What to do if you get an ELD violation

Millions of people depend on truck drivers to deliver important goods across the country every single day. Since truck drivers have to spend long stretches of time on the road, it is important for them to be able to account for how many hours they are working, for their own safety but also for the safety of other motorists on the road. This is vital in order to ensure that the driver will not succumb to driver’s fatigue, which can often be a contributing factor in a truck accident.

Millions of people depend on truck drivers to deliver important goods across the country every single day. Since truck drivers have to spend long stretches of time on the road, it is important for them to be able to account for how many hours they are working, for their own safety but also for the safety of other motorists on the road. This is vital in order to ensure that the driver will not succumb to driver’s fatigue, which can often be a contributing factor in a truck accident.

Commercial driver’s have a strict schedule of how many hours of service (HOV) they can work in a given period of time. This used to be done via manual entries into a log book. But in 2017 the Department of Transportation (DOT) mandated electronic logging devices (ELD’s) to ensure that drivers were following the working hours regulations. In 2018, the state of California began ELD enforcement and thus ended the days of log books. If you received an ELD violation give the Los Angeles traffic ticket attorneys at Fight My Ticket a call at 1-800-655-7505 or fill out the form.

ELD Violations

An ELD device is used to ensure an accurate recording of Hours of Service for truck drivers. The Federal Motor Carrier Safety Administration (FMCSA) began an initiative called Compliance, Safety, Accountability (CSA) which has a Safety Measurement System (SMS) that can recognize potentially unsafe drivers. This system was updated with 22 ELD violations after ELD’s were enforced. Attempts of tampering with the ELD can get you fined or fired.

Common ELD violations include:

  • The portable ELD not being mounted in a fixed position and visible to the driver.
  • Not using the appropriate method to record the driver’s hours of service.
  • Driver failing to note malfunction that required the use of a paper log.
  • Failing to provide supporting documents upon request.
  • Operating with a device that is not registered with FMCSA.
  • Driver failing to maintain ELD user manual.
  • Driver failing to make annotations where applicable.
  • Driver failing to manually add shipping document number.

Drivers who are found in violation of these regulations can sustain severe fines. Because the ELD system is still fairly new, not every driver and company has made the necessary adjustments yet. However drivers should be aware that not having an ELD installed, or having an ELD that is not FMCSA approved can have dire results and end with the driver being placed out-of-service. Because the ELD system requires several instances of manual data entry, it’s also important for companies to properly train their drivers so they are comfortable with the system. 

ELD Penalties

A driver who is caught falsifying their logs will be placed out-of-service, which is a period of ten hours. A driver being out-of-service typically results in the towing of the commercial vehicle, which can cost $300-$400. The fines for an ELD violation can be anywhere from $1,000 to $10,000. ELD violations also impact your CSA score. 

Contact A Los Angeles Traffic Attorney 

While you may think that simply paying the ELD violation fine is the fastest and most efficient way to deal with your problem, we urge you to reconsider. An ELD violation is really bad for business and the fines resulting from it can be steep. Your entire company can suffer if the CSA score goes down and results in client loss. As a driver, having a valid commercial driver’s license is crucial to sustain your career. And ELD violation can threaten your ability to make an income. If you happen to get more than one ELD violation, you are very likely to not get hired by another company. Not only that but your insurance may skyrocket. If you are a commercial driver who has been cited for an ELD violation, call the experienced Fight My Ticket traffic ticket attorneys at 1-800-655-7505 or fill out the form.

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