If your ELD provider suddenly shuts down service and goes out of business, do you know what to do? There may be no clear-cut answer, but there is a path to compliance.
By now, everyone has heard the news: One20, the social community that offers services, including electronic logging devices (ELDs), to truck drivers at prices they can afford, is shutting down its ELD offering. As of June 18, the company said in a statement on its website, One20 will no longer service or provide support for the devices.
For those drivers using One20’s F-ELD product, that means they must find another ELD device or risk fines of being put out of service. With over 250 devices self-certified on the FMCSA website, there are plenty of choices. With so many devices on the market, however there is likely going to be some sort of paring down of products in the near future; although that doesn’t appear to have happened yet because the list of devices seems to be growing.
Fortunately, in the One20 case, drivers received nearly a month’s notice to find another device, but what happens when you wake up one morning only to learn that your ELD is no longer operational because the company shut down? There has not been a recorded instance of this happening, but it could be a possibility with so many devices on the market and startup companies continuing to offer new products.
If a driver should find their device doesn’t work because the provider suddenly shut down, it would likely be addressed under several answers related to a non-functional or damaged device covered in FMCSA’s FAQ document.
According to that document, if an ELD malfunctions, a driver must:
- Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;
- Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD; and
- Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance. The recording of the driver’s hours of service on a paper log cannot continue for more than 8 days after the malfunction; a driver that continues to record his or her hours of service on a paper log beyond 8 days risk being placed out of service.
In light of the One20 situation, several ELD providers have stepped forward with special offers trying to attract drivers to their solutions.
The day before word came out that One20 was shutting down, Continental launched a promotion designed to attract ELD users who were dissatisfied with their current model. The Trade In-Trade Up promotion runs until July 14, 2018. It offers a $100 rebate to an existing ELD owner who switches to the VDO RoadLog ELD.
BigRoad noted that it has been offering ELDs and AOBRDs for five years now and that its award-winning electronic logging device has been recognized by Frost & Sullivan as the #1 ELD solution across North America based on several factors that include price/performance value and usability. The BigRoad ELD also includes a freight matching solution within the app.
GeoSpace put out a statement as well, offering fleets one year of its Pro service with no monthly fee.
Other providers may also be offering promotions, but drivers have a regulatory duty to be compliant, so for One20 users, waiting until June 17 to buy a new device might not be a good option.