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FMCSA Seeks Public Comment on ELD Revisions

On Sept. 16, 2022, the Federal Motor Carrier Safety Administration (FMCSA) published advance notice of proposed rulemaking to solicit comments on ways to improve the clarity of current regulations for the use of electronic logging devices (ELDs). In addition, the notice addresses certain concerns about the technical specifications raised by industry stakeholders. The FMCSA is asking commenters to answer a variety of questions to elicit practical information about the costs, benefits, and relevant scientific, technical and economic aspects of alternative approaches. Comments are due by Nov. 15, 2022. ELD Regulation Background

The rule requiring the use of ELDs increased compliance with the hours of service (HOS) regulations and addressed the “safety of operation” of motor carriers subject to the HOS statute. The FMCSA states that it believes the lessons learned by its staff, state enforcement personnel, ELD providers and industry over the last few years can be used to streamline and improve the clarity of the regulatory text and resolve questions that have arisen regarding ELD technical specifications. In particular, the FMCSA is seeking comments and considering amending requirements in these five areas:

  • Applicability of ELDs to pre-2000 engines;
  • ELD malfunctions;
  • The process for removing ELD products from the FMCSA’s list of certified devices;
  • ELD technical specifications; and
  • ELD certification.

Important Dates Sept. 16, 2019 The FMCSA published an advance notice of proposed rule-making to solicit comments on current ELD requirements. Nov. 15, 2022 Deadline for submitting comments. The FMCSA is seeking comments for ELD revisions to streamline and improve clarity of regulatory text and technical specifications.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2022 Zywave, Inc. All rights reserved.

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