FMCSA Grants 90-Day Waiver from ELD Requirements to Old Dominion & Other Motor Carriers Using PeopleNet

In January 2018, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register a notice and grant of waiver from the federal hours-of-service (HOS) regulations pertaining to electronic logging devices (ELDs) for Old Dominion Freight Lines, Inc. and other motor carriers in similar situations due to issues concerning the integration of PeopleNet’s ELD software into fleet management systems.

The Agency initiated this action in response to a waiver request from Old Dominion, who specifically asked for relief from the grandfather provision of the ELD regulations, allowing them to add vehicles to their fleet using software that is not fully compliant with the ELD rule, provided the conditions specified in the waiver are met. FMCSA believes that granting this waiver to Old Dominion and other motor carriers in the same situation, is in the best interest of the public and will likely achieve a level of safety that is equivalent to the level that would be achieved absent the waiver.

Old Dominion requested a 90-day waiver to permit the company to install and use ELD HOS devices (hardware) running PeopleNet’s Automatic on-board recording device (AOBRD) software that meets the requirements of 49 CFR 395.15 (AOBRD Requirements), rather than ELD software that meets the requirements of subpart B to part 395, for any truck added to its fleet on or after Dec. 18, 2017, until the company’s fleet management software can be fully integrated with PeopleNet’s ELD software. The integration of the HOS data with the fleet management and safety systems will enable the company to achieve a high-level of safety oversight of its drivers.

Each motor carrier operating under this waiver must ensure that drivers required to maintain a record of duty status (RODs) must do so with a device that meets the requirements of 49 CFR 395.15 concerning AOBRDs.

1. During the waiver period, vehicles may be added to the fleet only if the vehicle is equipped with ELD hardware, capable of running the PeopleNet ELD software.
2. The AOBRD must transfer data directly into the motor carrier’s fleet management and safety systems, allowing its dispatchers to know precisely where the drivers are at any given time and how many hours he/she has available under the Federal HOS rules.
3. The motor carrier will use the AOBRD settings like those outlined in Old Dominion’s waiver request.
4. PeopleNet system must be modified to disable or adjust the settings outlined below.
   a. Eliminate the “skip” feature;
   b. Limit the auto-duty driving status change threshold to 5 miles or less; and
   c. Limit the geo-fencing yard time limit to a 0.5 miles radius or less. (If it is determined that this software has not been changed, this waiver does not apply.)

If you have any questions, please contact TIA Advocacy at advocacy@tianet.org or 703-299-5700.