Effective April 1, 2018, the Federal Motor Carrier Safety Administration, a branch of the Department of Transportation, will begin enforcement of the following if a Commercial Motor Vehicle (CMV) driver is found not using an electronic logging device (ELD) or automatic onboard recording device (AOBRD), which is required while operating a CMV.
• The driver could be cited for not properly recording duty status.
• The driver will remain out-of-service for 10 hours (8 hours for passenger carriers).
• After the 10 hours have lapsed and the driver obtains a copy of the citation and/or inspection report, and all other requirements of the stop are met, the driver is allowed to travel to their final destination.
• The driver shall not be dispatched again without an ELD.
Repeat offense – If the same driver is found again not using an ELD or compliant device, the same procedure will apply and the motor carrier will be subject to further enforcement action.
For additional guidance on electronic logging devices, contact your North Risk Partners advisor for professional support from our partners at Integrated Loss Control (ILC). Don’t have a North Risk Partners advisor? No problem. We’ll help you find one.
This update is not intended to be exhaustive. Readers should contact legal counsel for legal advice.