NLBMDA Regulatory Update:
Electronic Logging Device Phase-In Requirements and Exemptions

Phase II begins Today - December 18, 2017

Overview

The ELD Rule applies to most motor carriers and drivers who are currently required to maintain records of duty status (RODS). Phase 2 begins December 18, 2017, requiring covered entities to have ELDs or Automatic On Board Recording Devices installed. There are several exemptions to the rule that may apply to LBM dealers.
 
This update does not address the selection, installation or use of ELDs. However, the Federal Motor Carrier Safety Administration has several resources online, including its Checklist: Choosing an Electronic Logging Device .
 
Exemptions to the Rule

Drivers who use the timecard exception are not required to keep records of duty status (RODS) or use ELDs. See the short haul exemptions below.

Additionally, the following drivers are not required to use ELDs:

  • Drivers who use paper RODS for not more than 8 days out of every 30-day period.
  • Drivers of vehicles manufactured before 2000.
  • Drivers who are required to keep RODS not more than 8 days within any 30-day period.
  • Drivers of vehicles manufactured before the model year 2000. (As reflected on the vehicle registration)

Note: Drivers who meet one of these exemptions are still bound by the RODS requirements ( FMCSR 395, Hours of Service Drivers ) and must prepare logs on paper, using an Automatic On-Board Recording Device (AOBRD), or with a logging software program when required.

Short Haul Operations Are Also Exempt

Short haul operations are exempt from FMCSR 395.8, Driver’s Record of Duty Status , and therefore are exempt from the ELD requirements.

A driver is exempt from Section 395.8: Driver’s record of duty status if;

  • The driver operates within a 100 air-mile radius of the normal work reporting location
  • The driver returns to the work reporting location and is off work within 12 consecutive hours
  • The driver has at least 10 consecutive hours off duty separating each 12 hours on duty
  • The driver does not exceed the maximum applicable driving time specified in Section 395.3(a (3) following 10 consecutive hours off duty
  • The motor carrier maintains for a period of 6 months records showing the total hours on duty per day

(FMCSR 395.1(e)(1): Scope of rules in this part; Short-haul operations; 100 air-mile radius driver)

A similar short haul exemption applies to drivers when driving vehicles that do not require a CDL. What differs from the general rule above is that for vehicles not requiring a CDL, the air mile radius is 150 rather than 100.
 
A driver is exempt from Section 395.3(a)(2) and Section 395.8 (and ineligible to use the provisions of §395.1(e)(1), (g), and (o)) if;

  • The CMV does not require a Commercial Driver’s License per Section 383
  • The driver operates within a 150 mile-radius of the location where the driver reports to and is released from work
  • The driver returns to this location at the end of each duty tour
  • The driver does not drive after the 14th hour after coming on duty on 5 days of any period of 7 consecutive days and after the 16 hour after coming on duty 2 days of any 7 consecutive days
  • The motor carrier maintains for a period of 6 months records showing the total hours on duty per day
 
(FMCSR 395.1(e)(2): Scope of rules in this part; Short-haul operations; Operators of property-carrying commercial motor vehicles not requiring a commercial driver’s license)

Drivers who qualify for these exemptions must maintain a record of:

  • The time they go on duty
  • The total number of hours they are on duty
  • The time they go off duty

Short Term Rentals

FMCSA granted a limited exemption from the ELD rule that provides that all drivers of property-carrying commercial motor vehicles (CMVs) rented for 8 days or less, regardless of reason, are not required to use an ELD in the vehicle.
 
While operating under this exemption, drivers will remain subject to the standard hours-of-service (HOS) limits, maintain a paper record of duty status (RODS) if required, and maintain a copy of the rental agreement on the vehicle.
 
Terms of the Short-Term Rental Exemption:
 
  • This exemption from the requirements of 49 CFR 395.8(a)(1)(i) is effective from October 11, 2017 through October 11, 2022.
  • This exemption covers a rental period of 8 days or fewer, regardless of reason for the rental. Evidence that a carrier has replaced one rental CMV with another on 8-day cycles or attempted to renew a rental agreement for the same CMV for an additional 8 days will be regarded as a violation of the exemption and subject the carrier to the penalties for failure to use an ELD.
  • Drivers must have a copy of this notice or equivalent signed FMCSA exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request.
  • Drivers must have a copy of the rental agreement in the CMV, and make it available to law enforcement officers on request. The agreement must clearly identify the parties to the agreement, the vehicle, and the dates of the rental period.
  • Driver must possess copies of their RODS for the current day and the prior 7 days, if required on those days.
The Three Phases

The EDL rule is being phased in. The Effective Date February 16, 2016 was set 60 days after the rule’s publication in the Federal Register. Phase 1 ends on the Compliance Date, December 18, 2017, two years after the rule’s Effective Date. Phase 2, the Phase-in Compliance period, is the next two-year period, ending December 16, 2019. Phase 3 is the Full Compliance period, beginning on December 16, 2019.
 
Implementation Phase Compliance Table
Phase 1: Awareness and Transition Phase : The two-year period following publication of the ELD rule February 16, 2016 to December 18, 2017 .

During this time, carriers and drivers subject to the rule should prepare to comply, and may voluntarily use ELDs. Carriers and drivers subject to the rule can use any of the following for records of duty status (RODS):

  • Paper logs
  • Logging software
  • AOBRDS (Automatic On Board Recording Devices)
  • ELDs that are registered and listed on the FMCSA website

Phase 2: Phased-In Compliance Phase: The two-year period from the Compliance Date to the Full Compliance Phase (four years following ELD rule publication)  December 18, 2017 to December 16, 2019 . Carriers and drivers subject to the rule can use:

  • AOBRDS that were installed prior to December 18, 2017.
  • Certified, registered ELDs following rule publication December 16, 2015.

Phase 3: Full Compliance Phase : After December 16, 2019 all drivers and carriers subject to the rule must use certified, registered ELDs that comply with requirements of the ELD regulations.

Resources







Questions? Contact Frank Moore, NLBMDA Regulatory Counsel at Frank@Dealer.org .