With time growing short for fleets to begin implementation, those that fail to meet the deadline or refuse to will likely face stiff penalties.
Same Rules Apply
Fleets that don’t meet the ELD Mandate, will face — at the very least — an hours of service (HOS) record of duty status (RODS) violation even if their drivers are keeping paper logs (there are exceptions for fleets that do have an ELD that is out of service).
This is the same violation that drivers (and, by extension fleets) already face if they are not keeping an adequate paper RODS.
If the driver is found in violation of not having a RODS, they will be declared out of service and will not be legally permitted to drive. The driver will also likely be subject to a fine and assessed a BASICS score. In addition to the individual being cited, the fleet could face a violation as well.
Violating Behavior
Drivers can be cited during a roadside inspection for a plethora of HOS violations. At the very least, if the driver does not have an ELD or automatic onboard recording device (AOBRD) tracking HOS after December 18, 2017, he or she will be in violation of section 395.8, which could have a BASIC score (depending how the violation is reported) of between 1 and 10 points.
If the driver is cited for either having no RODS when one is required [395.8(a)] or for not having an automatic on board recording device when required to have one [395.12(a)(2)], the violation severity is 5 for each infraction.
However, it’s important to note that, according to the FMCSA’s BASIC Violations Table A-3, which covers HOS Compliance BASIC Violations, if the driver is placed out of service, which is likely, an additional 2 points will be added to the BASIC violation score.
After an investigation, the carrier can also be cited under section 395.8(a), for failing to require a driver to make a record of duty status, which is a critical violation. According to the FMCSA, a critical violation — also known as a pattern of occurrence violation — is an indication of noncompliance related to the carrier’s management or operational controls. A pattern occurs when violations are discovered in at least 10% of the carrier’s records that are examined, and these records shows more than one occurrence of the same violation.
Show Me the Fine
In addition to a violation and a black mark against the driver and the fleet’s BASIC score, a driver and vehicle being placed out of service, and possible audit, drivers and fleets alike can face stiff monetary penalties for an HOS RODS violation.
Under Title 49, section 521, anyone who does not keep a RODS will face a civil penalty that could range from $1,000 to $10,000 for each offense. If a fleet of several thousand vehicles has decided not to implement an ELD or AOBRD by the December deadline, this could mean fines reaching into the millions of dollars.
To illustrate the severity of the kinds of fines fleets can expect for an HOS violation, the North American Transportation Association (NTA) compiled a list of the average and top HOS carrier fines. For a section 395.8(a) violation—failure to require the driver to keep a log—the average fine was $2,867 with the top fine for a single violation was $13,680.
It Pays to Implement
To avoid receiving a citation and/or fine, fleets need to be moving toward implementation now. Keep in mind that it will take time to choose a provider, particularly if the fleet’s company has a bidding or piloting process that needs to be fulfilled.
Time also needs to be given to installation, implementation, and training. It can take longer than expected to handle each of these steps, depending on the size of the fleet.
While it may take time and money to implement an ELD or AOBRD solution in the fleet, the payoff will be to the bottom line with a fleet that is in compliance and on the road.