Ask The Trucker

Raising the Standards of the Trucking Industry


Denham AmendmentDriver WagesFeatured PostOwner OperatorsPoliticsRegulationsTrucking

House bill offers truckers long sought exemption and relief from ELD mandate

May
29,
2018
1

ELD exemption in House bill 5948- The Small Carrier Electronic Logging Device Exemption Act of 2018 – could be the ELD relief truckers have been seeking

Truck drivers are in the midst of 2 of the most heated and pivotal battles of all time-
The ELD mandate and the Federal Authority trucker wage provision.


1)  The ELD mandate which enforces the Hours of Service rule and its much detested 14 hour clock. The Electronic logging device rule forces truckers to install digital devices in their semi-tractors to track their driving time, ensuring they drive no more than 11 hours a day within a 14-hour workday. Drivers must then be off duty for 10 consecutive hours.
There is a problem however. SAFETY. When you pay a driver by the mile, then govern them by a clock, and then have them wait at loading docks for hours and hours without pay, you create unsafe situations.
Read more The Evolution of the Driver Shortage, Trucker Wages, and Safety

2)  The Federal Authority provision known as the Denham Amendment or F4A , which if passed in the 2018 FAA Reauthorization bill and THUD bill that they are currently in both House versions, would minimize and limit trucker wages by way of a New Federal Law
Read more The war on Truckers, States’ rights, and American wages.

Though the above mentioned attacks on truckers are different, the passion behind both issues have grown stronger in the last 2 years.  The most common phrase is “Enough is Enough”

The ELD mandate
The electronic logging device (ELD) rule was congressionally mandated as a part of MAP-21. Compliance deadline was Dec. 18, 2017 while enforcement of the mandate took effect on April 1, 2018.

An electronic logging device is used to electronically record a driver’s Record of Duty Status (RODS), which replaces the paper logbook some drivers currently use to record their compliance with Hours of Service (HOS) requirements

Bill H.R. 5948 offers long sought relief from ELD mandate for Truckers, especially Owner Operators and Independents.

Interstate truck drivers around the country have been protesting the new regulation for many months citing concerns of safety, additional cost, adding to the already intense truck parking shortage, unreliability of the new technology(self certification), and driver privacy concerns.

Bill H.R. 5948 offers long sought relief from ELD mandate for Truckers, especially Owner Operators and Independents.

 H.R. 5948 The Small Carrier Electronic Logging Device Exemption Act of 2018

A bill, The Small Carrier Electronic Logging Device Exemption Act of 2018, was filed May 23rd in the U.S. House that would, if passed, would exempt trucking companies with 10 trucks or fewer from compliance with the U.S. DOT’s electronic logging device mandate permanently.
Although many exemptions have been filed regarding the ELD mandate, this is the first attempt in Congress, specifically exempting small carriers and independent owner-operators from the ELD mandate.

H.R. 5948 is bipartisan legislation introduced by  Reps. Collin Peterson (D-Minnesota) and Greg Gianforte (R-Montana).  Together they have have introduced two pieces of bipartisan legislation to relieve certain sectors of the trucking industry from the Federal Motor Carrier Association’s electronic logging device (ELD) mandate.

“Electronic logging devices are another layer of unnecessary red tape that continues to tie up truckers and puts livestock and Montana livelihoods at risk,” Gianforte said

“This legislation will eliminate costly and time-consuming regulations for small trucking companies and individual owner-operators, who constitute much of the rural trucking industry.” Peterson said.

49 U.S. Code § 31315 – Waivers, exemptions, and pilot programs

According to the truckers.com website, the SBTC filed a class exemption application with FMCSA seeking to exempt motor carriers with 50 or less employees on November 20, 2017. That application was later supplemented at the request of FMCSA on February 1, 2018.
The Small Business in Transportation Coalition (Truckers.com) Endorses the ‘‘Small Carrier Electronic Logging Device Exemption Act of 2018’’ (HR 5948) Bill

The Owner-Operator Independent Drivers Association in November petitioned FMCSA to allow small business truckers — those with less than $27 million a year in revenue, as defined by the Small Business Administration — with strong safety records to continue to run on paper logs for five years beyond the December 2017 compliance deadline. FMCSA has not yet issued a decision on OOIDA’s waiver.
OOIDA also appears to be in support of the bill.

The Small Carrier Electronic Logging Device Exemption Act of 2018 will completely exempt businesses which operate ten or fewer trucks from the requirements of the ELD mandate, and the Agricultural Business Electronic Logging Device Exemption Act of 2018 will completely exempt agricultural businesses.

Information regarding the ELD mandate can be found at TruckerNation.org
TruckerNation.org is a website founded by singer-song writer and trucker advocate Tony Justice.
Trucker Nation MISSION STATEMENT
TruckerNation.org is a one stop shop where truckers can become better educated, engaged and efficient in understanding relevant industry matters no matter age, race, gender, ethnicity, or affiliation.

 

 

 

 

© 2018, Allen Smith. All rights reserved.

Technorati Tags: , , , , , , , , , ,

Share

Previous

Next

By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

View all posts by Allen Smith →

Tagged: , , , , , , , , , ,

One Response to House bill offers truckers long sought exemption and relief from ELD mandate. - Post a Comment

  1. James Lamb

    Hey, Drivers… It’s time we show the ELD Manufacturers Hell Just Froze Over.Call the House Transportation Committee and tell them you support HR 5948 the ELD exemption bill (202) 225-9446 or email them Transport@mail.house.gov (cc: Support@truckers.com so we know you emailed them and so they know you’re with us). https://conta.cc/2xpEEpF

What do you have to say about this?

To the top