The Owner-Operator Independent Drivers Association (OOIDA) is trying to get more state-level attorney generals to follow Indiana’s lead in requesting a delay of the electronic logging device (ELD) mandate due to go into effect December 18 – largely due to the “confusion” the mandate could create regarding enforcement obligations, stressed Todd Spencer, the group’s executive vice president.
He said in a statement there is “widespread misunderstanding” of the legal obligations imposed upon motor carriers and drivers under the ELD regulations – and OOIDA is particularly concerned about potential misinterpretations of the mandate’s exemptions for older model trucks.
“The FMCSA [Federal Motor Carrier Safety Administration] website offers confusing and contradictory information on what models of trucks are obligated to employ ELDs under the rule,” Spencer noted.
He pointed out that FMCSA’s website “offers confusing and contradictory information on what models of trucks are obligated to employ ELDs under the rule.”
As a result, OOIDA contacted more than 15 state commercial motor vehicle enforcement agencies to determine if there is “consensus” on how to enforce the ELD exemption for older trucks.
“There was none,” Spencer said. “The states have taken positions that range from following the plain language of the rule, to following FMCSA’s guidance, to an approach similar to CVSA’s [Commercial Vehicle Safety Alliance] and, in some cases, to taking no position yet.”
OOIDA also noted in its letter that the ELD mandate increases the amount of data available to law enforcement and as a result states should adopt “new statutes” to protect privacy of drivers and limit the use of data to hours of service compliance determinations only.