FMCSA Update TTA Middle Tennessee ELD and SFD Update
January 2016 The purpose of this presentation is to provide information about the plan for implementing the final rule titled, Electronic Logging Devices (ELDs) and Hours-of-Service (HOS) Supporting Documents (ELD rule). Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Agenda Timeframe of Phase I What Options do Motor Carriers have for Recording Hoursof Service? Definition of devices What will be required of Motor Carriers during RoadsideInspections What cites are applicable What will be required of Motor Carriers duringInvestigations The Harassment Provision Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Agenda Cont: Safety Fitness Determination ProposedRule Basic Provisions Differences from current Safety Ratingsystem Using the SFD Calculator Federal Motor Carrier Safety Administration ELD Phase 1: Awareness and Transition
Four Year implementation/transition period What is FMCSAs plan for implementing the ELD rule? The ELD implementation plan will consists of 3 phases: Awareness and Transition phase Phased-in compliance phase Full compliance phase - Paper logs and logging software- must transition to ELDs no later than Dec 18, 2017 - ABORDs- must transition to ELDs no later than Dec 16, 2019 Federal Motor Carrier Safety Administration Phase 1: Awareness and Transition
System providers register and certify their ELDs a ComplianceTest Procedure is on FMCSAs website: https://www.fmcsa.dot.gov/hours- service/elds/equipment-registration Motor Carriers can use : ELDs; Automatic On-board Recording Device (AOBRD); Devices with Logging Software Programs Paper logs for records of duty status During the Awareness and Transition phase motor carriers can voluntarily use ELDs. If a motor carrier chooses to operate with an ELD the device must be registered with FMCSA. The provided link will have a list of certified and registered ELDS. During this phase drivers/carriers can use: ELDs, AOBRDs, Devices Installed with logging software and applications, and paper logs Federal Motor Carrier Safety Administration Phase 1: Awareness and Transition continued
Authorized safety officials need to distinguish thedifferent types of devices and cite the appropriateregulation or guidance for enforcement purposes Harassment Legal Procedures If the device is not registered with FMCSA the device must meet the definition of an AOBRD or meet the requirements of The harassment provisions in the ELD Rule will be implemented to all ELDs registered during the awareness and transition phase. Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Automatic On-Board Recording Device (AOBRD)and Device with Logging Software and Applications AOBRD Integrally Synchronized Automatically records drivers driving status Device with Logging Software and Application Not Integrally Synchronized Manually input driving duty status The term ELD was often used to descript a device that electronically logged a drivers HOS. This has caused some confusion. There are 3 different devices that FMSCA has allowed the motor carrier industry to use to record drivers HOS. That is an: AOBRD Which is defined in 49 CFR 395.2, as an electric, electronic, electromechanical, or mechanical device capable of recording a drivers duty status information accurately and automatically as required by 49 CFR The device must be integrally synchronized with specific operations of the CMV in which it is installed.At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day. Logging Software Programs and Applications As described in the federal register notice titled, Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Records of Duty Status Generated by Logging Software Programs (79 FR 39342) issued on July 10, 2014, logging software programs and applications are not AOBRDs.However, they may be used as an alternative to handwritten RODS.Drivers can manually enter their HOS information using the application or software program on the device, and then, manually or electronically sign the RODS at the end of each 24-hour period to certify that all required entries are true and correct.The display and output from these devices must meet the requirements in 49 CFR Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
What is an ELD? A device that: Is integrally synchronized with the engine of thecommercial motor vehicle (CMV) Automatically records a drivers driving time Facilitates the accurate recording of the drivers HOS Meets the technical specifications of the ELD rule Listed on FMCSAs ELD registration list:https://www.fmcsa.dot.gov/hours- service/elds/equipment-registration (registration list to be available Feb 16, 2016) An ELD is a device or technology that automatically records a drivers driving time and facilitates the accurate recording of the drivers HOS, and meets the technical specifications of the ELD rule.An ELD must be integrally synchronized with the engine of the commercial motor vehicle (CMV). An ELD must be certified and registered with FMCSA. Said ELDs will be listed at Federal Motor Carrier Safety Administration In What Form can an ELD be in?
Smart Phones Laptops Tablets Like an AOBRD an ELD can come in the form of a smart phone, laptop, tablet, etc. Federal Motor Carrier Safety Administration Printing Requirements have not Changed
Device Type Required to have printout during roadside inspection: Guidance found in: Automatic On-Board Recording Device No. Notice of Regulatory Guidance: Automatic On-Board Recording Devices (FR ) Logging software and application device with electronic signature capabilities Yes, at the request of an enforcement official. If the driver is unable or refuses to provide the requested printout, the driver should be cited 395.8(a) or 395.8(k)(2).Driver must be given the opportunity to print current and prior seven days RODs at roadside. Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Records of Duty Status Generated by Logging Software Programs (79 FR 39342) Logging software and application device without electronic signature capabilities Yes. Driver must be given the opportunity to print current day RODS at roadside. Here is an overview of the printing requirements. These printing requirements have not changed. In regards to the device installed with logging software and application with electronic signature the inspector may use the devices display screen or request the driver to print his or hers RODS to verify a drivers HOS. There are some states that will not allow inspectors to review drivers HOS on a device other than an AOBRD, those inspectors can request a print out and the driver is required to adhere to the inspectors request. Federal Motor Carrier Safety Administration ELD Printing Requirement
Motor carriers/ Drivers Choice Printout Display- must be visible to roadside officers withoutrequiring entry of vehicle (ELD must have either a display or printout capability,printing is not required) During the Transition and Awareness phase, the driver must provide their records of duty status by the way of a printout or the display screen. Not all ELDs will have a print option but if it does, the display requirements do not apply.The screen display is required to be visible to enforcement officials without entering the commercial motor vehicle.For example, the display may be untethered or connected in a way it may be passed outside the vehicle at a reasonable distance. If the inspector has a means by which to do so, RODS may be accepted by way of fax,or other method of transmission. Whether the device offers printing capabilities or a display, the information provided must include a daily header, graph grid and detail log data. Federal Motor Carrier Safety Administration Vehicle Equipped with a Electronic Device and Driver has Paper RDS
Motor Carrier/ Driver declares official method Inspector can use electronic device as a supportingdocument If a vehicle is equipped with a electronic device and the driver opts to use paper RODS, the driver must declare the official method of how he/she is recording their HOS to the inspector. The inspector can contact the drivers employer to confirm the method, but the inspector must proceed with the inspection if the inspector cannot get ahold of the employer. The inspector may check the paper RODS against the electronic device and cite any discovered violations. Federal Motor Carrier Safety Administration ELD Information included in Daily Header
Exempt Driver Status File Comment Miles Today Print/Display Date Record Date Shipping ID Start/End Engine Hours Start/End Odometer Time Zone Trailer ID Truck Tractor VIN USDOT # 24-Hour Period Starting Time Carrier Name Co-Driver Name Co-Driver ID Current Location Data Diagnostic Indicators Driver Name Driver ID Drivers License # Drivers License State ELD Malfunction Indicators ELD Manufacturer Name ELD Registration ID Truck Tractor ID Unidentified Driver Records Red are new elements. Looking at this slide, you will see a complete listing of all required daily header information.The information listed in red is in addition to what we are used to seeing on a paper log. 24-Hour Period Starting Time Carrier Name/USDOT # Driver Name and ID (the driver ID would be their Username) Drivers License # And issuing State Co-Driver Name and ID once again that would be the co-driver ID Current Location Data Diagnostic Indicators ELD Malfunction Indicators ELD Manufacturer Name ELD Registration ID Unidentified Driver Records Exempt Driver Status Miles Today Print/Display Date Record Date the date of the RODS Shipping ID Current Engine Hours Current Odometer Time Zone Truck Tractor ID and VIN Trailer ID As you can see, there is a lot more information required for an ELD. Federal Motor Carrier Safety Administration ELD Information Daily Header
Screenshot of a daily header showing all data elements, including new items (not found on a paper ROD): Driver License Number Driver License State ELD ID Time zone ELD Manufacturer Data diagnostic indicator Driver ID Unidentified Driver Records ELD Malfunction indicators Exempt Driver status Start and Engine Hours Print/Display Date Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
24-hour Duty Status Grid For the printout, the size of the graph-grid for each days RODS must be at least 6 inches by 1-1/2 inches.It must also overlay periods of the drivers indications of authorized personal use of the CMV and yard moves using a different style line (It could be a dashed or dotted line) or shading.The appropriate abbreviation must also be indicated on the graph grid. Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
ELD Detail Log Data The detail log data reflects information on the graph grid as well as other events such as, login, power up. Federal Motor Carrier Safety Administration What is to be Expected during Investigations
6 months worth of Records of duty status All supporting documents Review of system management controls: Unassigned miles Log Edit audit trails Tampering/disconnects/odometer jumps On-duty time falsification Federal Motor Carrier Safety Administration Citing During Phase I Roadside and Investigations
AOBRD All of Part 395 except for Devices installed withlogging software applications All of Part 395 except and 395.8(d)(7) The CVSA Out of Service Criteria is applicable to all devices If it is determined that the driver is using an AOBRDthen any violations discovered related to the AOBRD should be cited under all other HOS violations discovered on the AOBRD may be cited under Part 395. Devices installed with logging software and applications are subject to part 395 except During the transition and awareness phase ELDs are subject to all of part 395 except and (d)(7) no main office address Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
8 Days in 30 Threshold Drivers required to use Records of DutyStatus infrequently or intermittently maycontinue to use paper RODS providedthey are not required to use RODS morethan 8 days in any 30 day period. Federal Motor Carrier Safety Administration Harassment Legal Procedures
Rule requirements to file a complaint aboutharassmenta driver should file a written complaint: Within 90 days of the event Using the National Consumer Complaint Database(http://nccdb.fmcsa.dot/gov)or With the FMCSA Division Administrator for the State(http://www.fmcsa.dot.gov/mission/field-offices) wherethe driver is employed Specifically with respect to harassment, complaints alleging harassment can be filed by a driver (1) through the National Consumer Complaint Database, or (2) with the FMCSA Division Administrator for the State where the driver is employed.The Agency may then refer the complaint to the Division Administrator it believes is best able to handle the complaint. Information on filing a written complaint may be obtained by calling DOT-SAFT ( ). FMCSA believes the effective enforcement of the harassment prohibition requires that harassment be defined by objective criteria. Because harassment will be considered in cases of alleged hours-of-service violations, the penalty for harassment is in addition to the underlying violation under 49 CFR or part 395. As noted earlier, an underlying violation must be found in order for a harassment penalty to be assessed Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Harassment Complaint Drivers name, address, and telephone number Name and address of the motor carrier allegedly harassing thedriver Statement of the facts to prove each allegation of harassment How the ELD or other technology used with the ELD added toharassment Date of the alleged action How the motor carriers action violated either 49 CFR or 49 CFR395 Drivers signature Supporting evidence Each complaint must be signed by the driver and must contain: i) The drivers name, address, and telephone number; (ii) The name and address of the motor carrier allegedly harassing the driver; and (iii) A concise but complete statement of the facts relied upon to substantiate each allegation of harassment, including: A) How the ELD or other technology used in combination with and not separable from the ELD was used to contribute to harassment; (B) The date of the alleged action; and (C) How the motor carriers action violated either or part 395. Additionally, each complaint may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint. Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Summary Awareness Transition Phase February 16, 2016 throughDecember 18, 2017 Voluntary use of ELDs ELDs must be certified and registered with FMCSA Drivers can choose to present their HOS at roadside bythe ELD display screen or printout Supporting documents and record retentionrequirements remain in place Drivers can file a harassment complaint The awareness and transition starts 2/16/2016 and ends 12/18/2017 ELDs have been added to the list of devices that motor carriers can use to record HOS in addition to paper RODS during the awareness and transition phase Drivers can choose to present their HOS by display or printout when using an ELD Federal Motor Carrier Safety Administration Safety Fitness Determination
Notice of Proposed Rulemaking Initial comment period ends March 21, 2016 Replaces current 3 tier System (Satisfactory,Conditional, Unsatisfactory) with a singledetermination of Unfit Will assess Safety Fitness of approximately 75,000carriers per month, vs currently about 15,000 per year Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Why SFD? FMCSA is able to evaluate carrier fitness for only about 15,000 motor carriers per year- SFD will evaluateapproximately 75,000 carriers per month Current Ratings may be based on assessmentsconducted years ago, and may be an unreliableindicator of current safety.SFD will be updatedmonthly. Current Rating is almost entirely based on on-siteassessment.SFD will combine on-site assessment dataand roadside performance data into a single Fitnessdetermination. Federal Motor Carrier Safety Administration SFD Unfit Determination
Carrier may be determined to be Unfit through acombination of roadside inspection, crash reporting,and on-site investigations Will be possible to be determined Unfit solely throughroadside inspection and crash reporting Carriers determined to be Unfit must either improvesafety performance or cease operations Federal Motor Carrier Safety Administration SFD- Unfit Determination
FMCSA proposed SFD criteria would resultin approximately 2.5 times more carriersdetermined to be Unfit through acombination of on-site investigation resultsand roadside data Based on 2011 data, about 3,056 motorcarriers would received a proposeddetermination of Unfit Federal Motor Carrier Safety Administration SFD- Fixed Performance Vs. Peer Ranking
SFD proposes evaluating carrier Fitness based on afixed failure threshold CSAs Safety Measurement System uses Peer Groupingand Percentile Ranking to determine carrier safetyperformance scores. SFD will NOT use percentile based rankings-assessment is made using a fixed performancestandard Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Resources ELD: service/elds/electronic-logging-devices (newsletter sign up available) SFD: (includes webinar, SFD calculator) Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration
Questions? Jon Dierberger, Division AdministratorFMCSA Tennessee Federal Motor Carrier Safety Administration