Feds add ELD back to approved list one day after removing it

The Federal Motor Carrier Safety Administration has reinstated a recently revoked electronic logging device.

On May 23, FMCSA announced that Blue Star ELD has been added back to the list of approved devices.

The device, along with another ELD, had been added to the revoked list by the agency just one day prior.

At the time, FMCSA said the ELD had been removed from the approved list because they failed to meet minimum requirements established in 49 CFR part 395, subpart B, appendix A, which requires “an ELD without a printer be designed so that the display may be reasonably viewed by an authorized safety official without (the official) entering the commercial motor vehicle.”

According to the agency, devices can be added back to the approved list after being revoked if “the ELD provider corrects all identified deficiencies.” FMCSA did not specify what Blue Star ELD did to correct the deficiencies that landed the device on the revoked list.

Reinstating electronic logging devices

While this may be a good thing for device manufacturers, carriers who are trying to maintain compliance with the ELD mandate can be caught in the back-and-forth when it comes to devices being removed and reinstated. The agency has allowed multiple devices in the past year to be added back to the registered list only to be revoked again – raising questions about the thoroughness and efficacy of the process.

Some of that falls at the feet of the federal regulations that govern how a device is added back to the registered list.

According to federal code, ELD providers who have a device revoked have 30 days to submit a response to the agency explaining:

• The reasons the ELD provider believes the facts relied on by the agency, in proposing removal, are wrong
• Or the action the ELD provider will take to correct the deficiencies that FMCSA identified

If the ELD provider “submits a timely response,” the agency will “review the response and withdraw the notice of proposed removal, modify the notice of proposed removal or affirm the notice of proposed removal, and notify the ELD provider in writing of the determination.”

Federal regulations state the agency “may request from the ELD provider any information that FMCSA considers necessary to make a determination under this section.”

Since the mandate took effect in December 2017, FMCSA has allowed companies to self-certify electronic logging devices. There are currently 987 devices on the registered list. The agency does not endorse any of the ELDs on the list.

Similarly, manufacturers are also able to self-revoke their devices. In fact, of the 187 ELDs currently on the revoked list, only 23 have been revoked by FMCSA; the other 164 carry a status of “self-revoked.”

The lack of oversight regarding registered and revoked devices raises concerns for carriers trying to maintain compliance with the ELD mandate. The Owner-Operator Independent Drivers Association has told FMCSA that a comprehensive certification process would go a long way when it comes to easing those concerns.

“It has become abundantly clear the decision to allow self-certification has been a major disservice to motor carriers, as faulty and ultimately noncompliant devices have been listed on the agency’s registry,” the Association said in comments to the agency in November 2022. “While mandating the use of ELDs, the federal government must take the necessary steps to ensure all devices listed on the registry are compliant.”

Carriers can obtain up-to-date information regarding FMCSA’s ELD rule here. LL