The Commercial Vehicle Safety Alliance’s 2017 edition of its out-of-service criteria handbook (effective April 1) contained new footnotes related to out-of-service conditions for compliance (or lack thereof) with the federal electronic logging device mandate. Drivers not exempted from ELD use must be using the devices by Dec. 18.
The criteria relate directly to hours of service regulations and the out-of-service criteria pertaining to HOS rules, such as having no logbook, having no previous seven days of logs, and presenting a false log.
Here are the footnote editions added to CVSA’s 2017 handbook:
**If a driver/carrier is using an electronic logging device that is not authorized by the Federal Motor Carrier Safety Administration per 395.22(a), the driver/carrier is considered to have no record of duty status.
**If a driver is unable to produce or transfer the data from an automatic on-board recording device or electronic logging device to an authorized safety official as required by 395.15(b) or 395.24(d), the driver is considered to have no record of duty status.
**If a driver indicates use of a special driving category as defined by 395.28(a) when not involved in that activity, the driver’s log is considered to be false.
**If a driver with a malfunctioning automatic on-board recording device or electronic logging device fails to reconstruct logs for the current twenty-four (24)-hour period and the previous seven (7) days as required by 395.15(f) or 395.34(a)(2), the driver is considered to not have the previous seven (7) days of logs.
**If a carrier does not repair a malfunctioning electronic logging device within eight (8) days, or obtain an extension from the Federal Motor Carrier Safety Administration Division Administrator as required by 395.34(d), the driver is considered to have no record of duty status.
**If a driver does not log into the electronic logging device as required (see 395.22(e)), the driver is considered to have no record of duty status.
**If a driver is required to have an electronic logging device and the vehicle is not equipped with an electronic logging device (or an automatic on-board recording device until December 17, 2019), the driver is considered to have no record of duty status.
