Electronic Logging Device (ELD) requirements

In an effort to create a safer work environment for drivers and improve data tracking, the Federal Motor Carrier Safety Administration (FMCSA) issued the Electronic Logging Device (ELD) rule (49 CFR § 395.)  ELDs have been required in commercial motor vehicles (CMVs) since December 2017 (49 C.F.R § 395.8.)

What is an ELD?

An ELD is a device or technology that synchronizes with a truck’s engine to automatically record driving time. They facilitate easier, more accurate HOS recording and meet the requirements of the FMCSA’s ELD rule (49 C.F.R. § 395.2.)

The ELD rule

The ELD rule defines a large number of parameters, such as device certification. For example, the ELD rule establishes:

• Who is required to use an ELD? (see below)
• What supporting documents are required in addition to the ELD (49 C.F.R § 395.11)
• Minimum performance and design standards for ELD (49 C.F.R. § 395.20-395.38)
• Restrictions prohibiting motor carriers from harassing drivers through ELDs (49 C.F.R. § 390.36)

Do I need an ELD?

The FMCSA’s ELD rule applies to all CMVs as defined by 49 CFR 390.5, which states that a CMV is any self-propelled or towed motor vehicle used on a highway to transport passengers or property in interstate commerce when the vehicle:

• Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 lbs.) or more, whichever is greater
• Is designed or used to transport more than 8 passengers, including the driver, for compensation
• Is designed or used to transport more than 15 passengers, including the driver, without compensation
• Is used to transport hazardous materials as defined by the Secretary of Transportation (49 U.S.C. 5103) and transported in a quantity requiring placarding by the Secretary of Transportation (49 C.F.R. § 172.500-172.560)

The federal definition of CMV includes pick-up trucks or large passenger vans if they meet the criteria listed above.

If you operate in intrastate commerce, you will need to verify if your state is partially or completely adopting the ELD rule. Some states automatically codify federal rules while some states use a different definition of CMV. Please check with your local authorities for state-specific information.

Exceptions to the rule

There are a few published exceptions to the rule. For example, vehicles that have an engine built in 1999 or older are not required to have an ELD. Drivers still need to follow HOS regulations and may need to keep a paper log (49 C.F.R. § 395.8.)

In addition, your vehicle is not required to have an ELD if it is being used in a tow-away operation and the vehicle being driven is part of the delivery (49 C.F.R. § 395.8.)

Short Haul Exception

If you qualify for the Short Haul Exception – also known as the 150 Air-Mile Exception – you are not required to use an ELD unless you exceed the exception nine times or more during any consecutive 30-day period (49 C.F.R. § 395.8a.) The Short Haul Exception may also be called the Timecard Exception as a driver uses a time record, such as a timecard, to record hours rather than a driver’s log.

150 Air-Mile Short Haul Exception for CDL drivers 

The FMCSA definition of the Short Haul Exception states that vehicles requiring a Commercial Driver’s License (CDL) can use the 150 Air-Mile Exception if the driver:

Operates within a 150 air-mile radius of the work reporting location

• Starts and ends their working day in the same location
• Drives no more than 11 hours of a 14-hour shift
• Ends the work day after 14 hours
• Has at least 10 hours off duty prior to returning to work (49 C.F.R. § 395.1e)

The motor carrier must maintain daily time records for six months indicating the following:

• Time the driver reports for duty
• Time the driver is released from duty
• Total number of hours the driver is on duty
• Total time worked in previous seven days (for new or intermittent drivers) (49 C.F.R. § 395.1e)

150 Air-Mile Short Haul Exception for CDL drivers

The FMCSA definition of the Short Haul Exception states that vehicles that do not require a CDL can use the 150 Air-Mile Exception if the driver:

• Operates a property-carrying CMV for which a CDL is not required
• Operates within a 150 air-mile radius (172 statute miles) of the work reporting location
• Returns to the work reporting location at the end of the day
• Has at least 10 hours off duty prior to returning to work
• Drives no more than 11 hours between each 10 hours off
• Ceases driving after the 14^th hour after coming on duty on 5 days of any 7 consecutive days
• Ceases driving after the 16^th hour after coming on duty on 2 days of any 7 consecutive days
• Ceases driving more than the 60- or 70-hour weekly limit, 7- or 8-day schedule

The motor carrier must maintain daily time records for six months indicating the following:

• Time the driver reports for duty
• Time the driver is released from duty
• Total number of hours the driver is on duty
• Total time worked in previous seven days (for new or intermittent drivers) (49 C.F.R. § 395.1e)

NOTE: An air-mile is considered a nautical mile, which is slightly different than a statute or road-map mile. You may use 172 miles when using road mapping software to determine radius.

Agricultural exemption

You are not required to have an ELD if you qualify for an agricultural exemption from HOS regulations. This exemption applies to CMVs hauling commodities or farm supplies within a 150-mile radius during the state official planting and harvesting season (49 C.F.R. § 395.1k.)

This is a federal exemption and differs by state. Seek guidance from local authorities in each state where you drive or operate.

Conclusion

We encourage you to speak with your local authorities or call your Nationwide risk management consultant for further guidance.