The Commercial Vehicle Safety Alliance (CVSA) released a statement on Sunday, April 1 stating any driver operating a commercial motor vehicle (CMV) without a required and registered electronic logging device (ELD) or a grandfathered, automatic on-board recording device (AOBRD) will be placed out of service for 10 hours, and passenger-carrying CMV drivers will be placed out of service for 8 hours.
In addition to being placed out of service, the violation will be recorded on a roadside inspection report and the driver may be cited. After a driver has served their 8 or 10 hours out of service. they may continue to their final destination if the driver has accurately documented their hours-of-service requirements using paper record of duty status such as a log book and has a copy of the inspection report and/or citation.
In the event the driver is stopped again before reaching their final destination, the driver must be able to provide a physical copy of the inspection report and evidence (such as bill of lading) proving that they are still on the continuation of the original trip.
If the driver is re-dispatched after reaching their final destination, the driver is required to obtain a compliant ELD or he or she will be subject to the out-of-service process again. The only exception is if the driver is traveling back to the main place of business or terminal empty to obtain an ELD.
All ELD violations, including this, will be counted against a motor carrier’s Safety Measurement System (SMS) score, which could mean a future investigation by the FMCSA Compliance, Safety, Accountability (CSA) program.
More About AOBRD
According to the FMCSA’s website, any motor vehicles that installed and used an automatic on-board recording device (AOBRD) may install and use additional ELD-capable devices with compliant AOBRD software after Dec. 18, 2017, and may be in use until Dec. 16, 2019, although they must meet specific requirements available on the FMCSA’s website AOBRD page.
For More Information
For more info, please visit the FMCSA’s ELD implementation website with helpful info for all drivers.