All posts by Tom Cuthbertson

Canadian ELD Mandate Updates

Updated October 16, 2018 The final Canadian ELD Mandate rule is expected to release this year or in the first quarter of 2019 (best guesses). While the full information is still not available, fleets can still educate themselves to prepare. A lot of the proposed rule is expected to be similar to the U.S. ELD Mandate — great news for the many Canadian carriers whose business involves cross-border transit and already need to comply with the U.S. mandate for that reason. Transport Canada published a proposed rule in the Canada Gazette last December, the same time the U.S. ELD Mandate…

The ELD Mandate: What We’ve Learned So Far

It has been over six months since the first electronic logging device (ELD) Mandate deadline passed. Since then, the FMCSA has granted new exemptions and guidance, and the hard deadline has been enforced. In a recent webinar, Omnitracs and former FMCSA administrator and CEO of TransSafe Consulting Annette Sandberg joined Heavy Duty Trucking Magazine to discuss what we’ve learned about the mandate so far. Here are some key highlights that fleets should note. ELD enforcement challenges Drivers need to be prepared for roadside enforcement and one of the key things drivers need to understand is whether they have an automatic…

Post-ELD Enforcement Date: Regulatory Update

April was a busy month since the hard ELD enforcement date starting April 1. Changes continue to be made in agriculture and tank hauling. CVSA is focused on day-to-day enforcement as well as an Hours of Service enforcement road check. ELD Exemptions There have been many exemptions filed for livestock and agriculture haulers in recent months. In the agriculture exemption, no ELD is required if the vehicle is within a 150-mile radius of the beginning of the load (the farm or ranch). On April 18, 2018, Tennessee passed a bill signed by Governor Bill Haslam to not use enforcement funds…

ELD Enforcement Starts April 1. Are Your Drivers Prepared?

During the “soft enforcement” period since the ELD Mandate took effect on Dec. 18, drivers caught running without proper ELD equipment, documentation, or training have been written up, but neither they nor the companies they drive for have been penalized. No points were levied against either trucking firms or their drivers under the Federal Motor Carrier Safety Administration (FMCSA)’s Compliance, Safety, and Accountability program. Nor were trucks being placed out of service for ELD violations. That all changes beginning April 1. CSA points will be levied against drivers and their companies, and trucks will be put into the penalty box…

New FMCSA Guidance on AOBRDs

On Friday, March 9, 2018, the Federal Motor Carrier Safety Administration (FMCSA) provided an answer in response to requests to extend or exempt certain fleets as it relates to the ELD Mandate grandfather clause. Essentially, it says carriers can continue to buy and use AOBRDs as long as the AOBRDs were deployed in the fleet prior to December 18, 2017, and those devices are also registered as ELD-compliant — until December 16, 2019. Further clarification is as follows: Fleets can repair an AOBRD as long as the device is registered as an ELD. Fleets can add new vehicles with AOBRDs…

Debunking the Myth Around ELD and Crossing Borders

There have been many different stories in the trucking business throughout the past six months when it comes to questions of ELD compliance among Canadian and Mexican drivers and trucking companies operating in the United States. The rumor was that non-U.S. drivers and/or trucking companies could avoid complying with the much-talked-about Electronic Logging Device (ELD) Mandate, which took effect Dec. 18, 2017, as long as their trucks returned to the home bases outside the U.S. every night. As with most rumors there’s a bit of truth to that — but only a part. The new regulation does grant a waiver…

Canada Announces ELD Mandate Draft, Gives 60 Days for Public Comment

This week, the first draft of the long-awaited Canadian ELD Mandate was published. This news came at the same time as the deadline carriers had to comply with the U.S. version of the ELD Mandate. Canadian Minister of Transport Marc Garneau met with transportation leaders in Ontario this week to present the rule, which will be finalized in Canada Gazette II. Like the U.S. version, the Canadian ELD Mandate won’t change the Hours of Service regulations, just how drive time is recorded and reported. The rule will require replacing paper logs with a regulation-compliant device that connects directly to the…

Expect ELD Mandate Violation Fines Starting December 19, 2017

With so much recent anti-ELD Mandate activity, including nationwide protests, it’s easy to forget the facts: the ELD Mandate will go into effect on December 18, 2017, and the very next day enforcement has the ability to start inspection violations for missing or incomplete logs. It is true that ELD violations won’t impact CSA scores until April of next year, however non-compliant trucks that are pulled over by enforcement are still subject to fines. At this time, we do not know how prominent the inspection violations will be in early days after the mandate or how much those fines are….

What to Consider in a Carrier ELD Mandate Policy

With the ELD Mandate rapidly approaching, it is a good idea for carriers to look at policies and procedures — whether establishing new ones when converting from paper or revisiting existing ones when using automatic onboard recording devices (AOBRDs). Every company is different and should consult legal counsel when working on these policies, however, there are some items that carriers can consider when initiating these conversations based on carrier best practices and the content of the ELD Mandate. You may already have an Hours of Service policy that indicates drivers are to comply with the requirements of 49 CFR 395.3…

ELD Mandate Update: Short Term Rental Exemption

Previously, we reported that the Truck Renting and Leasing Association (TRALA) filed for an exemption with the FMCSA for short-term rental vehicles from requiring ELDs for short-term breakdowns for up to 30 days. The FMCSA published in the Federal Registry, as of October 10, 2017, that an exemption will be granted for short-term trucks. Instead of covering trucks rented for 30 days, as petitioned by TRLA, the FMCSA will grant the exemption for trucks rented eight days or fewer. Here are the key things to know: This exemption covers a rental period of eight days or fewer, whether or not…

HOS fines are racking up! $343,647,360.00 HOS fines since the beginning of 2016*
What could you do with that kind of money?
image description Gallons of fuel 127,749,948
image description Truck tires 1,381,135
image description Smokey & The Bandit DVDs 68,729,472
image description iTunes downloads of
Eastbound and Down
image description Miles of road paved with $ 68,729,472
image description Driver salaries 68,729,472
HOS fines add up fast and kill your profits.
* Based on fine amounts ranging from $150-$1100