FMCSA has been talking up Hours of Service (HOS) compliance rates since the ELD mandate went into effect. A 52% reduction in violations. Over 99% compliance among carriers. But even the FMCSA is now admitting that they’ve been made aware of “some instances of fraud and abuse” using ELDs – and that they may not be equipped to deal with those issues.
Acting FMCSA Administrator Jim Mullen was speaking with industry insiders recently during an annual meeting of the Truckload Carriers Association (TCA) when the topic of Electronic Logging Devices (ELDs) came up.
According to FreightWaves, Mullen was asked whether or not it was true that many Canadian carriers were altering records on ELDs to make it appear that their drivers were compliant. While FMCSA doesn’t regulate Canada’s roads, the topic quickly shifted to carrier behavior here in the United States.
“We are aware of some instances of fraud and abuse on ELDs,” Mullen said. “We investigate those very diligently.”
And while Mullen told Overdrive that the FMCSA has “a process” by which they can de-certify ELD vendors, it’s not clear that any actual action has been taken.
“I have been planning on reaching out to ELD vendors to detect how you can circumvent the rules on fraud and abuse and what the industry can do to help,” Mullen said.
One of the ways that Mullen may be hoping that the industry will help is by telling the FMCSA who is breaking the rules – and how.
“We’d love to partner with the regulated community on weeding out those who are participating in fraud and abuse on ELDs,” Mullen told Overdrive.
According to Freightwaves, Mullen claims that the FMCSA doesn’t have the technical capabilities to even find out which ELD models have issues. Instead they hope to rely on ELD providers to police themselves.
“Any foresight and information on how vendors are able to circumvent the rules, we’re all ears,” said Mullen.