Transportation Brief: ELDs Present Unique Opportunities and Challenges for Shippers and Intermediaries
December 4, 2017
ELDs Present Unique Opportunities and Challenges for Shippers and Intermediaries
The ELD mandate, although not directly applicable to anyone other than regulated motor carriers and their drivers, may have a ripple effect on other industry stakeholders, including shippers and third-party intermediaries. ELDs may benefit shippers and third-party intermediaries through heightened visibility about the whereabouts and timing of their freight, especially when they engage carriers that have implemented ELDs with non-mandated telematics capabilities.
On the other hand, ELDs may pose unique risks. In an effort to obtain detailed data, shippers and intermediaries may be inclined to require motor carriers to adopt ELDs with specific tracking and functionality features. This is a slippery slope with joint-employment implications, because shippers and intermediaries may have increased access to driver-level decision making. This may lead to accusations that shippers or intermediaries are misusing ELDs and may open the door to FMCSA enforcement actions under the agency’s rule that prohibits coercing drivers to violate the safety regulations, including Hours-of-Service limits.
Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Transportation Brief: Unassigned Miles and Managing AOBRD and ELD Data
by Annette M. SandbergThe primary purpose behind the new Electronic Logging Device (ELD) rule is to ensure that every time the wheels on a truck move – the movement is captured by the ELD and assigned to the appropriate driver. The Federal Motor Carrier Safety Administration’s (FMCSA) goal is to prevent drivers from exceeding Hours of Service (HOS) limits by hiding or not recording drive time. Therefore, any drive time that is not assigned to a driver will be one of the main focuses of the FMCSA or state enforcement agencies during an audit or compliance review. More regarding Scopelitis' insight on this matter here.
Transportation Brief: FMCSA Exemptions to the ELD Mandate
by Timothy W. WisemanThe FMCSA has recently announced two exemptions to the new ELD mandate. Get Scopelitis' insight on these matters here.
Transportation Brief: AOBRD v. ELD
by Jerad T. ChildressThere are a number of added requirements (or benefits) associated with outfitting a fleet with ELDs versus AOBRDs. Read Scopelitis' insight here.
Transportation Brief: Spotlight on Regulatory Compliance Practice Area's ELD Review and Audits
With the ELD mandate set to take effect on December 18, 2017, motor carriers must be certain the ELD platform they choose is compliant with federal regulations. Read more on how Scopelitis' ELD Audit Team has helped clients be prepared.
Transportation Brief: Scopelitis Welcomes New Attorneys
Scopelitis welcomed new attorneys Tyler Biddle and James Eckhart, who began their law practice this fall in the Firm's Indianapolis office.
- On the Road
Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
Transportation Industry News & Trends