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Transportation Brief: Spotlight on Regulatory Compliance Practice Area's ELD Review and Audits

December 4, 2017

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. Although ELD manufacturers are required to self-certify that their device is compliant, the FMCSA has commented that it will not actively police the list of self-certified ELD manufacturers. The FMCSA has stated it will only provide a motor carrier with eight days to remedy a non-compliant device that may require an immediate replacement with a new ELD system. As such, it is critical for motor carriers to proactively ensure the device they have chosen is compliant in order to avoid the burden of an 8-day timeline.

At the request of ELD manufacturers, Scopelitis Attorney and Former FMCSA Administrator Annette Sandberg and Scopelitis Attorney Jerad Childress have reviewed numerous ELD platforms over the past year. Their third-party review of the manufacturer’s ELD platform is conducted in two phases and is designed to assess compliance with the technical specifications of the ELD regulations. Phase one involves back-office or administrative testing while phase two is aimed at in-truck testing of the device. The ultimate goal is to provide the ELD manufacturer with regulatory insights, and once all regulatory requirements have been satisfied, a third-party verification of compliance is issued for the device.

Sandberg and Childress have also utilized their extensive knowledge of ELD regulations to provide motor carriers with guidance on various ELD requirements. Similar to a manufacturer audit of an ELD device, the approach for a motor carrier ELD audit consists of back-office/administrative and in-truck testing. “Based on our report and recommendations, motor carriers may be able to resolve areas of non-compliance during early implementation phases,” said Sandberg. “We can decrease the chances of unfavorable roadside inspections or DOT audit results.”

In addition to Sandberg and Childress, Indianapolis-based Scopelitis Attorneys Tim Wiseman and Brandon Wiseman have extensive knowledge of ELD regulations and best practices, as well as Mt. Ephriam-based Attorney Tom O’Donnell.

For more information or to contact a member of the team, please visit our Regulatory Compliance Practice Area's page here.

 

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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