Voluntary Usage and Compliance Phases
Q1. How soon can electronic logging devices (ELDs) be installed and used in commercial motor vehicles (CMVs)?
A1. Since February 16, 2016, ELD manufacturers have been able to register and self-certify their ELDs with FMCSA, and motor carriers have been able to elect to use ELDs listed on the website. All motor carriers and drivers subject to the requirements in the ELD rule must begin using an ELD or “grandfathered AOBRD” on December 18, 2017, the compliance date of the ELD rule.
Q2. What are the enforcement procedures for registered electronic logging devices (ELDs) installed and used in commercial motor vehicles (CMVs) prior to the compliance date of the ELD rule?
A2. Prior to the compliance date of December 18, 2017, ELD use is voluntary. Safety officials will review ELD information to determine compliance with the hours of service regulations and to detect falsifications.
Q3. What are the options for carriers and drivers to complete records of duty status (RODS) prior to the Electronic Logging Device (ELD) rule compliance date?
A3. Prior to December 18, 2017 drivers and motor carriers can use:
- Automatic onboard recording device (AOBRDs),
- Paper logs or
- Devices with logging software programs.
Q4. What is a “grandfathered” automatic onboard recording device (AOBRD)?
A4. A “grandfathered” AOBRD is a device that a motor carrier installed and required its drivers to use before the electronic logging device (ELD) rule compliance date of December 18, 2017. The device must meet the requirements of 49 CFR 395.15. A motor carrier may continue to use grandfathered AOBRDs no later than December 16, 2019. After that, the motor carrier and its drivers must use ELDs. See Section 395.15 (a) of the ELD final rule.
Q5. When are drivers subject to the ELD rule required to start using electronic logging devices (ELDs)?
A5. Motor carriers and drivers subject to the ELD rule must start using ELDs by the compliance date of December 18, 2017, unless they are using a grandfathered Automatic On-board Recording Device (AOBRD).
Q6. What will be the enforcement procedures for “grandfathered” automatic onboard recording devices (AOBRDs) and electronic logging devices (ELD) during the two-year period following the compliance date of the ELD rule?
A6. During the period when both “grandfathered” AOBRDs and ELDs will be used (December 18, 2017 to December 16, 2019), authorized safety officials will enforce ELD rule requirements for ELDs and the requirements in 49 CFR 395.15 for “grandfathered” AOBRDs. The supporting document requirements for drivers and motor carriers using either device will take effect on the ELD rule compliance date of December 18, 2017.
Q7. According to 395.8, if a motor carrier “installs and requires a driver to use an AOBRD…before December 18, 2017 they may continue to use the AOBRD until December 16, 2019.” Does this mean I can move an AOBRD from one vehicle to another after December 18, 2017?
A7. If your operation uses AOBRDs before December 18, 2017, and you *replace vehicles in your fleet you can install an AOBRD that was used in the previous CMV. However, you may not purchase and install a new AOBRD in a vehicle after December 18, 2017.