The Federal Motor Carrier Safety Administration (FMCSA) has recently made a significant decision regarding two electronic logging devices (ELDs).
Specifically, the Falcon ELD and KSK ELD were removed from the list of self-certified, registered ELDs by the FMCSA. This removal comes as a consequence of these providers' inability to meet the minimum requirements, as outlined in 49 CFR part 395. As a result, both Falcon ELD and KSK ELD have now been placed on the revoked devices list.
However, carriers have 60 days to replace these devices with compliant ELDs.
The DOT FMCSA will issue an industry-wide notification via email to alert motor carriers of the necessary actions to take in response to the revocation of these and other non-compliant ELDs. It is imperative that all motor carriers utilizing these revoked ELDs adhere to the following procedures:
1. Cease the use of the revoked ELDs and instead return to the conventional method of maintaining records, namely paper logs or logging software, to accurately document the required hours of service data.
2. Replace the revoked ELDs with compliant ELDs listed on the registered devices inventory before the 13 November 2023 deadline.
By taking the prescribed measures, motor carriers and their respective operations will remain in compliance with the regulatory framework and uphold the necessary standards of record-keeping within the industry.
When the identified deficiencies regarding these ELD providers are appropriately rectified, the FMCSA will reinstate the ELDs on the list of registered devices. Additionally, the industry, as well as enforcement officials, will be duly notified about this reinstatement.
Until 13 November, safety officials should not penalize drivers using these specific invalidated ELDs for violating section 395.8(a)(1) “No record of duty status,” or 395.22(a) “Failing to use a registered ELD,” as required by 49 CFR regulations. Officials should use alternative methods like paper logs, logging software, or the ELD display as a secondary means to review hours of service (HOS) data.
The FMCSA’s Cease & Desist Use Date for These ELDs
Effective November 13th, motor carriers found utilizing the aforementioned devices will be regarded as operating without an ELD. Authorities responsible for safety enforcement who encounter a commercial driver using one of these revoked devices will issue a citation under 49 CFR 395.8(a)(1) and place the driver out of service.
The FMCSA strongly emphasizes the importance of motor carriers promptly taking measures to mitigate potential non-compliance issues by starting immediately to get compliant ELDs.
Consult Bigger & Harman About Challenging Traffic Tickets in Court
Commercial drivers and carriers with pending challenges to FMCSA ELD issues or traffic tickets in Roseville, CA Traffic Court, contact Bigger & Harman for an initial consultation at (661) 349-9300 or email attorney@biggerharmanlaw.com.
Alternatively, you can use the convenient online contact form.
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References:
The DMV Portal CA Commercial Driver Handbook.
The Truckinginfo.com article, “FMCSA Removes 2 ELDs from List of Registered Devices.”