Electronic Logging Device Proposed Rulemaking April 2014 Becky - - PowerPoint PPT Presentation

Electronic Logging Device Proposed Rulemaking

April 2014

Becky Crawford Director of Safety Kansas Motor Carriers Association

ELD Background

April 2010 – Final Rule Mandating ELDs

• For Carriers with a “Pattern” of HOS Violations
• OOIDA Challenged in U.S. Court of Appeals
• Vacated: Harassment Statute Not Met

February 2011 - FMCSA Issued a Proposed Rule

• For all required to maintain RODS
• Stalled over technical/harassment concerns.

October 2012 – MAP-21 Required ELD Rulemaking

• Final rule within 1 year
• Implementation period = 2 years

ELD Timeline

• 1. Spring 2015: Final Rule Published
• 2. Spring 2017: Close of 2 year implementation window
• 3. Spring 2019: Close of grandfather provision

Wild Card: Possible litigation may delay everything

Summary of ELD SNPRM

ELD Use Mandated for All Currently Required to Log

• Short Haul Exemption? May use paper logs up to 8 times every 30 days

Existing Equipment Grandfathered

• Until 2 Years After Mandate Deadline

Device Certification

• Self-Certification of Testing
• FMCSA Registry and Verification

Summary of SNPRM

(cont’d)

Device Design

• Display Size Not Specified or Limited
• Portable ELDs Mounted During Operation
• Tamper-Resistant
• Capable of Producing a Graph Grid

Facilitating Interoperability

• Standard Output

Location Recording Precision

• 1 Mile While On-Duty
• 10 Miles While Off-Duty/ During Personal Conveyance

Personal Conveyance/Yard Moves

• Driver interaction with device
• PC not limited: Off-duty
• YM: ODND

Roadside Transfer: Either A) Printed Paper Hardcopy

• And Quick Response (QR) Code (Upon Demand)

B) Electronic Transfer

• By One of Several Approved Means

Summary of SNPRM

(cont’d)

Roadside Data Transfer

A) Printed Paper Hardcopy

• And Quick Response (QR) Code (Upon Demand)

B) Electronic Transfer

• By One of Several Approved Means
• Bluetooth, Web Services, Encrypted Email (At least 1)

And at least 1 back-up

• USB and Scannable QR Code, or
• USB and TransJet Transfer

GPS Precision

• Privacy Protection

Muting Devices

• While in Sleep Berth

Employer Prohibition on Harassment

• If Violation Results From Pressure to Drive
• Formal Complaint Process

Driver “owns” Data

• Must Be Provided
• Driver must approve changes

Addressing Harassment

Supporting Documents

• Limit 10 (Maximum) per 24 hour duty period
• Must be retained in a manner that supports matching
• Required Data Elements
• Driver Name
• Date
• Time
• Location

ELD Timeline

• 1. Spring 2015: Final Rule Published
• 2. Spring 2017: Close of 2 year implementation window
• 3. Spring 2019: Close of grandfather provision

Wild Card: Possible litigation may delay everything

Some Concerns

Burden of Proof for Violations

• If Driver is Out of Scope of Employment
• No Knowing and Willful Standard

Malfunction of Device

• Recreate paper logs 7 previous days
• Repair with in 8 days

Ways to Comment Due May 27, 2014

• 1. Online www.regulations.gov
• 2. Mail: Docket Management Facility, U.S. Department
• f Transportation, 1200 New Jersey Avenue SE.,

West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.

• 3. Hand Delivery or Courier: West Building, Ground

Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

• 4. Fax: 202-493-2251.

Questions?