FMCSA tightens oversight of ELDs to prevent fraud and protect drivers

The Federal Motor Carrier Safety Administration is conducting a comprehensive review of the certification process for electronic logging devices (ELDs).

The Federal Motor Carrier Safety Administration (FMCSA) is conducting a comprehensive review of the certification process for electronic logging devices (ELDs). The goal is to implement stricter measures against those who “abuse the old self-certification process” and introduce a new, more rigorous, multi-step approval system.

In an announcement made on December 1, FMCSA Administrator Derek Bares stated that by strengthening the ELD review process, the agency will ensure that the industry can rely on trustworthy equipment, and that workers will be better prepared to continue driving the U.S. economy forward.

FMCSA Implements New Certification Process for ELDs

Federal law has required most commercial truck drivers to record their hours of service (HOS) using electronic logging devices since December 2017. Since February 2016, ELD providers have been allowed to self-certify and register their devices with the agency, a process that, according to the FMCSA, has led to repeated revocations and costly, inconvenient replacements for carriers.

To avoid this situation, the FMCSA has proposed a new verification process that will include an initial review to confirm contact information, technical specifications, and device images. A subsequent fraud-detection step will compare new ELD applications to lists of active, inactive, revoked, and pending devices.

Applications will be classified into one of the following four categories:

Category 1: Approved
Category 2: Information Requested
Category 3: Additional Review
Category 4: Denied for failing to meet required standards

Although the FMCSA has not yet provided dates for implementing the changes, the agency states that the new measures will close the regulatory gap and provide carriers and drivers with confidence in reliable and secure processes for selecting ELDs.

Failure to meet federal requirements

The FMCSA has removed a total of 25 ELDs from its list of approved devices this year, due to providers’ failure to meet minimum federal requirements. These removals often occur when devices are distributed through third-party groups, creating problems for carriers and drivers who use them.

Organizations such as the American Trucking Associations and the Commercial Vehicle Safety Alliance (CVSA) have advocated for increased scrutiny in the ELD approval process, calling for third-party certification to prevent falsification of hours-of-service data and thereby reduce risks to road safety.

According to the CVSA, roadside inspectors across the country are discovering new methods of ELD tampering by drivers, carriers, and other intermediaries, making it difficult to accurately verify whether drivers have recently taken the mandatory breaks required under federal law.

The FMCSA plans to address these issues through its new certification process.