Clarifying ELD Information By Eric Sauer

By now you may be aware of the attempts to delay the Electronic Logging Device (ELD) requirement that is set to be implemented nationwide in December of 2017. Intrastate adoption has until February of 2019 to be implemented in California, however, don’t rely on February being the deadline date. CHP could implement it before February. CTA will closely monitor the intrastate implementation process and keep members updated. 

 

Now back to the most recent events surrounding the attempts to delay the ELD requirement. Last week, opponents of the ELD regulation were able to include in the House Appropriations Committee passed T-HUD spending bill, a provision exempting the livestock industry from being required to install the ELD in the upcoming fiscal year (2018). Additionally, earlier this week, H.R. 3282 was introduced which is attempting to delay the ELD implementation entirely for 2 years. ATA and other groups are actively working against H.R. 3282  and educating representatives of Congress about the importance of the ELD mandate and its goal of increasing driver safety and overall safer roads. It is believed that both the T-HUD language and H.R. 3282 are long shots that ATA is fighting hard against so, it is recommended that carriers  should plan to comply and not wait. CTA is lock step with ATA and supports their efforts on defeating H.R. 3282. In 2012, CTA’s Board adopted a support position on the ELD proposal for both inter and intrastate HOS monitoring. 

 

CTA has been working with the Federal Motor Carriers Safety Administration (FMCSA) for over a year on providing members with an overview on the requirements contained in the ELD regulation. FMCSA has provided outreach sessions at almost all of the CTA units, some units have even had repeat presentations. Part of the reason is our members knew it was a matter of time when technology would take over the handwritten log books and they wanted to make sure they equipped their trucks with the best, cost effective and approved devices that are out there. In addition to partnering with the FMCSA on outreach and education, CTA Circle Club Member E-Road which is an approved vendor has been pitching in and making presentations to Units and member companies as well. 

 

Finally, I wanted to clarify some information that has been out there recently. The main issues that have been brought up about the ELD regulation have been "privacy and harassment" and cost of complying with the regulation. A group sued on the grounds that the regulation was an invasion of privacy and provided a form of harassment to drivers. Privacy and harassment protections were built into the rule including limits on location reporting precision and a requirement that the driver have final approval over all log edits. The Federal Appeals court determined that the privacy concerns raised by drivers were unfounded, including claimed 4th amendment violations. The supreme court decided not to hear the case. Regarding the cost concern, according to Stevens Research "with smartphone and tablet compatibility options coming into the fold, the initial cost has come down. FMCSA estimates that the average cost of an ELD will be $495 per truck. With the total range of $165-800 per truck on an annualized basis." Some approved vendors offer monthly ELD lease programs where the device is included and the cost is much lower than the average of $495 per truck. I know paying money to comply with a regulation that requires an upgrade or actual purchasing of equipment is not popular, trust me, being in California, unfortunately I’ve seen a lot regulations in my 16 years at CTA, but sometimes making sure you’re in compliance and a safe operator on the roads has a price. 

 

For more information about the ELD regulation contact Heather Ward at hward@caltrux.org.