New Violations in Place for ELD Mandate

eld mandate violation

As of April 1, 2018, the ELD mandate is in full effect. More importantly, so are the violations. Prior to this date, drivers and fleets were given somewhat of a grace period to adjust and get used to the new system. A violation might be given for not having an electronic logging device but it didn’t necessarily come with the typical penalties you might expect from other inspections.

Now that April is here, that has since changed dramatically. Not only are drivers and fleets expected to be in compliance with the ELD mandate, but there are new violations to go with it.

Note: This does not include trucks still using AOBRD systems until December 19 or ELD-exempt trucks.

No Retroactive Consequences

The good news for drivers and companies is that any violation given prior to April 1 will not have the new rules applied retroactively. You won’t need to worry about non-compliance between December 2017 and March 2018 being counted against you in the SMS. Consider it a learning curve and move forward to avoid future violations.

If you received an ELD violation before April 1 with any code other than 395.22(a), you might be able to have it removed. You can challenge these older ELD violations that were given a different violation code. You may be able to have the violation removed from the scoring system.

New ELD Violation Codes

That violations will now be included in the Hours of Service Compliance BASIC report is important to note. Another thing to be aware of, however, is the change in the violation codes themselves and the new severity weights associated with them. There are now new code variations for a 395.8(a) violation regarding not having a record of duty status or required logbook. These violations carry a 5 out of 10 severity weight which is a two point increase.

  • 8A-ELD: There is no logbook when an ELD is required.
  • 8A-NON-ELD: There is no logbook when an ELD is not required.
  • 8A1: The driver is not using an appropriate method to record hours of service.

While these violation code changes are important to note, these are not the only changes made. For a completely look at all the codes and to see exactly what’s new, the SMS Appendix A spreadsheet is available to download. Any violations received on or after April 1 will begin to show up in the HOS Compliance BASIC starting in May 2018.

If you have continued to off, hoping for a last minute reprieve from the ELD mandate, time is up. Any driver who should have an ELD and doesn’t will receive a violation, and those violations will add up quickly. Now is the time to get a fully compliant and certifiied ELD.

Gorilla Safety makes it quick, easy, and affordable. The installation is plug and play takes almost no time, and your drivers will be able to use the smartphone they’re already familiar with. The learning curve on a new ELD doesn’t have to be long or complicated, not if you get an ELD designed with you and your drivers in mind.

Contact Gorilla Safety today to learn more.


Leave a Reply