OTA Dispatch Issue 4 2017

33 www.ortrucking.org Issue 4 | 2017 Interstate Drivers FMCSA is directing all States begin enforcement of the ELD rule on December 18, 2017. At that time when inspectors discover an interstate driver who does not have an ELD when required, they will record a violation of Part 395.22(a). This is a violation of not using an ELD that is on the FMCSA “certified list.” There are no Compliance, Safety, Accountability (CSA) points associated with this violation. This violation will simply document the lack of a required ELD without accessing CSA points to the motor carrier. Drivers will not be placed out-of-service until April 1, 2018. ODOT will not issue citations for this violation and we will encourage our partners to do the same. Beginning April 1, 2018, drivers without a required ELD will be placed out-of- service after the inspector records a violation of Part 395.8(a)(2). This violation has CSA points associated with it. Beginning April 1, 2018, ODOT may issue citations for this violation. In summary, any violation before April 1, 2018, will not result in CSA points and drivers will not be placed out-of-service. ODOT will not issue citations for this violation and we will encourage our partners to do the same. This enforcement practice will allow an interstate motor carrier to enjoy a soft enforcement until April 1, 2018. Intrastate Drivers Oregon has already adopted the ELD mandate for intrastate drivers. We first adopted it in 2016 and again in 2017. Following the enforcement practice used for interstate drivers, intrastate drivers would not be harmed by CSA points, placed out-of-service, nor have citations issued until April 1, 2018. MCTD has reached out to neighboring states and inquired about their implementation schedule for intrastate drivers. We have heard from Washington, Idaho, Utah, and Wyoming. All four states indicate an implementation schedule that is consistent with the guidance provided by FMCSA and is therefore consistent with Oregon’s schedule. California is in the process of adopting the ELD rule. They hope to have their rules in place about the first quarter of 2018. Moving Forward We continue to hear concerns about the ability to obtain ELDs. As part of our standard practice, we will be adopting the federal regulations again in the beginning of 2018. We will discuss the administrative rule with our Advisory Committee at our January meeting to determine the appropriate date for enforcement for intrastate drivers. We encourage both interstate and intrastate carriers to attend this meeting scheduled for January 11, 2018 at 3930 Fairview Industrial Drive, Salem, OR 97302.