The ELD is going into full effect at the end of this year and a lot of drivers are running on grand-fathered AOBRD. What is the common mistake drivers and carriers can make while choosing an ELD provider?
Probably the most significant mistake a motor carrier can make is not verifying if an ELD vendor is compliant with the ELD rule-making prior to signing the contract.
As you know, the Federal Motor Carrier Safety Administration (FMCSA) maintains a registry of devices that have been self-certified to meet the ELD specifications. The motor carrier is responsible for checking that their device is registered. Failing to do so can and will lead to issues at roadside or during an audit if FMCSA finds that the device being deployed is not compliant and/or not registered on the FMCSA site.
This includes checking the ELD registration and revocation list periodically.
In the event that an ELD is removed from the registration list, FMCSA will make efforts to notify the public and affected users. Motor carriers and drivers are encouraged to sign up for ELD Updates to receive notifications when an ELD has been listed on the Revocation List.
Because this is essentially a “buyer beware” situation, motor carriers must also familiarize themselves with the ELD rule and use the FMCSA’s ELD checklist.
ELD vendors/manufacturers are also not required to notify motor carriers if a device has been removed from the ELD registration list, therefore this can also cause issues for motor carriers and their drivers at roadside or during an audit.
The above information is for informational purposes only, and should in no way be relied upon as legal advice.
Apr 02, 2019 Marc Moncion