ELD Violation Fines and Penalties For Not Complying With ELD

The Commercial Vehicle Safety Alliance (CVSA) will now begin enforcing the ELD mandate requirements. Avoid ELD violation fines by complying with ELD and understand what should drivers, carriers and fleet managers expect to happen next?

Over the last few months, the industry has been flooded with information about preparing for this day. Fleet and trucking media have written news ranging from what drivers must do to be in compliance to FMCSA exemptions to the ELD rule. We’ve also seen stories about drivers protesting the mandate (#ELDorMe).  And manufacturers have been educating the industry on their ELD solutions.

And now, the Commercial Vehicle Safety Alliance (CVSA) will begin enforcing the ELD mandate requirements.

“What is or will be the penalty after December 18th if a company that is required to use an ELD is not using them or refuses to use them?”

 For Drivers

There is an extended timeframe of training for drivers after December 18.  This grace period provides drivers with more time to educate themselves and choose the right ELD solution for them. It is important to note that during this time, drivers that are found in violation of the mandate will not be put out of service.

But drivers that are found without an ELD device in place will receive a citation. What type of citation?  How many Compliance, Safety and Accountability Points (CSA Points) will be assigned?

The number of CSA Points that will be accumulated on the driver’s inspection report will follow the existing FMCSA rules for roadside inspection violations.

Any monetary fines are subject to the court’s ruling and will vary by jurisdiction.

When will non-compliant drivers be put out-of-service? 

The out-of-service criteria (OOSC) associated with the ELD mandate will go into effect on April 1, 2018.  After this date, drivers out of compliance will  be cited, as well as put out of service.

For Carriers

Motor carriers are not exempt. If a motor carrier is subject to a focused investigation or compliance audit and are found to be in violation of the mandate, the same fines and violations would apply as if the company were not keeping traditional logbooks.

For Fleet Managers

The ELD mandate may not have a significant impact on private fleet managers that outsource transportation duties to an outside carrier in regards to penalties or violations.  However, fleet managers are responsible for implementing a cost effective and streamlined operation. Ensuring your carrier or your fleet vehicles have an ELD system in place that allows you to review driver hours of service, vehicle maintenance, and driver inspection reports will decrease workload and increase efficiency.

What if I have questions about the ELD mandate and what it means for me?

While there are many resources available for drivers and carriers, FleetUp offers an extensive online portal that includes several Q&A webinars about the ELD mandate with a retired DOT officer and FMCSA instructor.  The content is in a live format, speaking directly with drivers, answering specific questions. If there is a topic of interest, type a few key words into the search window and all relevant content (videos, white papers, eBooks) will be flagged.

The next few months will be a learning experience for everyone in the fleet industry, and FleetUp will continue providing insight and information to help drivers, carriers and fleet managers operate more efficiently in this new age.

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