There have been a lot of folks anxiously awaiting news that the ELD mandate is going to be reversed. Or at least that enforcement will be postponed. But the statement released on August 28, 2017, by the Commercial Vehicle Safety Alliance (CVSA) made it clear that not only will the mandate go into effect as planned on December 18th, but drivers who are caught without a mandate compliant ELD solution are likely to be cited, fined, and penalized to the fullest extent.
Let’s look at what exactly the CVSA said:
“The Federal Motor Carrier Safety Administration’s (FMCSA) congressionally mandated ELD compliance deadline is still set for Dec. 18, 2017. On that date, inspectors and roadside enforcement personnel will begin documenting violations on roadside inspection reports and, at the jurisdiction’s discretion, will issue citations to commercial motor vehicle drivers operating vehicles without a compliant ELD. Beginning April 1, 2018, inspectors will start placing commercial motor vehicle drivers out of service if their vehicle is not equipped with the required device.”
What does this mean?
Well, clearly it means that starting December 18th drivers can and will be issued citations for not being compliant with the ELD mandate. But the punishment for not being compliant will not include being put out of service until April 1, 2018. The CVSA, which sets out the criterion for when a driver is put out of service, is not going to be taking drivers off the road if the only violation an officer finds is that the driver does not have an ELD. Of course, if an officer finds any other violations that would put a driver out of service, that driver will need to get comfortable for the next 10 hours.
In fact, the FMCSA Spokesperson Duane DeBruyne was quoted in the Commercial Carrier Journal as saying that, “[a]fter Dec. 18, 2017, if you don’t have an AOBRD or ELD the violation will be cited, and a driver could be fined, but they won’t be put out of service. Companies that continually violate the rule could be subject to federal investigation as well[.]”
Essentially, the FMCSA and CVSA are treating not having an ELD the same as not having any logs at all.
You should have no doubt that the FMCSA and the CVSA fully intend to enforce the mandate starting December 18, 2017. Even without the threat of being taken off the road, the penalties for not adopting an ELD solution are steep, possibly costing thousands of dollars and serious headaches.
Become compliant. Request a demo of the Motive ELD solution today.