ELDs Now or Later? Early Adopters Can Choose
This story appears in the April 17 print edition of iTECH, a supplement to Transport Topics.
Seth ClevengerThe ELD rule includes a provision that gives early adopters of today’s e-log systems — classified as automatic onboard recording devices, or AOBRDs — an extra two years to update or replace those systems to meet the new device specifications outlined in the Federal Motor Carrier Safety Administration’s final rule.
And some fleets using AOBRDs said they intend to take advantage of that grandfather provision, especially after FMCSA recently clarified a key detail in the regulation.
In a mid-February update, FMCSA said fleets will be allowed to transfer their existing AOBRDs to new trucks during the two-year grandfather period as long as those devices were in use on another vehicle before the December implementation date. Previously, it had been unclear whether new trucks purchased after Dec. 18 would need to be equipped with devices that comply with the ELD rule.
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Joe DeLorenzo, director of FMCSA’s office of enforcement and compliance, reiterated the agency’s clarification Feb. 28 at Omnitracs’ annual user conference and acknowledged that the agency “switched gears a little bit” based on the regulatory language.
While that might seem on the surface to be a relatively minor detail, it is changing the way some AOBRD-equipped fleets are thinking about the transition to ELDs.
Now that it’s clear that it will be a viable option for fleets to continue using their current AOBRDs on replacement trucks, there is less urgency for them to make that switch.
Prime Inc., for one, had been considering rolling out ELDs in December but now plans to take advantage of the grandfather period due to that clarification, said Steven Field, the fleet’s director of safety.
“I’m not going to be in a hurry to move our folks over to the ELDs,” he said during a panel discussion at the Omnitracs conference. “I think we’re going to sit back. We’re going to grandfather in and kind of take a look and see what else happens.”
Landstar System also has decided to stick with its AOBRDs beyond the December implementation date and “let a lot of this stuff iron itself out,” said Mahal Cason, director of logs at the fleet. Landstar plans to use that extra time to provide additional training and secure greater driver acceptance before switching to ELDs, she said.
However, if trucking companies plan to expand the size of their fleets during the grandfather phase from December 2017 through Dec. 16, 2019, they will not be able to purchase and install new AOBRDs on those additional vehicles.
“Those will have to be ELDs at that point,” FMCSA’s DeLorenzo said.
As a result, fleets that plan to grow their power unit counts over the next 2½ years may decide to make the move to ELDs sooner to avoid operating with a mix of technology.
“I don’t want to go through a process where we have a blended fleet operation — where some guys are on AOBRD and some guys are on ELD,” said Russ Elliott, senior vice president of operations at Melton Truck Lines. “We try to keep it simple. … I don’t want any blended mix.”
While most current AOBRD systems can become compliant ELDs through a software update without any hardware changes, fleets using AOBRDs still will need to consider how they will manage the details of the ELD rule, including drivers using their trucks for personal conveyance.
And those fleets deserve greater flexibility in planning for those changes. Trucking companies that have adopted a current e-log system already have demonstrated their commitment to complying with hours of service. FMCSA was wise to protect and reward the investments made by these early adopters by including the grandfather provision in its ELD rule.
