ELECTRONIC LOGGING DEVICES - FAQ

This page serves to answer questions about ELDs. If you can not find the answer you are looking for please email Melissa Kershner mkershner@kmca.org


Where can I find information about ELD's from FMCSA?
https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices

When a driver is transporting an AG exempt commodity and is stopped roadside, can the highway patrol ask for their previous 7 days of record of duty status?
Yes – Highway patrol inspectors will always ask for a RODS and supporting documents as part of their inspection procedure. Once it is verified that the driver is AG Exempts they would not be required to have RODS.
    How is yard move defined?
    There is not an official definition of yard move determined however it was suggested that defining yard move to mean an on-duty not driving activity where all driving is done within an area that does not allow for any public access.
      Do mechanics require a user account for ELDs?
      Generally, mechanics would operate within the short-haul exemption for RODS and therefore not required to use an ELD. The Final Rule allows any employee of the motor carrier to have a unique login, which includes mechanics. There is nothing in the rulemaking that precludes the ELD system from having entry categories to capture occasional movements of ELD equipped vehicles by individuals who are not required to prepare RODS (mechanics).  It is recommended that if a company has a mechanic on staff, they should create a user ID for them so that any driving done by them can be tracked to that specific account. If they take the vehicle to an outside shop and a mechanic that isn’t employed by them drives the vehicle, they will just need to annotate that it was a mechanic test driving the vehicle and have maintenance records to back it up in case we see this in the unassigned miles report and want to see documentation.
       
      What is the ELD requirement for rental vehicles?
      The final rule had many comments regarding rental vehicles. FMCSAs response in the Final Rule was: “Because today’s rule provides a performance-based standard for ELDs, motor carriers will have a number of options to choose from the market place of ELD providers. This includes portable units that stay with the driver as opposed to being installed in the vehicle. Motor carriers that rely upon long-term leases of CMVs can work with the leasing companies to identify options and implement solutions to the challenge of using ELDs with leased vehicles. Therefore, the Agency has not included in today’s rule an exception for leased or rented CMVs. If a driver who is not required to use an ELD were to operate a motor vehicle that is equipped with an ELD, that driver would not have to use the ELD. This would apply to a driver operating under the short-haul exception in § 395.1(e) or to a private individual using a rented truck to move his or her own household goods. A company renting a truck to an unregulated consumer could protect that customer’s information by removing the ELD or removing any recorded information from the ELD. FMCSA does not regulate truck-rental companies. There is no requirement or prohibition for a rental agreement or short-term lease to include an ELD. A rental company might choose to include an ELD as a part of the agreement, just as they might include another piece of equipment.” Effectively, if you rent or lease a vehicle, you still must have an ELD for it if you are subject to the ELD rule.
        Is there a list of agricultural exempt commodities?
        There is not a list of commodities that are exempt regarding 395.1(k). Agricultural commodity is defined as Agricultural commodity means any agricultural commodity, nonprocessed food, feed, fiber, or livestock (including livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471] and insects).

        Can an ELD RODS be edited after being certified by the driver?
        Yes. FMCSA does not place limits on when an annotation or correction may be made. If your ELD does not allow an edit after being certified by the driver, check with your vendor to see if there is a setting you can change to allow editing.

        Are temporary drivers required to use an ELD?
        As currently required by FMCSA, a temporary driver will need to fill out a previous 7 days statement of on-duty hours prior to being dispatched. Beyond that, the carrier will need to create an account for the driver so that they can login to the ELD and use it. They will need to maintain the prior 7 days on duty time statement, RODS and supporting documents for the temporary driver for 6 months.

        If ag exempt grain is transported from the field to a small grain elevator or grain bin, then later transported to a larger terminal where the grain can be loaded onto the train or truck to be sent out for processing would the second trip be exempt as the first location was only temporary?
        This question has been sent to FMCAS HQ Staff for clarification. The ag exemption in 395 does not stipulate that it can be only one trip, only that it be an ag commodity transported from the source to a location within 150 air miles of the source.  (1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source; an update will be provided as we receive additional information.
         
        If we are using the time card exception what is the required method for tracking a driver’s time?
        There is not a required method for tracking. Time cards may be hand written or printed. It is suggested that the driver sign to verify the information.

        What is the placement requirement for the ELD by FMCSA?
        A portable ELD must be mounted in a fixed position during commercial motor vehicle (CMV) operation (CMV) and visible to the driver from a normal seated driving position. This information can be found in the ELD Rule section 395.22(g).




           
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