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FMCSA Releases Updated Guidance on ELDs

On February 15, FMCSA issued additional guidance on the electronic logging device mandate regarding the use of automatic on-board recording devices and non-compliant ELDs. 
Under the ELD final rule, if a carrier requires a driver to use an AOBRD before December 18, 2019, that device may continue to be used until December 16, 2019. In its new guidance, FMCSA clarified that when carriers using AOBRDs replace vehicles within their fleet, they may install existing AOBRDs into newly purchased commercial motor vehicles. However, carriers may not install any new AOBRDs after December 18, 2017. All AOBRDs however must be replaced by an ELD or upgraded to meet the ELD rule's technical specifications by December 16, 2019.
 
The new guidance also addresses what carriers and drivers must do when an ELD is determined to be non-compliant. Under the rule, ELD manufacturers are required to self-certify their device is compliant and register the device on FMCSA's compliant ELD registry. According to FMCSA, carriers and drivers have eight days from notification of a device's non-compliant status to replace the device. In the event of a “widespread issue,” FMCSA will work with affected carriers to establish a “reasonable timeframe” for replacing non-compliant devices. Additionally, FMCSA has stated ELD manufacturers won't be required to notify carriers if a device is removed from the ELD registry. However, FMCSA will post a list of removed devices on its website and “will make every effort to ensure that industry is aware.” Since carriers only have eight days from notification of a device's non-compliant status to replace it, ATA is seeking clarification from FMCSA as to when such notification will have been deemed to have occurred. For more information, contact Mike Southards WTA Safety Director. mike@watrucking.org