The Federal Motor Carrier Safety Administration has granted an exemption from electronic logging devices for drivers of property-carrying commercial motor vehicles (CMVs) rented for eight or fewer days. The action represents a partial grant of a request by the Truck Renting and Leasing Association Inc. (TRALA) for an exemption on vehicles rented for 30 or fewer days. TRALA had argued that due to the significant number of different device platforms and subscription options, it is highly unlikely that a driver's device would be able to communicate properly with the rental company's telematics platform. The group was concerned not only about technical issues but also about liability for data.
FMCSA said that the requested exemption of up to 30 days "is unnecessarily long given the importance of ELDs to ensure the accuracy of HOS records." However, an exemption period of up to eight days "would give most carriers sufficient time to repair or replace their usual vehicles while minimizing any temptation to extend non-ELD operations," the agency said. It noted that the eight-day exemption allowing use of paper records of duty status (RODS) coincides with 49 CFR 395.34(d), which provides that a carrier receiving or discovering information about an ELD malfunction must correct it within eight days.
FMCSA is requiring that a copy of the rental agreement be carried on the vehicle and be made available to law enforcement. Also, a driver must have copies of RODS for the current and prior 7 days, if required on those days. Carriers operating under the exemption must notify FMCSA within five business days of any recordable accident involving any of the carriers' drivers operating under the exemption.
For the Federal Register notice, visit https://www.federalregister.gov/d/2017-21892.