Livestock hauler exempt from compliance with the ELD mandate for another year

Last Wednesday 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 is still not final and has additional hurdles to clear before being applied. Another similar extension has been taken up by the House, though it is attached to a bill that has not yet passed. This appears to be quite of a problem, because once the House passes its bill, the two chambers will need to iron out differences between the two pieces of legislation. After this is done, both bill will need to be passed by the chambers once again. The legislation should also be signed by President Trump, which may appear to be a difficulty, since President Trump threatened to veto appropriations packages coming out of Congress if they don’t include funding for a wall along the U.S.’ southern border.

The legislators have a small time window (just two months) in which to finalize the appropriations packages for 2019 in order to ward off a government shutdown. Livestock haulers are currently exempt from the electronic logging device compliance until October 2018.

The Senate’s livestock haulers electronic logging device waiver was added late Tuesday. The amendment which added the waiver was offered by Sen. Deb Fischer (R-Nebraska). Fischer added yet another amendment which aims to urge the Federal Motor Carrier Safety Administration to complete its ongoing study into adding split sleeper berth flexibility to hours of service regulations, though the amendment does not stipulate a timeline.

The livestock haulers electronic logging device waiver is part of the House’s DOT appropriations bill, which also includes the so-called Denham Amendment. The Denham Amendment blocks 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.

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 ELD rule 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)