March 4, 2015
By: AUSTIN
On February 27, 2015 the FMCSA announced the Final Rule mandating the use of electronic logging devices will be published on Sept. 30, 2015. In early February, as a part of its “significant rulemaking report” the agency had pushed the regulation for final mandate out to Nov. 9, 2015 from the original Sept. 30 date. The move back to the initial date signifies the FMCSA’s commitment to publishing a rule and that the industry needs to starts preparing for the ruling. Once the rule is published, the compliance date will still be giving two years to carriers and truck operators to migrate to electronic logging devices.
As carriers begin contemplating the move to ELD, they should begin assessing technology solutions that are already compliant with Federal Motor Carrier Safety Regulation 49 CFR § 395.15. In addition to compliance, many forward-thinking carriers that have already made the transition to AOBRD and are seeing the additional benefits of the technology including improved fleet productivity, safety, CSA scores and the ability to lower operating costs.
Prior to the Sept. 30 ruling, it is anticipated that the proposed ‘Prohibition of Coercion’ rule will be finalized. The new rule will properly define actions as it relates to coercion by third parties including carriers, logistic operators and shippers that may push drivers to violate hours of service rules. Those offenders—who could reside anywhere along the supply chain—could be penalized up to $11,000 and also suffer punitive damages if there are labor claims to be found under this new rule. In essence, the new coercion rule will protect drivers from being pressured to deliver loads under unrealistic time frames or operate unsafe vehicles.
Shippers, receivers, brokers and carrier dispatchers should pay careful attention to the coercion ruling and comprehend the process.
If you’d like to learn more about the ELD Mandate, contact us online.