ELD Mandate Update: FMCSA Announces ELD Violation Severity Weights
The 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?
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.
As ORBCOMM’s Senior Director of Product Marketing, Denis Cody leverages over two decades of industry experience in international B2B marketing to help develop and execute GTM strategies, positioning and messaging for our suite of products and solutions.