ELD - Transfer of eRODS file - Guidance for citing 395.24(d)
| Entry Date | August 29, 2023 |
|---|---|
| Issue Number | 23-041-INFO |
| Name | Andrea Sequin |
| Agency | Schneider |
| Address | 911 Glory RdGreen Bay, WI, 54304United StatesMap It (opens in a new tab) |
| Phone | 9203576088 |
| [email protected] | |
| Committee | Information Systems Committee |
| Status | Closed |
| Summary of Issue | § 395.24 Driver responsibilities—In general. (d) Driver use of ELD. On request by an authorized safety official, a driver must produce and transfer from an ELD the driver's hours-of-service records in accordance with the instruction sheet provided by the motor carrier. Clarity is needed on when this violation should be issued. We are seeing cases where this violation is issued even when the ERODs records show the logs were in fact transmitted. |
| Justification or Need | Appropriate use of this violation code is important it tells the carrier when the actually ELD is having a technical issue vs. a driver issue. It also allows FMCSA to see which vendors are having the transmission violations issued against them on a regular basis and may need additional follow up with the ELD vendor. |
| Request for Action | Inspection bulletin clarifying this violation should only be issued if ERODs transmission does not occur at all. If the driver is struggling to send the ERODs then violation 395.15(i)(9). Driver not adequately trained in the operation of the automatic on-board recording device should be used. |