Electronic Logging Device Frequently Asked Questions
Q: When does the mandate take effect?
A: December of 2017, unless you have existing ELD like devices that meet the current AOBRD rule in part 395.15. If so, you may continue to use those devices until December of 2019.
Q: Are there exemptions to the new rule?
A: You are exempt if:
You are operating a truck older than 2000 model year;
You are not required to keep a log more than 8 days in a rolling 30 day period;
You meet the exemption to use time records in lieu of log books;
You are a drive away/tow away operation where the vehicle is the product delivered
Q: Am I exempt from the ELD Mandate because I stay in one state and within 100 air miles, and do not transport placarded amounts of hazmat?
A: Yes. If exempt from HOS currently, you are exempt from ELD’s.
Q: I am a private carrier (not for hire), am I exempt from the mandate?
A: No. If you currently are required to keep log books, the ELD Mandate applies.
Q: What happens if my ELD malfunctions?
A: If a device fails, there is no enforcement issue concerning a driver switching from electronic logs to paper logs. A driver may use a paper log OR an automatic onboard recording device (AOBRD). The carrier decides which one the driver is to use. You have to recreate the current days and the previous 7 days, if they are not retrievable from the ELD. ELD’s must be repaired within 8 days, unless granted an approved FMCSA approved extension. NOTE: In the event of malfunction, regulations require that paper logs be maintained in truck as back up. A hard copy of the operator’s manual must be readily available for law enforcement as well.
Q: Where can I obtain an ELD and what are the costs?
A: ELD’s are available from a variety of sources. You can google ELD or check with other motor carriers for references. Doing homework is suggested as ELD’s can serve greater purposes to assist motor carriers with other compliance such as IFTA/IRP. Costs vary but are coming down due to competition.
Q: Are there protections in the mandate to protect drivers from harassment?
A: Yes. the final rule contains several protections. See ATA summary for further information.