ELD Mandate Less Than Two Months Away

ELDs will be required as of Dec. 18, 2017. TIA staff has been receiving several calls from members regarding what their role should be regarding the upcoming electronic logging devices (ELD) mandatory use. In preparation for the impending implementation, TIA has prepared a brief outline of what the 3PL role is for ELD.

The 3PL Role: As the 3PL in the transportation movement, your role regarding the ELD mandate should be status quo. There were no changes to the hours-of-service (HOS) regulations under the ELD mandate, rather a change in the way HOS are monitored and recorded. 3PLs need to be careful in exerting control over a motor carrier’s operation as this could increase vicarious liability concerns. Do you, as a 3PL, inquire if the motor carrier’s drivers use a seat belt or turn signals? These requirements and all the other regulations are part of doing business as a motor carrier. Do you ask for proof of compliance with each motor carrier requirement? No.

3PLs should use a written contract with every motor carrier that requires the carrier to represent and warrant their compliance with all federal, state, and local requirements. TIA has a free model contract on the members-only section of the website.

Compliance Dates: There are three compliance dates within the Final Rule:

  • December 18, 2017: All motor carriers currently required to use paper logs must be 100% compliant by this date.
  • April 1, 2018: CVSA will begin placing non-compliant carriers out-of-service.
  • December 16, 2019: All motor carriers currently using an Automatic Onboard Record Device (AOBRD) or equivalent older technology have until this date to be 100% compliant.

Exemptions: There are two exemptions within the Final Rule. Existing HOS exemptions apply as the requirement to track a driver’s HOS has not changed, only the method of recording.

  • Driveaway & towaway operations are not required to use an ELD, provided the vehicle driven is part of the shipment.
  • ELDs are not required on CMVs older than model year (MY) 2000.

Please click here to view the ELD white paper developed by TIA Associate member Scopelitis Garvin Light Hanson & Feary.