The FMCSA issued guidance on Feb. 15 via the agency’s ELD FAQ section on its website, it clarifies that carriers can transfer an AOBRD to a new truck and remain compliant with the ELD mandate so long as the truck replaces another. If the carrier adds vehicles, those vehicles would be required to have an ELD. This approach would cause the carrier to have a mixed fleet of AOBRDs and ELDs. This will cause major confusion at the roadside for both the driver, enforcement and for vendors to support.
According to § 395.8, if a motor carrier “installs and requires a driver to use an AOBRD…before December 18, 2017, they may continue to use the AOBRD until December 16, 2019.” Does this mean I can move an AOBRD from one vehicle to another after December 18, 2017?
If your operation uses AOBRDs and you replace vehicles in your fleet with new commercial motor vehicles, you can install existing AOBRDs in the new CMVs. However, you may not purchase and install a new AOBRD in a vehicle after December 18, 2017.
Last Updated: February 15, 2017
Furthermore, the agency provided guidance that if a carrier is using an ELD that does not meet the requirements and is decertified, the ELD vendor does not have to tell a carrier if they are decertified and if the device is decertified the carrier has eight days to replace the entire system.
When discussing selecting an ELD vendor with potential customers, point out that they need to select a vendor that understands the requirements and meets those requirements. If they choose the wrong vendor, they will only have eight days to replace the entire system, on the entire fleet!
What happens if an electronic logging device (ELD) is found to be non-compliant after it is in use?
As a motor carrier, you will have eight days from notification to replace your noncompliant device with a compliant one. This is the same time allowed to take action on ELDs that need to be repaired, replaced, or serviced. In the event of a widespread issue, FMCSA will work with affected motor carriers to establish a reasonable timeframe for replacing non-compliant devices with ELDs that meet the requirements.
Last Updated : February 15, 2017
Is the electronic logging device (ELD) vendor/manufacturer required to notify motor carriers if a device is removed from FMCSA’s ELD registration list because it was determined to be non-compliant?
No, ELD vendors/manufacturers are not required to notify motor carriers if a device has been removed from the ELD registration list. However, FMCSA will maintain on its website a list of devices that are removed from the list and will make every effort to ensure that industry is aware.
Stay tuned to FleetWarrior.com for the latest perspective on the ELD Mandate.
