Thursday, September 14, 2023

Two more ELDs revoked by FMCSA

The Federal Motor Carrier Safety Administration announced Thursday it has removed the Falcon ELD and KSK ELD from its list of registered Electronic Logging Devices.

FMCSA said it placed these ELDs on the Revoked Devices list due to the providers’ failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A (functional specifications for ELDs), effective Sept. 14.

KSK ELD said in an email to Overdrive that the revocation is "an FMCSA mistake" and that the company will provide updates "as soon as [the] situation will be cleared." FMCSA routinely checks in with ELD providers about possible issues, and will revoke an ELD if they don't hear back. 

[Related: Why FMCSA keeps revoking ELDs, and how to tell if yours is next]

Falcon ELD has yet to respond to a request for comment as of 3 p.m. Central time Thursday.

FMCSA will send an industry email to inform motor carriers that all who use these revoked ELDs must stop using the revoked devices and revert to paper logs or logging software to record HOS data, and replace the ELDs with compliant devices from the Registered Devices list before Nov. 13, 2023.

Motor carriers have up to 60 days to replace the revoked ELDs with compliant ELDs. If the ELD providers correct all identified deficiencies, FMCSA will place the ELDs back on the list of registered devices and inform the industry and the field, the agency said. 

“FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time,” the agency said.

During this time, safety officials are encouraged by FMCSA not to cite drivers using the revoked ELDs for 395.8(a)(1) (“No record of duty status”) or 395.22(a) (“Failing to use a registered ELD”). Officers should instead request the driver’s paper logs, logging software, or use the ELD display as a back-up method to review the hours-of-service data.

Beginning Nov. 13, motor carriers who continue to use the revoked devices will be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked device on or after Nov. 13 FMCSA directed to cite 395.8(a)(1) and place the driver out-of-service.

[Related: FMCSA revokes three more ELDs' certifications]


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