Scopelitis, Garvin, Light, Hanson & Feary, P.C.

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News & Analysis

The Transportation Brief®: A Quarterly Newsletter of Legal News, Autumn 2017 - Dispatches

  • Annette Sandberg stated, Out of Service (OOS) Violations during roadside inspections will not start until April 1, 2018. Property-carrying drivers are OOS after 10 consecutive hours and passenger-carrying drivers are OOS after eight consecutive hours. However, state enforcement officials will investigate ELD or ABORD compliance beginning on December 18, 2017. Carriers without compliant ELDs or AOBRDs will likely be targeted for future investigation if there appears to be a trend of roadside violations.

  • According to Brandon Wiseman, motor carriers continue to have a responsibility under the ELD mandate to retain “supporting documents,” which are records generated in the carrier’s normal course of operations that can be used to verify the accuracy of a driver’s record of duty status. According to the ELD mandate, carriers must retain “up to 8” supporting documents for every 24-hour period that a driver is on duty.

  • With differing HOS regulations in the U.S., Canada, and Mexico, a U.S. ELD mandate taking effect this year and a Canadian ELD mandate still being finalized, Jerad Childress recommends that fleets should be sure to work with their ELD providers to tailor their devices to accurately monitor HOS compliance in each country in which they operate. Trucks will continue to move the lion’s share of NAFTA surface freight, but the inevitable confusion related to complying with multiple rules may create marginal losses in productivity.