The Department of Transportation has granted a temporary waiver to its electronic logging device mandate, but drivers, CDL trainers, compliance officers, operations managers, and HR personnel and C-level pros in the transportation industry need to stay on top of developments surrounding this important new rule.
The contentious new rule, which requires truck drivers to use electronic logging devices (ELDs) instead of old-fashioned paper logs when recording their driving hours, was to go into effect on Dec. 18, 2017.
Phases of Implementation
The rule will now be phased in, according to the Federal Motor Carrier Safety Administration (FMCSA). Phase 1, what the FMCSA is calling the “Awareness and Transition Phase,” ended Dec. 18, 2017, and Phase 2, the “Phased-In Compliance Phase” will be a two-year period ending Dec. 16, 2019. During Phase 2, carriers and drivers subject to the rule can use either automatic onboard recording devices (AOBRDS) that were installed prior to Dec. 18, 2017 or be self-certified and register their ELDs with FMCSA.
In Phase 3, the “Full Compliance Phase” that begins after Dec. 16, 2019, “all drivers and carriers subject to the rule must use self-certified ELDs that are registered with FMCSA,” says the agency.
The ELD law, passed in 2015, calls for a device to connect to a truck’s onboard computer to broadcast speed and location to a shipper. Regulators could request the data if they suspect a driver has violated rules that govern how many hours they can spend on the road. Many medium and large-sized fleets have already installed the devices, while smaller fleets and independent truckers have balked at the new regulation, and many in the industry worry that this rule could drive more truckers out of an already thinly populated workforce.
Truckers Granted a Grace Period, but Some Seek Greater Concessions
Truckers won a victory from the federal government, which has said it will push back the rule implementation.
“From Dec. 18 to April 1, any truck drivers who are caught without an electronic logging device will be cited and allowed to continue driving, as long as they are in compliance with hours-of-service rules,” according to The Hill. “Any violations incurred during that time period will not count toward a company’s safety record, officials said. Normal enforcement of the regulation will resume after April 1.”
The agricultural industry will get a 90-day waiver from the requirements, and DOT will publish guidance about when movement is and is not subject to time-behind-the-wheel rules.
The Owner-Operator Independent Drivers Association, however, is hoping for even greater concessions. The group asked for an exemption on Nov. 21.
“OOIDA requests that motor carriers that are considered to be a small transportation trucking business (and) who do not have a Carrier Safety Rating of ‘Unsatisfactory,’ and can document a proven history of safety performance with no attributable at fault crashes should be exempted from the ELD requirements,” the request stated.
A trucking industry representative also said that the cost of the new devices was a concern for tiny hauling outfits.
“Many agricultural haulers are concerned due to the cost of purchasing the equipment,” Mike Steenhoek, executive director of the Soy Transportation Coalition, told DTN/The Progressive Farmer. “Many who transport agricultural products are small trucking firms or owner-operators who are less able to absorb such an expense in such a tight-margin industry. Many are arguing that those small businesses who have a track record of safety, who maintain a paper record of their operations should not have to incur such a cost.”
Livestock Haulers: Rule Will Cause Trouble When Hauling Live Animals
Some of the loudest protests about the new rule came from tuckers who haul livestock. In September, a group of livestock organizations and the American Farm Bureau Federation asked for a waiver and exemption from the Dec. 18 deadline, saying that many in the industry were still unaware of the new law and that limiting the number of hours behind a wheel, followed by mandatory rest periods, can cause trouble when hauling live animals.
“Most farmers and ranchers should be exempt from the ELD mandate because they can claim covered farm vehicle status, but drivers who haul livestock, live fish and insects are likely to fall under the requirements,” the Farm Bureau explained.
Protests around the new rule this fall included one by truckers in Ohio, who said the economics of the mandate had not been studied.
“Stopping for accidents or inclement weather will have a negative impact on the mile total for those 14 hours, protesters said, with no means of factoring in those delays,” the Lima News reported. “This could have a negative impact not only on driver safety and pay, but also on the economy as a whole.”
