Arion Tech ELD revoked by FMCSA

The Federal Motor Carrier Safety Administration has removed an Arion Tech ELD from the list of registered devices because of “the company’s failure to meet the minimum requirements.”

FMCSA issued a news release on Friday, June 24, to announce that it had placed the ArionT ELD, model number AT5000, on its revoked devices list.

“Motor carriers and drivers using ArionT ELDs have 60 days to replace the revoked devices with compliant ELDs,” FMCSA wrote.

The agency said the electronic logging device failed to meet the minimum standards established in 49 CFR part 395 subpart B, appendix A.

According to FMCSA, motor carriers and drivers who have been using the ArionT ELD must take the following actions.

Discontinue using the revoked Arion Tech device and revert to paper logs or logging software to record required hours-of-service data.
Replace the revoked device with compliant ELDs from the registered devices list before Aug. 24.

“Motor carriers and drivers who continue to use the revoked ArionT device on or after Aug. 24 will be in violation of 49 CFR 395.8(a)(1) “No record of duty status,” the FMCSA wrote. “Drivers will be placed out of service in accordance with the Commercial Vehicle Safety Alliance criteria.”

The agency said that if Arion Tech corrects all of the identified deficiencies, it will place the device back on the list of registered devices and inform the industry.

FMCSA said it strongly encourages motor carriers using the revoked device to take action now in order to avoid compliance issues.

ELD malfunction

Motor carriers and truck drivers are responsible for making sure they remain compliant with the regulations even when their ELD malfunctions.

In the event of an ELD malfunction, drivers have an eight-day window to repair or replace the nonworking unit. During that time a driver is required to maintain a paper record of duty status. Within the first five days, an extension can be filed if more time is needed to replace the ELD.

Extension requests can be filed via email at ELD-Extension@dot.gov or by contacting the FMCSA division administrator in the state where the principle place of business is maintained.

According to the Federal Motor Carriers Safety Administration’s website, the email needs to contain these details:

• The name, address, and telephone number of the motor carrier representative who files the request.
• The make, model and serial number of each ELD.
• The date and location of each ELD malfunction as reported by the driver to the carrier.
• A concise statement describing actions taken by the motor carrier to make a good faith effort to repair, replace, or service the ELD units, including why the carrier needs additional time beyond the eight days provided by this section.

Once the extension has been filed, FMCSA will provide a written letter with their decision. Drivers may continue to operate provided a manual record of duty status is being completed. If all of the criteria have been met, drivers will be deemed in compliance until FMCSA makes a determination regarding the exemption request.

The determination made by FMCSA will be a final agency action, meaning you will not have an opportunity to appeal. LL

Staff Writer Ryan Witkowski contributed to this report.