Welcome to Part I of our two-Part series looking at ELD compliance best practices. In this latest QuickTSI Blog deep dive, we will look at the ELD mandate itself and best practices for using ELDs across a wide array of fleet types and sizes. In Part II, we will take you deep into the technology and discuss the characteristics to look for in an ELD solution.
Electronic Logging Devices (ELDs) have thrust telematics into the limelight thanks to a federally mandated adoption by US motor carriers and truck drivers, and soon by Canadian carriers as well. While owner-operators and many fleets, especially smaller ones, at first resisted implementation of mandated ELDs, smart carriers and fleet owners have dialed in the technology and now leverage their investment in these devices to create considerable new value. There is a learning curve, but once these systems are in place it is not long before even stubborn fleets see the benefits.
A Brief History of the ELD
The rise of the ELD was precipitated by an ongoing argument surrounding a ubiquitous term every trucking company is familiar with: Hours of Service. Hours of service has always been a thorn in the side of both regulators and trucking companies and the ELD mandate was meant to address paper log issues and other documentation issues related to old hours of service regulations. This is where the MAP-21 Act came in.
In the MAP-21 Act, the US Congress mandated adoption of ELDs with the aim of improving safety and recordkeeping efficiency. The idea at the time was that compared to the traditional paper logs, which had falsification and other problems, electronic logging of the actual hours a truck is driven will improve compliance with HOS (hours of service) rules and reduce the administrative burden of paper recordkeeping.
While the road was windy, full adoption is here. Here is how the timeline played out:
- The Federal Motor Carrier Safety Administration (FMCSA) issued the final ELD rule on December 16, 2015. It requires that all interstate motor carriers ensure their rigs are equipped with an approved electronic logging device.
- As of December 18, 2017, tractors can no longer use paper logs or logging software, but must use an ELD (or an AOBRD installed prior to 12/18/17).
- As of December 18, 2019, all AOBRDs are no longer allowed; only approved ELDs can be used.
The next question is, what constitutes an approved ELD?
FMCSA ELD Guidelines
The FMCSA has provided specific guidelines on what constitutes an approved ELD. First, the ELD must record the vehicle’s location at least once an hour. They must also be able to transmit a Record of Duty Status (ROD) using either telematics or a local format, whether Bluetooth or USB. ELDs must also be mutable while a truck driver is sleeping in a berth.
Per the regulations, if an ELD malfunctions, it must be repaired within eight days and truck drivers must immediately reconstruct on a paper log the last seven days of driving, unless that data can still be retrieved or was already sent. Truck drivers must also be allowed to make edits or annotations to records, but the original records must always remain. Finally, it is up to the ELD OEM themselves to ensure their devices are tested and meet FMCSA standards.
Canadian ELD Guidelines
North American transport includes every country in North America. Consider that almost $700 billion per year of transport occurs across the U.S.-Canadian border; what goes on in the Canadian transport sector very much matters. And in this case, Canadian truck drivers will soon be under similar guidelines as U.S. trucking companies.
Our friends to the north will have to adhere to an ELD mandate of their own come June 12, 2021. Their rule was first proposed December of 2017 and the final rule was published on June 13, 2019. Over that time, it has since gone through its own Canadian-style vetting process.
The rule requires Canadian motor carriers to implement ELDs by June 12, 2021. Unlike the grace periods provided in the United States, there is no additional transitional period for drivers and vehicles already using ERDs, as there was in the 2017 draft rule. Commercial motor vehicles with existing AOBRD/ERD devices must meet the same 2021 deadline as those currently using paper logs.
There are some key differences between the U.S. and Canadian ELD rules. Canada, for instance, has not yet developed a central system for inspectors to use at roadside checks like the eRODS system used by inspectors and troopers in the U.S. Canadian ELDs will also need to allow truck drivers to switch between HOS rulesets depending on which province or even country they are operating in.
Canadians also take ELD regulations a step further. While U.S. ELD vendors can self-certify, ELDs used on Canadian roads must go through an independent verification process. Trucking companies will also not be required to capture VIN information in their ELD.
A Beginner’s Look at Best Practices
Motor carriers in the United States have now had plenty of time to use ELDs and figure out their ins and outs. Based on the experience to-date of US carriers and fleets, there are a number of best practices that can be applied to ensure a smoother transition, minimize disruption and capacity loss, and maximum benefits from ELD adoption.
The first thing a fleet manager must do is ensure they lay out a clear plan for how the fleet will operate the ELDs they plan on investing in. From the fleet manager down through operations, customer service, technicians, and even back office and IT staff, the use of an ELD touches all departments. Management must form goals, strategy, timelines, metrics, KPIs, targets, and have clear processes in place surrounding all of them.
Company policies and procedures must be fashioned to include telematics and ELD compliance terminology and practices, such as the process for logging a truck driver’s status, during inspections, maintenance, and other actionables related to the functioning of their rig.
The policies should clearly indicate how the ELD data will be used and what it must not be used for. Harassment using ELD data is forbidden by law and antiharassment policies should be clearly laid out. Policies requiring compliance and forbidding driving violations should be unambiguously spelled out, along with consequences for non-compliance.
Communication is Key
Trucking companies need to make sure their frontline truck drivers feel comfortable bringing concerns to management. They need to have a confidential whistleblower mechanism to use if the policy is not being followed by management.
Communications and dialog with truck drivers and operations should begin well before implementation and continue, often, to keep reminding drivers and others of the goals and benefits of the new ELD program. In many cases, the vendor you work with will send in representatives you can use to help get your staff up-to-speed on implementation.
Finally, make sure you provide a mechanism for truck drivers to express their concerns and grievances privately. This helps fleet managers find out where some extra care (and possibly adjustments) are needed within the new adoption timeline or implementation program.
One thing you need to consider is that all of this takes time. Starting with organizing the steering committee, setting vision and goals, setting up training programs, evaluating and selecting devices, apps, and software, acquiring, implementing and testing; there is a lot to consider!
Do you want to be that trucking company that waits until the last second and find your competition is leaving you in the dust? Fleets that wait until just before the deadline will have to skimp on all of these and will pay the price. Furthermore, the benefits that can be had from value realization can measurably outweigh the cost of the program. It makes sense to realize these benefits sooner rather than later.
Next, in Part II, we are going to dig deeper into ELD selection and how to craft the right policies once you have made your pick. It isn’t easy to adopt a new technology across your trucking company, no matter the size. Fortunately, there are resources out there to help. Join us in Part II as we take a closer look at them.