On February 15, the FMCSA issued a statement regarding the use of Automatic Onboard Recording Devices (AOBRDS) in commercial vehicles that could impact the way carriers implement these devices before they are forced to move to the compliant ELDs. While the language in the final rule pertaining to AOBRDS remains the same in that those carries with AOBRDs receive a two-year extension to implement ELDs, the FMCSA has clarified that these AOBRDS, which will be “grandfathered” in, can no longer be purchased for a vehicle after the ELD implementation deadline of December 18, 2017.
Specifically, the FMCSA has clarified that a carrier that uses AOBRDS cannot install these AOBRDS in a new truck unless that new truck is replacing an old truck. This allows carriers to transfer AOBRDS from one truck to another, but effectively disallows the purchase of new AOBRDS. For carriers that use AOBRDS, it is imperative that any device purchased after the initial December 2017 deadline be certified as an ELD. At the very least, carriers should use the link provided below to check to see if the device they are considering purchasing has been self-certified with the FMCSA by the manufacturer as a compliant ELD.
If you have any questions regarding your company’s compliance with the ELD rule, please do not hesitate to contact a member of our transportation law team.
Please see the link to the list of self-certified ELD manufacturers here: https://csa.fmcsa.dot.gov/ELD/List