The Federal Motor Carrier Safety Administration is seeking comments and data about one of its more controversial regulations: the mandated installation and use of electronic logging devices.
The agency recently published in the Federal Register an advanced notice of proposed rulemaking seeking input "on ways to improve the clarity of current regulations on the use of electronic logging devices and address certain concerns about the technical specifications raised by industry stakeholders."
FMCSA is seeking comments on five specific issues:
- Applicability to pre-2000 engines. Many vehicles with pre-2000 engines and most vehicles with rebuilt pre-2000 engines have engine control modules (ECMs) installed that could accommodate an ELD. FMCSA asks if it should re-evaluate or modify the applicability of the current ELD regulation for re-built or re-manufactured engines or glider kits?
- ELD malfunctions. As the regulation now stands, a driver must document their record of duty status in the event of an ELD malfunction. The agency is asking if it should amend carrier and driver responsibilities to clarify when a driver must switch to paper logs.
- The process for removing ELD products from the agency's list of certified devices. When the ELD mandate was enacted, the agency allowed ELD manufacturers to self-certify their devices. As part of the FMCSA's request for comments, it wants to know. if an ELD provider goes out of business and fails to remove its device from the list, should FMCSA be able to immediately remove the device from the registered ELD list? It also wants comments on whether it should require ELD providers to update their listing within 30 days of any change to their device's registration information. Further, FMCSA is asking if ELD providers be required to confirm their information on an annual basis and if an ELD should be removed from the list of devices if the provider it fails to confirm or update its listing on an annual basis.
- Technical specifications. FMCSA requests information on the impact of including the following data elements to every event: actual odometer, actual engine hours, location description, geo-location, VIN, power unit, shipping document number, trailer number, driver, co-driver if there was one, and which driver was driving at the time, if there was a co-driver.
- ELD certification. The agency also wants to know if it should establish a certification process for ELDs. If so, what should a certification process consist of?
You can read FMCSA's request and make comments here. The comment period ends Nov. 15.
ELDs have been required for most trucks since 2017.