How Drivers Can Manage ELD Failures
With few exceptions, Electronic Logging Devices (ELDs) have become a crucial component of almost every commercial semi-truck on the road.
They play a crucial role in monitoring drivers’ hours of service.
During his tenure inspecting trucks as a member of the Commercial Vehicle Enforcement Bureau, Daniel Vega, the Director of Safety at Reliance Partners, frequently encountered challenges with ELDs, including instances of user error, when the ELD mandate was initially implemented.
“In the early stages of transitioning from paper logs to ELDs, there were numerous individuals who struggled with proper device integration. While improvements were made over time, I still observed occasional malfunctions and incorrect connections,” stated Vega.
As familiarity with ELDs has grown among most drivers, issues stemming from human error have become less prevalent. Nevertheless, technological glitches can still occur. Drivers might encounter difficulties accessing their electronic logs due to device problems. When this occurs various technical errors can lead to inaccurate recording of driving time.
In cases of ELD failures, drivers and carriers must be well-versed in adhering to the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA).
Steps to Take When Faced with ELD Failure
Federal regulations mandate that drivers maintain records of their hours of service for a span of eight days, encompassing the previous 24 hours and the seven days preceding that. Therefore, when ELD malfunctions prevent accurate log keeping, drivers must create precise paper logs for the duration of the malfunction.
“Incidents where the ELD is dysfunctional and no log is kept constitute a ‘no logbook’ violation. While such instances are infrequent, most drivers are aware of the necessity to maintain paper logs,” Vega clarified.
It’s vital to recognize that drivers are only permitted to employ paper logs for a maximum of eight days following an ELD malfunction, unless the carrier secures approval from the FMCSA for an extension.
Vega advises drivers to promptly report any issues to their motor carriers, emphasizing the importance of monitoring their ELDs. The FMCSA recommends drivers report problems within a 24-hour window.
“As an inspector, during interactions with the driver, I inquire about when the log ceased functioning and cross-reference that with the logs to confirm its status. Occasionally, the ELD is operational, but the driver lacks the proficiency to operate it correctly. These are aspects that an officer can discern during the inspection process,” Vega added.
Carrier Actions in Case of ELD Malfunctions
Upon detecting a malfunction, carriers are obliged to rectify the situation within eight days of discovery. This entails resolving the issue or providing the driver with a replacement ELD.
“This bears significance as carriers can extend the correction period, but they are obligated to inform the FMCSA division administrator in their respective state within five days. The FMCSA’s decision hinges on the specifics of the ELD’s malfunction,” Vega explained.
Carriers are also responsible for furnishing drivers with pertinent in-vehicle information pertaining to their ELDs. This encompasses an instructional guide outlining ELD malfunction reporting protocols and record-keeping procedures during such instances. Carriers must supply drivers with an adequate number of blank logs to document duty statuses for at least eight days.
Vega recommends consolidating all mandated information in a single location, such as a binder. This repository should encompass registration and insurance details, along with all in-vehicle information specified under Section 395.22 of the Federal Motor Carrier Safety Regulations. This includes a user manual, instructions for ELD data transfer, malfunction reporting requisites, and appropriate grid logbook pages in the event of a malfunction.
“Compiling this information in a binder streamlines accessibility for drivers. Many drivers struggle to locate their malfunction instruction sheets, which can lead to citations,” Vega concluded.
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