New DOT Reg Requires Electronic Logging for CMVs


The ELD Rule

Today the DOT released a final rule ( opens in .pdf format— over 500 pages long) requiring use of electronic logging devices (ELDs) by most commercial motor vehicles. The rule will to be published in the Federal Register and gives motor carriers and affected companies a two year window to comply, from the date of publication.

Highlights of the Rule

The new mandate applies to over three million drivers on the road.

MAP-21 mandates this rule.

Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of MAP-21 (Pub. L. 112-141, 126 Stat. 405, 786-788, July 6, 2012), mandated that the Secretary adopt regulations requiring that CMVs involved in interstate commerce, operated by drivers who are required to keep RODS, be equipped with ELDs. (page 45)


Few Exceptions to the Rule

In today’s rule, FMCSA includes an exception from the ELD mandate for driveaway-towaway operations, as defined in 49 CFR 393.5, provided that the vehicle driven is part of the shipment delivered. (For more details, please see page 74)

The rule will not apply to drivers in commercial vehicles manufactured before model year 2000.

FMCSA also includes an exception for to those drivers operating CMVs older than model year 2000, as identified by the vehicle identification number (VIN) of the CMV. p. 75

“Subject to limited exceptions, today’s rule establishes clear requirements for the use of ELDs in CMVs operating under circumstances where drivers currently must keep paper RODS. Generally, the requirements apply to drivers who are subject to the HOS limits under 49 CFR Part 395, and do not satisfy the short-haul exception to the RODS requirement.” p.84

The Agency, however, has provided limited exceptions from the ELD mandate. The 8-day out of 30 threshold is intended to accommodate drivers who infrequently require RODS.

ELD use will be required only if a driver operates outside the short-haul exception to the paper RODS provision for more than 8 days of any 30-day period. (p.85)

For those motor carriers whose drivers engage in local operations, ELD use would be required only if a driver operates outside the timecard provisions of part 395 for more than 8 days of any 30-day period. The requirement would be applicable to the specific driver rather than the fleet. FMCSA notes that its safety requirements generally do not vary with the size of the fleet and the ELD rulemaking should not deviate from that practice. (p.87)

Today’s technical specifications require that all ELDs be integrally synchronized with the engine. However, the rulemaking does not preclude the use of smart phones or similar devices which could achieve integral synchronization, including wireless devices. (p.88)

All CMVs are Included

. . . FMCSA declines to limit the regulation to CMVs over 26,000 pounds or exempt small passenger vehicles. (p.90)

What to Expect

More information will follow in the months ahead from the device manufacturers. As new devices come on the market, expect the costs of the units and service contracts to decline over time.

Thank you for reading this.



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