J. J. Keller & Associates, Inc.
Thomas Bray
Hours of Service and Electronic Logs: Where We
Are and Where We're Going
Hours-of-Service History
• 1936/1938: Original HOS rules, 12 hours of duty (driving and/or on duty), 9 hour break, 60/70
• 1939: First changes,10 hour driving added and break changed to 8 hours • 1962: 15 hour on-duty limit added • 2003/2004: 11, 14, 60/70 with restart for property carriers • 2003: New rules challenged by safety groups and ordered vacated • 2005: Rules reissued, with changes to split sleeper • 2006: New, new rules challenged in court by safety groups, ordered vacated • 2008: Rules reissued, with nearly no changes • 2009: New, new, new rules challenged in court by safety groups, settlement to
change rules reached in 2010 • 2012: Changes result of the challenge/settlement published (which went into full
effect in 2012/2013) • 2012: Industry challenges new rules in court • 2013: Court rules in favor of FMCSA, rules stand as is with exception of 100 and
150 air-mile drivers exempted from 30-minute break
Hours-of-Service Regulations
• Where we are – “Log book” basically unchanged since 1960’s – July 2013 changes in full effect
• 8, 11, 14, 60/70 with restricted restart all in place and being enforced – 8-hour/30-minute break requirement now third most common
HOS violation written on the road – No jump in 60/70 hour violations
• 10, 15, 60/70 with no restart still in place for passenger-carriers
– Several exemption petitions are in play • Split break rules • 30-minute break
Hours-of-Service Regulations
• Most recent changes
– Electronic log allowed, if displays all §395.8 information and driver can print on request
– Livestock exception to 8-hour/30-minute break requirement
– Exemption to 30-minute break requirement for “short-haul” driver
Hours-of-Service Regulations
• Where we are going – According to FMCSA…no where (no changes in
foreseeable future, other than occasional exemptions) – According to courts…no where, they ruled already – According to Congress…we’ll see
• Committee action in both Senate and House has led no where to date
– Passenger carriers • FMCSA recently had “listening sessions” about rules • Still an open item
Question for the Group
• How long has “automatic electronic logging” been around?
ELD History
• 1985: First “AOBRDs” authorized
• 1988: AOBRDs written into regulations (present §395.15)
• 2010: EOBR “bad apple” rule placed in regulations (to take full effect June 2012)
• 2011 (Feb.): EOBR “universal mandate” proposed
• 2011 (Aug.): EOBR bad apple rule struck down by court
• 2014: Supplemental “universal mandate” proposal released (“ELD” proposal)
Where We Are
Automatic Onboard Recording Devices (AOBRDs)
AOBRDs
• Simply take the place of the driver’s paper log • Capable of automatically and accurately recording of
HOS (specifically driving time) – Much more accurate than paper logs
• Does not affect “limits and exceptions” • Eliminates most common violations (log not current,
form and manner) and reduces driving violations
What’s an AOBRDs?
• Integrally synchronized with the CMV • Displays information required in §395.15, NOT §395.8 – Not required to print
• Downloadable/saveable data file retained for six months in back office
What’s an AOBRDs?
A system that produces a Record of Duty Status based on engine/movement data and driver entries
Generally Three Components:
AOBRD connected to engine
Driver Display/Interface Back-Office
What’s NOT an AOBRDs?
• Many devices today are NOT AOBRDs due to not being connected to vehicle! – Laptop logs – Smartphones – PDAs/Tablets/iPads/iPods
• Regulated as paper logs – Must display all of §395.8 information – Officer can ask for printed copy – Must be electronically or physically signed
Where We’re Going
Electronic Logging Devices
(ELDs)
ELD Proposal
• Covers ELD use, ELD technical standards, and retention of supporting documents
• Would require all driver that complete logs to begin using ELDs two years after final rule effective – Only exceptions are 100 and 150 air-mile drivers
that only completed logs 8 days (or less) out of last 30 days
• ELD would need to be on FMCSA’s ELD registry (yet to be created)
ELD Proposal
• No exceptions for:
– Small fleets
– Older vehicles
– “Small” vehicles (non-CDL vehicles)
– Passenger carriers
– Driveaway/towaway drivers
– Leased or rented vehicles
– “Non-trucking” motor carriers
ELD Proposal
• System must automatically capture data set: – At startup and shutdown – At each change of duty status – Once per hour wen vehicle is operating – At start and end of “personal use” or “yard time”
ELD Proposal
• Data set must include: – Date and time – Location (accurate to one mile) – Engine hours and vehicle mileage – Driver logged in – Vehicle identification – Authorized carrier identification
• Location to be accurate to 10 miles during personal use
• Record must be submitted to carrier within 8 days
ELD Proposal
• Technical specifications – System must include unique accounts for all
drivers and support personnel • Driver account must include driver’s license
information
– All users must have user name and password associated with their account
– System must include “unassigned driver” account • All unassigned driving time must either be assigned or
accounted for
ELD Proposal • Technical specifications
– Must be getting engine, speed, and distance data from the vehicle
– Portable driver devices must be mounted within driver’s reach
– Must use “standard data output format” – System must be able to report out to officers using
multiple formats – Carrier has to be able to make records available to
auditors and have a “backup copy”
ELD Proposal
• Display must show: – Driver’s name and ELD user name – Miles driven and engine hours – Malfunction and diagnostic status indicators – Record for the driver including:
• Change of duty statuses, total driving miles for each driving period, and starting and ending for personal use and yard driving events
– A summary of the driver’s total on-duty and driving time for the current day and previous seven days
– A grid graph view of the current day and the previous 7 days
ELD Proposal
• Driver interaction – Driver will have the normal “four lines” (driving
time automatically determined) – Driver must manually enter some information – Driver entries to be made when vehicle is
stopped – Driver must notify carrier within 24 hours of
system failure
ELD Proposal
• Driver “prompted” for entry if: – Log in if vehicle moves with no driver – Duty status if stopped for five minutes (system
to default to on duty if no driver entry) – Location if no position fix at duty change
• Driver does NOT have to be prompted when approaching limit
• System must have “mute” to be used when driver is in the sleeper
ELD Proposal
• Driver interaction – Driver must “certify” log when submitting – Driver must “re-certify” if any changes are made
to records – All annotations, comments, and changes must be
retained, along with original – Driver MUST be able to get copies of all records
for past 6 months from system or carrier
ELD Proposal
• Driver harassment protections – Reinforcing of “no carrier shall require a driver
that is ill or fatigued to drive” regulations – Updated complaint procedures and fines related
to ELDs – Driver’s right to all data and records – Limits on location accuracy
ELD Proposal
• Timeline based on proposal – Now
• Comment period on proposal closed, FMCSA reviewing and considering comments
– Late 2014 or 2015 • Final rule published and becomes effective. Two year implementation
period begins
– Late 2016 or 2017 • ELDs required
– Late 2018 or 2019 • AOBRDs that cannot be updated to ELDs that were in use when ELDs
became mandatory would have to be removed from service
2014 2015 2016 2017 2018 2019
Final Rule Published ELDs Required “Un-updateable” AOBRDs Eliminated
How To Get There
Change Management
Prepare, Implement, Reinforce
How to Get There
• Transitioning from paper to electronic takes time and effort – Use disciplined “change management approach” – Serious consequences if not done well – “Fast and messy” leads to problems
• Will NOT result in instant compliance • Be prepared to deal with data
– Good news: Lots of data to improvement management – Bad news: Lots of data to sort through
• Study current state and future state – Will there be a revenue drop? If so, why? – Determine hard and soft ROI
• Be prepared for resistance from drivers and supervisors
First step: Preparation
• SECURE UPPER MANAGEMENT SUPPORT (all upper managers, not just some, or one)
• Determine needs and wants – What is your ideal “future state”
– Consider “team” or “committee” approach
• Start vendor/system search
• Initiate regular communications on the progress
• Retrain drivers and supervisors on HOS rules and limits
• Plan for personnel changes
First step: Preparation
• Develop policies and procedures – Data uses
– Disciplinary policy (drivers and supervisors)
• Consider personnel redeployment and training – Do not underestimate the amount of training that
will be necessary
• Develop hardware and software installation plans
Second Step: The Changeover
• Finalize detailed plans for: – Resource allocation – Training of drivers, supervisors, and support personnel – Disciplinary actions – System setting – Installation
• Finalize policies and procedures • Continue retrain drivers and supervisors on HOS rules
and limits • Implement ELD system training of drivers, supervisors,
and support personnel
Second Step: The Changeover
• Begin with “beta test” group – Small group of good drivers and supervisors – Verify data usage, settings, policies, and training – This group will be “mentors” during following steps
• Expand implementation – Roll out by “location” or “group,” depending on where the
“control” is – Save “problem” drivers and supervisors for last batch
• Complete implementation – Be prepared for resistance at this point
• Continue communications!
Step Three: Reinforce
• Be prepared for “saboteurs” • Monitor and track
– The system – The data and reports – Error/edit rates – Violation rates – Calls for assistance
• Follow-up training when needed (counsel and correct, first)
• Celebrate and build on successes
Final Considerations
• Be prepared for the “cheaters” – Sharing log ins
• Clue: A non-working driver turning miles, working driver missing miles
– Drivers/supervisors using “Ghost Driver” accounts • Clue: “Maintenance” and/or other “non-existent driver” accounts doing
thousands of miles
– Not logging in or logging out while working/driving • Clue: “Unassigned miles” account doing thousands of miles
– Supervisor assistance (such as changing on-duty to off-duty) • Clue: Excessive edits
– System tampering • Clue: Diagnostic report from unit (driver) and user “footprints” (supervisor)
surrounding a system or data failure
– Logging off duty for everything • Clue: Very little or no on-duty time in the system
Final considerations
• Carriers that are forced to (or choose to) quickly implement have poor success records – High bankruptcy/failure rate – Systemic problems or cause/effect?
• “Tabling it” after starting implementation and coming “back to it later” creates problems – “We killed it last time…” – “They’re not serious this time either”
• System will very quickly pointing out problems – You will need to be prepared to handle them quickly