Livestock haulers received good news on Nov. 20 when the Federal Motor Carrier Safety Administration (FMCSA) announced a 90-day temporary waiver on the use of electronic logging devices (ELDs). The rule is set to go into effect Dec. 18, 2018.
A division of the U.S. Department of Transportation (DOT), FMCSA said the delay of the congressionally-mandated ELD rule is necessary to further facilitate transition to the rule by motor carriers. The agency said it will be providing guidance related to enforcement procedures during the ELD transition, specifically pertaining to the existing hours-of-service (HOS) exemption for the agricultural industry, and guidance on the “personal conveyance” provision.
FMCSA explains on its website, “The electronic logging device rule—congressionally mandated as a part of MAP-21—is intended to help create a safer work environment for drivers, and make it easier and faster to accurately track, manage and share records of duty status data. An ELD synchronizes with a vehicle engine to automatically record driving time for easier, more accurate hours-of-service recording.
FMCSA noted that it will also provide guidance on the existing 150 air miles hours-of-service exemption in order to provide clarity to enforcement and industry. The guidance is designed to allow industry to maximize the use of this statutory exemption.
The announcement drew a favorable response from livestock industry organizations concerned with the safe and timely transport of their products, namely live animals.
National Cattlemen’s Beef Association (NCBA) President Craig Uden commented, “This is very good news for cattle and beef producers, and it’s a sign that the administration is listening to the concerns that we have been raising. We’ve maintained for a long time that FMCSA is not prepared for this ELD rollout, that there needs to be more outreach from the Department of Transportation to the agricultural community, and that there’s currently still major confusion on the agricultural exemption on hours of service known as the ‘150 air-mile rule.’”
Uden went on to say, “This rule would certainly be helpful to our cattle haulers across the country. We want to thank Transportation Secretary Elaine Chao for listening to our concerns, and we’ll continue to work with her and FMCSA to make sure that our cattle are delivered safely, and that our drivers and others on the road are safe as well.”
Likewise, the National Pork Producer Council (NPPC) welcomed the announcement with the group’s President Ken Maschhoff saying, “The ELDs regulation poses some serious challenges for livestock haulers and the animals in their care. This waiver will give the department time to consider our request that truckers transporting hogs, cattle and other livestock be exempt from the ELD mandate.” He added, “Drivers transporting livestock have a moral obligation to care for the animals they’re hauling.”
NCBA’s Executive Director of Government Affairs, Allison Cooke, said the delay is partly due to outreach by her organization, telling FMCSA that a lot of questions are still unanswered due in part to a lack of outreach to livestock haulers and most of agriculture.
Questions remain on how HOS of livestock haulers are defined. NCBA and NPPC have pointed out the DOT’s hours of service are not compatible with transporting livestock. Current regulations limit truckers to 11 hours of driving daily, after 10 consecutive hours off duty, and restrict their on-duty time to 14 consecutive hours, which includes non-driving time.
That non-driving time could, for example, include time spent waiting at a livestock auction after delivering cattle and before loading again after the sale. That, Cooke said, is something NCBA has been trying to get further clarification on. “We have been doing a lot of educating at DOT on what it takes to haul live animals, how we do it and what it looks like, and I think there are a lot of questions on ‘is the ELD still reading that a truck is sitting at a sale barn while waiting?’”
NCBA is asking for answers as to whether waiting, while technically working, but not driving, would be included in the 14-hour “on duty” time. Cooke added that this helps paint the picture of the need for flexibility for livestock haulers.
Additional concerns revolve around a driver reaching his hours of service limit while en route with a loaded trailer. Cooke said this is among the concerns NCBA and others in the industry realized DOT officials probably didn’t fully understand upfront.
Under the rule, drivers could be forced to find a place to unload animals while resting for the mandatory 10-hour period. The logistics of this could be problematic in addition to opening the door for bruising or other injuries to animals while unloading and reloading. “This is a case where a one-size-fits-all solution doesn’t work,” Cooke said. “We’re not hauling boxes of goods; we’re hauling live animals.”
Cooke told WLJ the 150 air-mile regulation exempts drivers from the HOS rule when operating within a 150-air-mile radius, which is equal to about 172 land miles. She noted that livestock haulers also have questions as to whether or not ELDs will be able to accept the exemption.
“FMCSA has listened to important feedback from many stakeholder groups, including agriculture, and will continue to take steps to ease the transition to the full implementation of the ELD rule,” said FMCSA Deputy Administrator Cathy F. Gautreaux.
The Commercial Motor Vehicle Safety Enhancement Act, enacted as part of the 2012 Moving Ahead for Progress in the 21st Century Act, mandated that ELDs be installed by Dec. 18, 2017 in commercial motor vehicles involved in interstate commerce, when operated by drivers who are required to keep records of duty status. ELDs, which can cost from $200 to $1,000, record driving time, monitor engine hours, vehicle movement and speed, miles driven and location information.
Formal publication of the guidance via the Federal Register is expected within the next two weeks, and will include a public comment process. — Rae Price, WLJ editor
