Sacramento, Calif., (March 28, 2018) – On March 13th, the Federal Motor Carrier Safety Administration (FMCSA) officially announced an additional 90-day waiver from ELDs for haulers transporting agricultural commodities. The new 90-day temporary delay will take effect March 18th, as the previous delay expires.
ISSUE: The Electronic Logging Device (ELD) mandate went into effect in December 2017. However, after petitioning by CFBF, AFBF and our partners in industry, DOT granted an initial agricultural exemption that was set to expire on March 18, 2018. With the granting of another extension, it will provide additional time for haulers to comply and the opportunity for us to address the underlying Hours of Service (HOS) challenges.
IMPACT: Additionally, during this time period, FMCSA indicated it will publish final guidance on both the agricultural 150 air-mile hours-of-service exemption and personal conveyance. FMCSA announced it will continue its outreach to provide assistance to the agricultural industry and community regarding the ELD rule.
The waiver and guidance will be published in the Federal Register in the near future; CFBF will share as it becomes available. It should be noted that drivers who are operating under this waiver must carry a copy of the notice and present it to motor carrier safety enforcement officials upon request. In addition, any carriers operating under this waiver must notify FMCSA within 5 business days of any accident.
ADDITIONAL INFORMATION: On February 20th, AFBF submitted comments that included CFBF’s recommendations to the Hours of Service Regulatory Guidance Concerning the Transportation of Agricultural Commodities. This included concerns about hauling live animals and perishable crops.
Farm Bureau continues to work with FMCSA and USDA during these next 90 days on the possibility of a long-term exemption for haulers transporting agriculture commodities. Conversations with our allies in the legislative body continue to develop language for a one-year delay, which could be included in the omnibus bill.