As we reach the end of the grace period for ELD compliance, the FMCSA has admitted that there are ongoing problems with the technology that they are requiring motor carriers to have. Most notably, drivers are facing issues with getting devices to track time and data accurately. In the most extreme cases, ELDs are reporting that truckers are hundreds of miles from their actual locations. Because the sole purpose of the device is to accurately track time and location, these malfunctions are worrisome. Malfunctioning ELDs pose a couple of problems:
- If truckers are over their hours because the device is incorrect, they could face fines from the FMCSA
- If they are under their hours, they could face repercussions from their employers
- If the device incorrectly reports that a truck is in a state for which the driver does not have a permit, they could face penalty for that as well
These violations could potentially endanger the livelihoods and licenses of truckers all over the country. While the FMCSA has acknowledged that there are problems with the devices, action has not yet been taken to solve the issue. Most of the people that have complained have been told to switch ELD companies.
Part of the problem is that the federal agency allowed companies to self-certify that their devices worked. This practice is pretty standard for the FMCSA, but this influx of problems is unprecedented. To help offset all the problems, the FMCSA has been issuing waivers to truckers that have experienced issues, but most of them are about to expire and they have yet to issue more.
Outside of the FMCSA, independent companies that produce ELDs have increased the amount of customer service employees to handle the influx of calls they are getting in regard to misfunctioning devices. Should these issues not be resolved soon, owners and operators could face weekly fines up to 15,000 dollars. This could put many of them out of business.
Written By: Shayla Powers
DRIVER HESITANCY ABOUT ELDs
As we approach the second phase of the three-phase compliance time line, there has been increasing hesitancy and even full-blown refusal from those in the trucking industry. Some of the complaints are reasonable: they are worried about the high costs of the logging systems themselves, as well as the upkeep of the devices draining the resources of smaller companies and ultimately putting them out of business. The ELDs can cost anywhere from $160 to $500 and the upkeep depends on the system. If you want more information about those costs, check out this blog I wrote when the initial ruling was made. Some of the other fears, however, can easily be soothed.
The trucking industry is typically very slow to change, and most major compliance rules are met with a lot of initial push back. One concern that emerged following the ELD mandate that has snowballed within the last few weeks, is the security of the systems themselves in regard an outside person’s ability to hack into them. There are a number of people that are under the belief that because the ELDs are a computer system that monitors the activity of the engine and the brake system, that a hacker can take control of the system from outside of the vehicle. That is not quite true. ELDs, while they do operate on a computer system, do not automate the vehicle, and do not have the capability of doing so. They are completely safe to use. The FMCSA addressed this issue and many others on their FAQ page. There is no current requirement for the automation of truck-tractors, and it is unlikely that there will be any time soon. The nation, or really the world in general, cannot function without the trucking system as it currently stands, and human skills and reasoning in this area are not things that can easily be replaced by a machine. Truckers do not need to worry about ELDs subjecting them to harm or a violation of their safety. If you would like to learn more about ELDs and the FMCSA’s rule, visit their website, or check out our blog.
Written by: Shayla Powers