Exempt from elog? (Solved)

Discussion in 'Trucking Industry Regulations' started by Ghriszly, Jan 7, 2018.

  1. Mark Kling

    Mark Kling Technology Contributor

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    Your Boss is wrong.. you the driver may receive a Citation and fine... but it will not reflect on your PSP points till April 1st... After April 1st, no ELD - OOS...


    E-log mandate set to take effect Dec. 2017, rule set for DOT publication

    ELD enforcement to be 'phased in' through April 2018

    In short, truckers may receive a citation (and associated fine) if they do not have ELDs installed and operating Dec. 18, but they will not be ordered off the road and out-of-service. Information on companies and drivers that receive citations could be used by regulators to identify and investigate carriers suspected of not complying with the mandate.

    Starting April 1, however, truck drivers that do not have ELDs will not drive away from a roadside inspection. They will be placed out-of-service by the state regulatory officials, roadside inspectors, and police officers represented by the CVSA, using its North American Out of Service Criteria. Someone else will have to pick up the freight being hauled by that out-of-service driver.
     
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  3. bigguns

    bigguns Road Train Member

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    ^^^^ You got it going on. Thanks for all your answers.
     
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  4. Mark Kling

    Mark Kling Technology Contributor

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    cvsa.org/news-entry/2017-eld-implementation/

    August 28, 2017
    The Commercial Vehicle Safety Alliance (CVSA) will begin enforcing the electronic logging device (ELD) mandate requirements on Dec. 18, 2017. The out-of-service criteria (OOSC) associated with the ELD mandate will go into effect on April 1, 2018.

    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. Please note, a motor carrier may continue to use a grandfathered automatic onboard recording device (AOBRD) no later than Dec. 16, 2019. The AOBRD must meet the requirements of 49 C.F.R. 395.15.

    This announcement does not impact enforcement of the OOSC for other hours-of-service violations.

    CVSA supports moving forward with the compliance date as specified in the rule. However, setting an April 1, 2018, effective date for applying the ELD OOSC will provide the motor carrier industry, shippers and the roadside enforcement community with time to adjust to the new requirement before vehicles are placed out of service for ELD violations.

    CVSA member jurisdictions have used this phased-in approach in the past when implementing a significant change in regulatory requirements. The CVSA Board of Directors, in consultation with FMCSA and the motor carrier industry, agreed that the phased-in approach to implementation of the ELD requirements outlined in the North American Standard Out-of-Service Criteria will help promote a smoother transition to the new ELD requirement.

    A letter was sent to FMCSA notifying the agency of CVSA’s commitment to implementing the new requirement, as scheduled, on Dec. 18, 2017, and noting the April 1, 2018, effective date for applying the ELD OOSC.

    For more information about the ELD rule, visit FMCSA’s ELD implementation website.
     
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  5. rbrtwbstr

    rbrtwbstr Road Train Member

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    Do you run local (under 100 air miles) most of the time by chance? If you normally run under 100 air miles, and return to wherever you started your day, you don't need the elog. If you're running under the local exemption, you're allowed to go further than the 100 mile radius but you must fill out a log. You may do that up to 8 days in a 30 day period on paper logs.

    I think is your boss is that stubborn though, I'd look for something better. Unless you're being paid very, very well.
     
  6. Mark Kling

    Mark Kling Technology Contributor

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    OP already stated that they do not fall under the two exemptions... the OP's boss thinks the 1 April date is the last day to have an ELD, but between Dec 18 and Apr 1 you cannot be put OOS, but still can be written up and fined... after 1 April - no ELD - Yes to OOS.
     
  7. Ghriszly

    Ghriszly Bobtail Member

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    Ya I'm looking for another job already. I was hoping to stay with a startup where me effort really mattered but I cant be with a company that expects me to run illegally. My career is worth more to me than almost anything.
     
  8. snowwy

    snowwy Road Train Member

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    Agriculture and non cdl are the only exemptions to the 100 miles. They're only extended to 150 miles. Although i don't know the clarification as to the non cdl holder thing. And why that is the way it is for them.

    We haul to dairies within the 150 miles. So we don't have eld.
     
  9. Mark Kling

    Mark Kling Technology Contributor

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    no.. You can have a CDL A and still run the 100 air mile exemption. (start #12)

    Regulations Section
     
  10. rbrtwbstr

    rbrtwbstr Road Train Member

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    Actually anyone running under the short haul exemption doesn't need elogs. We run under the short haul provision, hauling cement. That's not restricted to just ag and non CDL. Same for dump trucks
     
  11. snowwy

    snowwy Road Train Member

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    I"m talking about teh 100/150 miles. I don't think you're hauling cement 100 miles.

    I'm pretty sure just about every local operation is exempt. We're local. But we do travel.
     
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