1. When is ELD Regulation Mode required?
December 16, 2019
For our customers, all vehicles still in AOBRD Regulation Mode will be automatically put into ELD Regulation Mode on this date as it will be required by law. There will be no exceptions.
With other providers, they will not be allowed to continue to support AOBRDs as they will no longer meet the legal requirements. Carriers and drivers will be responsible for securing a working ELD by the December 16, 2019 deadline.
2. Why do I have to use ELD Regulation Mode?
Because it’s the law.
The FMCSA gave everyone two years to transition from AOBRD to ELD in a 3-phase transition period. Phase 3 implementation is full ELD compliance.
3. I’ve heard there will be an extension/law change?
There will be no extensions or law changes.
The FMCSA has confirmed to us that there will be no further extensions at all and there are no ELD Mandate rule changes on the books.
4. Will there be a grace period?
No. The last two years of transition (Phase 1 and 2) have been the grace period.
Everyone must be in ELD by December 16, 2019 and the law will be fully enforced, starting at that point. Drivers without ELDs could be given out-of-service violations.
5. If I have until December 16th, why should I switch now?
To allow yourself and/or your drivers time to adjust to the differences between AOBRD and ELD modes.
At a recent conference, the FMCSA representatives stressed to use these last months wisely. Time is needed to adjust to the new rules while enforcement is not as rigid. Again, come December 16th, the rules will be fully enforced and there will be no excuses accepted for not knowing how to operate your ELD.
Failing to comply on this date means down time and lost money for you. Don’t wait and risk being put out of service.
6. How can I test ELD Regulation Mode without negatively affecting my logs/fleet?
Set up some testing with a personal vehicle.
You can connect the ELD to your personal vehicle and create a driver account for testing purposes to run in ELD Regulation Mode. Just make sure the vehicle is set to ELD Regulation.
7. What is the biggest difference I will notice?
Automatic transitions into and out of Driving when crossing 5 mph and tight restrictions in the editing process.
All vehicle movement above 5mph with an ELD has to be accounted for, whether as legitimate driving time, a yard move, or a personal conveyance move. This is done by automatically putting the vehicle on the drive line any time it reaches 5mph unless a yard move or personal conveyance status is selected first.
8. What data is automatically recorded?
Date and time, duty status changes into driving/on duty not driving, mileage, engine hours, border crosses, vehicle power on and off, logging in and out of the app, malfunctions, diagnostics, and identifying information regarding who the events originate with (driver, motor carrier, support, etc.).
All the data above is captured automatically in the ELD and is not able to be hidden or edited without record. In addition, while on the drive line, the ELD will create an interval remark for every hour driven.
Events are also required to have a point of origin. This means the officers will see if these are automatically made by the ELD, the driver, or the motor carrier.
9. Can I still edit my logs?
Editing logs in ELD mode is restricted, but there are still some cases where you can make edits.
You can edit any duty status that is Off Duty, Sleeper, or On Duty Not Driving as long as it does not interfere with an automatically recorded Driving status. All edits that are made are logged, along with who made the edit and the time, date, and original data before the change. This data is visible to officers on both roadside inspections and in back office audits.
10. Can I edit or change automatically recorded drive time?
The FMCSA law is firm that automatically recorded drive time cannot be edited in any way. The driver cannot do it. The motor carrier cannot do it. Your ELD Technical Support cannot do it.
11. What if the drive time is a mistake?
No. You still cannot edit it.
The FMCSA is very clear that, even if it is a mistake, automatic driving time cannot be edited. Your only option is to annotate that it was a mistake and add the explanation to the remark associated with that event.
12. What if I accidentally go into driving status while off duty or in the sleeper and it messes up my reset?
You still cannot edit it.
The FMCSA has directed that automatic driving time, despite the circumstance, may not be edited. If you accidentally move the vehicle, leave it in drive overnight or during a vacation, or even if the ELD malfunctions and you weren’t moving, the only permissible solution is to annotate by editing the remark associated with that event.
13. Will this mess up my resets and give me violations?
Not if you annotate the event and document what happened.
If you annotate what went wrong, the DOT will see this and calculate your time accordingly. They have been trained and retrained, according to FMSCA officials, to take into account the annotations when reviewing logs.
14. Will the driver app show that I’m in violation?
Yes, it will show a violation to you, but not the officers reviewing it.
When a mistake occurs, the software doesn’t recognize it as a mistake because it calculates the hours based on how they appear on the log. The calculations can’t account for human error. The violations shown to you in the software are for your benefit only.
If annotated correctly, the DOT will never see any violations reporting from our software. They use the ERODS system and must review all data and perform the calculations themselves to determine whether you are in violation. This is why documentation and annotations are essential.
However, in such events, you will need to keep track of your hours yourself and ignore the violations showing in the software.
15. Can Tech Support fix my logs?
No. Our tech support is not permitted, by law, to make edits to your logs under the ELD Mandate.
If you contact our support team with log errors, they will give you instructions on how to legally annotate and adjust your log edits to reflect your intended entry.
Driver logs and edits to those logs are the driver’s responsibility.
16. How does the officer get my logs?
You will be required to send the officer your logs, preferably by the Data Transfer method.
Once the officer requests your logs, you will need to click on "Roadside Inspection" and start a Data Transfer using the FMCSA Web Services method. To complete the transfer, the officer will provide you with a code for you to input on your device before you click "Submit". This will send the logs to the FMCSA ERODS system where they can be reviewed.
If the data transfer fails for any reason, you can also send your logs via email (if your logs are certified). If you are stuck with no data connection, you may also choose the "Start Review" option on the Roadside Inspection screen and allow the officer to view your logs on your display screen.
17. Is there a way for me to see what the DOT will see on the logs?
Yes, through the FMCSA Web ERODS website.
The FMCSA has provided open access to the same tool that the DOT Officers will use when looking at your logs.
On this site, you are able to submit logs downloaded from the Back Office and see the exact same data they see. Simply upload your logs to review them as an officer would.
18. When does the ELD record automatic transitions?
The ELD will automatically transition into Driving whenever the vehicle reaches 5mph. The ELD will automatically transition to On Duty Not Driving when the vehicle has stopped moving for 5 consecutive minutes.
These limits are part of the law and cannot be changed as you were previously able to in AOBRDs. During Drive time, both the mileage and engine hours will be recorded and saved to the log as well. This will also assist in cases of accidental drive time, as it will be obvious to an officer when the vehicle is moving or not.
19. Do I have to wait 5 minutes for my ELD to transition to On Duty Not Driving?
No. You can make the duty status change manually when you stop the vehicle.
If your vehicle is still moving when you select On Duty Not Driving, it will immediately put you back into the Driving status. You must wait until you have stopped your vehicle completely.
20. What if the vehicle is moved when the tablet is either not connected or in the vehicle or turned off?
Based on engine hours and mileage changes, your ELD will create unidentified driving events.
Once you get back into the app, you will be notified of unidentified driving events while the vehicle was not connected to the app. These events will have to be classified or assigned to the person that was in the vehicle at the time of driving regardless of whether it was a driver, mechanic, yard staff, etc.
If the driver was the one driving, they must accept the driving event into their logs. If the driver was not driving, they must reject the driving entries. Rejected driving entries must be assigned by the motor carrier to the party responsible for the events.
For this reason, every person that moves the vehicle should have a login to the application. If you have a mechanic or other staff, you can simply create an exempt account for them.
21. How can I prevent accidental drive time?
Proper use of Personal Conveyance and Yard Moves.
Most commonly, we see users accumulate accidental drive time when they should be in Yard Moves or Personal Conveyance.
It's important to know the proper uses and scenarios for these statuses. For instance, if you are parked overnight and are asked to move for safety reasons, you would need to do so in the Personal Conveyance status. Failure to do so will result in an automatic Driving event, which will cancel out your reset. Being in Personal Conveyance will prevent the log from automatically transitioning into Driving and will record the mileage under an Off Duty/Sleeper status that will be visible with an orange dotted line on the graph. While in PC, you will be asked regularly if you wish to continue in PC. This is so you don’t forget to remove PC before you start your regular duty status. If you fail to reply when prompted, you will be placed back into regular duty status.
22. What happens if I see a malfunction or diagnostic error?
If you see one malfunction or error, it is best to continue on. If you are getting multiple or consistent malfunctions, please contact our support team.
There are many different types of malfunctions. If your Bluetooth signal does not transmit for 5 seconds, for example, you will get a malfunction. If your location cannot be picked up for a moment, you will get a malfunction.
In some cases, malfunctions will tell you to revert to paper logs. If so, then first try to continue on. If you continue to get the malfunction and cannot operate your ELD, please contact support. All drivers are required to keep a copy of the Malfunction Data Sheet in their vehicle at all times. If you do not have a copy of this, please contact our support team.
23. What happens if I have a malfunction that interferes with recording duty status?
In cases where you cannot fix the issue (after reaching out to our support team), you can revert to paper logs for up to 8 days to have issue addressed.
Malfunctions that are still present after speaking with Support may require more time to resolve. This includes fixing software errors that prevent recording duty status or hardware failures that may require replacements. In these cases, the driver must notify his motor carrier of the issue and the issue must be resolved within 8 days. During this period, the driver will be permitted by law to record duty status on paper logs.
24. If there is a malfunction will Tech Support provide me with a note of proof?
No. The law states that, if there is a malfunction, the only written notification is provided between driver and motor carrier.
The motor carrier may provide written notice to the driver if they so choose, but no written notice is required to be shown by the driver. The only required notification is that the driver must notify the motor carrier so that the issue is reported and steps are taken to resolve it.
25. What else do I need to do to remain complaint?
In addition to all of the above points, the driver will be required to stay current with major revisions to the app.
When there is a major revision to the Hours of Service app, we are required to keep our listing with the FMCSA’s Certified Device list updated to include the latest revisions. If the driver is using a version lower than the one listed, the driver may be out of compliance.
26. How will I know if a major revision to the app is made?
After the December ELD Mandate deadline, we will notify you by email when new major revisions are released, especially when required.
We will update the registry only when the apps are available to the public in the Apple App Store and Google Play Store and have been available for at least 24 hours.
27. How can I make sure my drivers are using the correct app version?
In the Back Office, there is a report that displays all drivers and the app version each is running.
If you navigate to Hours of Service -> Reports -> Driver App Version, you can generate a report telling you what version every driver last reported using. You will then be able to contact the drivers to help them update the app.
28. How often are there major revisions to the app?
There is no set timeline. But not every update to the app is considered a major revision.
We will periodically release versions of the app that are just for stability, bug fixes, or general improvements. These are considered interim releases. These are not required to stay in compliance, but may make things easier for your drivers, so we suggest watching for these as well.
A major revision is considered something that is essential to recording duty status correctly in accordance with FMCSA's rulemaking.
29. What documents are drivers required to carry in the vehicle to maintain compliance?
A copy of the handbook for the software, quick reference instructions, a document containing malfunction codes/processes to follow in case of malfunctions, and at least 8 days of blank paper logs in cases of malfunction. Electronic copies of the handbook and malfunction codes can be found in your application.
30. I have a question or concern not addressed here.
This is by no means a comprehensive list of issues and questions.
If you have questions, concerns, or just need more info to clear up confusion during this transition time, please contact our Tech Support department and we’ll be happy to address them for you.
Also, the FMCSA website contains numerous guides and articles covering the ELD Mandate, including their own FAQ section for your reference.