Well, it did not take long

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.

 

ZVar,

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.

 

As shown on the link, that guidance I posted is still active.
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.

 

This is correct and a process we have already begun to improve. Just last month, two carriers I investigated had a history of previous DOTs with denials or operating authority revoked. Found to be in violation of same regs that led to previous company’s being shut down. It’s not hard to catch these carrier owners, our vetting team has had better training and soon we will see less DOT numbers issued to said applicants.

 

This is mandated in the final rule but simplified in this statement on our site:

According to the ELD rule technical specifications, an ELD must support one of two options for electronic data transfer:

1. 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.
2. 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®.

To ensure that law enforcement is always able to receive the hours-of-service (HOS) data during a roadside inspection, a driver must be able to provide either the display or a printout when an authorized safety official requests a physical display of the information.

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.

 

Dune,

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.

 

They should be more than removed from the list. They should be found and prosecuted to the fullest extent of the law.

 

Well we could always use more tips. Carrier making you drive tired or sick? Carrier making you log drive time as PC? See a safety issue? Know of a dirty carrier?

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.

 

Bullsh-- For almost 6 months, I personally spoke to DOT troopers about a situation, at least 6. Northing was ever done. I even emailed Richmond. Still nothing. Then one of the drivers, I had reported, had a major accident. Even after it was discovered that he was not even on the ELD and the company sent in "falsified logs" nothing was done.

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!!!!!!