Though FMCSA’s ELD mandate came into force on December 18, 2017, ELD violations had no impact on the CSA scores to allow the carriers ample time to ensure a smooth ELD transition. But from April 1, 2018. Under the ELD enforcement rule, Electronic Logging Devices or ELD violations started affecting carriers’ CSA scores.
As per the ELD mandate, all carriers must use FMCSA certified ELDs in their trucks and other vehicles. Any violation will affect their CSA or Compliance, Safety, and Accountability score and attract a penalty.
The drivers and carriers can face a severe fine for not complying with the ELD mandate. As per North American Transportation Association,
- Penalties for ELD violations could be $1,000 to $10,000.
- An average penalty for ELD violations is around $2,867.
- As per the same report, the highest recorded fine until now has been $13,680.
The purpose of ELD was to reduce the risk of road accidents and improve driver safety. Since the administrators and the drivers were not too keen to adopt this new technology, FMCSA mandated the use of the ELD mandate. Here are common ELD violations.
List of ELD Violations
Here is the list of the top six ELD-related violations and ways to prevent them. You can also read this guide on eld violations for detailed information.
FMCSA-compliant ELD device
This is the most common type of ELD violation. The carriers do not ensure to use only FMCSA certified ELDs in their vehicles. Many truckers use cheap ELDs to lower the cost. The truckers need to understand that saving upfront cost will increase their expense later. Failure to install a FAMCSA-approved ELD can attract heavy fines and penalty.
If the truckers do not install FMCSA certified ELDs in their trucks, it is considered a violation as per Section 395.22A. The severity of this violation is 5. The trucker will not just pay hefty fines but also reduce their CSA score.
To avoid paying such a massive amount as a penalty and allowing a negative impact on your CSA score, check the list of FMCSA’s registered devices before buying one. Taking proactive preventive measures will save you from the hassle later.
Reporting that ELD device is not working
Some drivers keep driving without observing that their ELD device is not working well or is faulty. The drivers must ensure to check the ELD frequently to be aware of the malfunctions in the device, if any. Once they detect the malfunction in the ELD device, it becomes imperative for them to submit supporting documents as evidence. It is also crucial for the drivers to start maintaining paper logs until the ELD machine isn’t repaired or replaced. If the driver doesn’t do so, as per Section 395.34A1, the driver may attract a fine.
So, the driver must be aware of the device diagnostics and malfunctions. The drivers must submit a written note to the fleet owner as soon as possible. It is also essential that the carriers get eight days to repair the device. If they need more time, they can request an extension by contacting the FMCSA Division Administrator.
Display not working
Sometimes the display screen of the ELD doesn’t appear clearly. As per Section 395.20B and severity of 5, it is considered a violation.The drivers must ensure that the device screen is visible while mounting it.
Not able to log in and log out
The truckers need to log in to their ELD devices before hitting the road. They also must log out after completing the journey. Some truckers fail to do so and hence, are charged with no record of duty status as per Section 395.8A. This one has a severity weight of 5. Therefore, all fleet owners must make their drivers aware by providing training to ensure compliance. They should have a habit of logging in and out without forgetting the same.
Transfer data
The trucker must be able to transfer data from the ELD device when asked. When an authorized enforcement official asks to transfer data, and the truckers fail to do so, they are charged with ‘no record of duty’ as per Section 395.8A and the severity weight of 5. If the truckers have a fully functional ELD, they can quickly transfer data.
Unassigned driving time
Suppose the trucker fails to assume or decline unassigned driving time on their ELDs. In that case, it will be a violation as per Section 395.32B with a severity of 5, so the drivers need to be
trained to efficiently manage unassigned logs on their ELDs.
Some other ELD violations include:
- 395.11G: Failing to provide supporting documents in the driver’s possession
- 395.22G: ELD not mounted in a fixed position and visible to the driver
- 395.22H1: Driver not maintaining ELD user’s manual
- 395.22H2: Driver not maintaining ELD instruction sheet
Prevention tips
Here are the best tips to prevent ELD violations:
- One of the best ways to ensure effective ELD operation and compliance is to do pre-employment screening program reports or PSPs while hiring the drivers. The driving history report of the applicants will help you evaluate their violation and accident details. The information will also tell you whether the driver needs HOS and ELD training.
- Other than ensuring PSP, as a carrier administrator, it is also important to conduct ongoing driver training to help avoid any future cases of violations. The movement will update the driver with the latest ELD norms and information. The drivers will have a better ability to comprehend violations and know how they can affect CSA scores.
- Another vital thing to do is conduct a compliance check while the maintenance or repair is going on.
- You can prepare a checklist of all documentation, including user manuals, instruction sheets, and more.
- It would help if you also audited the log entries frequently. There are solutions to find HOS violations and errors.
- If you feel that an incorrect ELD violates, you can challenge it. Though it doesn’t happen too frequently, it is not impossible. You can contact FMCSA and ask them to remove the incorrect violation.
- Go for a reliable and accurate ELD solution for your truck. You must make sure that the device must be on the list of FMCSA’s certified ELDs. Remember that there is a difference between self-certified and FMCSA certified; the latter is compliant and not the former. So, do choose a reliable provider.
ELD aims to improve safety for drivers. If you want to be a safe driver or an efficient administrator, you must take care of the ELD mandate and do your best to protect yourself and your business.