WASHINGTON – Commercial carriers cited for non-compliance with the new electronic logging device mandate will get a temporary reprieve from having points recorded against them in the Compliance, Safety, Accountability scoring system.
The policy will affect drivers cited for failing to have an ELD or a compliant AOBRD (automatic onboard recording device) after the mandate takes effect December 18 but before April 1.
The extension is in addition to an earlier announcement by the Commercial Vehicle Safety Alliance that drivers wouldn’t be placed out of service for violating the ELD mandate until April 1 to help ease the transition into the new requirement.
CVSA and FMCSA announced the enforcement delay in August, saying that inspectors will have some discretion in writing citations as the mandate takes effect.
An AOBRD must have been used in a vehicle prior to December 18 to be grandfathered in as compliant. As of Dec. 16, 2019, only ELDs that meet FMCSA criteria will be compliant.
FMCSA Deputy Administrator Cathy Gautreaux, who started her job last month, said the agency recognizes that some carriers are seeking an extension of the ELD mandate.
“FMCSA cannot arbitrarily change the compliance date of December 18,” Gautreaux said, adding that the final rule was issued more than two years ago and the ELD mandate changes nothing about hours of service, so at this point there is no reason to change it.