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Transportation Brief: Full Enforcement of the ELD Mandate Commences

May 22, 2018

As of April 1, 2018, the FMCSA and state law enforcement have begun to fully enforce the electronic logging device (ELD) mandate. Previously, ELD violations, though listed on roadside inspection reports and sometimes prompting fines, did not result in out-of-service orders or negatively impact a motor carrier’s Safety Measurement System (SMS) scores. Now, drivers who are subject to the ELD mandate and found to be operating without a device will be placed out of service for 10 hours. Additionally, motor carriers will start to see ELD-related violations impacting their Hours-of-Service Compliance BASIC score in the SMS. Along these lines, the FMCSA recently updated its SMS methodology to include new ELD-specific violations and their associated severity weights. Notably, violations like “operating without an ELD” and “using a device that is not registered with FMCSA” carry severity weights of 5. 

 

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.


 

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