The Federal Motor Carrier Safety Administration announced March 13 that livestock haulers will get an additional 90 days to comply with the Electronic Logging Device mandate.
Haulers in other industries had to begin using the ELDs on Dec. 18, but agricultural haulers were given an extension through March 18. After listening to commentary from those in the agriculture sector, Elaine Chao, secretary of the U.S. Department of Transportation and FMCSA Administrator Ray Martinez have given the agricultural haulers until June 16, 2018 to comply with the rule. Agriculture compliance to the rule would be difficult because the devices do not accurately account for the agricultural exemptions currently provided in the law.
U.S. Secretary of Agriculture Sonny Perdue applauded the extension, saying in a statement, “The ELD mandate imposes restrictions upon the agriculture industry that lack flexibility necessary for the unique realities of hauling agriculture commodities. If the agriculture industry had been forced to comply by the March 18 deadline, live agricultural commodities, including plants and animals, would have been at risk of perishing before they reached their destination. The 90-day extension is critical to give DOT additional time to issue guidance on hours-of-service and other ELD exemptions that are troubling for agriculture haulers.”
The ELD mandate would require most truckers to implement the use of electronic logging devices in place of paper log forms. In combination with restrictive hours of service requirements, this rule would severely limit the ability of livestock haulers to get cattle to their destination in a timely manner.
“I applaud Secretary Chao for recognizing these obstacles and giving extra time for compliance while DOT issues guidance. While public safety is a critical concern for all of trucking, the safety of living agricultural commodities in transport must also be considered,” Perdue said.
National Cattlemen’s Beef Association President Kevin Kester thanked Chao and Martinez for the decision. “This is obviously good news for America’s cattle haulers and producers and it will provide FMCSA more time to educate our livestock haulers on the ELDS while industry works on solutions to the current hours of service rules that simply do not work for those hauling live animals,” he said.
Address hours of service
The U.S. Cattlemen’s Association also praised the extension. But Kelly Fogarty, executive vice president of the organization, said more must be done about the hours of service restriction.
“Though we’re pleased with the additional 90-day waiver, this does not alleviate the underlying Hours-of-Services concerns that the livestock industry has brought forth to FMCSA. We look forward to working with FMCSA, Congress and other stakeholders groups in the days ahead to continue pushing for a viable solution to the restrictive Hours of Service rules.”
Drivers who have to use ELDs would be limited to current hours of service rules, which restrict a driver to 14 on-duty hours, with no more than 11 active driving hours per 24-hour period. Once a driver hits those maximum hour allotments, he must stop and rest for 10 consecutive hours, which would be problematic when transporting livestock and other live animals.
Several cattlemen’s associations and other groups continue to push for a long-term solution to the hours of service mandate to help maintain animal health and welfare, while getting animals to their destination safely.
“Nebraska Cattlemen applauds the agency for making the right determination that the ELD mandate is not ready for primetime with respect to livestock haulers. In addition to compliance issues and lack of agency outreach, we remain deeply concerned that the underlying hours of service limitations pose serious consequences on the health and welfare of live animals,” said Galen Frenzen, president of Nebraska Cattlemen.
Congressional support
Members of Congress in several states helped push for this extension and support the decision to postpone the ELD mandate for agricultural haulers. Congressman Roger Marshall, R-KS, said, “The announcement is a step in the right direction and shows that the FMCSA understands that this rule is impractical in cattle country. I am encouraged by the agency’s effort to engage and have continued discussions with industry partners to find long-term solutions. In the meantime, Congress needs to act.”
Marshall led a bipartisan letter, acquiring almost 70 signatures, to House leadership encouraging a full year delay of the ELD mandate for the agricultural industry to be included in the upcoming omnibus bill. He said a year would give the industry and FMCSA the time needed to come to a long-term solution that is safe for motorists and animals.
Jennifer Carrico can be reached at 515-833-2120 or [email protected].
