ELD MANDATE FINAL REGULATION: WHO GETS AN EXEMPTION?

A primary element of the final Electronic Logging Device (ELD) regulation published in December 2015 was a definition of who needs to comply, and who gets an exemption.

There are three scenarios describing fleets who can operate without an ELD, but who still must account for activities in Hours of Service:

  1. Pre-2000 Vehicles:  If the vehicle has a manufacturing date before the year 2000, the use of an ELD is not required. This stems from the fact that many vehicles manufactured before 2000 do not have an ECM that can provide the data being collected.  However, since there are vehicles prior to 2000 that do have an ECM that can provide the data needed to comply with the mandate, it may still be advantageous for fleets with vehicles of that age to leverage the benefits of using an ELD.  (The final rule states that the use of an ELD in pre-200- vehicles is “unrequired”, not “prohibited.”)  
    • Common Follow-up Question: What about Gliders?  To clarify, the date in question is the vehicle manufacturing date, not the engine manufacturing date.  
    • Helpful Hint: The vehicle manufacturing date is in the last four digits of the Vehicle Identification Number.
  1. Driver Away and Tow Away: Driver Away and Tow Away are states which do not require the use of an ELD when the asset being moved is a vehicle.  However, note that the Fixing America’s Surface Transportation Act (FAST ACT) regulation qualified that this exemption does not apply to motor homes or recreational vehicles.  
  1. Short Haul: The use of an ELD is not required if the short haul exemption is not broken more than eight times within a 30 calendar day cycle.  However, if the exemption is broken more than eight times, an ELD would be required for the remainder of that 30 day cycle.

Navigating the ELD final rule can be a daunting task.  To learn more, check out this free HDT webinar, “What You Know (And Don’t Know) About the ELD Mandate,” available for viewing on demand.