The Consequences of Not Implementing ELD
The Supreme Court has shown their final hand for everyone playing the wait and see game with the ELD mandate. They refused to hear a challenge to the ELD mandate.
The final deadline to comply with the mandate of December 18, 2017, is now set in stone.
Your company will face stiff penalties if you fail to meet the December deadline. These include vehicles being put out of service and assessing large fines.
Keep in mind as you read about the consequences of not implementing an ELD system that GPS Insight is here to work with you to streamline the implementation process.
The Hits Will Keep on Comin’
Drivers can be cited during a roadside inspection for a myriad of HOS violations.
The obvious violation the driver faces is not having an ELD or automatic onboard recording device (AOBRD) tracking HOS after December 18, 2017. This violation is from section 395.8, which could have a BASIC score between 1-10 depending on how the violation is reported.
The driver will also receive an Hours of Service (HOS) Record of Duty Status (RODS) violation even if they are keeping paper logs. They can also be declared out of service and will not be legally permitted to drive they do not have RODS. There is also the possibility of a fine and assessed a BASICS score.
A violation severity of 5 will be doled out for both not having a Record of Duty Status under [395.8(a)], as well as not having an AOBRD under [395.12(a)(2).
Your entire fleet will be subject to a possible violation on top of the driver.
There is only one exception to this violation. The exception is for vehicles that have an out of service ELD device.
Is It Sinking in Yet?
If all of that weren’t enough, an additional two points will be added to the BASIC violation score if the driver is placed out of service. This is very likely to happen and is in accordance with the FMCSA’s BASIC Violations Table A-3.
Failing to require a driver to make a record of duty status is a critical violation. The carrier can be cited under section 395.8(a) for this violation.
The FMCSA defines a critical violation, aka a pattern of occurrence violation, as an indication of noncompliance related to the carrier’s management or operational controls. The pattern is defined with a threshold of violations taking place in at least 10% of the carrier’s records that are examined. The records must show more than one occurrence of the same violation.
What It Will Cost You
There’s more to being cited for violations and the driver accruing black marks against the fleet’s BASIC score, vehicles being placed out of service, and possible audits. Drivers and fleets alike can face stiff monetary penalties for a 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.
Are you doing the math in your head yet?
A fleet of several thousand vehicles could rack up fines into the millions if they have not implemented an ELD or AOBRD by the December deadline.
You can see the compiled list from the North American Transportation Association (NTA) where they show the average and top HOS carrier fines. Failure to require the driver to keep a log under section 395.8(a) had an average fine of $2,867 with the top fine of a single violation reaching $13,680.
It Pays to Implement
The time is now to implement a HOS solution to avoid receiving a citation and/or fine. Remember that it takes time to choose a provider, particularly if your company has a bidding or piloting process that needs to be fulfilled.
Installation, implementation, and training will also take time and attention to detail. It will vary by fleet size but will take longer than you think.
Call GPS Insight today to start the implementation process at 877-477-2690. We will work with you to streamline the process so you and your team are ready by December 18, 2017.
