Motor Carriers who must comply with the federal ELD rule on December 18, 2017

In December 2015, the FMCSA announced the ELD mandate will be enforced starting in December 2017. Although the final ELD rule applies to most commercial motor vehicle (CMV) drivers, there are some exceptions.
In general it is operation of a truck, or truck-tractor with a trailer, that is involved in interstate commerce and:

  • Weighs (including any load) 10,001 pounds (4,536 kg) or more, or
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more, or
  • Is transporting hazardous materials in a quantity requiring placards.

The ELD rule allows limited exceptions to the ELD mandate, including:

  • Drivers who operate under the short-haul exceptions (100 and 150 air miles rule) may continue using timecards; they are not required to keep RODS and will not be required to use ELDs.
  • Drivers who use paper RODS for not more than 8 days out of every 30-day period.
  • Drivers who conduct drive-away-tow-away operations, in which the vehicle being driven is the commodity being delivered.
  • Drivers of vehicles manufactured before 2000.

AOBRD – A “grandfathered” AOBRD is a device that a motor carrier installed and required its drivers to use before the electronic logging device (ELD) rule compliance date of December 18, 2017. The device
must meet the requirements of 49 CFR 395.15. A motor carrier may continue to use grandfathered AOBRDs no later than December 16, 2019. After that, the motor carrier and its drivers must use ELDs.
See Section 395.15 (a) of the ELD final rule.

Interstate commerce … occurs when the shipper intends to have cargo transported to another State or country. That cargo is in interstate commerce from the moment it leaves that shipper until it arrives at
its destination. If your truck hauls that cargo, even within a single State, that transportation is considered to be in interstate commerce.
If you operate in interstate commerce once in a while, you are not required to comply with the Federal hours-of-service regulations all of the time. You must follow the Federal hours-of-service regulations while you are operating in interstate commerce. At the point you start driving in interstate commerce you must have logs with you for your last 7 days (unless you were not required to log).

You must also follow the Federal hours-of-service regulations for a short period of time after you finish operating in interstate commerce. If you were using the 60-hour/7-day schedule, you must follow the Federal hours-of-service regulations for the next 7 days after you finish operating in interstate commerce. If you were using the 70-hour/8-day schedule, you must follow the Federal hours-of-service regulations for the next 8 days after you finish operating in interstate commerce.

If you are operating in intrastate commerce only, the Federal hours-of-service regulations do not apply to you. However, most States have regulations that are similar or identical to the Federal regulations. Contact the appropriate State agency.

Sometimes your truck may be empty. In these cases your truck is still considered to be in commerce because it is being used to support a business. Even if it is empty, you are considered to be operating in interstate commerce if you go outside of your State or remain within your State but recently carried cargo that was being transported in interstate commerce. If the truck is empty and you are operating inside your State, you are operating in intrastate commerce, provided you did not recently carry cargo that was being transported in interstate commerce.