The industry has been living under the Electronic Logging Devices (ELDs) mandate in the United States since December 16, 2019. The permissive phase-in of the rules started two years earlier, and the concept of electronic capture of driver hours of service goes back even further, dating back (for some) to the days of AOBRDs. What have we learned since the mandate, and what issues lie ahead? 

As of this writing, there are 1,034 ELD self-certified ELDs on FMCSA’s registry. There are also 266 that are identified as having been revoked. These revocations can either be through (most often) self-revocation or based on FMCSA enforcement action. With this number of devices in the market, it makes one wonder as to the veracity and compliance posture of all these devices. Over the last several years, STC has witnessed FMCSA ramping of its oversight on the ELD provider community. This, in part, has been precipitated by enforcement becoming more comfortable and knowledgeable in reviewing ELD records, and in particular, identifying falsification like that associated with the abuse of special driving categories like personal conveyance and yard moves. While we have seen falsification creep up the violation list, we have seen fewer actual hours of service limitation violations direction since the ELD mandate went into effect.  

FMCSA’s rulemaking docket includes a planned NPRM this summer on revisions to the ELD regulations and technical specifications. Whether they get around to it is an outstanding question, particularly in the current deregulatory environment. Canada, which has had their own ELD mandate in effect since 2021, has already decided to update its ELD Technical Standards and is in currently in the process of making recommended changes sometime (most likely) this year. 

In comparison to the 1,034 US self-certified ELDs, Canada has 106 Certified ELDs. Their certification model is different, with each device having to go through an independent 3rd Party Certification Process conducted by an organization accredited by the Standards Council of Canada.  

STC has a lot of experience working in the regulatory and enforcement environment in both the US and Canada, and in particular with ELDs. Given the current state of play in both countries and each looking to make regulatory and technical specification changes, it is our sincere hope that both countries will collaborate on a set of standards and requirements that are consistent and in harmony with each other, as well as reciprocal. We already have enough differences in motor carrier rules between both countries. Adding additional regulatory divergence on ELD suppliers will only add to the confusion, complexity, and cost for both the suppliers as well as for carriers and enforcement personnel.  

One key consideration should be to establish a 3rd Party ELD Certification Program in the US that is reciprocal with Canada. This will help cull the list of less scrupulous ELD providers. Unfortunately, there are some ELD suppliers in the US who should not be in the business, and both the bar to entry and to remain, need to be raised through a more rigorous ELD certification program in the US that also has reciprocity with Canada. This will improve the quality of ELDs on the market and save some of FMCSA’s scarce enforcement resources, as well as providing more confidence to industry that they are purchasing a compliant product.