New Mexico Scales

Its not the weight station. To my knowledge, you are suppose to have an approved eld device connected to the vehicle even if you are using a mobile app. Off course just your app running is not proof of anything since it is not connected to the eld device that won't lte you cheat. You see now where the issue is?

 

The first thing is if I was going up against you & I stumbled across your statement "we are waiting for eld to come" then the truck is not road ready for lack of having eld.
Every truck 2000 yr & up driving over 150 miles has to be eld complaint to operate. Your driver could get shutdown again or they could had made him sit until you had an eld installed. I would get that taken care of. It is on your inspection report each time they run your report.

 

KeepTruckin told me also that it’s ok to wait for the device for one month and using the paper logs at this time.

No! I called local DOT and was told that I can use the paper logs max 8 days. After that 150 miles radius. Ordered another ELD.

 

The Officer was 100% correct. A log app is not an approved alternative to an ELD, it would be just like using a paper log when an ELD is required. The Officer could have also written your driver for not being able to print on demand the logs, with a logging app they do not have to accept the inspection mode, despite what Keep Trucking claims, and can violate you for not being able to print.

There is not exception to wait for an ELD to come in, the truck is not ready and properly equipped for service until the ELD is required. Now that your driver has been cited he will be allowed to complete the dispatched trip and return directly to the terminal but a functioning ELD must be installed prior to the truck being dispatched on another trip requiring a log book.

Without an extension granted by the FMCSA you have a maximum of 8 days in any 30 day period to use paper logs in place of a malfunctioning ELD but no grace to place a truck into service before a functioning ELD is installed.

Electronic Logging Devices | FMCSA
ELD - Drivers and Motor Carriers
The above two links are a bunch of general info and plenty of answers about the entire ELD compliance issues faced by carriers and this one answers your exact question ELD - ELD - FAQ Learn More scroll down almost to the bottom.

 

I’m not so sure the officer was correct.
We don’t have to run ELD because we normally stay within 150 mile radius, but are allowed to travel outside the 150 miles for no more than 8 days of a 30 day period. As long as the driver was out less than 8 days, and the truck was less than 30 days old, the short haul regulation would allow you to use paper.

As soon as you pass the 8 day threshold within the 30 day window though, a ELD would be required.

 

• The HOS regulations do not apply to the transportation of agricultural commodities operating completely within the 150 air-mile radius by for hire or private carriers. Therefore, work and driving hours are not limited and the driver is also not required to use an Electronic Logging Device (ELD) or keep paper logs. In an operation where a driver uses a vehicle equipped with an ELD, a driver that is exempt can use an “Exempt Driver” account or annotate the time as exempt ag operation.

• Once a driver operates beyond the 150 air-mile radius, the HOS regulations apply. Therefore, starting at the time and location where the transporter goes past the 150 air-mile radius, the driver must maintain logs using an ELD, unless the driver or the vehicle meets one of the limited ELD exemptions. The driver must work and drive within the limitations of the HOS rules when operating beyond the 150 air-mile radius. Time spent working within the 150 air-mile radius does not count toward the driver’s daily and weekly limits.

ELD Hours of Service (HOS) and Agriculture Exemptions | FMCSA

 

I wonder why they make us carry backup paper logs "if our ELD breaks" if they are just going to make us sit 10 hours anyways.

 

KeepTruckin will lie like there’s no tomorrow. I hate that about them, but they have the best product with the best customer service unfortunately.

 

That is one of the reasons I don’t use them. Their customer service is a bunch of young folks trying to hustle on sales. Not much regard for your compliance.