The FMCSA & E-Logs: Know the Rules and Consequences

FMCSA released the new CVSA inspection bulletin pertaining to Electronic Logging Devices (ELDs) and Automatic On-Board Recording Devices (AOBRDs). The rules beginning December 18, 2017, are outlined below. 

NO RECORD OF DUTY VIOLATIONS

A driver is considered to have a no record of duty status if:

• The driver/carrier is using an ELD that is not authorized by the Federal Motor Carrier Safety Administration (FMCSA) 
• The driver is unable to produce or transfer the data from an AOBRD or ELD to an authorized safety official as required
• The carrier does not repair a malfunctioning ELD or AOBRD within eight days or obtain an extension from the FMCSA Division Administrator
• The driver does not log into the ELD device as required
• The driver is required to have an ELD, but the vehicle is not equipped with an ELD or AOBRD

If a property-carrying vehicle has a no record of duty status, the driver will be placed out of service for 10 consecutive hours.

FALSE RECORD OF DUTY VIOLATIONS

A driver is considered to have a false record of duty status if:

• The driver indicates use of a special driving category when not involved in that activity

If a property-carrying vehicle has a false record of duty status, the driver will be placed out of service for 10 consecutive hours.

NO PREVIOUS SEVEN DAY VIOLATIONS

A driver is considered not to have the previous seven days of logs if:

•  The driver with a malfunctioning AOBRD or ELD fails to reconstruct logs for the current twenty-four hour  period and the previous seven days as required

If a property-carrying vehicle has no previous seven days of logs, the driver will be placed out of service for 10 consecutive hours.

For a digital download of the above information and additional ELD resources click here.

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