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DOT: ‘Confounding factors’ hindering safety analysis of ELD mandate

Report to Congress cites HOS exemptions, drug clearinghouse as challenges

Recent events are inhibiting regulator's ability to assess ELDs. (Photo: Jim Allen/FreightWaves)

WASHINGTON — The Biden administration has acknowledged that it cannot confirm whether or not the ELD mandate is improving safety.

That acknowledgement came in the “Electronic Logging Devices Oversight Report,” submitted this week by Transportation Secretary Pete Buttigieg as required by the Infrastructure Investment and Jobs Act signed into law in 2021.

In addition to analyzing the cost and effectiveness of the mandate, the report is required to show how the Federal Motor Carrier Safety Administration, which oversees ELD enforcement, reviews ELD driver logs and protects truck drivers’ personally identifiable information, as well as explain how drivers can challenge ELD violations issued by FMCSA.

Early comparisons show the ELD mandate has been effective in reducing hours-of-service (HOS) violations, but recent events are challenging regulators to fully assess the mandate’s safety impacts, according to the report.

For example, the report notes that during the two-year period from the initial compliance date of December 18, 2017, to the full compliance phase that began Dec. 17, 2019, adherence by truckers to daily and weekly HOS limits improved.

Specifically, 1.19% of driver inspections cited at least one HOS violation in December 2017. By December 2021, that percentage had decreased to approximately 0.77%. “Increased compliance with the HOS rules reduces the risks of fatigue-related crashes attributable, in whole or in part, to patterns of violations of the HOS rules,” the report asserted.


However, more recently, “multiple events” have affected the use of ELDs, as well as safety and HOS enforcement.

“Such factors include the September 2020 implementation of new HOS regulations, HOS exemptions issued in response to the COVID-19 pandemic (which suspended HOS rules for carriers transporting specified commodities in support of relief efforts during the pandemic), and the implementation of FMCSA’s Drug and Alcohol Clearinghouse,” the report states.

“These confounding factors have increased the challenges relating to any further analysis of the ELD mandate, making it difficult to tease out their individual safety impacts.”

Safety concerns post-mandate

Last month the FMCSA declined to comment on whether the rule has improved safety, although recent data compiled by the agency revealed that the percentage of drivers with speeding violations slightly increased from 4.45% in 2018 to 5.07% through 2023.

In addition, fatal crashes involving a large truck increased by 5.4% from 2016 to 2020, according to the most recent federal data, with the rate seeing a “crisis” level 13% increase between 2020 and 2021, according to the National Highway Traffic Safety Administration. And a 2019 study found that unsafe driving activities increased as a result of ELD enforcement.

Time savings as benefit

The report outlines several positive outcomes of the mandate, pointing out that ELD data transfer helps carriers by making it faster and easier to store and provide documentation required during a safety investigation. ELDs also make it easier for FMCSA and state enforcement agencies to identify records that have been falsified and to take action on them.

“Due to the efficiency of using ELDs to review HOS, safety officials spend less time reviewing RODS [records of duty status], freeing them up to focus on other safety and enforcement matters,” the report states.

It also contends that the anti-harassment provisions of the ELD rule — and ELDs themselves — “improve safety and help prevent harassment of drivers by making it difficult for drivers and carriers to falsify drivers’ duty status, or force drivers to drive while fatigued or over hours, resulting in fewer violations of the HOS rules.”

Also, the report states that drivers have reported ELDs have prevented dispatchers from “encouraging or forcing them to commit HOS violations” and that drivers paid by the mile — the majority of over-the-road drivers — say improved documentation that comes with ELDs helps reduce paycheck errors.

Costs align with estimates

When the 500-page final rule was issued in December 2015, FMCSA estimated several costs associated with it, including the cost to purchase ELDs and the cost savings that would come from using them.

“To date, FMCSA’s knowledge of ELD costs and benefits aligns with these estimates,” according to the report.

It notes that ELD costs “vary greatly by provider, type of device, service options, and whether additional fleet management capabilities, beyond the ELD functionality required by the regulations, are included. At the low end of the cost spectrum, some devices are available at no initial cost to motor carriers and require a low-cost monthly subscription (a few dollars per month), while others can be purchased outright and require no subscription for a basic ELD with minimal functionality.”

The final rule estimated the annual cost for ELDs that use cellular telematics (the ability to transfer HOS data remotely) to be $419. For ELDs that rely on local transfer (through Bluetooth, for example) the annual cost was estimated to be $166 due to their limited functionality, rather than reduced manufacturing or component costs.

Reduced paperwork and recordkeeping burdens associated with ELDs had been estimated at $809 in annual paperwork savings per driver.

‘A+’ for security

The report outlines steps that FMCSA has taken to ensure that proprietary ELD information it receives is kept secure and private.

It states that the agency’s ELD Submission Web service received an “A+” grade from the Qualys Secure Sockets Layer Labs SSL server test, “which performs a deep analysis of the configuration of SSL web servers on the internet.” The test was last conducted the week of Feb. 21, 2022.

The report also outlines steps carriers and drivers can take if they believe certain ELD data is incomplete or incorrect by initiating a review using FMCSA’s DataQ web system. It notes, however, that FMCSA cannot correct information associated with ELD records stored in a carrier’s information systems. “A driver would need to work with their motor carrier employer to correct any discrepancies in the motor carrier’s system.”

Click for more FreightWaves articles by John Gallagher.

12 Comments

  1. 🇺🇸 CARLOS🇺🇸

    ⚠️ DATA Proves that increase compliance with HOS equals increased crash rate on the highways⚠️🔥☠️🔥 The ELD has dramatically LOWERED capacity of the supply chain AND dramatically INCREASED chance of severe injury or death 🤬 RESCIND THIS DEADLY LAW NOW ⚠️

  2. [email protected]

    Eld’s are the cause of accidents,
    Less driver pay,
    But most importantly, keeps the driver away from there family longer than needed, because of all the waiting at fuel stops, warehouses and traffic, killing the clock. So you can’t just drive and sleep according to how your body works, but to how the eld works.

  3. Jim

    Not sure how having lower HOS violations is better than the increase in traffic accidents, ELD’s may have stopped about 20% of the trucking population from running that could run and likely didn’t have accidents to having about 50% of the trucking population run that can’t run and are now having accidents and I am not saying that they can’t drive but they just can’t take the pressure of rushing, sometimes it’s nice to be able to take a nap during the day and not have to worry about rushing all day to get to where you want or need to be for the sake of an hour or two,leave the driving to the professional drivers that they are!

  4. Illegal ELD

    See articles here about ghost codrivers and other illegal ELDs. This is why ELDs are not working – if laws were enforced and illegal ELDs prosecuted, we would have little to no accidents. Laws are good. Enforcement is nonexistent.

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.