ELD ‘IOU’ won’t save drivers from citation, CVSA says

Drivers beware. If you purchased an ELD device but do not have it installed by Dec. 18, you will be issued a citation and potentially a fine.

Reports are coming into OOIDA HQ from drivers who have already paid for an ELD device but haven’t received it from the manufacturer. At least two companies are reportedly sending emails to customers, telling them that “due to high demand” the devices won’t even ship until the end of the month. Pending any regulatory relief from the Trump administration, the deadline for compliance is Monday.

The companies are saying drivers can show their receipt or an “order confirmation certificate” to law enforcement during a traffic stop or roadside inspection. The receipt or certificate should indicate to law enforcement that the driver has “purchased an ELD” and intends to comply with the mandate.

Not so fast, says Collin Mooney, executive director of the Commercial Vehicle Safety Alliance.

While it is true that the Federal Motor Carrier Safety Administration has said it will not order drivers out of service for not having an ELD until April 1,  nor will there be a points violation affecting a driver’s Compliance, Safety, Accountability program scores, Mooney says law enforcement will still be writing tickets. And those tickets may come with a fine.

“We will definitely be writing a violation,” he said in a phone interview with Land Line on Thursday. “We will be documenting a violation of ‘No ELD.'”

If an ELD-maker tells you an “IOU” for an ELD allows you to avoid a penalty for noncompliance, that’s misleading.

Though it’s also true that a “no ELD” violation is not a points violation under CSA, Mooney says that doesn’t mean a driver can’t also be fined under state law.

“Obviously, it’s great that someone purchased a device and has an order confirmation or receipt,” Mooney says. “A driver may still be issued a citation, depending on the jurisdiction or the discretion of the inspector.”

After April 1,  the violation changes from “no ELD” to “no record of duty status.” Mooney says that violation is a points violation under CSA.