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ELD Violations Will Be Reflected in Your Hours-of-Service Compliance Basic

As part of the Compliance, Safety, Accountability (CSA) program, the Federal Motor Carrier Safety Administration (FMCSA) looks at seven categories, known as the Behavior Analysis and Safety Improvement Categories (BASICs). In early May, the way that your hours-of-service (HOS) compliance BASIC is calculated will be changing – make sure you’re prepared!

What is the HOS BASIC?

The HOS Compliance BASIC addresses requirements outlined in the Federal Motor Carrier Safety Regulations (FMCSRs) 49 CFR Parts 392 and 395. Violation of these regulations relate to a driver’s records of duty status (RODS), HOS requirements, and driver fatigue.

ELD Violations Will Be Used in HOS BASIC Calculation

With the electronic logging device (ELD) mandate now under hard enforcement, the FMCSA will be changing the way that they calculate the HOS compliance BASIC as part of the CSA program. As of April 1st, 2018, violations related to ELDs found during roadside inspections will be used in the Safety Management System (SMS) program.

These violations will not be applied retroactively; violations recorded prior to April 1st, 2018, will not count on a motor carrier’s SMS report. Motor carriers that have received ELD-related violations will start to see them reflected in their HOS compliance BASIC in early May 2018 (when the next monthly SMS results are released).

ELD-Related Violations

Below you will see violations, listed in order of severity that will have an impact on your HOS BASIC moving forward:

Section

Violation Description Shown on Driver/Vehicle Examination Report Given to CMV Driver after Roadside Inspection

Violation Group Description

Violation Severity Weight

395.11G

Failing to provide supporting documents in the driver’s possession upon request

False Log

7

395.8A-ELD

ELD – No record of duty status (ELD required)

Incomplete/Wrong Log

5

395.8A-NON-ELD

No record of duty status (RODS) when one is required (ELD not required)

Incomplete/Wrong Log

5

395.8A1

Not using the appropriate method to record hours of service (HOS)

Incomplete/Wrong Log

5

395.20B

The ELD display screen cannot be viewed outside of the commercial motor vehicle (CMV)

Incomplete/Wrong Log

5

 395.22A

Operating with a device that is not registered with FMCSA

Incomplete/Wrong Log

5

395.32B

Driver failed to assume or decline unassigned driving time

Incomplete/Wrong Log

5

395.34A1

Failing to note malfunction that requires use of paper log

Incomplete/Wrong Log

5

 395.22G

Portable ELD not mounted in a fixed position and visible to driver

EOBR-Related

1

395.22H1

Driver failing to maintain ELD user’s manual

EOBR-Related

1

395.22H2

Driver failing to maintain ELD instruction sheet

EOBR-Related

1

395.22H3

Driver failed to maintain instruction sheet for ELD malfunction reporting requirements

EOBR-Related

1

395.22H4

Driver failed to maintain supply of blank driver’s records of duty status graph-grids

EOBR-Related

1

 395.24C1II

Driver failed to manually add location description

Other Log/Form & Manner

1

395.24C1III

Driver failed to add file comment per safety officer’s request

Other Log/Form & Manner

1

395.24C2I

Driver failed to manually add CMV power unit number

Other Log/Form & Manner

1

395.24C2II

Driver failed to manually add the trailer number

Other Log/Form & Manner

1

395.24C2III

Driver failed to manually add shipping document number

Other Log/Form & Manner

1

395.28

Driver failed to select/deselect or annotate a special driving category or exempt status

Other Log/Form & Manner

1

395.24C1I

Driver failed to make annotations when applicable

Other Log/Form & Manner

1

395.30B1

Driver failed to certify the accuracy of the information gathered by the ELD

Other Log/Form & Manner

1

395.30C

Failing to follow the prompts from the ELD when editing/adding missing information

Other Log/Form & Manner

1

 

Tips to Protect Your HOS BASIC

By violation group description, we’ve provided you with some tips to help you protect your HOS BASIC and keep a strong CSA score:

  • False Log
    Have your supporting materials ready and easily available to provide to an officer when requested. Supporting documentation can include:

    • Bills of lading, itineraries, schedules or other documents showing start and end location of each trip
    • Dispatch records
    • Receipts related to “on-duty/not driving” activities (meals, lodging, fuels, etc.)
    • Fleet management system communication records
    • Payroll records
  • Incomplete Log/Wrong Log
    To prevent violations in this category, you want to ensure that:

    • You are using an ELD or grand-fathered AOBRD if you are required to under the ELD mandate (non-exempt)
    • Your ELD is registered and listed on the FMCSA’s Registered ELD list
    • You can provide your logs for inspection on a portable display screen (mobile phone or table) that can be viewed outside of the vehicle
    • You have claimed or declined any unassigned driving that has occurred in your vehicle
    • You have noted any malfunctions that have required you to use a paper log until malfunction is addressed
  • ELD-Related
    First, you’ll want to make sure that your ELD is mounted in an easily accessible location that is visible – don’t hide it non-accessible areas. Next, make sure you have the following items in your cab or downloaded on your mobile device:

 

  • Other Log/Form and Manner
    This category is focused on ensuring that you know how to properly use your ELD and you have a solid understanding of logging requirements under the ELD mandate. The BigRoad team has pulled together a library of guides and videos to help – here are some that you’ll want to make sure to check out:

    • Video – How to Change Your Truck, Trailer, and Shipment Information
    • Guide – How to Change Your Truck, Trailer, and Shipment Information
    • Video – Understanding ELD Inspection Mode
    • Guide – How to Use ELD Inspection Mode
    • Guide – How to Manage Unidentified Driving
    • Guide – How to Edit Logs for Drivers
    • Guide – How to Edit Logs for Fleet Administrators