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

Questions?

• Think of one later:

– transporteditors@jjkeller.com