Eld Exemptions Allowed By Mandate
Important ELD Exemptions Facts
The ELD mandate which governs the overall trucking industry has some ELD mandate exemptions. Not all the drivers or every company is pretty much the same as the one next to it. With this in mind, it is also important to note that there is no rule that has a one-size-fits-all solution.
Thus, it is crucial to understand that there is quite a lot of controversy which takes place in the industry about the ELD Mandate. And, another thing that you would have to keep in mind is that there are ELD exemptions that have to be addressed when you have an audit.
Exemptions from the electronic logs mandate include a variety of specifications, and there are drivers and fleets who operate a variety of businesses and older vehicle models.
What are the Electronic Logs Mandate Exemptions?
Now, the important thing that you would have to keep in mind here is the definition of Commercial Motor Vehicle given by the FMCSA (Federal Motor Carrier Safety Administration).
Under its regulations, is regarded as, any self-towed vehicle used on a highway in interstate as commercial to transport passengers or property.
Now, there are a few different specifications that you would want to abide by.
Here they are – the vehicle has to:
- Be designed or to be used for the transportation of more than eight passengers for compensation.
- Be designed for the transportation of more than 15 passengers (with the driver included) and it is not used to transport these passengers for compensation;
- Have an overall vehicle weight rating or a combination of said rating or gross weight of the vehicle of 10,001 pounds or more than that, depending on the metrics
- Be used in the proper transportation of a severe quantity of hazardous materials that require a placard.
Now, if we take this particular definition in mind, the FMCSA has already made quite a few exemptions to the ELD mandate. And this is in consideration of the short-haul drivers and also the age of the vehicles.
Do Small Carriers Need to Comply?
Two studies have indicated that small carriers will be more unwilling to switch to ELDs.
- A study of more than 400 operators from Transplace discovered that only 33% of small fleet operators (with less than 250 vehicles) had completely installed ELDs. Meanwhile, 38% had “no instant plans to start ELD implementation.”
- Fisher, Tyson, report In a poll of over 1,000 truck operators released by Land Line magazine on TruckStop.com, 84% of truck operators (mostly owners of one to five trucks) had not yet bought or installed ELD.
Again, the ELD rule applies to carriers and drivers that are needed to keep RODS and do not fall into any of the above exceptions.
The Electronic Logs Mandate Exemptions include:
No RODS – these are drivers who use timecards, and they do not have to keep a Record of Duty Status (RODS).
- Therefore, this includes drivers who are taking advantage of 100 air-mile as well as 150 air-mile short-haul exemptions.
- These are short-haul drivers who take much longer trips from time to time.
- However, vehicle drivers who break the short-haul exception more than eight times in a 30-day period would need an ELD.
- And these ELD exemptions indicate that short-haul drivers that rarely make longer trips would not need to upgrade
A few RODS – these are drivers who would only use RODS for less than eight days for a total of 30 days period.
If the driver breaks this particular short-haul exception with just one day, they would have to use an ELD for the entire remaining 30 days.
Drive-away or Tow-away – these are fleets drivers which are scheduled to operate drive-away and tow-away operations.
According to the FMCSA regulation, they are covered by ELD mandate exemptions.
Trucks before 2000 – if the truck was manufactured before the year 2000, they wouldn’t need an ELD.
Because the majority of vehicles built before 1999 do not have a control module in the engine.
And this is something required for the ELD to function correctly.
Once you replace this old vehicle, however, you are not covered by the electronic logs mandate exemptions. Thus, you would have to go ahead and put an ELD in place.
There are quite a lot of different situations in which an ELD would not require. And this is something quite remarkable, and you would have to take it into account. If you are covered by the ELD mandate exemptions, you can keep on logging your HOS the old-fashioned way.
Understanding The Eld Exemptions of Vehicles Older Than 2000 Model-Year
While it is evident to the FMCSA that trucks older than the model year 2000 are exempt from using an ELD (although the driver will have to maintain paper logs or use an AOBRD), there are ELD exemptions to the rule.
Trucks not excluded under this electronic logs mandate exemptions:
- The fleet should use an ELD that does not operate on ECM connectivity if the engine does not support an engine control module (ECM)
- A vehicle with a glider kit that is newer than 2000, but the model year of the car is older than 2000
The FMCSA makes it possible for a driver without using an ELD on a commercial vehicle older than the 2000 model year. But, the ELD must conform with the technical requirements of the rule and might use alternative sources to acquire or estimate the parameters needed for the vehicle.
Overview of Radius Exception Short-Haul/100 Air-Mile
There are quite some conditions to qualify for the short-haul ELD exemptions from § 395.1(e):
- Conduct business within a standard work-reporting location 100/150 air-mile radius
(100 air-miles if you are a company or commercial driver’s license (CDL) driver and 150 air-miles for drivers without a CDL).
- Start and go back to the same place
- 12 successive duty hours
According to FMCSA requirements, an air mile is equal to 115,08 status miles (185,2 kilometers). It is based on the 6,076 feet (1,852 meters) global nautical mile.
For short-haul drivers, these additional regulations are also applicable, these ELD mandate exemptions also extend to short-haul drivers:
- Cannot exceed 11 hours of driving time
- Must log at least ten consecutive hours of time off after shift
If the driver is unable to satisfy these requirements, a logbook for the day will have to complete as the vehicle is regarded as a CMV. Thus, the truck and vehicle are therefore subject to an inspection of the vehicle according to § 396.11 and § 396.13 If they fulfill the requirements of a CMV collectively. Therefore, it will become necessary to fill and store a DVIR (Driver Vehicle Inspection Report).
Before an operation, the previous Driver Vehicle Inspection Report (DVIR) must review the next time the vehicle or trailer is used. The log records and records of the inspection report must be stored and submitted to law enforcement as well as at the time of a carrier audit.
Understanding 100 Air-mile Radius
Many industry driver’s license (CDL) drivers are subject to the short-haul ELD mandate exemptions. Many such drivers report to work and will either carry their loads to a particular place or perform a daily distribution.
Then they go back and return their truck. To qualify, drivers must:
- Operate from their usual job reporting place within a 100-mile radius
- Have every 12-hour shift at least 10 hours off duty
- At the same location, start and end the day
- Not more than 11 hours of driving
- Release within 12 hours from the job
Understanding 150 Air-mile Radius
The short-haul ELD mandate exemptions also cover several non-CDL drivers. To qualify, drivers must:
- At the end of each duty trip, return to the usual reporting place
- Conduct operations within a 150-mile radius of the area to which they report and are discharged from work
Moreover, they should not:
- Drive any vehicle requiring a CDL
- Drive on two days of any seven successive days after 16 hours of duty
- Drive on five days of any period of 7 consecutive days after 14 hours of duty
Could a Small Vehicle qualify as a Commercial Vehicle?
The reply to this issue on electronic logs mandate exemptions linked to the Gross Combination Weight Rating (GCWR) and Gross Vehicle Weight Rating (GVWR)
GVWR vs GCWR
GVWR is described as the highest possible vehicle operating weight set by the manufacturer.
And this includes the vehicle itself, e.g.;
- Body
- Engine
- Chassis
- passenger
- engine fluids
- freight weight
- including driver
- fuel and accessories
GCWR is the stipulated total weight of the manufacturer for a vehicle towing a trailer. And this includes:
- the weight of the vehicle
- and the attached trailer
- the passengers
- the driver
Vehicles mostly specialize in delivering various kinds of goods. Semi-trailers could be equipped with different trailers such as box trailers, flatbeds, carriers, tanks as well as other specialized trailers. Examples of vehicles specialized in delivering particular kinds of products are dump trucks and concrete mixers.
It will become a CMV If the vehicle, load, as well as any trailer (including load) GVWR/GCWR you are transporting at a specific time exceeds the 10,001 pounds or higher definition of CMV found in § 390.5. Thus, regulating the vehicle is empty or loaded.
If you discover that your vehicle has now been categorized as a CMV, even when it’s a pickup, the vehicle’s driver should, therefore, act by the hours of service safety standards. Therefore, you must comply with all laws during the time you satisfy the requirements of a CMV, including stopping at roadside inspection stations. Or you are having US Transportation Department (U.S. DOT) on the side of the vehicle.
APA Exceptions
An exemption from the ELD directive sought by the American Pyrotechnics Association (APA) confirmed by the Federal Motor Carrier Safety Administration (FMCSA).
- Throughout the Independence Day season, the group asked for the ELD mandate exemptions for APA member companies.
- The agency confirmed that these companies would continue using paper records for a certain period instead of an ELD.
- FMCSA determined that the exemption terms and conditions ensure a level of safety equal to, or higher than, the level of protection attained without the exemptions.
- The agency has added “sufficient” safety ratings to all carriers concerned based on compliance reviews and is therefore not subject to any “impending danger” or other out-of-service orders.
- For last year’s Independence Day holiday, APA enjoys a comparable exemption.
Exemption Extension Details
Phased-In ELD Compliance
On or before December 18, 2017, fleets that bought and installed an AOBRD device were still permitted until December 16, 2019.
Although fleets with permitted AOBRDs appreciate an ELD mandate exemptions to implement electronic logs, time is going to tick all the same.
Full Compliance
It is clear from the FMCSA that fleets would no longer be required to be using the grandfathered AOBRDs after Dec. 16, 2019.
And, therefore, all drivers and carriers subject to the rule must use self-certified ELDs that are registered with FMCSA.
Important Things to Remember
1. You Have to Obey HOS Guidelines If You Are Exempt from The ELD Mandate
- The above ELD mandate exemptions specifically relate to the ELD mandate … you will still need to ensure compliance with HOS regulations and maintain simplified records (if necessary).
- Trying to qualify for any of these ELD exemptions would not necessarily indicate that you are exempt from duty monitoring records.
- Even commercial vehicle riders with ELD exemptions from the new ELD directive must keep paper logbooks when they are required to do so by law.
- Therefore, an exemption from the ELD mandate does not constitute an exemption from keeping records of hours of service.
2. You Are Not Prohibited from Using an ELD If You Are Exempt
Indeed, many exempt fleets and owner-operators choose to use ELDs due to the many advantages they enjoy, including:
- Simplicity
- Enhanced accuracy
- Paperwork reduction
- Resulting in time and cost savings
- Estimate arrival times for commercial loads
- The capacity to maintain/improve CSA ratings
- The ability to monitor vehicle usage and location
Furthermore, it’s safer to get an ELD if there’s a possibility you’re going to run outside of an exemption.
Eld Mandate Exemptions Won’t Last Much Longer
Even though these ELD mandate exemptions now exist, please bear in mind that they won’t permanently exempt your fleet or drivers.
As the rule now stands, effective from December 2019, many, if not all, of the special exceptions and electronic logs mandate exemptions, will become null and void.
Fairly soon, becoming completely compliant with the Eld Mandate will eventually pay off by drivers of the fleet with better compliance, fewer headaches of compliance, and ultimately better efficiency.
Get an ELD Regardless
That’s the thing – even if they are not mandatory, ELDs do a great job.
And, of course, if you can afford to install them, from a financial and technical perspective, this is certainly something that you are better off trying out.
These are devices that would provide you with a chance to save a substantial amount of time, effort, and money. An ELD is going to give you access to a lot more data compared to whatever you had before that.
Fleets and owner-operators will enjoy the way their driver is operating the truck and have a direct overview of the performance of the entire fleet. You would be able to capture hard braking, excessive and unnecessary long idling times, and improve the time spent on the road.
And this is going to enable you to reduce the overall cost and spending on fuel as time goes by. ELDs are also going to help you reduce violations for reporting as well as the HOS, which would lower the overall costs.
Conclusion
All these electronic logs mandate exemptions illustrate the clear intent underneath the ELD mandate itself. And that is to ensure the safety of hard-working people driving big trucks for a living and meeting the requirements of DOT truck inspection.
Regardless of whether you qualify for an ELD exemption or not, by using ELD devices, you could still save a great deal of time and money while improving service effectiveness.
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