The List of Unapproved ELDs Keeps Growing—How Does This Affect Truck Accident Cases?

Electronic logging devices—referred to in the trucking industry as ELDs—are systems that connect to a commercial truck’s engine to record the time the truck is in operation. These systems are supposed to create an accurate log of the time that a driver has been “in service.” Because federal laws set strict limits on the hours a driver can operate, keeping an accurate log of those hours is critical.

But some ELD systems have not proven sufficiently accurate, so the Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, has effectively banned them. Electronic logging devices are required for the operation of many trucks and buses, so if a trucking company is using a banned device, that could have significant implications in a truck accident case.

Why ELDs Are So Important

To understand the importance of electronic logging devices, it is necessary to consider road safety and truck accidents. When heavy trucks like 18-wheelers collide with passenger vehicles, the injuries are often catastrophic. So the federal government has established a variety of regulations to prevent collisions and reduce the severity of injuries in crashes.

Recognizing that fatigued driving can be extremely dangerous and increase the likelihood of accidents, lawmakers established standards limiting the number of hours truck drivers can operate without taking adequate breaks. These are Hours of Service (HOS) regulations. The standards vary somewhat depending on the business and operating schedule. For instance, truck drivers carrying cargo are required to take a break of at least 30 minutes after 8 hours of driving, and they can only drive 11 hours total within a 14-hour period before they are required to take at least 10 hours off duty as rest time.

To ensure a driver is complying with requirements, the driver’s hours must be logged as time spent driving, on-duty but not driving, off-duty, and in the sleeper berth. Traditionally, driver hours were monitored using paper logs or timecards. However, now many commercial trucks and drivers are required to use electronic logging devices. The data is considered more reliable and less prone to error, reducing paperwork requirements for drivers. Presumably, it also reduces opportunities to falsify records and evade the limitations on hours of service.

How Electronic Logging Devices Operate

Electronic logging devices are hardware with integrated software that connects to a truck’s engine to measure and record data. The device measures when the engine is turned on and when the vehicle is moving. Drivers log into the system at the start of their shift and confirm their identity. Records are linked to a specific driver rather than the vehicle itself. 

The driver selects the initial status. Often, the driver will log in as “on duty not driving” because the start of the shift involves inspections that must be completed before driving. Once the truck starts to move, the ELD automatically records the driver’s change in status from “not driving” to “driving.” This automatic recordkeeping is one of the main reasons ELD use is required.

The ELD records the time movement started, the distance covered, and the duration of a journey. That information is associated with the driver’s status. If the truck stops and remains stopped for a period of time, the device may prompt the driver to confirm the status has changed (e.g., if the vehicle is stopped in traffic). 

It is generally the driver’s responsibility to update the status when a vehicle is stopped. If the truck is stopped for inspection, fueling, loading, or other work-related tasks, the driver would change the status to “on duty not driving.” If the driver takes a break, the status would be changed to “off duty” or “sleeper berth.” Drivers are usually able to edit their time entries while they are not driving, but those edits are recorded.

ELDs automatically calculate the hours a driver is available to drive, based on the rules that apply to the driving situation. There are different rules for drivers carrying passengers than for drivers carrying property cargo, and there are exemptions that apply on certain routes or in specific situations. The device is supposed to accurately track the driver’s remaining time and alert the driver when a break is required. If a driver violates the limits, the device will not stop the truck, but it will record the time, providing a record of the violation.

Problems with ELDs

Because ELDs are complex devices, hardware or software issues can cause them to operate improperly. The manufacturers of these devices are allowed to certify that they meet the requirements established by federal law. However, the FMCSA frequently revokes ELD certifications because they do not meet these specifications. There are currently well over 300 devices on the FMCSA’s “revoked” certification list.

If a truck accident involves a vehicle with a malfunctioning electronic logging device or one whose certification has been revoked, there is potential for hours-of-service violations that were not properly recorded. A trucking company could have allowed, or even encouraged, a driver to operate while fatigued and at greater risk of causing a collision. The presence of an ELD that was not validly certified or that was not operating at proficient levels could potentially make it easier to hold the trucking company liable for accident injuries. But it is important to take steps to secure information about the ELD as quickly as possible after an accident.

Time is Critical After a Truck Accident, So Contact an Attorney as Soon as Possible

Information recorded in an ELD can help establish liability for a truck accident and is essential to recovering compensation for pain, suffering, and other effects of the collision. But trucking companies are not going to hand over valuable information without a fight. It is important for accident victims to begin working right away with an attorney who understands how trucking companies operate.

At Searcy Denney Tallahassee, our experienced legal team is prepared to use legal tools to obtain and secure valuable data that the trucking companies don’t want you to have. The sooner we can begin working on a truck accident case, the more opportunities we have to gather and preserve vital evidence to establish liability and secure full compensation for your losses. If you or a loved one were injured in an accident involving a truck or another vehicle, schedule a free consultation with us today by calling 888-549-7011 or contacting us online.