3 Enforcement CVSA Updates ELD Inspection Bulletin… For The Benefit of All During the first week of April 2018, CVSA staff learned that some The primary method to verify a driver’s hours-of-service is electronic inspectors did not fully understand when they should place a driver data transfer. out-of-service if the driver’s ELD failed to electronically transfer ► Telematics (web services and email); or the hours-of-service record during an inspection. One of the main ► Local (USB and Bluetooth) reasons for the lack of certainty on the part of some roadside inspectors was language or, maybe better described as lack of If the data transfer does not work, use the display screen of the ELD language, in CVSA’s w“ELD Inspection Bulletin.” CVSA finalized that or a print out from the ELD to verify the driver’s hours of service. Bulletin in December 2017, and widely distributed it to the 12,000+ inspectors in North America at that time. Note: Retrieve instruction manual/ instruction sheets from the driver or the FMCSA ELD registration list describing the ERODS Under the “Electronic Data Transfer” section, there was only transfer process.” one sentence that briefly described the electronic data transfer requirement in FMCSA’s rules. This sentence, and the lack of Three final thoughts about this recent CVSA action: understanding of it by some inspectors, likely resulted in some 1. It demonstrates the value of CVSA, and sheds light on its ability drivers being placed out-of-service in early April, even when there to gather information on enforcement-related issues and was a good reason for an electronic data transfer failure (e.g., there address them in a timely fashion; was no network available at the location). 2. It should result in greater inspector awareness and more To their credit, CVSA staff realized that clarifying language was uniform enforcement of the ELD mandate throughout North needed in the Bulletin, and brought it to the attention of the America; and, membership at the Portland conference. A small committee was 3. The updated Bulletin can be used as a training tool by carriers quickly assembled on-site to draft additional, clarifying language to further educate drivers on the ELD data transfer process, and for the Bulletin, which was then approved by the committee of under what circumstances an out-of-service order will issued. jurisdiction, followed by a favorable vote of the CVSA Board on April 13, 2018. The ELD Inspection Bulletin now contains the following, For more information from the CVSA, you can access the updated more comprehensive language designed to provide more clarity on “ELD Inspection Bulletin” here. when a driver should be placed out-of-service for failing to produce an ELD hours-of-service record: “ELD Inspection Guidance” If a driver cannot produce hours of service records using any of the options described below, and the device is not in an active malfunction, the driver shall be placed out of service for no record of duty status. See footnote 12 in the CVSA out of service criteria before citing or placing a driver out of service. 12