Livestock haulers legislation introduced in Senate

Livestock groups are praising a bill introduced in the U.S. Senate May 23 to reform federal Hours Of Service rules they says ensures animal welfare, highway safety and the well-being of livestock haulers.

Sens. Ben Sasse, R-NE; Joni Ernst, R-IA; Heidi Heitkamp, D-ND; John Hoeven, R-ND; Doug Jones, D-AL; Jerry Moran, R-KS; Rand Paul, R-KY; Pat Roberts, R-KS; Marco Rubio, R-FL; Tina Smith, D-MN; and Jon Tester, D-MT; are a bipartisan group introducing the Transporting Livestock Across America Safely Act.

Currently, overly strict trucking regulations from the U.S. Department of Transportation require mandatory rest time that put livestock at risk, especially during summer or winter months. The legislation, sponsors say, would give American agriculture the flexibility to safely transport livestock.

“Nebraska’s economy runs on agriculture,” Sasse, the primary sponsor of the bill said in a statement. “Our ranchers and haulers are professionals who make the well-being of livestock their top priority and that includes safe transportation. The Department of Transportation’s current regulations endanger livestock during hot summers and cold winters which Nebraskans know well causing significant stress on the animals and concern for the drivers. This bipartisan bill is good for our ranchers, good for our haulers, and good for our livestock.”

On Dec. 18, 2017, USDOT’s Federal Motor Carrier Safety Administration required commercial vehicle drivers to install an electronic logging device, or ELDs, in their truck to track compliance with Hours Of Service rules. FMCSA exempted livestock haulers from this requirement until March 18, 2018, and a congressional delay has extended it through Sept. 30, 2018.

Currently, for livestock and insects, HOS rules require that haulers turn on their ELD after they cross a 150-air mile radius of the origin of their load (such as cattle). After crossing a 150-air mile radius, haulers must start tracking their on-duty time and can only drive 11 hours before taking a mandatory 10-hour rest time.

Livestock industry advocates say the inflexibility of these regulations will be costly for haulers and place the well being and welfare of insects, cattle, hogs and other livestock at risk. Current law does not allow flexibility for livestock and insects to reach their destination given the vast geography of production and processing facilities, most often spanning from coastal states to the Midwest.

Haulers say extended stops for a hauler, which would be necessitated by these HOS regulations, are especially dangerous for livestock during summer or winter months; high humidity and winter temperatures with below freezing wind chills cause significant stress on livestock.

The Transporting Livestock Across America Safely Act addresses these problems and eases the burden of these far-reaching HOS and ELD regulations for haulers of livestock or insects.

Specifically, the Sasse legislation:

• Provides that HOS and ELD requirements are inapplicable until after a driver travels more than 300-air miles from their source. Drive time for HOS purposes does not start until after 300-air mile threshold.

• Exempts loading and unloading times from the HOS calculation of driving time.

• Extends the HOS on-duty time maximum hour requirement from 11 hours to a minimum of 15 hours and a maximum of 18 hours of on-duty time.

• Grants flexibility for drivers to rest at any point during their trip without counting against HOS time.

• Allows drivers to complete their trip regardless of HOS requirements if they come within 150-air miles of their delivery point.

• After the driver completes their delivery and the truck is unloaded, the driver will take a break for a period that is five hours less than the maximum on-duty time (10 hours if a 15-hour drive time).

Livestock groups lauded the proposed legislation.

“The current Hours Of Service rules for livestock haulers present big challenges for our industry and can often jeopardize the health and well-being of livestock,” National Cattlemen’s Beef Association president and fifth-generation California rancher Kevin Kester said in a statement.

“Hauling livestock is inherently different than hauling products like paper towels or bottles of water. Live cattle can’t simply be left unattended in a trailer—especially in very hot or cold weather—for extended periods of time, and this bill takes that into account. Sen. Sasse deserves a lot of credit for his leadership on this issue, and we thank all of the original cosponsors who stepped up to show their support for livestock haulers and cattle producers across this country.

“Given the unique nature of livestock hauling—often very long distances between cow-calf operations and feedlots or processing facilities—and the fact that we’re transporting live animals that must be treated humanely—this legislation is vitally important and I think it strikes a balance coupled with common sense for everybody involved. I hope Congress will pass this bill as quickly as possible so we can have this issue resolved before the ELD mandate for livestock haulers goes into effect on Oct. 1.”

United States Cattlemen’s Association Transportation Committee Chairman Steve Hilker said in a statement, “We asked, and Congress answered. This is a historic moment for livestock and insect haulers to finally be afforded needed flexibility in the restrictive Hours Of Service rules. We commend this bipartisan group of senators, led by Sen. Sasse, for working with the industry towards a common-sense solution.

“Thank you to everyone who has put in many hours, many miles and many late nights to get this piece of legislation brought forth to the Senate floor. We look forward to working with the Senate—and the House—to get the Transporting Livestock Across America Safely Act across the finish line.” 

Larry Dreiling can be reached at 785-628-1117 or [email protected].