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Use of ELDs for Hours-of-
Service Recordkeeping
Robert King
Greg Nahmens
Federal Motor Carrier Safety
Administration
1
History of EOBR Rulemaking
Supplemental Notice of Proposed Rulemaking
The basics
Applicability; phase-in
Technical elements: AOBRD, vacated 2010 Final
Rule, SNPRM
Other elements: supporting documents, privacy
protection, prevention of driver harassment
Next Steps
Outline of Today’s
Presentation
2
Truck and Bus Safety and Regulatory Reform Act (1988)
Required that Agency rules on electronic recorders ensure
that such devices are not used for driver harassment.
HMTAA (1994)
Required that the Agency’s HOS rules specify “number,
type, and frequency” of supporting documents that must
be maintained.
MAP-21 (2012)
Required the Secretary adopt rules requiring that CMVs
involved in interstate commerce, operated by drivers who
are required to keep RODS, be equipped with ELDs.
Set deadline for prescribing regulations by Oct. 1, 2013.
Legislative Background
3
1988: AOBRD final rule
2000-2003: HOS NPRM proposed HOS
recorders for long-haul/regional carriers; final
rule did not include this provision
2004-2010: EOBR 1 rulemaking
February 2011: EOBR 2 NPRM
August 2011: EOBR 1 Final Rule vacated
2011-2012: MCSAC activity, listening sessions
December 2013: ELD SNPRM
Rulemaking History
4
April 5, 2010 Final Rule
New performance-oriented standards for recorder technology.
Mandatory use of recorders to remediate HOS non-compliance.
Incentives to promote voluntary use of recorders.
Applicable to all motor carriers in interstate commerce
Mandatory only for carriers subject to a Remedial Directive on/after June 2012
5
February 2011 NPRM
Drivers currently using records of duty status
(RODS):
Must use HOS recording devices;
Would not have to maintain and retain certain
categories of HOS Supporting Documents.
All motor carriers (RODS users and timecard
users) must maintain an HOS management
system
Lead time: 3 years after publication of final rule.
6
Court Decision to Vacate
After the 2010 final rule was published, the
Owner-Operator Independent Drivers
Association OOIDA filed suit in the Seventh
Circuit to invalidate it.
In August 2011, the Court invalidated the rule
because FMCSA did not address the issue of
driver harassment.
For this reason, the 2011 NPRM (and any future
rulemaking) could no longer rely on the April
2010 technical specifications for a future ELD
rulemaking. 7
Overview of SNPRM
Four primary components:
(1) Prescribes minimum technical standards for ELDs.
(2) Subject to a limited exception, requires drivers who
need to keep RODS to use ELDs.
(3) Establishes explicit requirements for HOS supporting
documents, specifying the “number, type and frequency” in
accordance with the statute.
(4) Prohibits harassment of drivers and establishes a
complaint process for drivers, due process for carriers and
specifies civil penalties.
8
Generally based on performance -- maximize
flexibility, minimize cost.
Prescriptive outputs proposed to obtain a
consistent enforcement standard.
Includes minimum requirements for information
displayed
Minimum Technical Standards
9
Data Transfer
Transmitted over-the air and via
wired/proximity mechanisms to accommodate
a variety of provider and enforcement needs;
or
Produces printouts as specified.
Wireless: via Webservices, Bluetooth, or email
Email using CMRS, Wi-Fi, WiMax, etc.
Wired backup would be USB 2.0 and either scannable
QR code or TransferJet
Data would be encrypted/secured
10
Options for Roadside* Data Transfer
Capabilities from an ELD
Option 1: Printout Report + QR Code printout
Option 2: Wireless Web Services + USB 2.0 + QR Codes
Option 3: Wireless Web Services + USB 2.0 + TransferJet
Option 4: Bluetooth + USB 2.0 + QR Codes
Option 5: Bluetooth + USB 2.0 + TransferJet
Option 6: Wireless Email + USB 2.0 + QR Codes
Option 7: Wireless Email + USB 2.0 + TransferJet
* Printout is an alternative for roadside only. For carrier reviews, must retain and present data in electronic format, with data transfer via email or webservices or USB 2.0.
11
Subject to limited exception, mandates all drivers and
motor carriers (including passenger carriers) currently
using RODS would be required to use ELDs.
100 air-mile radius drivers may continue to use
timecards, as allowed by §395.1(e)(1).
150 air-mile radius non-CDL freight drivers may continue
to use timecards, as allowed by §395.1(e)(2)
100- and 150- air-mile radius drivers who use paper
RODS more than 8 days in any 30-day period (because
they do not meet the RODS exception), must use ELDs.
ELDs for all RODS-Users
12
Compliance date
Compliance date proposed 2 years after
Final Rule is published
AOBRDs compliant with § 395.15 that
were installed before the compliance date,
could be used for 2 more years.
AOBRDs must be upgraded or replaced
with ELDs within 4 years of the publication
of the Final Rule.
13
ELD Technology: basic information
Identity of the driver
Duty status (OD-D, ODND; OffD; SB)
Date, time, location at each change of duty
status
Distance traveled
24-h period starting time; 7/8 day basis
Hours in each duty status (24-h, total)
Carrier’s USDOT number
Truck/tractor and trailer ID14
Proposed Data Elements 24-Hour Period Starting Time
Carrier Name
Carrier’s USDOT Number
CMV Power Unit, Trailer Number(s)
CMV VIN
Comment/Annotation
Data Diagnostic Event Indicator Status
Date and Time
Distance Since Last Valid Coordinates
Driver’s License Issuing State
Driver’s License Number
Driver’s Location Description
ELD Account Type
ELD Authentication Value
ELD Identifier
ELD Registration ID
ELD Username
Engine Hours
Event Code
Event Data Check Value
Event Record Origin
Event Record Status
Event Sequence ID Number
Event Type
Exempt Driver Configuration
File Data Check Value
First and Last Name
Geo-Location
Latitude and Longitude
Line Data Check Value
Malfunction/Diagnostic Code
Malfunction Indicator Status
Multiday Basis Used
Order Number
Output File Comment
Shipping Document Number
Time Zone Offset from UTC
Vehicle Miles
Black same as EOBR FR
Blue modified from EOBR FR
Red new for ELD SNPRM
15
Dedicated Device
Phone
Communication
Personal Activities ELD
Navigation
Asset Mgt
GPS
ELD
Navigation
Vehicle Control System
ELD
Diagnostics
Tablet
ELD
Personal Activities
FMS
ELD
Communication
Emergency Control
Navigation
Diagnostics
Asset Mgt
ELD
A Stand-alone ELD
ELD an app within a Fleet Management
System
ELD an app
within a navigation
system
ELD an app within a
Smartphone
ELD an app
within a handheld
device
ELD an app within an existing vehicular control system (e.g.
Engine Control Module)
Alternative ELD ImplementationPossibilities
16
Integral Synchronization
AOBRD Integral synchronization required, but term not
defined in the FMCSRs
2010 Final
Rule
Integral synchronization required, defined to
specify signal source internal to the CMV
ELD
SNPRM
Integral synchronization with the CMV
engine*, to automatically capture engine
power status, vehicle motion status, miles
driven, engine hours.
17
* For MY 2000 and later, interfacing with
engine ECM.
Recording Location Information
AOBRD Required at each change of duty status.
Manual or automated
2010 Final
Rule
Require automated entry at each change of
duty status and at 60-minute intervals while
CMV in motion.
ELD
SNPRM
Require automated entry at each change of
duty status, at 60-minute intervals while
CMV is in motion, at engine-on and engine-
off instances, and at beginning and end of
personal use and yard moves. 18
Graph Grid Display
AOBRD Not required – “time and sequence of duty
status changes”
2010 Final
Rule
Not required on EOBR, digital file to generate
graph grid on enforcement official’s portable
computer.
ELD
SNPRM
An ELD must be able to present a graph grid
of driver’s daily duty status changes either on
a display unit or on a printout19
HOS Driver Advisory Messages
AOBRD Not addressed
2010 Final
Rule
Requires notification at least 30 minutes
before driver reaches 24-hour and 7/8 day
driving and on-duty limits
ELD
SNPRM
HOS limits notification not required.
“Unassigned driving time/miles” warning
provided upon login.
20
Device “Default” Duty Status
AOBRD Not addressed.
2010 Final
Rule
On-duty not driving when the vehicle is
stationary (not moving and the engine is off)
5 minutes or more.
ELD
SNPRM
On-duty driving, when CMV has not been in-
motion for 5 consecutive minutes, and
driver has not responded to an ELD
prompt within 1 minute. No other non-
driver-initiated status change is allowed.21
Clock Time Drift
AOBRD Not addressed.
2010 Final
Rule
Absolute deviation from the time base
coordinated to UTC shall not exceed 10
minutes at any time.
ELD
SNPRM
ELD time must be synchronized to UTC,
absolute deviation must not exceed 10
minutes at any point in time.
22
Communications Methods
AOBRD Not addressed – focused on interface
between AOBRD support systems and
printers
2010 Final
Rule
Wired: USB 2.0 implementing Mass Storage
Class 08H for driverless operation.
Wireless: IEEE 802.11g, CMRS.
ELD
SNPRM
Primary: Wireless Webservices or Bluetooth
2.1 or Email (SMTP) or Compliant Printout
Backup Wired/Proximity: USB 2.0* and
(Scannable QR codes, or TransferJet*)* Except for “printout alternative”
23
Resistance to Tampering
AOBRD AOBRD and support systems, must be, to the
maximum extent practical, tamperproof.
2010 Final
Rule
… must not permit alteration or erasure of
the original information collected concerning
the driver's hours of service, or alteration of
the source data streams used to provide that
information.
ELD
SNPRM
An ELD must not permit alteration or
erasure of the original information collected
concerning the driver’s ELD records or
alteration of the source data streams used
to provide that information. An ELD must
support data integrity check functions. 24
Identification of Sensor
Failures and Edited Data
AOBRD 395.15(i)(7) Must identify sensor failures and
edited data
2010 Final
Rule
The device/system must identify sensor
failures and edited and annotated data
when downloaded or reproduced in printed
form.
ELD
SNPRM
An ELD must have the capability to monitor
its compliance (engine connectivity, timing,
positioning, etc.) for detectable malfunctions
and data inconsistencies. The ELD must
record these occurrences.
25
HOS Compliance Checking
Software (e.g. eRODS)
Features
Reads HOS log file from ELDs & Carriers’
support systems
Creates graph grid on officer’s computer
Identifies and lists violations for officers’ review
Enables officers to enter supporting docs’
timestamps
Use at roadside inspections and during on-site
reviews26
HOS Compliance Checking
Software (e.g. eRODS)
Benefits
Eliminates need to manually reconstruct logs
at roadside
Checks multiple drivers during on-site
reviews
FMCSA supported application
Part of Mobile Client suite of applications
Integrated with Aspen and CAPRI functions
27
28
29
30
31
Applies to documents generated or received by a motor
carrier in its normal course of business.
Generally, documents received to verify driving time
would no longer be required.
Proposes to cap document retention at 10 documents
per driver duty day.
Driver must submit documents to motor carrier within 8
days.
Supporting Documents
Requirements
32
Supporting Documents (more)
Limits supporting documents to 5 categories:
Bills of lading/itineraries/schedules/equivalent
with trip origin and destination;
Dispatch records/trip records/equivalent;
Expense receipts;
Electronic mobile communication
records/FMS communications; and
Payroll records/settlement sheets/equivalent
documents that indicate what and how a
driver was paid.
33
Supporting Documents (still more)
A supporting document must have the following
elements:
Driver name/number assigned to driver by
carrier;
Date;
Location; and
Time.
34
Privacy of ELD data
Concerns: Potential misuse of data, invasion of
driver privacy
What SNPRM Proposes :
HOS data is used to determine HOS compliance
Location information only to level of city/town/village
No inquiry into off-duty activities except in context of
investigation of a crash or alleged FMCSR violation
35
FMCSA defines harassment as: “… action by a motor
carrier toward a driver … involving use of information
available through an ELD … or [related] technology that
motor carrier knew, or should have known, would result
in … violat[ion] of § 392.3 or part 395…”
Violation would be considered an “acute” violation under
Safety Fitness Determination (SFD) procedures, would
result in a civil penalty.
ELD technical specifications would include protections,
i.e., mute option when driver is in the sleeper berth;
access to driver’s own records documenting HOS.
SNPRM would establish a formal complaint process.
Prohibitions on Harassment
36
Regulatory Options
Option 1: Mandate ELDs for all CMV operations;
Option 2 (Agency’s preference): Mandate
ELDs for all CMV operations where the driver is
required to complete RODS;
Option 3: Population of Option 1 and require the
devices to be capable of printing the RODS.
Option 4: Population of Option 2 and require the
devices to be capable of printing the RODS.
37
Economic Analysis
Option 2 is the preferred option.
38
Table 3. Annualized Costs and Benefits ($2011 millions, 7 Percent Discount Rate) 1
Option 1 Option 2 Option 3 Option 4
New ELD Costs $1,270.0 $955.7 $1,722.6 $1,311.1
AOBRD Replacement Costs $8.7 $8.7 $8.7 $8.7
HOS Compliance Costs $726.6 $604.0 $726.6 $604.0
Enforcement Training Costs $1.7 $1.7 $1.7 $1.7
Enforcement Equipment Costs $2.0 $2.0 $0.0 $0.0
Driver Training $8.5 $6.7 $8.5 $6.7
Total Costs $2,017.4 $1,578.7 $2,468.0 $1,932.1
Paperwork Savings $1,637.7 $1,637.7 $1,637.7 $1,637.7
Safety Benefits $474.8 $394.8 $474.8 $394.8
Total Benefits $2,112.5 $2,032.5 $2,112.5 $2,032.5
Net Benefits $95.1 $453.8 -$355.5 $100.4
2
Next steps …
March 28, 2014: SNPRM published
June 26, 2014: End of comment period
Late 2015: Publish final rule
2 years after final rule is published: first
compliance date
4 years after final rule is published: second
compliance date
RIN 2126-AB20 in http://regs.dot.gov39
Thank you very much!
Questions? Contact Deborah Freund,
Vehicle and Roadside Operations Division,
Office of Bus and Truck Standards and
Operations
Email: [email protected]
40