During this session Mr. Smith and Mr. Doerr will discuss the effects the mandate will have on a crane company's operations as well as possible exemptions your company may use based on a short working radius. Understanding this new mandate is crucial to the implementation of new processes and procedures in your company to maintain compliance. Effective February 16, 2016, Electronic Logging Devices (ELDs) will be replacing paper log books for Hours of Service requirements for crane industry. This could have a significant impact on the crane industry. Don't miss this session! Speakers: Joe Doerr, Specialized Transportation Program Manager, NBIS, (NationsBuilders Insurance Services, Inc.) Bill Smith, Executive Vice President, Claims & Risk Management, NBIS, (NationsBuilders Insurance Services, Inc.)

1. The ELD Mandate:
The Time has Come

3. Hours-of Service Regulation
Commercial motor vehicle means any self-propelled or
towed motor vehicle used on a highway in interstate
commerce to transport passengers or property when the
vehicle:
1. gross vehicle weight, or gross combination weight of
10,001 pounds or more, whichever is greater; or
2. used to transport more than 8 passengers (including
the driver) for compensation, or more than 15
passengers (including the driver), not for compensation;
or
3. Is used to transport a hazardous material that
requires placarding.
Anyone operating such a vehicle is subject to the safety
regulations.

4. 2016 HOS Violations
HOS Violations Sum of # of Violations
Log Violation (General/Form And Manner) 134,547
Driving beyond 8 hour limit since the end of the last off duty or sleeper period of at least 30 minutes 49,680
Unknown 43,306
Driving beyond 14 hour duty period (Property carrying vehicle) 30,258
False Report Of Drivers Record Of Duty Status 29,617
Drivers Record Of Duty Status Not Current 26,066
No Drivers Record Of Duty Status 21,331
Driver Failing To Retain Previous 7 Days’ Logs 20,111
Driving beyond 11 hour driving limit in a 14 hour period. (Property Carrying Vehicle) 16,909
New Truck Req./Perm. Property Cmv Driver To Drive After 70 Hrs On Duty In 8 Days 2,845
Grand Total 374,670

5. 134547
49680
43306
30258 29617
26066
21331 20111 16909
2845
0
20000
40000
60000
80000
100000
120000
140000
160000
Total HOS Violations (2016)
Total

6. Violations and maximum monetary penalties?
(a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs): A person or entity that
fails to prepare or maintain a record required by parts 40, 382, 385, and 390-99 of this
subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is
subject to a maximum civil penalty of
• (1) Recordkeeping. $1,194 for each day the violation continues, up to $11,940.
• (2) Knowing falsification of records. Maximum civil penalty of $11,940 if such action
misrepresents a fact that constitutes a violation other than a reporting or recordkeeping
• (3) Non-recordkeeping violations. A civil penalty not to exceed $14,502 for each violation.
• (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-
99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to
exceed $3,626.

7. Introduction to the ELD Mandate
On December 16, 2015, the Federal
Motor Carrier Safety Administration
(FMCSA) published the “Electronic
Logging Device and Supporting
Documents Final Rule.”

8. The final rule covers four core areas:
1. Who must use an ELD
2. ELD technical specifications
3. Prevention of driver harassment
4. Supporting documents
The final rule also includes
the compliance deadlines.

9. What is an ELD?
A device that:
• Automatically records a driver’s driving time
• Facilitates the accurate recording of the driver’s HOS
• Meets the technical specifications of the ELD rule
• Is synchronized with the engine of the commercial
motor vehicle (CMV)

10. Who Must
Comply?
The ELD applies to most
motor carriers and drivers
who are currently required
to maintain records of duty
status (RODS) per Part 395,
49 CFR 395.8(a).

11. There are a few exceptions:
 100 air‐mile radius drivers may continue to use timecards, as allowed by
§395.1(e)(1)
 150 air‐mile radius non‐CDL freight drivers may continue to use timecards,
as allowed by §395.1(e)(2)
 Using paper RODS for not more than 8 days during any 30‐day period
 Conducting “drive away‐tow away” operations
 Driving vehicles manufactured before model year 2000

12. So who is not exempt??
• Drivers that drive for small fleets and owner-operators
• Drivers that drive non-CDL commercial vehicles
• Driver for small passenger carriers
• Drivers that drive leased or rented vehicles
• Lease or temp drivers
• Drivers at “non-trucking” motor carriers
There are very few drivers exempted from the ELD mandate!

13. ELD
Exemptions

15. 100 air-mile radius
exception
• Operate within 100 air-mile radius of
normal work reporting location
• Return to work reporting location and
released within 12 consecutive hours
• At least 10 hours separate each 12 hours on
duty
• No more than 11 hours driving time
following 10 hours off duty
Exemption Log Book
 Start Time
 End of Shift
 Hours for the day

16. Implementation TimeLine
Final Rule
12.18.2015
Compliance Date
12.18.2017
ELD’s a Must
12.16.2019

17. Grandfather Rule???
Any company currently using an Automatic
Onboard Recording Device (AOBRD) will have
until December 16, 2019 to switch to the ELD.

18. Minimum Technical Standards
 Generally based on performance – maximize flexibility,
minimize cost
 Standard outputs for a consistent enforcement
 Include minimum output requirements for electronically
transferred, displayed, and printed ELD information and
output
 Appendix A to Subpart B of Part 395

19. Engine Synchronization
• Integral synchronization to the engine control module (ECM)
• Monitoring of the vehicle’s engine operation to automatically capture:
Engine’s power status
Vehicle’s motion status
Miles driven
Engine hours

20. Automatically Recorded Data
 Date
 Time
 CMV Geographic Location
Information
 Engine Hours
 Vehicle Miles
 Driver or Authenticated User
Identification
 Vehicle Identification
 Motor Carrier Identification

21. ELD Event Data
Recordings
 Engine power up and shut
down
 Driver login/logout
 Duty status changes
 Personal use or yard moves
 Certification of driver’s daily
record
 60-minute intervals when the
vehicle is in motion
 Malfunction of diagnostic
events

22. Geolocations
 CMV Geographic Location
Information
 Show a nearby city, town, or
village, or the compass direction
and distance from the nearest city,
town, or village
 During on-duty driving periods,
the location accuracy is
approximately within a 1-mile
radius
 When a CMV is used for personal
use, the position reporting
accuracy is approximately within a
10-mile radius

23. Manual Inputs
Motor carriers – User account setup
• Drivers
• Support personnel (mechanics, dispatch, etc.)
Drivers
• Annotations, when applicable
• Location description, when prompted by the ELD
• CMV power unit number
• Trailer number(s), if applicable
• Shipping document number, if applicable

24. Harassment Protection
The ELD Rule defines harassment very specifically:
Action by a motor carrier toward a driver (whether an employee
or a contractor) that the carrier knew or should have known
would result in an HOS violation in 49 CFR 395 or 49 CFR 392.3.
Harassment only applies if the carrier’s action involved
information from an ELD, or other technology used in
combination with an ELD.

25. Preventing Harassment
The ELD Rule provides several provisions to help prevent harassment:
• It prohibits carriers from harassing drivers.
• It provides a process for drivers to file written complaints.
• It mandates an ELD mute function to ensure a driver is not interrupted in the
sleeper berth.
It includes anti-tampering provisions:
• Limited editing ability for ELD records by either a driver or motor carrier.
• Required driver certification when a carrier edits an ELD record.
• Preservation of original ELD records, even when edited.

26. Harassment Penalties
• Any carrier who is found to have harassed
a driver will be subject to a civil penalty for
harassment in addition to a penalty for the
HOS violation.