The Four ELD Exceptions Are Actually Easy to Verify

There are four ELD Mandate exceptions and they are easy to understand. Read them here.

Published On: 03/10/2017
Driver holding compliance tablet
J. J. Keller Industry Consultant Tom Bray

Written by:

Tom Bray

Sr. Industry Business Advisor — J. J. Keller & Associates, Inc.

As of December 18, 2017, most drivers that currently use paper logs will have to be switched over to an electronic logging device. The choices will be an automatic onboard recording device (AOBRD) meeting the current requirements in §395.15, installed before December 18, 2017, or a device meeting the electronic logging device (ELD) standards found in Subpart B to Part 395 and the associated appendix.

There are four ELD Mandate exceptions, and they include:

  • Drivers that only had to fill out a log 8 or fewer days out of the last 30 days. This would include “short-haul” drivers that normally operate under the 100 and 150 air-mile exceptions and intermittent drivers.
  • Drivers operating a vehicle older than model year 2000. This is due to the regulations requiring the device be connected to the engine control module (ECM). The problem is that some of these older vehicles do not have a “standard” ECM.
  • Drivers operating a vehicle that is part of a driveaway/towaway shipment.
  • Drivers driving or towing a recreational vehicle that is part of a driveaway/towaway shipment.

How are officers on the road and doing audits going to verify that the driver that is claiming one of the exceptions is actually entitled to it? It is easier than you think.

ELD Exceptions and Short-Haul Drivers

During a roadside inspection, the officer can contact the carrier for the time records related to a driver he/she is inspecting. The officer can then verify that the driver was complying with the terms of the 100 or 150 air-mile exception. This simply involves the officer verifying that there were time records and they showed the driver staying under the limits attached to the exception. If the records show the driver as operating under the 100 or 150 air-mile exception often enough, there would be no violation for the driver not using an ELD.

During an audit, it is even easier for the auditor. The auditor will simply ask for all six months of time records related to the driver in question during the audit. If the records show the driver as complying with the terms of the 100 or 150 air-mile exception often enough, then there is no violation.

As far as intermittent drivers, the officer or auditor will inquire as to how many days the driver has worked out of the last 30. In the case of an audit, the auditor will look at records such as dispatch, payroll, and expense records, to determine how many days the driver was driving. Once this is determined, the auditor will then determine how many of those days should have been logged. As long as it ends up to be 8 or fewer out of any 30-day period, there is no violation.

ELD Exceptions on Older Vehicles

To verify that the driver is allowed to use paper logs due to the age of the vehicle, the officer or auditor will simply check the vehicle identification number (VIN). If the VIN indicates that the vehicle is a model year 1999 or older vehicle, there will be no violation for the driver using a paper log rather than an electronic log. How is this determined? The model year is coded in the vehicle’s VIN at the 10th position. Presently, 2000 and newer vehicles have Y, 1 to 9, or A to H in the 10th position (i, o, u, and z are not used in VINs by the way). If the 10th digit is anything other than those listed, the vehicle is older than model year 2000.

On the road, an officer simply needs to locate the VIN. During an audit, the auditor simply needs to ask for a copy of the vehicle’s title or registration. Either way, the officer or auditor will be able to easily verify the model year of the vehicle. If the VIN verifies the age of the vehicle as being a model year 1999 or older, then it would not be a violation for the driver of that vehicle to be using a paper log, rather than an electronic one after December 18, 2017.

Driveaway/towaway ELD Exceptions

To verify that the driver was allowed to use the driveaway/towaway exception to use a paper log rather than an electronic log after December 18, 2017, all the officer or auditor needs to do is ask for the shipment paperwork. The shipment paperwork will then be used to verify that the vehicle the driver is (during a roadside inspection) or was (during an audit) operating is/was part of the shipment. If so, then there would be no violation for the driver using a paper log rather than an electronic logging device.

There are no other ELD Mandate Exceptions

Remember, there are no other exceptions to the ELD mandate. If your drivers cannot use any of these exceptions, you will need to plan on having your drivers switched from a paper log to an electronic log that meets the ELD mandate requirements in §395.15, or Subpart B of Part 395, by December 18, 2017.

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