The research says that the ELD mandate does not currently improve safety – this is according to Alex Scott of Northeastern University, Andre Balthop of the University of Arkansas, and Jason Miller of Michigan State University.
Alex Scott led a team that evaluated inspection and crash data from the FMCSA. The research shows that the widespread adoption of ELDs had no measurable impact on the number of accidents. In that same 2 year timeframe, Hours of Service violations decreased by 51.7%.
Unsafe driving infractions have increased for small carriers and owner operators.
“Our research also provides another example of how policy
interventions are fraught with uncertainty in complex systems with many
interconnections and possible feedbacks,” the report states.
These offsetting results, the researchers say, could have been
predicted. The authors found that even before the ELD mandate, drivers
were heavily incentivized to avoid accidents, and this didn’t change
after the ELD mandate. The ELD mandate was designed to reduce driver
fatigue, a cause of some accidents, but it failed to encourage other safe driving behaviors, and may have actually increased unsafe driving behaviors.
“Given the legal liabilities involved with being in a crash when
outside hours-of-service limits, drivers are incentivized to be extra
cautious when driving beyond limits. The ELD mandate has not done much
to change the driver calculus in this respect, and so it is perhaps not
surprising that we fail to uncover significant accident reductions,” the
paper concludes.
Read the research paper in its entirety here; https://jbatelematics.com/didtheelectronicloggingdevicemandatereduceaccidents/
You’ve installed an Electronic Logging Device (ELD) that you think best fit your needs. Maybe you wanted low cost. Maybe you wanted to leverage your drivers’ phones. Maybe you saw some cool feature. We are now a year in to this new ELD mandate. Perhaps you’ve seen no change. Compliance is the same but the administration seems to takes more time. Safety is the same. Dispatch is the same. Costs are higher.
You are not alone. We now know that in spite of the increased Hours of Service compliance with mandatory ELDs, accident rates are trending in the wrong direction.
You’ve checked the box for “ELD compliance”. Now let’s consider what comes next.
Fleet technology is nothing new. I’ve been involved in fleet technology since 1988, and there were those before me. Rockwell International started the movement in 1978 when they presented a National Academy of Sciences paper on a new device called a Tripmaster. By 1981, telematics was a product – even if it wasn’t called that. If you read “The Long Haul to Success” by JB Hunt, he credits this technology with growing his business. He took advantage of the chaos in the wake of the 1980’s deregulation environment. He found a way to cut costs and create predictability in his operations. I was there, as an owner-operator that lost business to JB Hunt. Once I figured out why I was losing my good loads, I decided to change careers and join the new telematics movement.
Can you do the same thing today? We have a disrupted environment. ELDs have changed operations more than expected. Good drivers are hard to find. Is this an opportunity or a reason to hunker down and pretend it’s all OK?
With the right information, it’s not as difficult as you might think to improve your operations. One of my clients and good friends looked at a long haul route from the east cost to the midwest. Drivers were driving as fast as the trucks would allow – 70 MPH. They were stopping for fuel, stopping again for breaks, and taking long breaks when they stopped. He incentivized his drivers to slow down 10 MPH and added approved fuel stops as part of their digital route – building in rest time at each fuel stop. The result was an increase of 1 MPG, and an increase in on time deliveries.
Let’s discuss how the right technology can give you good information. Some areas to look at for return on investment;
Fuel. Alternative fuels are not just about being green or pure fuel cost per mile – although both are important. It’s also about down time. Many of our customers report lower maintenance costs with the absence of diesel engines’ aftertreatment systems. How do you measure down time? What is the impact on your operations in terms of time and miles when a truck goes down?
Fuel consumption. Even with lower fuel costs, the 2018 ATRI report tells us fuel costs are 22% of an average fleet’s total operational costs. Even in today’s electronic trucks, the ATA’s Technology and Maintenance Council tells us a driver can affect fuel economy by up to 35% based in his or her driving habits.
- Efficient Routing. ATRI (the American Transportation Research Institute) tells us the average trucking fleet burns 15% of their fuel traveling out of route.
- Engine idle. The Argonne National Laboratory tells us that the average truck wastes 1830 gallons of diesel annually idling, an average of 6 hours a day. This 6 hours of idle equals 42 miles of engine wear, and contributes $4.41/day to engine overhaul costs. The average diesel engine pulling 10 HP in accessories at 800 RPM burns 1 gallon per hour.
- Speed control. Every 1 MPH in excess of 55 MPH increases fuel consumption 2.2%.
- Rapid accelerations and decelerations. It takes energy measured in BTUs to accelerate. This energy is scrubbed off as heat every time the brakes are applied. Efficient drivers are gentle on both acceleration and deceleration.
- The productivity costs of slowing down your fleet is not linear. An ATA study tells us that slowing your trucks allowed top speed by 10 MPH only results in a 7 MPH decrease in average speed.
Environmental. Idling trucks in the US emit annually an estimated 10 million tons of CO2, 50,000 tons of NOX, and 2000 tons of particulates. Plus – more fuel equals more emissions. Increase fuel efficiency, decrease emissions. A 10 MPH average speed decrease results in an 18% decrease in NOX emissions.
Routing and Dispatching. Routing and dispatching must be joined. Planning is great, but not if the drivers don’t know about it. Great dispatch is good – but what if the drivers are not given the best plan? Do you need all those trucks? Are you keeping your customers happy, while minimizing time and distance. Are you staying on time, minimizing out of route stops?
- We estimate the average fleet has 15% more trucks than needed on a daily basis. The costs of owning a truck contribute up to 40% of overall operating costs for a fleet.
- Efficient routing and dispatching maximizes your drivers’ productive time. Help your drivers plan and maximize their 13.5 hour workday.
- Efficient and predictable dispatch keeps drivers happy, and reduces turnover. The more drivers’ schedules are flipped, less quality rest.
Maintenance. Vehicle maintenance costs are directly correlated to speed. When increasing average speed from 55 MPH to 65 MPH;
- Tire wear increases 5% – 16%, depending on GVW.
- Engine time to overhaul decreases 10% – 15%.
- 15% increase in oil consumption.
- 15% decrease in brake life.
Safety. It is hard to measure the savings of accidents that you don’t have. But it is clear that efficient operations improve safety. Minimizing unnecessary time and distance on the road also reduces exposure. Driving for fuel efficiency is also safe driving. Efficient and predictable dispatch increases rest and improves morale. When you start to monitor drivers’ top speed, they can sometimes try to make it up in towns and construction zones. Measuring actual speed versus posted speed limits lets you know how your trucks are being operated when lots of eyes are on your vehicles. Event Analysis can help defend your drivers and your company if an incident does happen.
What are your thoughts? Looking for the right technology for your fleet? Let me know.
- May a driver, who drops his or her last load at a receiver’s facility use personal conveyance to return to their normal work location (i.e. home or terminal)?
No. Returning home or to the terminal from a dispatched trip is a continuation of the trip, and therefore cannot be considered personal conveyance.
- The guidance allows for “authorized use of a CMV to travel home after working at an offsite location.” What is meant by the term “offsite” when used in this context?
The term refers to a location, other than a carrier’s terminal or a shipper’s or receiver’s facility, where a driver works for a temporary period for a particular job. Specifically, this term is intended for construction and utility companies that set up base camps near a major job and operate from there for days or weeks at a time. These remote locations are considered “offsite” locations. Therefore, travel between home and that offsite location is considered commuting time, and qualifies as personal conveyance.
- Is personal conveyance treated any differently when the driver is hauling hazardous materials?
No. There is no restriction on personal conveyance regarding hazardous materials transportation, provided that the driver complies with provisions of 49 CFR parts 177 and 397.
- Can a driver who claims the short haul exception use personal conveyance?
Yes, there is no connection between personal conveyance and the short-haul exception. As always, off duty time does not extend the 12-hour duty time limitation.
- How is personal conveyance time calculated in the hours-of-service rules?
Time spent under personal conveyance is off duty time.
- May a driver use personal conveyance when they run out of available (driving/on-duty)
hours?
No, except for the one exception described in the guidance where a driver who runs out of hours while at a shipper’s or receiver’s facility may drive from that facility to a nearby, safe location to park, provided that the driver allows adequate time to obtain rest in accordance with daily minimum off-duty periods under the Hours of Service rules before beginning to drive. Personal conveyance is those times where a driver is operating solely for a non-business purpose and cannot be used to extend the duty day.
- Are there maximum distance time or distance limits for the use of personal conveyance?
No. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor vehicle while fatigued, continues to apply. Therefore, a driver must get adequate rest before returning to driving.
- I f a driver picks up the commercial motor vehicle from a repair facility once repairs are complete, would the driver be allowed to use personal conveyance to their residence from the repair shop?
No, travel for repair and maintenance work is being done in the furtherance of the business and is considered on duty time.
- Can a loaded vehicle be used as personal conveyance?
Yes. Determining personal conveyance is based on the nature of the movement, not whether the vehicle is laden.
- Can personal conveyance time be combined with other off-duty time to complete a 10 or 34-hour break?
Yes, since PC is off-duty time. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor vehicle while ill or fatigued continues to apply.
- Can a driver be inspected during personal conveyance? If so, what is the driver’s duty status during the inspection?
Yes. Since the driver is still subject to the FMCSRs, the driver or vehicle can be inspected. The driver’s duty status would be “on-duty, not driving” during the inspection.
by Deborah Lockridge
You can challenge citations you believe were in error – including ELDs – via FMCSA’s DataQs process.
Full enforcement of the electronic logging device mandate that went into effect April 1 will no doubt result in a great many fleets wanting to challenge incorrect citations and inspection reports. Filing DataQ challenges is something John Seidl, a former commercial vehicle enforcement official turned transportation and now vice president of risk services at Reliance Partners, does frequently.
One of the biggest areas of confusion at roadside inspections, Seidl says, is enforcement officials trying to hold automatic onboard recording devices (AOBRDs) to the same standards as the new ELD rule. AOBRDs are allowed to be used instead of ELDs under a grandfather clause up until December 2019, if fleets were using them before the 2017 ELD deadline. And the latest guidance allows a motor carrier that installed and required its drivers to use an AOBRD before Dec. 18, 2017, to install and use a new ELD-capable device that runs compliant AOBRD software until the December 2019 full compliance deadline.
The Federal Motor Carrier Safety Administration’s frequently asked questions on ELDs states that if you are operating a grandfathered AOBRD, “authorized safety officials will enforce … the requirements in 49 CFR 395.15 for ‘grandfathered’ AOBRDs,” while ELDs are to be enforced under the ELD regulations.
However, Seidl says, “there are many inspectors that are writing AOBRD devices up for ELD-related violations, thus prompting me to do a bazillion DataQs.”
One example? Data transfer. An AOBRD is not required to be able to transfer data to enforcement officials at roadside like ELDs are. “It doesn’t have the programming embedded in it, nor was it required to so; it is impossible to make an AOBRD transfer a data file…. You can’t make an AOBRD transfer a file that doesn’t exist.”
Even if it’s an ELD, FMCSA’s FAQs say the ELD will not be deemed non-compliant if the data cannot be sent electronically, if the driver can show either a printout or the actual ELD display of their RODS.
You can file Data Q challenges online at https://dataqs.fmcsa.dot.gov. Look for the Analyst Guide on this page for a how-to publication on Data Qs. But here are a few real-world tips from Seidl.
- Know the commercial vehicle regulations
Before you can challenge a citation, you need to understand the regulations. You probably have a copy of the green federal motor carrier safety regulations, Seidl says. But you’ll also want a copy of the Commercial Vehicle Safety Alliance’s out-of-service conditions guide, updated every April 1 – something he says many fleet safety people don’t even realize exists. “This lists every out of service condition. Every inspector has it, and that’s what determines whether you get put out of service or not.”
In fact, he says, he has won challenges not to the violation itself, but to being put out of service. “Say you are in violation – you screwed up. You agree you were in violation But you don’t agree you should have been placed out of service. Then you would use the CVSA out-of-service book.”
You can order a hard copy of the out-of-service guide or buy a downloadable PDF at www.cvsa.org; click on the “Store” tab.
Other regulations you need to have access to are the hazardous materials ones if you haul hazmat, and applicable state regulations.
- Provide supporting documentation
One of the common mistakes Siedl sees in DataQ challenges is failing to provide adequate supporting documentation.
“You can’t just write it up without having evidence,” he says. “You shouldn’t be disputing violations without evidence to the contrary. You can’t just write up a summary and hope it goes well.”
Part of that evidence, he says, can simply be citing the appropriate sections of the regulations (back to our first tip above), if you prove that why they wrote you up is contrary to the regulation.
“Always get a copy of the actual driver vehicle examination report,” Seidl says. Don’t just get a screen shot. On the inspection report are additional notes that won’t be on the online summary, which may help you direct your challenge. Your driver should give you the copy of the inspection report, but if they don’t, Seidl says, you can request a copy through the Data Q website.
- Challenge citations in court
“Many companies don’t know this, but if you get a citation and you take it to court, and they dismiss the ticket, that state is required to remove it from your CSA scores,” Seidl says. “If you get a citation and they reduce it to a lesser charge, the state is required to turn that violation in CSA into a 1-point CSA effect.”
So one key way to manage your CSA scores through Data Qs is to go to court. This is why in many cases, a ticket is actually better than a warning – because you can’t fight a warning in court.
“Are enforcement officials writing more or less tickets? They’re writing less, because if you fight it, you get rid of it,” Seidl says.
ELD Lessons Learned So Far, Part 2: Vendors
ELD Lessons Learned So Far, Part 1: Roadside
