Electronic Logging Devices & CMV Liability
In 2015, the Federal Motor Carrier Safety Administration (FMCSA) instituted a final rule mandating the use of what are known as Electronic Logging Devices (ELDs) in most commercial motor vehicles (CMVs). An ELD attaches to a commercial motor vehicle’s engine and records relevant data, such as hours of service and how many miles the vehicle has traveled. In essence, an ELD is to a CMV as a “black box” is to a commercial aircraft. However, ELDs do break down, and if one is not accessible during or after an accident, the owner and/or operator of that vehicle may face liability.
Mandated For Most
When an accident occurs that involves a commercial motor vehicle, the injuries that result are often severe, if not outright fatal. A working ELD installed in that vehicle can protect both injured victims and the driver of the CMV (and potentially, their employer) by ensuring that certain records are close to hand. For example, a working ELD can show that a driver had not exceeded their maximum hours of service, which would show that driver error was less likely to be a factor in any crash.
In order to be in compliance with the FMCSA’s mandate, an electronic logging device must be (1) connected to the engine, whether the vehicle is moving or not; (2) able to let a driver select a status, such as On or Off Duty; (3) able to show data both graphically to the driver, and in an accessible format to authorities and regulators; and (4) up to date with technical specifications. If any of these criteria is not met, both a CMV’s driver and that driver’s employer may face fines and other penalties, as well as the driver potentially losing their right to drive for a period of time.
State Law Has Its Own Regulations
In addition to federal regulations, it is important to be aware that some states have regulations mandating the use of ELDs for vehicles engaged in intrastate commerce (that is, exclusively within the borders of their state) as well. Florida requires them for most vehicles, though there are exceptions – but as with federal law, failure to have a working ELD will open up both driver and owner to penalties and potential liabilities in the event of an accident.
In the event that a driver’s ELD has malfunctioned recently, there are accepted procedures to follow in order to remain in compliance, but many either fail to complete them in time or simply do without, despite the potential cost to them and their employer. At this point, lacking an ELD in a non-exempt CMV is a violation of the law, and if a driver violates a law in this fashion, they may find themselves found negligent in an accident case as a matter of law – in other words, a court may establish negligence, rather than making an injured plaintiff prove it to be true.
Call A Tampa Commercial Motor Vehicle Accident Attorney
Commercial motor vehicles are everywhere on Florida roads, and if driven recklessly, they can cause injuries and fatalities with disproportionate ease. A Tampa commercial motor vehicle accident attorney from the Rinaldo Law Group can help you seek the compensation you deserve after a crash. Call our office today to schedule a free consultation.
Source:
govinfo.gov/content/pkg/FR-2015-12-16/pdf/2015-31336.pdf
