ELD mandate’s anti-harassment provisions and when they take effect
- See more at: http://www.ccjdigital.com/eld-manda...466b2c5785e539d1cda3c973#sthash.7ToSis4b.dpuf
"...the harassment safeguards don’t necessarily take effect on the Dec. 18, 2017, ELD compliance date. They instead take effect when use of an ELD begins, even if that’s before the December 2017 compliance date.
In plain language, what the two mean is carriers are prohibited from using a logging device or information received from a logging device to push a truck operator to drive when he or she is out of hours, tired or sick or when the driver does not think he or she can safely operate due to weather or road conditions.
For a carrier to be assessed a penalty, the driver in question must commit an “underlying” hours of service violation, the rule says. If no hours regulations are broken, however, the agency could pursue penalties against the carrier under the broader anti-coercion rule published by FMCSA in November — if an investigation shows the carrier also violated the coercion rule.
Harassment instances may also see enforcement intervention from the Occupational Safety and Health Administration, under the Department of Labor, which can pursue separate action from FMCSA."
- See more at: http://www.ccjdigital.com/eld-manda...466b2c5785e539d1cda3c973#sthash.7ToSis4b.dpuf
"...the harassment safeguards don’t necessarily take effect on the Dec. 18, 2017, ELD compliance date. They instead take effect when use of an ELD begins, even if that’s before the December 2017 compliance date.
In plain language, what the two mean is carriers are prohibited from using a logging device or information received from a logging device to push a truck operator to drive when he or she is out of hours, tired or sick or when the driver does not think he or she can safely operate due to weather or road conditions.
For a carrier to be assessed a penalty, the driver in question must commit an “underlying” hours of service violation, the rule says. If no hours regulations are broken, however, the agency could pursue penalties against the carrier under the broader anti-coercion rule published by FMCSA in November — if an investigation shows the carrier also violated the coercion rule.
Harassment instances may also see enforcement intervention from the Occupational Safety and Health Administration, under the Department of Labor, which can pursue separate action from FMCSA."