ELD Manipulation: Stricter Regulations Demanded for the Freight Industry

The National Transportation Safety Board (NTSB) has urged the Federal Motor Carrier Safety Administration (FMCSA) to tighten the requirements for electronic logging devices (ELD). This is intended to prevent trucking companies and their drivers from creating fraudulent work hour logs. This recommendation is part of an accident report in which the NTSB determined that driver fatigue was the probable cause of a December 2022 accident on I-64 in Virginia that resulted in the deaths of three individuals. According to the NTSB, Triton Logistics, based in Romeoville, Illinois, contributed to the driver's fatigue by creating fictitious driver accounts in the ELD system, allowing drivers to bypass statutory driving time limits. These practices were uncovered during a 20-month investigation. Drivers reportedly called the company's Hours of Service (HOS) department to log into alternative driver accounts. This process enabled drivers to exceed legal driving times and circumvent regulations. The accident driver, Daniel Cramer, informed investigators about the existence of a data center in Lithuania, used by Triton to manage and potentially manipulate drivers' electronic logs. In the days preceding the accident, Cramer repeatedly exceeded the legal driving time limits. Additionally, drivers were financially incentivized via mileage-based compensation to exceed their driving times. Triton's management, including the CEO and the HOS manager, denied any knowledge of the manipulated logins. The company did not respond to calls from FreightWaves seeking comments on the investigation's findings. Following a compliance review after the accident, the FMCSA found several violations, including creating or allowing false reports of drivers’ service status and permitting the drivers to exceed statutory driving limits. For the violations detected, the FMCSA imposed a fine of $36,170 on Triton, which included the failure to conduct alcohol testing after the accident. The company also received a 'conditional' safety rating, indicating insufficient safety management controls to ensure compliance with standards. Based on the investigation findings, the NTSB recommends that the FMCSA revise ELD requirements to include the provision that ELD vendors create an audit trail, among other measures. Additional recommendations were also issued, with two previous recommendations being reaffirmed.