The data transfer from the truck is not what is important. The biggest reason the FMCSA wanted an ELD mandate, and to replace all the AOBRD devices is to make the data files uniform. They either have or will have shortly the capability to call any trucking company office, and ask for all the ELD files to be emailed for the last 6 months. No audit, no advance notice required. They will then run all those files through the algorithms to detect abnormalities, too much PC time, edits, etc. Companies that are using "service providers" as described in the original post, if they have covered their tracks well enough will be hard to detect.
But since the FMCSA is approving 134 new DOT numbers EVERYDAY, over 34,000 per year, it won't be hard to get back on the road again if they do get caught.
Well, it did not take long
Discussion in 'ELD Forum | Questions, Answers and Reviews' started by DUNE-T, Dec 20, 2019.
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Apologies for the late response. I don’t check this board daily. The guidance in which you referred was guidance for the implementation phase. Mid-December that guidance shifted to the mandate phase and now it is required to transfer. More information can be found on our website: ELD - Drivers and Motor Carriers. There should be a link specifically for the transfer information.
I understand it feels as if regs change too quick, but when we roll out new policies, we do it in phases in hopes carriers have time to get guidance to drivers.Accidental Trucker Thanks this. -
Show me a requirement where a transfer is required. Not simply an option, but required.
Preferably the actual regs, but I'll take guidance too. -
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According to the ELD rule technical specifications, an ELD must support one of two options for electronic data transfer:
- The first option is a "telematics" transfer type ELD. At a minimum, it must electronically transfer data to an authorized safety official on demand via wireless Web services and email.
- The second option is a "local" transfer type ELD. At a minimum, it must electronically transfer data to an authorized safety official on demand via USB2.0 and Bluetooth®.
https://www.govinfo.gov/content/pkg/FR-2015-12-16/pdf/2015-31336.pdf
https://eld.fmcsa.dot.gov/File/Open/21d96879-324e-1f2f-e053-0100007fdfb5
Drivers not able to transfer could be cited for 395.24(d)
You should be able to confirm with your carrier safety manager or by calling your local FMCSA division but the information is right there in the final rule which became effective Dec 16. -
We are aware of this. You are mostly correct that it’s harder to catch but it only takes one roadside level 3 to find a carrier using a driver with the eld shut off, not connected, or manipulated. Then it’s easy to build a false log case and get the eld service removed from list.
We’re always going to be playing catch up and trying to level the playing field but FMCSA Investigators are very outnumbered. -
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NCCDB - National Consumer Complaint Database
Insider tip: we protect identities even if you don’t file as anonymous. Put your phone number so we can call for more details if needed.Studebaker Hawk Thanks this. -
At this point, I sit down and wrote the FMSCA district office. I had names, dates and truck numbers. An audit did take place, but the company was notified a week in advance, so everything was "clean" when the audit took place.
Personally, I contacted one of the DOT trooper that investigated the accident, his reply, "I did all I could, I am just a lowly trooper out here on the road. I reached the limit of my authority".
The whole thing is a JOKE!!!!!!scottied67 Thanks this.
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