The EOBR Rule and Elogs

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The EOBR Rule and ElogsThis webcast will cover ...• NPTC Benchmark Data,• Regulatory Overview,• Wegman’s Transition to Elogs, and• Question & Answer

ModeratorDr. Gary Petty, President & CEO, NPTC

PanelistsTom Bray, Editor – Transportation Management,

J. J. Keller & Associates, Inc. Tom Moore, Vice President of Education, NPTCDavid Barth, Transportation Safety & Compliance

Manager, Wegmans Food Market

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Dr. Gary PettyPresident & CEO

National Private Truck Council


Introduction• NPTC Benchmark Data – Tom Moore• Regulatory Overview – Tom Bray• Wegman’s Transition to Elogs – David Barth• Housekeeping issues:

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webcast. Please use the Question feature to text questions to the Q&A Panelist. We’ll try to answer them during the Q&A period if they are not covered in the presentation.

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Gary Petty National Private Truck Council


Disclaimers• The content in this webcast is intended for

information purposes only and should not be construed as providing legal advice.

• This is an introductory course and is intended to highlight critical safety and compliance topics. Time constraints limit our ability to go in depth.



Tom Moore, CTPVice President of Education

National Private Truck Council


Future: “Universal Mandate” Proposal

• Proposed rule released February 1, 2011 Use of electronic on-board recorders (EOBRs) for nearly

all carriers Systematic HOS oversight Use and retention of supporting documents

• Interstate motor carriers that are presently required to use paper logs would be required to install EOBRs 3 years after Final Rule released—affects approximately 500,000 motor carriers

• Exemptions: 100 air-mile radius drivers (CDL) 150 air-mile radius drivers (non-CDL) Provided the driver qualifies for the use of the exception

5 or more of the last 7 days!

Tom MooreNational Private Truck Council


“Universal Mandate” Proposal Timeline

• Comment period extended to 5/23/2011• Next steps:

Comment review Possible rework of proposal, withdrawal, or proposal left unchanged If not withdrawn, published as final rule after review and rework

completed• Installation of devices would be required within 3 years of

effective date of Final Rule• Universal rule not likely to take effect until 2014 or 2015



No Change to EOBR Standards

• This rulemaking would not change EOBR standards in §395.16

• As of June 4, 2012, new electronic logging system must be an EOBR (AOBRDs can no longer be installed) This is due to present EOBR rules, not the universal mandate

proposal



NPTC Policy on EOBRs• Supports mandate for EOBRs for all interstate

carriers, with 3 caveats: Technology must be cost effective and accurate Must protect data ownership and access for

carriers and drivers Must eliminate all supporting document requirements



CSA Is Changing the Game:Most Common Driver Violations

• Log Violation: Form and Manner (228,737 violations, Severity 2)• Log not current (158,329 violations, Severity 5)• Speeding (153,052 violations, Severity 1 to 10)• Not in possession of medical certificate (130,715 violations, Severity 1)• Non-English speaking driver (88,488 violations, Severity 4)• Over 14 hours (84,804 violations, Severity 7)• Failing to use seat belt (71,493 violations, Severity 7)• Over 11 hours (47,629 violations, Severity 7)• False log (45,898 violations, Severity 7)• Expired medical examiner's certificate (41,785 violations, Severity 1)• Failure to obey traffic control device (39,121 violations, Severity 5)• No log when required (36,459 violations, Severity 5)• Failure to retain previous seven days (32,444 violations, Severity 5)




NPTC Benchmarking Survey:On-Board Technology Use


NPTC Benchmarking Survey: OBC Technology Usage



Roadmap Towards Successful Implementation

• Build a relationship• Educate team members• Sell the benefits• Make it their idea• Target key employees• Support integration internally• Be patient



Clear Communications• Know what you want and say so• Ask questions and LISTEN• Clarify assumptions• Provide the right tools



Tom BrayEditor, Transportation Management

J. J. Keller & Associates, Inc.


Two Separate Rulemakings• Final rule in place

“Remedial directive” regulations Technical standards for “EOBRs”

• “Universal mandate” proposal Nearly all commercial vehicles No change to technical requirements Portions of “remedial directive” rule still valid Supporting documents and “Hours of Service Management Control

System” requirements

Tom BrayJ. J. Keller &

Associates, Inc.


Present: EOBR Final Rule• Issued April 5, 2010• Effective June 4, 2010• Compliance date: June 4, 2012• 3 components: New performance standards:

§395.16 Appendix A to Part 395

“Remedial directive” = Mandate to install Incentives for voluntary adoption (§395.11)


Associates, Inc.


What is an EOBR?• Specifically defined in §395.16

Capable of automatic and accurate recording of HOS Device must be marked as compliant with §395.16

(“USDOT EOBR” on case) Must be “integrally synchronized” with the CMV to

determine driving Driver must be identified


Associates, Inc.



Location captured automatically at every duty change and once every 60 minutes (minimum) when moving—not driver entered

Capture must include location, date, and time Time must be accurate to within 10 minutes Notifies driver of failure Defaults to “on duty” after stationary for 5 minutes


Associates, Inc.



Changes and edits cannot replace original data and entries

Personal conveyance recorded BEFORE movement Driver warned 30 minutes before hitting HOS limit Driver certifies records as true and correct after review Power-on self tests recorded


Associates, Inc.



Communicate via USB and wireless “Flat file” format for download (no grid display

requirement) Accessible from outside the cab


Associates, Inc.


What is an EOBR?• Many/most devices today are NOT EOBRs (they are

Automatic Onboard Recording Devices or AOBRDs)!• AOBRDs to be phased out as they and the vehicles

they are in die after June 4, 2012• Some EOBR rules are similar to the existing

AOBRD rules (§395.15) Driver must have instruction sheet Driver must have spare logs (in case of failure) Submitting records certifies correctness (do not need to

“print a copy and sign it”)


Associates, Inc.


EOBR Remedial Directive• Remedial directive found in Part 385, Safety

Fitness Procedures EOBR remedial directive can result from audit

after June 4, 2012 Projected to impact 5,700 to 6,000 carriers

and 129,000 drivers


Associates, Inc.


EOBR Remedial Directive• “Threshold rate violation” discovered during

audit leads to: Proposed “unfit” rating EOBR remedial directive to get off of “Unfit” and

continue to operate• Auditor looks for 10% violation rate (threshold rate violation)

for any of 24 specific regulations (based on number of records checked)


Associates, Inc.


EOBR Remedial Directive• The 24 violations are found in the new Appendix

to Part 385. Below are the three categories under which all violations will fall:

Over-hours violations Falsifying or failing to complete logs Failing to submit or maintain logs


Associates, Inc.


EOBR Remedial Directive• If subjected to remedial directive

Carrier must install EOBRs in all CMVs and submit proof of installation

Different submission, recordkeeping, and device failure requirements

No supporting documents “break” Must comply with directive for 2 years


Associates, Inc.


Voluntary Use of EOBRs• Modified supporting documents requirements

No need to keep documents related to driving time• Different hours-of-service auditing and audit scoring

procedures Focused group selected first If over 10 percent violation rate found, random group pulled Random group used to calculate compliance rate, not focused group


Associates, Inc.


Supporting Documents• New policy, issued June 4, 2010• No longer “supporting documents”:

driver call-in records; international registration plan receipts; international fuel tax agreement receipts; trip permits; cash advance receipts; and driver fax reports (cover sheets).

• Added: toll billing receipts


Associates, Inc.


Supporting Documents• Not needed by those using paper logs and

certain comm. and/or tracking devices: Gate record receipts; Weigh/scale tickets; Port of entry receipts; Delivery receipts; Toll receipts; Agricultural inspection reports; Over/short and damage reports; Driver and vehicle examination

reports;

Traffic citations; Overweight/oversize

reports and citations; Carrier pros; Credit card receipts; Border Crossing Reports; Customs declarations; and Telephone billing

statements.


Associates, Inc.


Supporting Documents• Communication/tracking devices must:

communicate driver’s location 1x/hour be integrally synchronized be able to generate printed or electronic record showing

position history (vehicle ID, date, time, location reference points,latitude and longitude)


Associates, Inc.


David BarthTransportation Safety & Compliance Manager

Wegmans Food Market


Wegmans Fleet Operations• Fleet Stats:

432 Drivers 226 Tractors 25 million miles in 2010• Began as Rochester Fruit & Vegetable Company in

1916. Today, Wegmans has 12 Distribution Centers (NY & PA), 2 Manufacturing Centers (NY) and 77 Company Stores (NY, PA, NJ, VA, MD).

David BarthWegmans


Why Switch to EOBR’s?• CSA

Improve Fatigue BASIC • Greater control and accuracy

Exception based reporting• Reduced operating cost

Auditing functions greatly improved

David BarthWegmans


David BarthWegmans

EOBRs Improve Fatigue BASIC Performance


David BarthWegmans

Why? Because Most Fatigued Driving Violations are Clerical Error


Conversion Plan• Began with small team consisting of 15 drivers and

several supervisors/managers Classroom training with printed job aid Use the system and identify problem areas Open lines of communication

• Driver roll out by start time Used Steering Committee as driver trainers

David BarthWegmans


Lessons Learned• Change of this magnitude is often difficult--allow

enough time to fully support the drivers• Don’t underestimate the impact of computer illiteracy• Learning curve much greater for drivers operating wholly within

100 air miles• Supervisors need training in both back office and in cab system• Celebrate milestone events and make sure to share positive

results• Include a driver coaching and feedback loop in your ongoing

communication plan

David BarthWegmans


David BarthWegmans

Sortable Headings


David BarthWegmans

Duty Status Easily Identified


David BarthWegmans

Available Hours Easily Identified


David BarthWegmans

8-day Recap


David BarthWegmans

Driver Log


ROI• Paper Logs

$37,050 (Log Auditing) 5,200 (Log Books)$42,250

• Electronic Logs$3,900 (Log Auditing) 600 (Log Books)$4,500

• Other “returns”: Reduced driver time spent on completing paperwork Reduced driver time spent correcting errors Reduced fines/violations More accurate time accounting (15 to 1 min. increments)

David BarthWegmans


Driver FAQ’s• Are EOBR’s legal and recognized by the DOT?• What do I do if the system goes down?• How much latitude do I have… +/- 15 minutes like

paper logs?• When does driving start?• How can I print my logs?• Do my logs follow me if I change tractors?• What do I need to do for Daylight Savings Time?

David BarthWegmans


Question & Answer

Please submit questions to “Q&A” using the Q&A tool




Associates, Inc.

David BarthWegmans


Closing Remarks• Checkout the archive of past topics at:

http://www.jjkeller.com/nptcinfo PowerPoint slides up in 1-2 days Recording up in 1 week

• Topics for 2011: July 13 – Fleet Excellence: Driver Wellness October 12 – Fleet Excellence: Driver Discipline and Coaching


http://www.jjkeller.com/nptcinfo


Common Questions• What is the difference between: “electronic logging

device” – EOBR – and AOBRD? Why does it matter?

• Can “laptop logging programs” or “smart phone apps” be AOBRDs or EOBRs?

• How do we know an EOBR or AOBRD is “compliant?”


Common Questions• The proposed EOBR & supporting documents rule

identifies that a “HOS Management System” is needed. What is that, and how is that different from the back end system for EOBRs now?


Common Questions• There are bills in the US Senate for an EOBR

mandate, how do they differ from the FMCSA’s proposal?


Common Questions• What has been the experience of carriers when they

transition to electronic logs in terms of: Driver acceptance Impact on driver productivity CSA scores