NOVEMBER 11, 2019 UPDATE

NEW PETITION DIRECTLY TO THE WHITE HOUSE​

SIGN HERE.

OCTOBER 23, 2019 UPDATE

The USDOT Published new data yesterday that show large truck fatalities went up by at least 0.9% in 2018 and at least 4.9% in 2017 nullifying FMCSA's claims ELDs would save 26 lives per year. SBTC has petitioned Congress today to suspend the ELD rule and direct FMCSA to research unintended consequences such as speeding and develop a bona fide ELD certification program to vet out devices that do not have proper anti-hacking encryption that could jeopardize NATIONAL SECURITY.

Subject: FMCSA's Failure to adhere to 49 CFR Appendix A to Subpart B of Part 395, Functional Specifications for All Electronic Logging Devices (ELDs)

Dear FMCSA:

As you know, FMCSA committed during rulemaking to making certain ELD-related information readily available to the industry and public online without the need for filing Freedom of Information Act or other data requests.

See: 49 CFR Appendix A to Subpart B of Part 395, Functional Specifications for All Electronic Logging Devices (ELDs)

5.3. Publicly Available Information
Except for the information listed under paragraphs 5.1.1(b)(2), (4), and (5) and 5.2.1(b)(9) of this appendix, FMCSA will make the information in sections 5.1 .1 and 5.2.1 for each certified ELD publicly available on a Web site to allow motor carriers to determine which products have been properly registered and certified as ELDs compliant with this appendix (emphasis added).

We note 5.1.1. states:

5.1.1. Registering Online
(a) An ELD provider developing an ELD technology must register online at a secure FMCSA Web site where the ELD provider can securely certify that its ELD is compliant with this appendix.
(b) Provider's registration must include the following information:
(1) Company name of the technology provider/manufacturer.
(2) Name of an individual authorized by the provider to verify that the ELD is compliant with this appendix and to certify it under section 5.2 of this appendix.
(3) Address of the registrant.
(4) Email address of the registrant.
(5) Telephone number of the registrant.

And 5.2.1 states:

5.2.1. Online Certification
(a) An ELD provider registered online as described in section 5.1 .1 of this appendix must disclose the information in paragraph (b) of this section about each ELD model and version and certify that the particular ELD is compliant with the requirements of this appendix.
(b) The online process will only allow a provider to complete certification if the provider successfully discloses all of the following required information:
(1) Name of the product.
(2) Model number of the product.
(3) Software version of the product.
(4) An ELD identifier, uniquely identifying the certified model and version of the ELD, assigned by the ELD provider in accordance with section 7.1 5 of this appendix.
(5) Picture and/or screen shot of the product.
(6) User's manual describing how to operate the ELD.
(7) Description of the supported and certified data transfer mechanisms and step-by-step instructions for a driver to produce and transfer the ELD records to an authorized safety official.
(8) Summary description of ELD malfunctions.
(9) Procedure to validate an ELD authentication value as described in section 7.1 4 of this appendix.
(10) Certifying statement describing how the product was tested to comply with FMCSA regulations.

We note FMCSA has published in furtherance thereof a page at https://csa.fmcsa.dot.gov/ELD/List which covers the following items:

(1) Name of the product.
(2) Model number of the product.
(3) Software version of the product.
(4) An ELD identifier, uniquely identifying the certified model and version of the ELD, assigned by the ELD provider in accordance with section 7.1 5 of this appendix.
(5) Picture and/or screen shot of the product. 

and

(1) Company name of the technology provider/manufacturer.
(4) Email address of the registrant.
(5) Telephone number of the registrant.

The following seven data columns are required to be published on the website but appear to have been omitted by FMCSA:

Name of an individual authorized by the provider to verify that the ELD is compliant with this appendix and to certify it under section 5.2 of this appendix.

Address of the registrant.

User's manual describing how to operate the ELD.

Description of the supported and certified data transfer mechanisms and step-by-step instructions for a driver to produce and transfer the ELD records to an authorized safety official.

Summary description of ELD malfunctions.

Procedure to validate an ELD authentication value as described in section 7.1 4 of this appendix.

Certifying statement describing how the product was tested to comply with FMCSA regulations.

Last week, we advised FMCSA that certain ELD manufacturers were misleading the industry to believe that their ELD products were "FMCSA-Certified" when the Small Business in Transportation Coalition ("SBTC") & FMCSA both know this not to be true because of FMCSA's "self certification" policy.

Since FMCSA has not adhered to its promise to publish the missing information above for over eight months since the ELD rule took effect last December, FMCSA has not enabled the industry to properly vet ELD products made available by ELD manufacturers, including being aware of very important information like a "summary description of malfunctions." Without this due notice, FMCSA has therefore not properly implemented the ELD rule.

For this reason, I hereby support the SBTC's request that the ELD rule be immediately suspended.

 Follow us on Twitter: @theSBTC and the SBTC Executive Director @RealJamesLamb