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ELD Mandate Update: FMCSA Announces ELD Violation Severity Weights

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e-log solutionThe Federal Motor Carrier Safety Administration (FMCSA) has announced the violation severity weights that apply to CSA scores as a result of ELD violations. The figures show the exact score that will impact carrier safety scores in the Safety Measurement System since the start of the ELD deadline on April 1.

The FMCSA posted the details on the agency’s Compliance, Safety, Accountability (CSA) website earlier this month. The body that governs road safety across North America says that the violation scores only apply after April 1, when the hard deadline kicked in. There is no retroactive application of these points.

With this update, the severity weighting now ranges from seven points for failing to provide supporting documents in the driver’s possession upon requests, to one point for failing to manually add location description, failing to maintain ELD user’s manual or instruction sheet. The violation severity weight for operating a CMV while ill or fatigued is 10.

The full list of violation severity weight is here and detailed below:

BASIC HOS Compliance
Section Violation Description* Violation Group Description Violation Severity Weight Violation in the DSMS? What Changed
395.8A-ELD ELD – No record of duty status (ELD Required) Incomplete/Wrong Log 5 Y Added in 3.0.9
395.8A-NON-ELD No record of duty status when one is required (ELD Not Required) Incomplete/Wrong Log 5 Y Added in 3.0.9
395.8A1 Not using the appropriate method to record hours of service Incomplete/Wrong Log 5 Y Added in 3.0.9
395.11G Failing to provide supporting documents in the driver’s possession upon request False Log 7 Y Added in 3.0.9
395.20B The ELD’s display screen cannot be viewed outside of the commercial motor vehicle. Incomplete/Wrong Log 5 N Added in 3.0.9
395.22A Operating with a device that is not registered with FMCSA Incomplete/Wrong Log 5 Y Added in 3.0.9
395.22G Portable ELD not mounted in a fixed position and visible to driver EOBR-Related 1 Y Added in 3.0.9
395.22H1 Driver failing to maintain ELD user’s manual EOBR-Related 1 Y Added in 3.0.9
395.22H2 Driver failing to maintain ELD instruction sheet EOBR-Related 1 Y Added in 3.0.9
395.22H3 Driver failed to maintain instruction sheet for ELD malfunction reporting requirements EOBR-Related 1 Y Added in 3.0.9
395.22H4 Driver failed to maintain supply of blank driver’s records of duty status graph-grids EOBR-Related 1 Y Added in 3.0.9
395.24C1I Driver failed to make annotations when applicable Other Log/Form & Manner 1 Y Added in 3.0.9
395.24C1II Driver failed to manually add location description Other Log/Form & Manner 1 Y Added in 3.0.9
395.24C1III Driver failed to add file comment per safety officer’s request Other Log/Form & Manner 1 Y Added in 3.0.9
395.24C2I Driver failed to manually add CMV power unit number Other Log/Form & Manner 1 Y Added in 3.0.9
395.24C2II Driver failed to manually add the trailer number Other Log/Form & Manner 1 Y Added in 3.0.9
395.24C2III Driver failed to manually add shipping document number Other Log/Form & Manner 1 Y Added in 3.0.9
395.28 Driver failed to select/deselect or annotate a special driving category or exempt status Other Log/Form & Manner 1 Y Added in 3.0.9
395.30B1 Driver failed to certify the accuracy of the information gathered by the ELD Other Log/Form & Manner 1 Y Added in 3.0.9
395.30C Failing to follow the prompts from the ELD when editing/adding missing information Other Log/Form & Manner 1 Y Added in 3.0.9
395.32B Driver failed to assume or decline unassigned driving time Incomplete/Wrong Log 5 Y Added in 3.0.9
395.34A1 Failing to note malfunction that requires use of paper log Incomplete/Wrong Log 5 Y Added in 3.0.9

*Shown on Driver/Vehicle Examination Report Given to CMV Driver after Roadside Inspection

There was no impact to safety scores during the ‘soft enforcement’ period between December 2017 and April 2018. During this time violations were regarded as “no-points” citations.

The April 1 deadline marks the end of a transitionary period. It is phase two of a four-year compliance phase. The final deadline for complete ELD compliance is December 2019.

Carriers that receive the new ELD violations and incur scores during a roadside inspection will begin to see the impact of the violations on their HOS Compliance BASIC at the start of May, as the next monthly figures are released.

Why choose ORBCOMM’s ELD solution? 

If your fleet still needs to choose an ELD – or if you are considering moving from your current AOBRD vendor – ORBCOMM’s ELD solution has been a very popular choice during the first phase of ELDs.    

Regarded as one of the most driver-friendly ELDs on the market, the ORBCOMM’s ELD solution is loved by drivers who have found its modern look and feel easy to use and quick to learn. Training takes as little as 15 minutes. Simple log editing means that drivers can quickly, easily and legally edit their non-drive duty logs to correct mistakes. This combines with a comprehensive, in sync, back office solution for dispatchers and compliance managers, who can solve issues like missing miles and log editing in the most productive ways. 

Learn more about ORBCOMM’s ELD solution or schedule a demo via sales@orbcomm.com

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Denis Cody

Denis Cody is Marketing Manager for ORBCOMM.

Posted in 1. Transportation Tagged with: ,

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