ELD Mandate Update: FMCSA Gives Further Detail about ‘Grandfather Clause’Does the Grandfather Clause Affect You?
According to a guidance issued in February by the Federal Motor Carrier Safety Administration, Automatic Onboard Recording Devices can be used to remain compliant with the Electronic Logging Device mandate until December 16, 2019. The two-year extension is due to the “grandfather clause” that is included in the ELD mandate.
However, the grandfather clause comes with a couple stipulations:
• In order to qualify for the December 2019 extension, new commercial vehicles installed with an AOBRD must replace an old vehicle. If an older vehicle is not being replaced, the newer vehicle must be installed with an ELD instead.
• New vehicles purchased after December 18, 2017 must be installed with an ELD. After December 18, 2017, it does not matter if an old vehicle is being replaced.
AOBRDs Capable Of Reaching ELD Requirement
Some automatic onboard recording devices are capable of fulfilling the ELD mandate requirements through software updates. Contact the manufacturer of your AOBRD to find out if your devices have the capability to do so. In order for an updated AOBRD to comply, the manufacturer must get the device certified and registered on the FMCSA registration page.
Other Issues Covered
In the same guidance, the FMCSA further clarified that motor carriers will have up to eight days to replace a non-compliant ELD with a compliant one. The same time frame applies to repairing or replacing a broken ELD.
ELD Compliance Requirements
To avoid purchasing an ELD that is not compliant with the standards put forth by the FMCSA, the FMCSA recommends only purchasing ELDs that are self-certified to be compliant by the manufacturer. A list of self-certified ELDs can be found on the FMCSA website.
For more information about the upcoming 2017 ELD Mandate please visit: www.fmcsa.dot.gov/ELD