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
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.
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.
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.
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