Scopelitis
There has been recent news about increased enforcement related to ELDs, highlighting fraudulent activities that are being uncovered in the field by enforcement. Additionally, an increasing number of false logs are being cited roadside, and for the first time since STC can remember, driver Out-Of-Service (OOS) rates are eclipsing the seven percent mark thus far in 2025. What is leading to this increase in violations and fraud, and what is being done about it?
At a recent CVSA Workshop, its Driver Committee had a spirited discussion on the topic of ELD fraud and tampering. As a part of the discussion, Oregon enforcement personnel made a presentation of some of the fraudulent ELD activities they have uncovered in their investigative work. The committee discussion that ensued noted that in some cases, drivers, carriers, and third-party service providers are fabricating Hours of Service (HOS) records to show an ELD file with no HOS violations, and in many cases, even falsifying electronic supporting documents to match the ELD file. In some cases, entire days are being manipulated, making it impossible for inspectors to determine when actual driving or rest periods occurred.
These discussions have resulted in CVSA taking two actions:
- Developing an inspection bulletin for roadside inspectors that explains the difference between a typical false entry in a record of duty status, such as a driver claiming off-duty time while fueling their vehicle, and an ELD file that has been manipulated; and
- Adding a section to the North American Out of Service Criteria related to ELD tampering that will go into effect in April 2026.
In addition, the NTSB recently brought this issue to light with the release of a report from a 2022 fatal crash in Williamsburg, Virginia. The NTSB determined that the truck driver’s crash was due to fatigue from excess driving time and lack of sleep opportunity. They found the motor carrier had created fictitious driver accounts (often referred to as ghost drivers) for its’ ELDs that allowed drivers to exceed federal hours-of-service regulations. STC covered the details in this case in a recent TrueNorth Truck Thought podcast with Shawn Currie from the NTSB.
For its part, FMCSA has ramped up its efforts to combat and support ELD enforcement. They continue to revoke ELD providers’ certifications and have several ongoing investigations into ELD providers that are not complying with the rules. The FMCSA ELD registry currently has 1,025 devices registered.
The hours-of-service regulations are central to safety and are directly related to a motor carrier’s bottom line. They are under constant scrutiny as a result. So, when the economic environment is difficult for trucking, as it has been for the last two years or so, it stands to reason that some motor carriers may elect to circumvent HOS rules to enable them to move more freight. Additionally, when freight rates skyrocketed during the COVID-19 freight rebound, there was a surge in new motor carriers entering the business, attracted by the higher rates, with most being small or one-truck operators. However, since that surge, rates have fallen significantly, making things more difficult for many motor carriers. Unfortunately, as rates fall, the pressure to find creative ways to run more miles or deliver more freight increases.
These circumstances, along with enforcement becoming smarter and more resourceful at detection, are leading to an uptick in HOS violations, falsification, and fraud. This increase in enforcement activity is leading to more FMCSA certification revocations of non-compliant ELDs. In fact, to date, FMCSA has revoked the certifications of 59 ELDs. As many of our friends are aware, STC dedicates a significant amount of time to collaborating with motor carriers and ELD providers on Hours of Service and ELD regulatory compliance. We have direct knowledge and experience with what is happening both with industry and enforcement. This uptick in fraudulent activity and this experience tell us to remind ELD customers:“buyer beware.”
What remains to be seen is how the government will choose to address these issues. In Canada, they are revising their ELD Technical Standards based on their experiences with ELDs to date. In its recently published Unified Agenda, the FMCSA has an NPRM on ELD Revisions scheduled to be released in May 2026. STC is aware that the Canadian authorities and FMCSA are discussing this, and the question remains whether the US will follow the Canadian lead and establish an ELD Certification Program and harmonized standards, or if it will take a different route. FMCSA also recently announced it will be launching two pilot programs that will explore potential modifications to the HOS rules to include examining the impacts of adjusting the sleeper berth splits or pauses to the 14-hour clock. So, we have a bit of a conflict brewing here, with the Agency trying to balance the industry’s need for flexibility while also cracking down on problem actors. Hopefully, the end result will be a win for safety.
