FMCSA Asks for Input on Revising ELD Rules

In September 2022, the Federal Motor Carrier Safety Administration (FMCSA) began looking at possible revisions to its electronic logging device (ELD) rules. In an advance notice of proposed rulemaking (ANPRM) published on September 16, 2022, under docket FMCSA-2022-0078, the agency asked for comments on five areas where it was considering changes. Comments were due by November 15, 2022.

Background

FMCSA's ELD final rule was published on December 16, 2015. It set one technical specification for all ELDs, required the devices for drivers who had to keep records of duty status (RODS), clarified supporting-document requirements and added protections against using ELDs to harass drivers. Most carriers had to comply by December 18, 2017, while carriers that had voluntarily installed a recording device before the rule took effect had until December 17, 2019.

The agency said lessons learned over the previous few years by its staff, state enforcement personnel, ELD providers and industry could be used to streamline and clarify the regulatory text and technical specifications. It also said the specifications could be updated to address concerns raised by affected parties and improve how ELDs worked.

The five areas

Pre-2000 engines. The 2015 rule did not require ELDs in vehicles older than model year 2000. FMCSA noted that many vehicles with pre-2000 engines, and most with rebuilt pre-2000 engines, had engine control modules that could accommodate an ELD. It asked whether it should re-evaluate how the rule applied to rebuilt or remanufactured engines and glider kits, and requested data on how many glider kits used pre-2000 engines.

Malfunctions. The rules required drivers to switch to paper logs when an ELD malfunctioned. FMCSA said drivers should not have to do so when a malfunctioning ELD kept recording hours accurately, and asked whether to clarify when the switch to paper was required.

Removing devices from the certified list. FMCSA asked whether it should be able to immediately remove a device whose provider had gone out of business without revoking it, whether providers should have to update their listing within 30 days of a change and confirm it every year, and whether a 60-day period in the removal process should be cut to 30 days.

Technical specifications. This was the longest list. FMCSA asked about:

• adding the version numbers of an ELD's individual components to the output file and registration;
• adding data elements such as odometer, engine hours, location, VIN, trailer number and driver identity to every recorded event;
• requiring more frequent intermediate recordings, such as every quarter hour;
• writing into the regulation a 2017 temporary exception for yard moves, under which the device switched to driving status if the driver entered it, the vehicle exceeded 20 mph or the vehicle left a geofenced yard;
• having ELDs automatically record an on-duty not-driving status after an engine shutdown, since drivers often forgot to change status and remained in driving status;
• whether the 5-second limit for an ELD to obtain data from the engine was long enough;
• letting drivers, rather than carriers, switch their ELD to an exempt status; and
• whether the changes would need new hardware or could be pushed out as software updates, and at what cost.

Certification. FMCSA asked whether it should set up a certification process for ELDs, what that process should involve, what it would cost and how existing devices should be treated.

What the notice did not do

The ANPRM was an early step. It did not include proposed regulatory text or change any existing requirement. FMCSA asked commenters to number their responses to match its questions and to provide data to support their suggestions.

Archive: this article describes rules and events as of September 2022. Regulations may have changed since, so check the current rule before relying on it.