Issue 1, 2018

Electronic Logging Devices in Oregon THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA) issued its final rule in December 2015, requiring the use of Electronic Logging Devices (ELD) to record hours of service for interstate commercial drivers. The Oregon Department of Transportation (ODOT), adopts the Federal Motor Carrier Safety Regulations (FMCSRs) to regulate both interstate and intrastate commerce in the State of Oregon. ODOT believes adapting the FMCSRs in this manner provides for uniformity between federal and state rules and regulations. The ELD rule first appeared in the FMCSRs, Part 395.8(a)(1)(i), on December 16, 2015. Oregon first adopted the ELD rule in Oregon Administrative Rule 740.100.0010 in January 2016. Oregon adopted the ELD rule a second time when it readopted the FMCSRs in April 2017. An FMCSA Memorandum dated October 25, 2017, provides guidance to states on enforcing the ELD final rule. 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. After receiving input from intrastate motor carriers, Oregon has decided to not adopt the ELD mandate for intrastate drivers. Motor carriers conducting intrastate transportation are not required to install and require each of its drivers operating in intrastate commerce to use an electronic logging device to record the drivers’ duty status. Please note that this exemption is not applicable to the transportation of hazardous materials of a type or quantity requiring placarding. A motor carrier transporting hazardous materials of a type or quantity requiring placarding must comply with the ELD mandate.  Information regarding ELDs can be found at FMCSA’s ELD webpage: www.fmcsa.dot.gov/ hours-service/elds/electronic-logging-devices Additional information can be found at ODOT’s Motor Carrier Transportation Division webpage: www.oregon.gov/ODOT/MCT/Pages/ NewsArticle-A.aspx SAFETY NOTICE 31 www.ortrucking.org Issue 1 | 2018