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FMCSA to accept public comments from truck drivers on ELDs

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The Federal Motor Carrier Safety Administration (FMCSA) will accept public comments from the trucking community on Electronic Logging Device (ELD) regulations, hinting at possible upcoming changes to the rules that have been in place since 2017.

According to an Advanced Notice of Proposed Rulemaking and Request for Comment, the FMCSA is specifically interested in truckers providing comments “on ways to improve the clarity of current regulations on the use of electronic logging devices (ELD) and address certain concerns about the technical specifications raised by industry stakeholders.”

Commenters are specifically asked to address the five following specific areas in which the agency is considering making changes:

  • Applicability to pre-2000 engines — “Many vehicles with pre-2000 engines and most vehicles with rebuilt pre-2000 engines have engine control modules (ECMs) installed that could accommodate an ELD. Should FMCSA re-evaluate or modify the applicability of the current ELD regulation for re-built or re-manufactured CMV engines or glider kits?
  • Addressing ELD malfunctions — “Should FMCSA amend carrier and driver responsibilities in § 395.34 to clarify when a driver must switch to paper logs?
  • The process for removing ELD products from FMCSA’s list of certified devices — “If an ELD provider goes out of business and fails to self-revoke, should FMCSA be able to immediately remove the device from the registered ELD list?
  • Technical specifications — “Should FMCSA consider allowing a driver, rather than the motor carrier, to change his or her ELD configuration to an exempt status to help reduce the administrative burden noted by the industry?
  • ELD certification — “Should FMCSA establish a certification process for ELDs? If so, what should a certification process consist of?

The request for comments comes soon after the FMCSA removed the ArionT ELD and the ELDorado ELD from their list of certified devices.

On December 18, 2017, most truck drivers were required by Federal Motor Carrier Safety Administration (FMCSA) regulations to switch from paper logs over to Electronic Logging Devices (ELDs). Authorities stated that the required use of ELDs would cut down on truck driver Hours of Service violations and increase highway safety, but the mandated use of the device remained unpopular among many members of the trucking community.

According to the Federal Register Notice, “FMCSA believes that the lessons learned by Agency staff, State enforcement personnel, ELD providers, and industry over the last few years can be used to streamline and improve the clarity of the regulatory text and ELD technical specifications and resolve questions that have arisen. In addition, technical specifications could be updated to address concerns raised by affected parties and improve the functionality of ELDs.”

When the Advanced Notice of Proposed Rulemaking is published on September 16, you’ll be able to leave a comment by visiting this link.

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