To better understand the upcoming ELD mandate, you need to know what is involved, the basics of hours of service regulations and how to transition.
By Thomas Bray
The first question many waste haulers have is, “Does this apply to me?” Unfortunately, the answer is not as simple as it seems. The basic premise to the ELD mandate is that most drivers of commercial vehicles that are currently using paper logs to track compliance with the hours-of-service limits will need to switch to using electronic logs (e-logs), either an automatic on-board recording device (AOBRD) or an electronic logging device (ELD), by December 18, 2017. However, there are several ELD-specific exceptions that might apply to a driver at a waste hauler, including the following:
- Drivers that are currently not required to use paper logs will not have to use e-logs.
- Drivers that only log occasionally (eight days or fewer in any 30-day period) will be allowed to continue to use paper logs on the days they must log.
- Drivers operating a vehicle older than model year 2000 will be allowed to continue using paper logs.
In short, if your drivers must do paper logs now, and one of these exceptions does not apply, your drivers will need to be using an e-log by December 18, 2017.
When Is a Log, and Therefore an E-Log, Required?
To better understand the mandate, you need to know some of the basics of the hours-of-service regulations. Any driver that operates a “commercial motor vehicle” as defined in the federal regulations when it comes to interstate drivers, and as defined in the intrastate safety regulations when it comes to intrastate drivers, is subject to the hours-of-service limits. To prove that the driver is complying with the limits, the driver must keep track of all hours worked. This is normally done with logs (paper or electronic).
There are “short-haul” exceptions that allow some drivers (such as some waste haulers) to use time records in place of logs (paper or electronic), if specific conditions are met. Here is a summary of these exemptions:
- A driver can use a time record showing the starting and ending time, and total hours on duty for the day, rather than a log, if:
- The driver operates entirely within 100 air-miles of the work reporting location and returns to the work reporting location within 12 hours (see §395.1(e)(1)), or
- The driver operates a vehicle that is not subject to the CDL requirements, operates entirely within 150 air-miles of the work reporting location, and returns to the work-reporting location within 14 hours on five of the last seven days and within 16 hours on two of the last seven days (see §395.1(e)(2)).
If a driver that normally uses one of these exemptions cannot use it on a given day (goes too far from the work reporting location, does not make it back to the work reporting location in time, etc.), the driver must do a regular log for the entire day. Once the mandate goes into effect, if the driver had to complete logs more than eight days in the last 30 consecutive days, the driver will need to use an e-log on the days the driver must log. Once the driver falls back to the “only eight-days in the last 30 days logged” threshold, the driver can switch back to using paper logs on the occasional days the driver must log.
What’s Involved: The System
If your drivers must begin using e-logs as of December 18, 2017, it is important that you understand the basics of an e-log system. An e-log system typically consists of three components, the “black box,” the display and the back office. Here are some general concepts on each of the three components:
- The “Black Box”—Connected to the vehicle (specifically to the engine control module, or ECM, if the device is an ELD) to collect data such as speed, mileage and engine hours. This data is used to automatically determine when the driver is driving.
- The Display—Where the driver makes his/her entries (non-driving duty changes, edits and corrections, notes and comments, etc.) and where the driver is provided with the information he/she needs (such as the available hours remaining and being able to display the current day and previous seven days to officers). The display can be combined with the black box or it can be a separate component. Many systems use any compatible smart device (tablet, smart phone, laptop) as the display. Either the black box or the display must also be collecting location data (accurate to one mile) at specific times.
- The Back Office—Where the records are managed, backed up and retained for the required six months. While offered as an option in many devices, there is no requirement that the back office have “constant visibility” or receive “constant updates.” The driver is simply required to submit the records for retention within 13 days.
There are many additional technical requirements, but it is the responsibility of the ELD provider to make sure the overall system is compliant. As the user, you are responsible for verifying that the vendor’s system is compliant. How do you do that? If the system is an AOBRD, this involves getting a letter from the vendor stating that the devices and system comply with the regulations at §395.15. If the system uses ELDs, the ELDs need to be listed on the ELD registry, which can be found on the Federal Motor Carrier Safety Administration (FMCSA) Web site: www.fmcsa.dot.gov.
The Driver Experience
Using the device is fairly easy for the driver. The driver starts by logging into the device and going “on-duty” when he/she starts working. If there is “unassigned driving time” on the device, it will be offered to the driver. The driver simply needs to accept or reject the unassigned driving time (whichever is appropriate).
When a driver using an ELD starts driving, the device will automatically switch the driver’s log to “driving” as soon as the vehicle reaches five miles per hour. When the driver stops, the driver will be “prompted” after five minutes to select a duty change, if none is selected when the vehicle is stopped. If the driver does not make a change, the device will default to on-duty after one more minute. If the driver does not want to wait the five minutes and wants to log “off duty” or “on duty” as soon as he/she stops, the driver simply makes that selection on the display any time after the vehicle has stopped (such changes can only be made when the vehicle is stopped). If the driver is using an AOBRD, the carrier can set the “driving default” using either speed or distance and the “on-duty default” (how long after stopping the device automatically switches to on duty), but the settings must be reasonable.
What do these “defaults” mean to waste haulers? If the driver has a vehicle that requires dismounting to do pickups, the device is likely to remain in the driving status for the majority of the day, unless the driver manually switches the device to “on-duty” when he/she dismounts. On the other hand, if the driver is operating a vehicle that allows him/her to remain in the driver’s seat during pickups, the driving status would be the correct status for the device to be in during the pickup. (If the driver is at the controls of the vehicle on a roadway, the time is to be considered driving time.)
ELDs can have two “special driving categories,” if the company chooses to allow the drivers to use them. These are:
Personal Conveyance: This is to be used when the driver is using an empty commercial vehicle to “commute” to a purely personal destination. In this case, the driver’s log will be placed into the off-duty status for the duration of the trip.
Yard Movement: This is to be used when the driver is operating the vehicle in a “yard.” A yard is someplace that the public cannot access due to gates or signs (such as the company facilities or a landfill or transfer station with no public access). When this is selected, the driver’s log will be placed in the on-duty status (rather than driving) during the movement.
If anything out of the ordinary occurs (such as the driver used a seldom-used exemption or had to go over hours for some reason), the driver needs to add a comment to the device. If the driver made an error (e.g., selected the wrong duty status, forgot to change duty status when it occurred, etc.), the driver can “edit” the log and correct the error. The process for making edits will depend on the specific system. However, the regulations do not allow a driver to edit driving time that was automatically recorded, so this is not allowed in any of the systems.
In most cases, if the driver is getting close to one of the limits the driver will receive a warning, based on the “ruleset” the driver is operating under—in other words what limits the driver is to be obeying. If the driver operates past the limit, most systems will also notify the driver that he/she has exceeded the limit. “Rulesets,” warnings and notifications are not required, but are designed into most systems.
At the end of the work cycle, before going home, the driver simply certifies and submits the log and then logs out.
The Back Office
When the record arrives in the back office, it must be retained for six months. The back office is also responsible for:
- Making sure that all users have a unique user account and that the drivers’ accounts include the driver’s license information, and
- Assigning unassigned driving time, or attaching an explanation to the time explaining why it could not be assigned (e.g., the vehicle was moved by a non-driver within the facility).
In addition, the back office should:
- Verify that edits did not lead to “false” records.
- Verify that drivers are not misusing the special driving categories.
- Delete records that are older than six months. (Most vendors will not delete records for you or set the system up to “auto-delete” because they do not know what records you might want to retain longer than the required six months.)
Don’t Wait
Many carriers (including some waste haulers) are “dragging their feet” when it comes to e-logs. However, making the transition from paper logs to e-logs takes time. You need to decide what you want in a system, which involves contacting vendors to see what options are available. You then need to come up with your “wants and needs list.” Once that is done, you need to go shopping for a system that fits your unique needs. When a system has been selected, you will need to train the drivers and supervisors on how to use the system. Once this is done, you will want to roll out the devices in “phases” so you can deal with small problems rather than large ones.
Finally, you will need to address any operational problems that the system points out to you during the rollout. By the way, this will happen in most cases since drivers using paper logs are good at “hiding” operational problems. When the drivers move to e-logs, they can no longer hide the problems. As you can see, this process will take some time, so don’t wait!
Thomas Bray is an Industry Consultant in the Editorial Resources Area at J.J. Keller & Associates, Inc. (Neenah, WI). He can be reached via e-mail at [email protected] or visit www.jjkeller.com.