Marc's Safety Corner

Ask our expert, Marc Moncion, any questions you may have around fleet safety, compliance, DOT audits, roadside inspections or CSA scores. 

Is there an ending time for using pre-2000 trucks that are exempt from the ELD?

The ELD rule allows limited exceptions to the ELD mandate, including:

  • Drivers of vehicles manufactured before 2000. There is no planned sunset date where this exception will no longer be applicable in the U.S. 

 

Will the Big Road ELD work on pre-2000 tractors?

Drivers of vehicles manufactured with an engine before 2000 are exempt from the ELD rules. That being said, such drivers are still bound by the RODS requirements in 49 CFR 395, and must prepare RODS when required, using paper logs, an Automatic On-Board Recording Device (AOBRD), or a logging software program.  Finally, some vehicles manufactured with an engine before 2000 can support an ECM, and are able to obtain or estimate the required vehicle parameters under ELD. You would have to provide the make, model, and VIN of the vehicle to confirm this fact. 

 

Is 2019 the last year for AOBRD in the trucking business?

A motor carrier may allow a driver continue to use a grandfathered AOBRD device that a motor carrier installed and required its drivers to use before the electronic logging device (ELD) rule compliance date of December 18, 2017. The AOBRD milestone date sunsets on December 16, 2019. After that, the motor carrier and its drivers must use a fully compliant ELD device that meets all of the functional requirements described in Part §395.20.

 

I have a range of vehicles in my company, one is a Volvo hi-way tractor with a 30 ton drop deck which I haul a 60,000 lb track-hoe on and the small one is a Ford F150 pick up. Do both units use the same device and can I transfer unit from one vehicle to the other so I would only need one monitor? Do they use the same parameters?

The motor carrier can technically run with one device between multiple vehicles, but this practice is strongly discouraged.  This would simply create potential issues when the device is moved from truck to another including, but not limited to non-performance issues specific to connectivity, accuracy of odometer readings between vehicles, entering the wrong vehicle specific information when switching among other potential diagnostic faults.  These types of issues can and will create malfunctions that could result in enforcement attention including, but not limited to being cited, placed out of service etc, so the recommendation is one device per asset, and no sharing devices among multiple assets.

 

Are municipalities in Ontario, Canada exempt from ELD under the emergency fleet operations exception?

Ontario Regulation 555/06 -  Hours of Service provides for specific exemptions from the requirement to comply with these rules.  Specific to your question, section 3. (1) states that a driver and operator are exempt from this Regulation while the driver is driving a commercial motor vehicle of a type and in the circumstances described in any of the following paragraphs:

  1. A vehicle engaged in providing relief in an emergency, being a situation or impending situation that constitutes a danger of major proportions to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise.

  4.1 A vehicle operated by or on behalf of a municipality, road authority or public utility while responding to a situation or impending situation that constitutes an imminent danger, though not one of major proportions, to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise.

Therefore, if your operations fall within one of these two categories, you will likely be exempt from the requirements.

 

Is it true that with ELD usage the 34-hour reset rule is suspended? Is the reset back to 24 hours?

As of December 16th, 2015 two of the June 2013 HOS restart rules were rolled back by FMCSA.

This means that the 34-hour restart no longer requires a driver to take 2 consecutive rest periods between 1 a.m. and 5 a.m., and that 34-hour restart periods can take place more than just once every seven days.

This suspension is ongoing, and there are now plans to end it anytime soon.

 

Do on-duty reporting rules prevent drivers from having part-time weekend jobs because, if paid, would prevent them from getting a reset? Does this apply to farmers and prevent them from driving if they've put in more than 70 hours of work?

If we are talking about a U.S. Interstate movement of goods, the Federal Motor Carrier safety administration (FMCSA) has public guidelines that they have posted on their website to guide you with respect to what is on duty time and what is not.

Though slightly on a different topic, but in my previous answer to a question if a driver needs to log his hours while participating in a parade, you will note that on duty time among other tasks include:

  • All time spent doing any other work for a motor carrier, including giving or receiving training and driving a company car; and
  • All time spent doing paid work for anyone who is not a motor carrier, such as a part-time job at a local restaurant.

The bottom line is that on-duty time includes all time you are working for a motor carrier, whether paid or not, and all time you are doing paid work for anyone else.

The definition of on-duty time is found in Section 395.2.

The above information is for informational purposes only, and should in no way be relied upon as legal advice.

  May 27, 2019     Marc Moncion

Moncion-Marc

Marc Moncion

Marc is the Head of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/provincial regulatory bodies and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver's licence (CCD) holder and can drive all types of commercial vehicles in North America.

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