2019 CRW: Sample ELD Policy (Dave Osiecki session)

1. This correspondence contains business advice provided by Scopelitis Transportation Consulting, LLC, which is not authorized to
Provide legal advice or services. As such, the content of this correspondence is not protected under the attorney-client privilege.
Scopelitis Transportation Consulting, LLC, is a wholly owned subsidiary of Scopelitis, Garvin, Light, Hanson & Feary, P.C.
Main 202-728-2850
Direct 202-728-2851
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DAVID J. OSIECKI
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Direct 202-728-2851
SAMPLE ELECTRONIC LOGGING DEVICE POLICY
I. Background: [Name of carrier] trucks are equipped with [brand name]
electronic logging system (the “device” or the “ELD”). The device helps drivers record
their hours of service and comply with the applicable federal hours of service rules
and exceptions.
II. Purpose: These ELD-related policies set forth the parameters for driver and
company use, driver certification, driver and staff editing, addressing unassigned
driving time, malfunctions, and other ELD compliance-related issues.
III. ELD Use & Retention Policies:
A. ELD Use – All drivers are required to understand how to use the device,
including how to: log in and out, change duty status, use special driving
categories, update information, make annotations, determine available driving
and on-duty time, determine malfunctions and transfer data to a roadside
inspector.
B. Accurate ELD Records – All drivers must ensure all device records are
accurate and finalized each 24-hour period by editing any unintentional
mistakes, and certifying the accuracy of the record at the end of each work
period. Company staff with ELD record management rights are prohibited
from editing ELD records to conceal violations or to falsify them in any way.
C. Authorized Personal Use and Yard Move Status – All drivers are allowed
to use a company truck for personal use consistent with federal “personal
conveyance” guidance issued in June 2018. Drivers using the personal
conveyance status must properly select the personal conveyance status on the
device at the beginning of such status, and must de-select the status at the
end of such status. All drivers are allowed to use the ELD’s yard move status
on the device when operating the truck on a yard at a customer’s location, or
at a receiver’s location, provided the yard has limited access, and is closed to
public traffic.
D. Unassigned Driving Time – All drivers are required to review
“unassigned driving time” event of their truck during his/her next log in on
the device by accepting or rejecting the time. If a driver rejects the time,
company staff will review off such events and assign them to the appropriate
driver, or explain in a note on the ELD record why it is unassigned.

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E. ELD Malfunctions – All drivers must notify company staff in writing
within 24 hours of a malfunction that renders the ELD inoperable. As soon
as a driver becomes aware of a malfunctioning ELD, the driver must begin
preparing a paper log.
F. ELD Information Packet – An ELD information packet, including a
user’s manual, a data transfer instruction sheet, an instruction sheet on
malfunction reporting requirements, and a supply of blank paper log, will be
in each company truck. Drivers must know the contents of this information
packet, and must know where it is located in the truck.
G. Inspections – All drivers must have the ability to read, transfer, display
if necessary, and explain his/her hours of service data during a roadside
safety inspection. All hours of service supporting documents (e.g., bill of
lading, fuel receipts, etc.) a driver has in his/her possession during an
inspection must be provided to the inspector.
H. No Tampering - Drivers are prohibited from tampering with,
disconnecting or damaging the ELD in an attempt to create a malfunction, or
make it inoperable. Any driver found to have tampered with, disconnected or
damaged the ELD will be subject to company discipline, up to and including
termination.
I. Username Security – Drivers are prohibited from sharing their unique
ELD username and any other log in credentials with any other driver.
Company staff with ELD record management rights are prohibited from
sharing their username and any other log in credentials.
J. No Harassment – Company staff are prohibited from using ELD data or
information to urge, encourage or otherwise harass a driver to operate in
violation of the federal hours of service rules, or operate while fatigued.
K. ELD Record Retention & Access – Company will retain all original ELD
records, and a backup copy of such records, for all drivers for at least 6
months. All ELD records will be securely maintained. During the 6-month
retention period, a driver will have access to his/her ELD records.
L. Internal Auditing of ELD Records – As needed, company staff will review
and audit ELD records to ensure accuracy and compliance with all applicable
rules and exceptions.