New concerns surrounding privacy, the potential to inappropriately use the information tracked by electronic logging devices (ELDs), and anticipated industry-wide productivity loss caused the issue to top ATRI’s Critical Issues list, climbing from the number six position in 2015.
On December 10, 2015 FMCSA issued its final rule on ELDs, mandating their use by December 2017 for all commercial drivers who are required to track hours-of-service. With this final rulemaking the top two strategies identified in the 2015 survey were addressed; ELDs are not required to be capable of creating hard-copy printed HOS records, and existing devices installed by early adopters are grandfathered until December 2019 (potentially longer if these devices can be modified to meet the new specifications).
In advance of the December 2017 deadline, FMCSA is allowing ELD manufacturers to self-certify their products. Some fleets have expressed concern over the accuracy of product information provided through the program.
However, concerns over the ELD mandate persist and the day after the rule was published, a lawsuit was filed by the Owner-Operator Independent Drivers Association (OOIDA) seeking to vacate the rule. A federal appeals court judge ruled against OOIDA in November.