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Indiana AG asks FMCSA to delay ELD mandate

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by kemosabi49, Nov 30, 2017.

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  1. Nov 30, 2017 #1
    kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Indiana’s Office of the Attorney General has become the first state agency to ask the Federal Motor Carrier Safety Administration to delay next month’s mandate requiring electronic logging devices in commercial vehicles.
    In a letter sent to the FMCSA on Wednesday, state Attorney General Curtis Hill asked for a delay on the mandate, citing the “self-certification” provision in the current regulation that allows device manufacturers to claim their ELDs are compliant, without any government or third-party verification.

    “With manufacturers of ELDs currently responsible for ‘self-certifying’ their compliance with government standards – with no effective procedures seemingly yet developed to provide oversight over such self-certifying – drivers and operators are left without any way of ascertaining which brands and models of devices ultimately will pass muster,” Hill’s letter states. “They must fly blindly into investing in products they are being required to purchase.
    The rest of the article: BREAKING NEWS: Indiana AG asks FMCSA to delay ELD mandate
     
    kemosabi49, Nov 30, 2017
    kemosabi49, Nov 30, 2017
    #1
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  3. Nov 30, 2017 #2
    ZVar

    ZVar Road Train Member

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    Translated into....
    "We (Indiana) can't charge a company for certification, so until you let us don't allow them."

    Kinda late in the game, but who knows...
     
    ZVar, Nov 30, 2017
    ZVar, Nov 30, 2017
    #2
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  4. Nov 30, 2017 #3
    STexan

    STexan Road Train Member

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    I guess they have a point. I'm pretty sure CMV agencies are going to have various problems with various units. They're likely to see variances between brands that will make audits difficult or impossible. Not to mention some simply are going to regularly fail and have data gaps. How are those discrepancies going to be dealt with? Are the suppliers going to stand behind their faulty products and be available to correct product deficiencies down the road?

    The FCC is required to test and certify any/all electronic devices to certify they won't interfere with other radio frequencies. This is kind of the same thing on another level.
     
    STexan, Nov 30, 2017
    STexan, Nov 30, 2017
    #3
  5. Nov 30, 2017 #4
    STexan

    STexan Road Train Member

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    I'm curious how many have not even began the process of testing and using eLog systems on a trial basis?

    How many [like me] are simply expecting enforcement to never actually begin on a nationwide basis other than a handful of isolated places?

    My larger point is, I doubt these systems have been truly tested to adequate extents IN THE REAL WORLD with real drivers in real truck environments. How many providers are going to get slammed at some point with support problems, to the point they have to stop responding to user calls and emails?
     
    STexan, Nov 30, 2017
    STexan, Nov 30, 2017
    #4
    KB3MMX, stuckinthemud, 25(2)+2 and 1 other person Thank this.
  7. Nov 30, 2017 #5
    25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    Ours were selected to meet the requirement, and nothing else, it's been installed, and they started training the teams, myself and another older guy were the first solos to sign for the training, I guess that just became a requirement, too.

    I get the feeling that the planning of this disaster is not adequate. Someone should cite the FMCSA.
     
    25(2)+2, Nov 30, 2017
    25(2)+2, Nov 30, 2017
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  8. Nov 30, 2017 #6
    Studebaker Hawk

    Studebaker Hawk Road Train Member

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    The legals are enormously complex here. FMCSA requires the things, carrier in good faith buys them, tries to follow the mandate and buys a "self certified" product that isn't worth the box it is in. Carrier sues vendor, FMCSA pleads total ignorance, while knowing the downsides of their mandate.
    These are like the lawsuits that were brought against Navistar for their Maxxforce debacle, and ongoing lawsuits now in progress against all truck manufacturers for emission related costs that are causing their products to be unmarketable, while another government agency, the EPA, pleads ignorance, while in reality knew full well what would happen.
    Do we see a pattern here?
    I am not a lawyer, but I watch them on TV
     
    Studebaker Hawk, Nov 30, 2017
    Studebaker Hawk, Nov 30, 2017
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    KB3MMX, nax, not4hire and 5 others Thank this.
  9. Nov 30, 2017 #7
    DUNE-T

    DUNE-T Road Train Member

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    It would be funny if other states join...
     
    DUNE-T, Nov 30, 2017
    DUNE-T, Nov 30, 2017
    #7
  10. Dec 2, 2017 #8
    EZ Money

    EZ Money Road Train Member

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    EZ Money, Dec 2, 2017
    EZ Money, Dec 2, 2017
    #8
  11. Dec 2, 2017 #9
    EZ Money

    EZ Money Road Train Member

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    The East Side Gang,Charlotte,NC.
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    EZ Money, Dec 2, 2017
    EZ Money, Dec 2, 2017
    #9
  12. Dec 2, 2017 #10
    Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    I have talked to my supervisor about getting a jump on this so I could get used to the system (although I have no desire for the change.. I am hating & not looking forward to this taking effect), for the last year. She has repeatedly denied buying into this until she absolutely HAS to. In a way, I am glad. I hope we NEVER have to go to ELDs. Its now December 2017 & she has refused to buy one for our truck... yes, only one truck in our fleet. I am pretty sure that even as the required date starts, DOT will give a grace period for those small companies who havent become compliance. I imagine my supervisor will wait even through the last day of the grace period, if that happens, before buying & installing.

    If she can manage to hold off till 2025, I aint gonna worry about it... lol
     
    Grumppy, Dec 2, 2017
    Grumppy, Dec 2, 2017
    #10
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