FMCSA Pondering ELD Changes, Wants Feedback

Federal regulators are weighing numerous changes to the rules for electronic logging devices (ELD) and are seeking industry input. 

In a Sept. 16 Federal Register notice of proposed rulemaking, the Federal Motor Carrier Safety Administration (FMCSA) said it wants to clarify ELD regulations in the following five areas: 

  • ELD requirements for pre-2000 engines 

  • Handling ELD malfunctions 

  • Technical specifications for ELDs 

  • The FMCSA’s process for certifying ELDs 

  • How ELDs are removed from the FMCSA’s list of certified devices 

  • Many vehicles with pre-2000 engines have engine control modules that could accommodate an ELD, according to the notice. The FMCSA wants to know if it should “reevaluate or modify the applicability of the current ELD regulation for rebuilt or remanufactured CMV engines or glider kits.” 

The existing regulations specify that when an ELD malfunctions, the driver must switch to paper logs, unless the malfunctioning ELD continues to accurately record hours.  

Thus, the FMCSA is asking whether it should amend the rules “to clarify when a driver must switch to paper logs.” 

Getting Technical 

For the technical specifications, the administration is considering adding the following data elements to every event: 

  • Actual odometer 

  • Actual engine hours 

  • Location description 

  • Geolocation 

  • VIN 

  • Power unit 

  • Shipping document number 

  • Trailer number 

  • Driver 

  • Co-driver (if applicable) 

  • Which of the two drivers was behind the wheel at the time, if there is a co-driver 

The FMCSA believes recording this information would “allow the technical specifications to be modified to eliminate the requirements of providing power up and shut down events from vehicles a driver has previously operated that are not associated with the requested driver’s data.” 

The Transportation Department division is also asking if it should establish a certification process for ELDs and, if so, what the process should consist of and how existing devices should be treated. 

In that same vein, the FMCSA is asking if an ELD provider goes out of business and fails to self-revoke, should the device be immediately removed from the certified list?  

Lastly, it wants to know if ELD providers should be required to confirm their information on an annual basis and if the response time for potential removal should be shortened from 60 days to 30. 

Comments submitted by Nov. 15 will be factored into the rulemaking process.