Exemptions from the ELD Mandate

In 2014, the Federal Motor Carrier Safety Administration (FMCSA) conducted a study highlighting the potential life-saving impact of Electronic Logging Devices (ELDs). This technology, it projected, could prevent roughly 1,714 crashes, 522 injuries, and 24 fatalities annually. Given the alarming statistics surrounding motor accidents, which involved 4,400 large buses and trucks in deadly crashes in 2016, it became evident that action was needed to address the issue. To tackle this, the FMCSA introduced a mandate that requires digital tracking of a driver's Hours of Service (HOS).

Before delving into the exemptions of the ELD Mandate, it's essential to comprehend what an ELD device is and why it's necessary.

What is an ELD?
An Electronic Logging Device, or , closely monitors a truck's engine and records its driving hours. For the sake of ELDaccurate Hours of Service calculations, the FMCSA mandated that almost all commercial vehicles crossing state lines must have an ELD device installed. ELDs streamline record-keeping for drivers, replacing manual paper logs. While some argue that ELDs aren't a perfect solution and impose rigid requirements that don't suit every truck driver, they are a legal necessity for most long-haul truckers. This article explores the exemptions to this mandate.

Understanding Hours of Service (HOS)
The Hours of Service rule, implemented by the Federal Government in 1938, aims to prevent driver exploitation and fatigue-related accidents. Fatigue is a leading cause of road accidents, contributing to thousands of deaths and substantial economic costs each year. HOS rules limit the hours a commercial driver can operate:

A driver can drive for up to 8 hours in a single stretch, followed by a mandatory 30-minute break.
The daily driving limit is 11 hours within a 14-hour workday.
After a 14-hour shift, drivers must have a 10-hour off-duty period.
Drivers cannot work more than 60 hours over a 7-day workweek, with additional state-specific HOS rules.
The FMCSA mandates ELDs for most commercial drivers, except for those falling under specific exemption categories, which we'll discuss below.

ELD Mandate Exemptions

Trucks Manufactured Before 2000: Trucks manufactured before 2000 often lack the necessary Engine Control Module (ECM) for ELD functionality. To determine eligibility, check the truck's model year via its Vehicle Identification Number (VIN). Be aware that engine replacements may affect exemption status.

Drivers with RODS of 8 Days or Less: Drivers with Records of Duty Status (RODS) of 8 days or less in a 30-day period are not mandated to use ELDs. However, they must maintain paper logs.

Driveaway-Towaway Operations: When an empty or unladen truck with at least one set of wheels on the road is transported from one location to another, ELDs are not required. This also applies when transporting a motorhome or recreational vehicle trailer.

Short-Haul Exemptions: Short-haul drivers fall into two categories:

100 Air-Mile Radius: Commercial drivers operating within a 100 air-mile radius from their reporting location, returning home daily, and working 12-hour shifts are exempt from ELDs.
150 Air-Mile Radius for Non-Commercial Drivers: Non-commercial drivers operating vehicles under 8,000 pounds within a 150 air-mile radius of their reporting location, returning to the reporting location daily, and not requiring a Commercial Driver’s License (CDL) are also exempt.
Agricultural Exemptions: Some agricultural vehicle exemptions exist, particularly for those transporting agricultural commodities within a 150 air-mile radius. These drivers aren't subject to HOS requirements and may not need paper logs if their vehicle already has an ELD. A "covered farm vehicle" exemption also applies during the private transportation of agricultural commodities.

Additional Limited Exemptions

In addition to the primary exemptions, the FMCSA has granted specific exemptions for defined periods:

Trucks Rented for 8 Days or Less: Until October 11, 2022, trucks rented for 8 days or less are exempt, though HOS rules may still apply. Drivers must keep a copy of the rental agreement.

UPS Partial Exemption: Until October 20, 2022, UPS drivers have modified rules, allowing them to change their duty status on the ELD device when not in their vehicles. Yard moves for UPS also have special provisions regarding ELD use.

Motion Picture Association of America (MPAA) Exemption: For five years, CMV drivers associated with the MPAA are exempt from ELD requirements, opting to maintain paper records of duty status due to the unique nature of their work.

It's crucial to note that even if exempt, some drivers may choose to install ELDs to future-proof against rule changes or comply with state-specific requirements. States like Texas and Florida have already implemented their ELD programs.

In summary, ELD mandate exemptions encompass various scenarios, but they do not depend on truck ownership type. The landscape of exemptions may evolve, so staying informed is essential.