Another ELD waiver for livestock haulers

The ELD exemption for livestock haulers is still in place until December 7, 2018, thanks to Congress and the president. Livestock haulers now have at least until Dec. 7 to continue to run on paper logs absent an electronic logging device.

In a short-term government funding bill signed by President Trump on Sept. 28, Congress extended the electronic logging devicewaiver for livestock and bee haulers through the expiration of the funding legislation — December 7.

However, the short-term appropriations package was passed as a means to give Congress extra time to clear other spending bills and to ward off a government shutdown in the meantime. It’s likely lawmakers will opt to extend the waiver through the end of the 2019 fiscal year, Sept. 30, 2019.

At that point, Congress will either need to do yet another extension (CR) or pass the last minibus package which includes the electronic logging device delay for livestock haulers.

Bills to fund the Department of Transportation in both the House and Senate include a provision to give livestock and bee haulers until September 30, 2019, to adopt electronic logging devices.

As we’ve mentioned before, in August, the Senate passed a bill, with which it OK’s year’s ELD exemption for livestock haulers. The new bill exempts livestock haulers from compliance with the electronic logging device mandate for another year. This will allow all livestock haulers to run on paper logs until the end of September 2019. However, the measure was still not final and had additional hurdles to clear.

The Electronic Logging Device mandate requires commercial drivers who are required to prepare hours-of-service records of duty status to use electronic logging devices.

Including the livestock haulers ELD exemption, the electronic logging devicesrule has couple of additional exemptions. Drivers who use timecard exception are not required to keep records of duty status or use ELDs. Additionally, the following drivers are not required to use ELDs; however, they are still bound by the RODS requirements in 49 CFR 395 and must prepare logs on paper, using an Automatic On-Board Recording Device (AOBRD), or with a logging software program when required:

• Drivers who use paper RODS for not more than 8 days out of every 30-day period.
• Drivers of vehicles manufactured before 2000.
• Drivers who are required to keep RODS not more than 8 days within any 30-day period.
• Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered, or the vehicle being transported is a motor home or a recreation vehicle trailer with one or more sets of wheels on the surface of the roadway.
• Drivers of vehicles manufactured before the model year 2000. (As reflected on the vehicle registration)

The House’s DOT appropriations bill, which includes the ELD waiver for livestockers, also includes the so-called Denham Amendment, which would block states from enforcing laws that require carriers to provide drivers meal breaks and paid rest breaks beyond what is required by federal hours of service regulations.