What Happens If You Don’t Get An ELD
Despite the efforts to delay or completely get rid of the ELD mandate, it’s here to stay. As the compliance date ticks closer on December 18th we may see a new wave of heavy protesting to try and stop it, but you still need to prepare your trucks.
If you fail to comply with the ELD mandate you will have hefty fees and penalties to face. You could even be placed out of service! It will be much cheaper and easier, in the long run, to go ahead and purchase and install your ELD device. Check out the penalties you will face if you don’t comply with the ELD mandate.
Penalties For Failing To Comply With The ELD Mandate
Now you won’t instantly be shut down the moment the clock strikes 12:00 December 18th if you don’t have an ELD device. You will have a bit of a grace period implemented by the Commercial Vehicle Safety Alliance (CVSA).
The CVSA has created the out-of-service-criteria (OOSC) for the ELD mandate and has provided truckers with a little time to comply. However, this isn’t a free pass because beginning on December 18th inspectors and roadside personnel will begin checking and inspecting vehicles for compliant ELDs.
Then depending on the jurisdiction’s discretion if you don’t have a compliant ELD you may be issued a citation. The citation amount is also up the to jurisdiction’s discretion and they could be quite substantial. Then on April 1, 2018 the OOSC associated with the ELD mandate will go into effect.
So, if you’re having trouble finding ELD hardware as fleets scramble to meet the compliance date, don’t worry. You have until the spring to comply before getting shut down. Although, it’s really best to go ahead and comply to avoid citations.
Also, it’s important to remember that if your grandfathered automatic onboard recording device (AOBRD) that meets the requirements of 49 C.F.R. 395.15 then you can continue using it until December 16, 2019.
In the past when CVSA member jurisdictions implemented new mandates and regulations they noted that a phase-in approach was the best method of implementation. That’s why the CVSA Board of Directors, FMCSA, and motor carrier industry agreed to the phase-in approach with the ELD implementation.
Hopefully, this will simplify the transition to using ELD devices for commercial vehicle operators.
Are You Ready For The ELD Mandate?
The ELD mandate is about a little less than a month away! We hope you’re ready to comply in order to avoid extensive citations and eventually getting parked. Don’t let the holiday season distract you, make sure to get the hardware that you need installed before December 18th!
Please share your thoughts on how the ELD mandate will affect the trucking industry in the comment section below and visit ExpressIFTA for more trucking blogs.
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