As we bring in the new year it is important to remember that the start of a new calendar year often means the implementation of new rules and requirements. This year, the Federal Motor Carrier Safety Administration (FMCSA) has updated some of its legal rules. Therefore, it is important to be prepared for 2023 upcoming FMCSA inspections with the correct information in order to maintain compliance. 

This year, the FMCSA has added a requirement to the Safety Measure System (SMS) roadside inspection requirements. According to the early December announcement by the FMCSA, the SMS now includes an electronic logging device (ELD) violation where now under 49 CFR 395.24(d), the inability of an ELD to transfer ELD records electronically is a violation. 

For those that do not know what an ELD is, the ELD rule required commercial motor vehicle (CMV) drivers to install and use an ELD if they are required to maintain a driver log also known as a record of duty status. This ELD must be able to have their ELDs electronically transfer data to an officer using either telematics or local transfer type ELD. The telematics transfer occurs when data is electronically transferred to an authorized safety official on demand via wireless web service or email. The local transfer occurs when the data transfer is done via USB or Bluetooth when requested. Drivers must make sure they can provide either the ELD display or printout when requested by an authorized safety official or the driver can be placed out of service.

Adding the ELD violation to the SMS, a scoring mechanism under the Compliance, Safety, Accountability program, is believed to improve safety standards. However, violating this new requirement will affect the Hours-of-Service Compliance Basic standard calculation with a severity weight of 3. As of Dec. 1, 2022, cited ELD violations were beginning to be incorporated in SMS calculations, and as of Dec. 30, 2022, these violations are reflected in the SMS run that is soon to be released in early January. 

To stay compliant and keep learning how to invoke a benefit plan fit for today’s workers and the world, visit:

DII is your partner when it comes to business compliance. Our team of experts can work with you to understand any new rules and regulations that will now be enforced in the new year. Please contact your DII representative for more information.  #NewYear #2023 #NewRules

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