Livestock haulers may receive another extension for ELD rules

The continual electronic logging devices mandate for livestock haulers has received another possible extension—a year long this time—after the Senate passed an amendment to extend the ELD waiver.

Sen. Deb Fischer, R-NE, introduced the amendment on Aug. 1, to extend the ELD waiver for livestock haulers until Sept. 30, 2019, and continues to work to make the hours-of-service requirements more flexible for the livestock haulers since they deal with different challenges hauling live animals.

“Nebraskans who transport livestock face unique challenges. The Senate passed my amendment to delay electronic logging device requirements for livestock haulers for one year. With this extension, we will have more time to bring common-sense to these rules and provide additional flexibility,” Fischer said.

Additional work has been done by the Federal Motor Carrier Safety Administration’s Advance Notice of Proposed Rulemaking on Hours of Service regulations.

Meetings by FMCSA led to an extension through Sept. 30, 2018. With no specifics made for the HOS regulations, another extension was needed.

Allison Rivera, executive director of government affairs for the National Cattlemen’s Beef Association said in a statement, “We are grateful for FMCSA’s willingness to consider options for flexibility on Hours of Service rules. NCBA will continue to work constructively to find a long-term solution that gives livestock haulers the flexibility they need within Hours of Service to protect the welfare of animals in their care. The proposals released today are a positive step towards focusing on needed changes to Hours of Service, but more specific changes that address the unique realities of the livestock hauling industry are still needed. We will continue to work with FMCSA to provide flexibility for the livestock hauling industry.”

The four specific areas under consideration for revision are: Expanding the current 100 air-mile “short-haul” exemption from 12 hours on-duty to 14 hours on-duty, in order to be consistent with the rules for long-haul truck drivers; extending the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions; revising the current mandatory 30-minute break for truck drivers after eight hours of continuous driving; and reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks equipped with a sleeper-berth compartment.

A comment period is open for FMCSA’s proposed changes to interstate trucking hours of operation regulations. State cattlemen’s associations have encouraged cattlemen to send comments about the issue to help livestock haulers.

“It is imperative that cattle producers speak out against burdensome, unnecessary regulations that will put the industry at a great disadvantage if not stopped,” said Missouri Cattlemen’s Association Executive Vice President Mike Deering.

“Nebraska’s livestock industry greatly appreciates Senator Fischer’s help to delay the ELD mandate while our industry works on a long-term solution to existing hours of service laws. One-size-fits-all regulations do not work when hauling live animals. Senator Fischer is a rancher and she understands that these regulations, as currently written, will cause serious animal welfare concerns,” Galen Frenzen, Nebraska Cattlemen president, said.

For more information on the federal laws and to comment, visit www.fmcsa.dot.gov/newsroom/fmcsa-seeks-public-comment-revising-current-hours-service-regulations-interstate-truck.

Jennifer Carrico can be reached at [email protected].