It’s been nearly a month since the electronic logging device mandate (ELD) went into effect. The ELD mandate is a federal rule issued by the Federal Motor Carrier Safety Administration (FMCSA) aimed at creating a safer work environment for drivers and making it easier for drivers to track and manage records.
While the mandate has been in effect since December 18, 2017, there are still plenty of questions surrounding it — including the number of drivers that have yet to comply.
According to Kevin Hill, president of CarrierLists, nearly two out of three drivers had yet to adopt the ELD system a month before the mandate went into effect. “I think some of them are going to try to hold out,” Hill stated. “I think a lot of them had equipment on back order. I expect that once we get well into January, it will start rising again once they get their devices from back order.”
But since then, ELD rates (at least among small carriers) have risen to around 75 percent. And some estimates may be even higher. According to CarrierLists’ most recent survey data (as of Jan. 8), “90.5 percent of the fleets surveyed the first week of 2018 indicated they were now up and running with their ELDs.”
One potential explanation for the number of holdouts is the fact that some drivers are running AOBRDs (automatic onboard recording devices), which are grandfathered in until 2019. Another explanation may be the so-called “hard enforcement” deadline that is set to begin in April. That is, under the hard deadline, enforcement officers won’t put truckers out of service for non-compliance until the first of April. As a result of this hard enforcement deadline, some drivers may wait until the last minute before switching over.
As more and more drivers are required to electronically log the number of hours they are on the road, the result may be a less-fatigued workforce, which in turn could provide for safer roads across the country.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.