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FMCSA said the legacy self-certification process fostered registration of noncompliant devices or re-registration of devices that had been revoked. (photovs/Getty Images)

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The is launching a “complete overhaul” of the certification process for electronic logging devices, introducing a tougher, multistep approval process that’s intended to clamp down on bad actors who critics allege abuse the long-standing self-certification process.

“By strengthening our review process for ELDs, we are ensuring the industry can rely on trusted equipment and that hardworking drivers are prioritizing their health and well-being so they are best prepared to keep driving America’s economy forward,” FMCSA Administrator Derek Barrs said in a . The agency described the changes as a total rework of the ELD vetting process.

Since December 2017, federal law has required most commercial truck drivers to track their hours of service with ELDs. Since February 2016, ELD suppliers have been permitted to self-certify and register devices with the agency.

FMCSA’s new ELD vetting process = fewer revocations, fewer replacements, & cost savings for carriers & drivers. 🚛✅ Read more at: . — FMCSA (@FMCSA)

Noncompliant Devices

FMCSA said the legacy self-certification process fostered registration of noncompliant devices or re-registration of devices that had been revoked, “leading to repeated revocations and costly, inconvenient replacements for carriers.”

The new vetting process will include:

• An initial review to verify contact information, technical specifications and device images.
• Fraud detection to cross-check new ELD applications against active, inactive, revoked and in-process lists.

Then, applications will be designated into one of four categories:

• Category 1: Approved.
• Category 2: Information requested.
• Category 3: Further review.
• Category 4: Denied for lacking required standards.

FMCSA provided no timeline for instituting the changes but said the new multistep vetting process will close a “loophole” and give carriers and drivers “greater peace of mind that the ELDs they purchase are accurate, reliable and compliant.”

Barrs said, “American families deserve to feel safe sharing a road with semi-trucks, and we want truck drivers to have the best tools to maximize those safety precautions.”

FMCSA issues public notices when it removes ELDs from its list of registered devices. Motor carriers typically have up to 60 days to replace a revoked ELD with a compliant one.

So far this year, FMCSA has removed 25 ELDs from its list due to providers’ failures to meet minimum federal requirements.

Third-Party Certification

Industry groups including and the have lobbied for an increased layer of scrutiny for ELD approvals via third-party certification to further prevent threats to highway safety via falsified HOS data.

“It’s fraud, but the fraud leads to serious safety issues,” said Brenna Lyles, ATA’s senior director of safety policy. “If drivers are looking for ways around hours of service and evading hours of service, that’s the core issue. The fraud is concerning, but the safety implications are really what’s at the forefront.”

Per CVSA, roadside inspectors nationwide are reporting new ELD falsification methods perpetrated by drivers, carriers and other third parties, making it difficult for them to accurately determine when drivers have recently taken federally mandated rest breaks.

“The falsifications are often many hours or days off from what actually occurred,” said Jeremy Disbrow, CVSA roadside inspection specialist. “For example, a fuel receipt and bill of lading may say the driver was in Fargo, N.D., on Jan. 1 at 11 a.m., but the record-of-duty status shows the driver picked up in Fargo on Dec. 30 and was in Santa Fe, N.M., on Jan. 1.”

While most commercial drivers are required to track HOS via ELDs, FMCSA allows exemptions for certain shorthaul operations and some older trucks.