OTA Issue 4 2016

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17 Issue 4 | 2016
delivered; or, drivers of vehicles manufactured before
model year 2000; or, drivers who operate using the logbook
timecard exception (i.e. short-haul 100-air mile drivers).
Buyers need to be aware of the fact that inclusion of an
ELD on the FMCSA registry of self-certified product
offerings does not necessarily mean the listed device is
compliant with the FMCSA mandate. If FMCSA finds that
an ELD listed on its website does not comply with the
technical specifications, FMCSA may initiate removal of an
ELD model or version from its list by providing written
notice to the ELD provider stating both the reasons that
FMCSA proposes to remove the model or version from the
FMCSA list and any corrective action that the provider
must take for the ELD model or version to remain on the
list. If an ELD is removed from the list, FMCSA will alert
industry through announcements on its website and other
communications. The onus is on the motor carrier to do
their homework before making a purchasing decision.
Drivers must understand and be able to use ELDs by the
required deadline, including how to annotate and edit
RODS, certify RODS, and collect required supporting
documents. You will also need to know how to display
and transfer data to safety officials when requested. These
requirements imply that it might be unwise to defer
acquiring a compliant ELD solution until the deadline in
the rule. Motor carriers are well advised to allow adequate
time for procurement, installation, driver training and
acceptance testing before the actual deadline.3
There had been a lawsuit filed in the 7th Circuit Court by
the Owner Operator Independent Driver Association
(OOIDA) seeking to vacate the FMCSA ELD rule.
Coming earlier than anticipated, the United States Court
of Appeals for the Seventh Circuit has ended ongoing
speculation and published (October 31, 2016) its ruling
in the matter of the Petition for Review of the Final Rule
(FMCSA-2010-0187) of the Federal Motor Carrier Safety
Administration. The Court found in summary: “...the
Federal Motor Carrier Safety Administration’s final ELD
rule codified at 49 C.F.R. Pts. 385, 386, 390, and 395 is not
arbitrary or capricious, nor does it violate the Fourth
Amendment. The petition for review is DENIED.”4
3. www.fmcsa.dot.gov/hours-service/elds/eld-manufacturers
4. /D10-31/C:15-3756:J:Hamilton:aut:T:fnOp:N:1855155:S:0