ELD Maker Argues New Hours of Service Changes Should Begin NOW
San Francisco, CA – An electronic logging device (ELD) maker is urging the Federal Motor Carrier Safety Administration (FMCSA) to implement its newly issued hours of service (HOS) rule immediately.
KeepTruckin’ says it is ready for the Agency’s new changes to HOS and wants to see them implemented as soon as possible.
Travis Baskin, head of regulatory affairs, tells Transportation Nation Network (TNN) the company doesn’t expect any issues with its system by the time the FMCSA implements the new changes which are expected to be 120 days from the time it is published into the Federal Register.
“As far implementing the changes into our system, we’ve already begun planning out and putting that project into place,” Baskin said. “We don’t think that is going to be a heavy lift for us.”
Baskin pointed out that in order to be compliant with the mandate, the ELD must simply track the driver’s record of duty status (RODS), not each violation.
However, he says customers like the functionality of receiving “violation alerts.”
“We’ve all built that into our systems because it’s a feature drivers really like, and makes drivers lives easier, but it’s not a requirement of the ELD mandate. It’s just a market requirement,” he said.
Additionally, Baskin is hoping the FMCSA will implement the rule sooner.
“We suggested that there should be no delay in implementing if the FMCSA determines the changes will be more safe and effective. We think the drivers should be able to take advantage of it right now.”
However, the problem with such an aggressive implementation date is those tasked with enforcing it must have time to get up to speed, according to Joe Rajkovacz, director of governmental affairs and communications with the Western States Trucking Association.
Rajkovacz told TNN in an interview earlier this year, it was expected the Agency would provide significant lead time before implementing the final changes due to the challenges it will cause state enforcement agencies.
“The Feds don’t enforce their own laws,” Rajkovacz said. “The states do. They have to give states some time.”
Rajkovacz tells TNN he is “pleased” with the new revisions especially the changes for short-haul operators.
However, the FMCSA could soon face a legal challenge to its final HOS rule and it could center around the short-haul revisions.
Prasad Sharma, partner with Scopelitis, a law firm representing many mid to large-sized motor carriers, told TNN he believes that if a challenge were to be filed, the short haul exemption will likely be in the crosshairs.
“I think they would argue the expansion of the short haul exemption will have a deleterious impact on safety and also not justified by the research,” he said.
Rajkovacz argues, “Contrary to what the opponents of the revisions believe, the change won’t increase hours worked. It was already legal for short-haul operators to exceed 12 hours/100 air miles. All that changes is how that time is recorded.”
Click HERE for more on the possible legal trouble the rule could run into.
As for Baskin, he says regardless of when the new changes are implemented, recording the time won’t be an issue for KeepTruckin’ customers to worry about.
The final rule is set to be published into the Federal Register on June 1.
TransportationNation.com will continue to bring you the latest on this developing story.
Photo courtesy KeepTruckin’