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• Requires ELD use by commercial drivers who are required to prepare hours-of-service (HOS) records of duty status (RODS).
• Sets ELD performance and design standards, and requires ELDs to be certified and registered with FMCSA.
• Establishes what supporting documents drivers and carriers are required to maintain.
• Prohibits harassment of drivers based on ELD data or connected technology (such as fleet management system). The rule also provides recourse for drivers who believe they have been harassed.

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The mandate was phased in over several years, allowing motor carriers and drivers to slowly transition from paper logs to ELDs, as follows:

February 16, 2016 (ELD Rule Effective Date) - December 18, 2017
PHASE 1 — AWARENESS AND TRANSITION PHASE — DEADLINE HAS PASSED
This phase is the two-year period following publication of the ELD rule in the Federal Register. During this time, motor carriers and drivers subject to the rule should prepare to comply and may voluntarily use ELDs. Motor carriers and drivers subject to the rule can use any of the following for RODs:

• Paper logs
• Logging software
• AOBRDs
• ELDs that are registered and listed on the FMCSA website

December 18, 2017 - December 16, 2019
PHASE 2 — PHASED-IN COMPLIANCE PHASE — DEADLINE HAS PASSED
This phase is the two-year period from the Compliance Date to the Full Compliance Phase. Motor carriers and drivers subject to the rule can use:

• AOBRDs (installed prior to December 18, 2017)
• ELDs that are registered and listed on the FMCSA website

December 16, 2019
PHASE 3 — FULL COMPLIANCE PHASE — DEADLINE HAS PASSED
All motor carriers and drivers subject to the rule must use certified, registered ELDs that comply with requirements of the ELD regulations. Note: Any §395.15-compliant AOBRDs that are installed before December 18, 2017, can be used until December 16, 2019. At that time, the AOBRDs must either be updated to the ELD specifications or removed from service and a new device installed that meets the ELD technical specifications.

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The ELD rule applies to most motor carriers and drivers who are currently required to maintain RODS per Part 395, 49 CFR 395.8(a). The rule applies to commercial buses as well as trucks, and to Canada- and Mexico-domiciled drivers.

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Drivers who operate under the short-haul exceptions may continue using timecards; they are not required to keep RODS and are not required to use ELDs. Additionally, the drivers listed below are not required to use ELDs, but are still bound by the RODS requirements in 49 CFR 395 and must prepare logs on paper, using an AOBRD or with a logging software program when required:

• Drivers who use paper RODS for not more than 8 days out of every 30-day period.
• Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered.
• Drivers of vehicles manufactured before model year 2000.

According to the FMCSA, the ELD exceptions delineated in the ELD rule and the ELD exemptions announced by the agency would not be impacted by the December 16, 2019 Phase 3 deadline. Motor carriers and drivers who operate under these exceptions and exemptions may continue to use alternate methods of recordkeeping.

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Motor carriers or drivers that operate rented or leased commercial motor vehicles (CMVs) are required to record hours of service with an ELD, unless the driver or commercial motor vehicle is exempt from the requirements of the ELD rule.

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Drivers/motor carriers operating a CMV without a required registered ELD are subject to the penalties specified by the Commercial Vehicle Safety Alliance (CVSA) on April 1, 2018.

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If an ELD malfunctions, a driver must notify the motor carrier in writing within 24 hours of a device malfunction, and follow specific steps to record their records of duty status. In addition, motor carriers must also take steps to correct, repair, replace, or service the malfunctioning ELD as specified by the FMCSA. PLEASE NOTE: All ELD devices MUST have a visual notification when a malfunction has occurred.

While motor carriers may seek an extension of the period of time permitted for repair, replacement, or service of one or more ELDs per 49 CFR Part 395.34, it should be noted that extensions are not guaranteed. Importantly, the FMCSA has reported that most requests are a result of improper training and these requests are denied.

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With a vast number of ELD solutions currently in the marketplace, selecting a vendor can be a challenging process. This is complicated by the fact that the FMCSA does not certify which products meet all the technical requirements of the ELD mandate. This is, in reality, a "self-certification" process. The FMCSA also does not have mechanisms in place for manufacturers to test to ensure that the data capture and output of these devices is compliant with specifications. To help carriers with their selection, the FMCSA has posted a list of Registered ELDs and has made available a checklist of functions that an ELD solution must provide at a minimum.

The following ELD vendors have proactively reached out to Lancer, offering to assist our policyholders*:

• J. J. Keller & Associates, Inc.
• KeepTruckin Electronic Logbook
• Saucon Technologies (please mention that you were referred by Lancer)
• UBT ShiELD

Motor carriers and drivers should regularly check FMCSA’s posted list of Registered ELDs to ensure that their device is still on the list.

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• FMCSA Final Report: Evaluating the Potential Safety Benefits of Electronic Hours-of-Service Recorders
• How Data From ELDs Can Improve Your Bottom Line
• What Drivers Need to Know About ELDs for Roadside Inspections
• Keeping ELDs Up and Running

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• Canada's ELog Mandate & Hours of Service FAQs

• ELD Carrier Checklist

• ELD Driver Checklist

• ELD Enforcement

• ELD Implementation Timeline

• ELD Mandate Comparison: Canada and U.S.

• ELD Rule – Federal Register

• ELD Technical Specifications

• ELDs and eRODs: Reviewing HOS Data at Roadside

• Electronic Logging Devices Best Practices

• FMCSA ELD Home Page

• FMCSA - ELD Training Checklist For Motor Carriers

• FMCSA - Guide for Drivers on ELD Data Transfer

• FMCSA - Registered ELDs

• FMCSA - Revoked ELDs

• Which ELD should I buy?

• FMCSA - Agricultural Exceptions and Exemptions to FMCSA HOS and CDL Rules

• FMCSA ELD Brochure

• FMCSA ELD Fact Sheet - English Version / Spanish Version

• FMCSA ELD Violations & Severity Weights

• FMCSA - Hours of Service Compliance Improves with ELD Rollout

• Tips for Choosing a Compliant Electronic Logging Device (ELD)