckers who fail to meet Dec. 18 deadline

Truckers won’t immediately be put out of service or told to stop driving if they don’t comply with the ELD mandate by the December deadline, according to CVSA. Instead, the safety alliance is allowing a grace period up to April 1 before it begins to apply the out-of-service criteria related to the pending regulation.

However, if stopped for a roadside inspection on or after Dec. 18, truckers without an ELD device will have violation points added to the FMCSA’s Compliance, Safety, Accountability, or CSA, scoring program, Mooney said. The fewer points accrued in the CSA scoring program, the better.

Non-compliant drivers also may face fines on or after the Dec. 18 deadline issued by the state enforcement agencies that handle roadside inspections. The fine amounts may vary state to state.

Missouri set its fine for ELD non-compliance at $172, Delaware’s fine amount is $110, and Colorado’s is $67, according to state agency officials.

The ATA, which counts many large fleets as its members, supports the mandate.

“Our society rewards people who comply with the law,” Chris Spear, president and chief executive officer of ATA, told Trucks.com. “Those who continue to believe they are above the law should face consequences if they continue to flout it.”

ELD mandate faces fierce resistance from independent truckers, trade groups

Many ATA members have been running E-logs for several years now.

But the regulation has encountered fierce resistance from independent drivers who believe the devices will be intrusive.

In a last-ditch effort to stall the ELD mandate, the Owner-Operator Independent Drivers Association is urging its members to support a standalone bill, HR 3282, introduced by Republican Brian Babin of Texas. The bill is aimed at delaying implementation for two years until December 2019. The bill, which has been parked in the House Committee on Transportation and Infrastructure since it was introduced July 18, has 49 co-sponsors.

Fourteen industry trade associations, including OOIDA, have written a letter supporting Babin.

“We remain adamant that the ELD mandate should be repealed,” the letter said. It also stated that their members would be “negatively impacted.”

There have been three previous attempts by OOIDA to delay implementation of the ELD mandate.

Another move spearheaded by Babin came through an amendment to the 2018 appropriations package. It failed by a vote of 246 to 173 in early September.

In June, the Supreme Court decided not to consider a petition to overturn the ELD mandate.

In October 2016, the 7th U.S. Circuit Court of Appeals in Chicago rejected the trade group’s argument that ELDs would violate truckers’ privacy and foster carrier harassment over driving hours.

The ELD mandate could improve safety on the roads. Though the estimated cost is approximately $2 billion, the FMCSA estimates that ELDs will prevent 1,844 crashes, 562 injuries and save 26 lives annually by keeping tired truckers off the road.

Switching to electronic logs also is expected to eliminate more than $1.6 billion in paperwork costs for motor carriers and law enforcement agencies reviewing drivers’ logs, according to the FMCSA.

Read Next: Will Feds Take on States in Trucking Jurisdiction Fight?

25 Responses

  1. Brian Shanabrough

    Congress and the FMCSA has been bought and paid for by the ATA,who’s only purpose in this legislation is to put the owner operator and small companies out of business.
    Nowhere does this legislation address of Highway Safety.
    Don’t believe me? Look at the statistics. Who has the better safety record? The small company ,the owner operator, or the big Mega carriers who already installed ELD’s?
    “Operation Black and Blue” along with “ELD’s or Me” are coming to DC In a few weeks.
    The ELD issue is not set in stone.

    Reply
    • Diane

      Tell me more. Is there a group of Truckers parking in front of the white house scheduled…..I’m be there

      Reply
    • Reggie Harris

      I guess they didn’t not think about the automated time card ok. If that’s so Truckers needs to charge 15 dollars hr. Sitting starting the first hour at the shipper Pickup and dropping of freight. The compensation will enforced under the Equal employment act an pay.

      Reply
  2. Jeffrey

    Trying to get back to work again in trucking again I have know clue how too use a ELD can someone please tell me how it works

    Reply
  3. Robert Rueden

    Myself and thousands of independents are parking our trucks. I will never submit to the evil government taking my freedom by implanting a tracking chip up my ass!!!!

    Reply
  4. Sandra mendenhall

    We’re not backing down or stopping until this ELD mandate is pushed out 2 yrs or abolished all together.

    Reply
  5. Gary Graham

    Thay are trying to hurry up so the leagle prosess can’t stop them.wow Thay are running scared.what are they trying to hide? How much bribe money will they need to pay back? If ELD goes down.

    Reply
  6. Joe Johnston

    Eld going to stop tired drivers? Wrong, it’s going to create tired drivers forcing them to drive tired, to get there 11 hours in, but u can’t stop an nap now, because then your ten hours late! It’s not about safety, it’s about some ass hole making another rule to follow, that they don’t have anything to do with, but for others to follow, plus the enforcement community didn’t have to do a thing, because the truck tells the tale.

    Reply
  7. Bruce E Gaines

    ATA who gives companies like FedEx safety awards get real aggressive driving is against the LAW Hey force Drivers to do it. No miles NO MONEY HOW ABOUT A $28 PER HR MINIMUM WAGE?

    Reply
  8. Joe

    Shippers,receivers, plants, and yes government too better hang on for this ride. Law makers have really stepped into a big pile of it this time. Capacity is getting to a crisis level and only getting worse. With more and more companies becoming fleet compliant trucks are executing less movements per week and drivers are exiting the workforce early to beat the rush and secure the jobs they want. As a true owner operator I’ve watched rates climb for the last 2 months. I was making around 5 to 6 thousand a week running four to five days. Last week was 8 this week will be $12000. All I hear from shippers and brokers is “why” and ” we can’t pay that much” but they do and they will. The rates will only increase from here as capacity declines further. I will not be using e logs as my 2016 kw is equipped with a 1998 n14 Cummins. People will start to feel it in there pocketbooks soon and then they’ll realize they should have been helping us with an intrusive government a while ago. Be safe and b compliant .

    Reply
    • Diane

      I agree 100% if shippers were fined… They would move their ass and get the job done…just like us owner operator Truckers!!!! Truckers pay all the fines and all the taxes with not much benefit at the end of the day

      Reply
  9. Fernando Rodriguez

    I think that elog is just going to be worse for us owner operators. Instead of taking time to rest all drivers will be forced to drive 11hrs strait due to the elog. This is just an excuse to invade private and strike us with more and more what’s next a camera inside our trucks to record everything we say and do? Makes this job even harder.

    Reply
  10. BRIGGS CRAWFORD

    As usual lawmakers and the federal Motor Carrier safety administration are blind to the true problem in the trucking industry. More regulation is needed to ensure that shippers and consignees such as Walmart, US Foods, Save-A-Lot and C&S Warehouse keep to their appointment times. On occasion when a driver of a carrier is late to a customer he or she is subject to a fine and is required to wait or reschedule for a new appointment time, but when a driver arrives on time for his or her appointment it is up to the discretion of the consignee or shipper how long that driver must wait to be loaded or unloaded. This is a extremely serious problem for trucking companies hauling LTL produce because the carrier is left with the responsibility of satisfying the needs of demanding customers who require their Freight to arrive within a specific time frame. In many cases the customer has several smaller trucks waiting to receive and distribute product to various local stores. In my 30-plus years of experience in the trucking industry I believe there is only one primary reason why a driver has fudged on his or her log book and that is because he or she has been detained by the shipper or the consignee for such a long period of time that they are unable to make their customers scheduled appointment. If lawmakers truly wanted to ensure the safety of the nation’s roads and the compliance of US carriers they need but do one thing. Ensure that after 1 hour of the carriers scheduled appointment time that the truck is loaded or unloaded with its intended product, if not then the consignee or shipper is subject to federal and state fines. I assure you that if implemented this law would assist the trucking industry astronomically. A driver would be less stressed about making his or her appointment time and could focus more on safety and road hazards while in route. FMCSA would appear to always attack the tree and its fruit, but it is never capable of finding the source that is affecting the root. Please always take into consideration that history repeats itself. King Leonidas and 300 of his personal Spartan bodyguard eventually gave way to hundreds of thousands of Persian Invaders because lawmakers of Sparta would not give him the tools to engage in a successful campaign. I asked you how then can 3.5 million truck drivers meet the materialistic, Agricultural and Heavy Haul needs of a demanding 322 million people in this nation when unrealistic demands and regulations are forced upon them?

    Reply
  11. Booney

    Good day, where I am curious is where does a large percentage of these accidents prevail from? What percentage of these accidents are result of lack of experience and or driver training vs driver fatigue? As I am driving down the road I see a large plethora of truck accidents, in the truck stops and on the road, interestingly enough if you look close enough a large percentage of these truck accidents have a sticker on the door that says ELD equipped. Has there been a study done to see if it is the ELD equipped trucks that are in most of these crashes? If it turns out that it is the ELD trucks that would lean more towards the big box companies that are spitting out thousands of under trained under educated under informed new entrants into the industry.Interestingly enough as independent owner-operators we need to be very protective of our safety for many reasons. The first reason is equipment cost, most of us only operate one truck and one trailer, newer trucks are ranging anywhere between 70000 and 170000. Replacement trailers 40000 – 100000 based off your specialty. Your counter pun to my previous statement is going to be well insurance will pay for it. While that may be true we as Independents are being so bled dry we cannot afford the down time to await for insurance reimbursement. Another thing I want you to look at next time you park in the truck stop scan the parking lot, see how many true actual Independents operating on their own authority are parked at that fine truck stop. Now let’s step it up a notch, you’ve already noted how many owner operators with their own authority are at that lot, now what I’d like you to do is count how many livestock haulers are parked overnight in that same lot. I would wager to say very few or none. Now I know I just opened the door for the comment bashers based off of my last comment. We try everything that we can do to protect ourselves and our safety which in turn protects the general public. As livestock haulers we park away from the general consensus of the large freight companies. Next you are going to state to me that the Eld is the law, and if it is the law it could not be unjust or against our constitutional rights or unmoral. I am going to propose a question to you, do you realize during World War II during Hitler’s regime everything he did killing 6 million Jews was legal according to German law at the time. Just because a law is a law does not make it correct or just.The Hitler connotation was a parable, that a small group of people with large amounts of money we’re able to manipulate the system to get what they wanted , their gise to convince the government and the country for “purification”. Where as the ATA the spokesman for the large box carrier’s their gise is “safety”. You are going to say it’s the law, my question is you would rather me Park in an unsafe area versus drive another 15 or 20 miles to a safe area that I am familiar with? We are also unable to stop our log once started. There are many things that change on a daily basis and as intelligent coherent business owners we need to adapt to an ever-changing day. That is why you will hear over the CB radio that we call many of you steering wheel holders. During a given day we are negotiating rates, we are checking fuel prices throughout the country, we’re checking to see if previous loads have paid or if we need to put them in collections. During that same day we are making sure our equipment is in full working order. Now let’s switch gears let’s look at the livestock hauling aspect. Let’s say our hours of service are up and now we are required to unload our livestock. Another government agency would have to be involved to have a USDA approved facilities to prevent cross-contamination. These facilities currently do not exist. If these facilities did exist there would be large overnight fees. I am already being bled dry by trying to keep myself and my truck and equipment legal that I will not inherently cover these costs without reimbursement which will in turn be passed on to the consumer. One thing that really perplexes me is your so inherently bashing each other that you are currently not looking as what’s going on currently in our country and or worldwide. Look at just the FMCSA alone 2017 annual budget 794.2 million ,on top of that it’s the individual states that have to fund and support the laws within their own state. In conclusion since it’s my name on the side of the truck I have to be very self protectant and very aware at all times because everything I have invested in this operation is my entire life, versus my statement before about a “steering wheel holder”, that has no vested interest in the particular company that he or she drives for. Now please proceeded to bash me, stating that I am an out-of-control weary eyed exhausted truck driver that needs to be put in his place by the federal government. Have a good day and keep looking up.

    Reply
  12. Jared L

    You OO’s are ridiculous. Stop your complaining, its not like you found out about this mandate yesterday. YOU’VE HAD SINCE 2015 TO PREPARE. If it is such a financial burden then buy a BIT ELD that has no monthly fee!

    Reply
    • Booney

      Apparently I need to dumb down my comments. The financial burden is not really the inherent problem. The inherent problem is impedement upon individual businesses aka “government control” shadowed with the word SAFETY as a gise.

      Reply
      • Diane

        I’m with you Booney. Apparently the other driver has no personal stake….just “a wheel holder”

    • Joe Icaza

      It’s not about who knew or not…it was implemented for “safety” reasons. And obviously you have have no idea what making money is in this industry. And if you do not see a problem, you have no idea what is like to work, to run to make money, to be able to do a good job because it’s your passion. I pass 98% of my inspections (DOT harassment). I drive the speed limit to make it on my time, reload and keep going, yet I get my 34hrs reset( while we still have it) I sleep when I want to sleep, then(do a little cheat) wake up fresh and drive. I drive my 11hrs and sleep my mandated 10hrs everyday. FyI most accidents, including deaths are done with companies that had eld for years, and yet managing to keep safety records low. total, swift, us express, FedEx, etc. Major trucking companies, same companies supporting eld(safety). On top of their cheap pay.

      Reply
  13. Darryl Fadden

    I am a ELD user and for the record it ain’t the end of truckin, just the end of my Career in truckin. Never have I been so tired, yeah we been cheating with longer than allowed power naps in the afternoon when you need to close your eyes….DOT needs to revise the HOS to alleviate the burden of traffic and slow shippers. 14 rule needs to go, or else this is gonna be a disaster.

    Reply
  14. Robert Lucus

    I believe in a statement that was said earlier in the comments that a lot of drivers will be in Rush tired drivers driving is the worst defensive will turn to offensive trying to beat the clock with all the delays whether it be traffic shipper receivers there’s not enough time in the day to make you run on time which my run vairies around 600 to 700 a day can’t be done with all the delays government-controlled Elds. It’s a money-maker for these tech companies what was said earlier about kickbacks my miles went from 25 to 3000 to 1500 – 1800 that ain’t no money how about on the clock 25 – 30 bucks an hour I’ll be the first one in line thank you

    Reply
  15. Joe Icaza

    Yes, big companies had ELDs for many years but also are the ones with the most accidents, deaths, property damages, etc. Small companies, owner operators take care of their equipment since its their bread maker, nobody pushes them to do more than they have to. All these big companies do not care about safety, the more accidents they get the more trucks they buy since its cheaper to keep the safety score low by paying their drivers cheap and limited in speed to keep them in control. Owner operator might cheat on their log books buy driving over time to get somewhere to go to SLEEP when they’re tired ( nice sleep). Not mandated by the electronic device who tells drivers when to go to SLEEP and start to drive regardless of drivers conditions them getting pushed by they’re dispatch. Anyways, I’ve been driving for 18 years and soon be testing ELD, but either way I’m retiring from trucks since I can’t work for cheap anymore, I have a family that I love and I’m missing out on them and money it’s not worth it, DOT harassing, IRS taking bigger chunks of money, cheap loads, expensive fuel , maintenance, states prohibiting parking everywhere, food more expensive for truckers, not to mention that is not healthy. And if you go to California, I found out that the speed (55mph) limits my truck to do a proper automatic regen. Good luck to you all.

    Reply

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