Get clarification on electronic logging devices and ELD mandate exemptions set to take effect in December 2017.
ELD Mandate Exemptions
As of December 18, 2017, most drivers that currently use paper logs will have to switch over to an electronic logging device. The choices will be an automatic onboard recording device (AOBRD) meeting the current requirements in §395.15, installed before December 18, 2017, or a device meeting the electronic logging device (ELD) standards found in Subpart B to Part 395 and the associated appendix.
There are five ELD Mandate exemptions including:
- Drivers that only had to fill out a log eight or fewer days out of the last 30 days. This would include “short-haul” drivers that normally operate under the 100 and 150 air-mile exceptions and intermittent drivers.
- Drivers operating a vehicle older than the model year 2000. This also applies to the model year 2000 and newer vehicles that do not have the original engine in them, if the engine serial number indicates that the engine is older than the model year 2000.
- Drivers operating a vehicle that is part of a driveaway/towaway shipment.
- Drivers driving or towing a recreational vehicle that is part of a driveaway/towaway shipment.
- Drivers who are driving a truck that was rented for eight days or less.
How are officers on the road going to verify that a driver claiming one of the exemptions is actually entitled to it? It is easier than you might think.
ELD Exemptions and Short-Haul Drivers
During a roadside inspection, the officer can contact the carrier for the time records related to a driver he/she is inspecting. The officer can then verify that the driver is complying with the terms of the 100 or 150 air-mile exemptions. This simply involves the officer verifying that there were time records and they showed the driver staying under the limits attached to the exemption.
If the records show the driver as operating under the 100 or 150 air-mile exception often enough, there would be no violation for the driver not using an ELD.
As far as intermittent drivers, the officer will inquire as to how many days the driver has worked out of the last 30. If it ends up to be 8 or fewer out of any 30-day period, there is no violation.
ELD Exemptions on Older Vehicles
To verify that the driver can use paper logs due to the age of the vehicle, the officer will simply check the vehicle identification number (VIN). If the VIN indicates that the vehicle is the model year 1999 or older vehicle, there will be no violation for the driver using a paper log rather than an electronic log.
How is this determined?
The model year is coded in the vehicle’s VIN at the 10th position. Presently, 2000 and newer vehicles have Y, 1 to 9, or A to H in the 10th position (i, o, u, and z are not used in VINs by the way). If the 10th digit is anything other than those listed, the vehicle is manufactured before 2000.
In the case of the model year, 2000 or newer vehicle that has been retrofitted with the model year 1999 or older engine, to determine if the engine is manufactured before the year 2000, the officer will ask to see the engine serial number. Using the serial number and available software, the officer can quickly validate the engine model year.
Driveaway/Towaway ELD Exemptions
To verify that the driver is allowed to use the driveaway/towaway exception to use a paper log rather than an electronic log after December 18, 2017, all the officer or auditor needs to do is ask for the shipment paperwork. The shipment paperwork will then be used to verify that the vehicle the driver is operating is part of the shipment. If so, then there would be no violation for the driver using a paper log rather than an electronic logging device.
Rented Trucks
To verify that a driver is allowed to use the rented truck exemption, the driver must be able to present the rental agreement showing that the vehicle is being rented for 8 days or less. The driver must use paper logs and have records for the previous seven days. Printouts from an ELD system are acceptable. The exemption does not cover “leased” vehicles or vehicles rented for more than 8 days. Multiple back-to-back rental agreements will result in the carrier being cited for not using ELDs.
Still Confused about ELD Mandate Exemptions?
If you’re still confused about Exemptions to the mandate or wondering if you need to comply with the ELD mandate, contact J.J. Keller for a free ELD Exemption Assessment. Their ELD specialist will guide you through 21 questions created by their hours of service subject matter experts to help you determine if you are exempt from using ELDs. Call the ELD Exemption hotline at 888-531-8899 or request an assessment here.
J. J. Keller & Associates, Inc.
Since its beginning as a one-man consulting firm in 1953, J. J. Keller & Associates, Inc. has grown to become the most respected name in safety and regulatory compliance. Now over 1,400 associates strong, J. J. Keller serves over 600,000 customers — including over 90% of the Fortune 1000® companies. The company’s subject-matter expertise spans nearly 1,500 topics, and its diverse solutions include ELogs and mobile technology; training via online courses, streaming video or DVD; online management tools; managed services; consulting services; online and print publications; forms and supplies.
About the Author:
Tom Bray has been with J. J. Keller & Associates, Inc. for 11 years. However, as he does not get enough excitement working at J. J. Keller and chasing after six kids and nine grandkids, he also chooses to work nights and weekends as a firefighter/EMT.
