Create a free Commercial Carrier Journal account to continue reading

FMCSA clarifies ELD mandate’s ‘grandfather’ clause and potential issues with non-compliant ELDs

user-gravatar Headshot
Updated Feb 23, 2017

Electronic logging device

The Federal Motor Carrier Safety Administration last week issued new guidance on the use of older logging devices that, while lacking compliance with the agency’s electronic logging device stipulations, afford carriers two extra years — until December 2019 — to fully comply with the ELD mandate.

The agency also published last week clarification for carriers whose devices turn out to be non-compliant after they’re in use.

As reported by CCJ when the ELD mandate was published in December 2015, carriers using so-called automatic onboard recording devices can continue running the devices to comply with the mandate until Dec. 16, 2019, as part of the ELD mandate’s “grandfather” clause. That’s two additional years beyond the Dec. 18, 2017, compliance date for the ELD mandate.

The FMCSA guidance,issued Feb. 15 via the agency’s ELD FAQ section on its website, clarifies that carriers can transfer an AOBRD to a new truck and remain compliant with the ELD mandate so long as the truck replaces another.

AOBRDs will not be considered compliant options if they are installed in vehicles that do not replace other trucks within a carrier’s operation, FMCSA says.

“If your operation uses AOBRDs and you replace vehicles in your fleet with new commercial motor vehicles, you can install existing AOBRDs in the new CMVs. However, you may not purchase and install a new AOBRD in a vehicle after Dec. 18, 2017,” according to FMCSA’s update.