Fleet Management

FMCSA Issues New 90-Day ELD Waiver for Ag Haulers

March 13, 2018

By David Cullen

SHARING TOOLS        | Print Subscribe
FMCSA is granting an additional 90-day temporary waiver from the ELD rule for “agriculture-related transportation.” Photo: J.J. Keller
FMCSA is granting an additional 90-day temporary waiver from the ELD rule for “agriculture-related transportation.” Photo: J.J. Keller

The Federal Motor Carrier Safety Administration announced on March 13 that it is granting an additional 90-day temporary waiver from the electronic logging device rule for “agriculture-related transportation.”

The agency also said that during that time period, it will publish “final guidance” on both the agricultural air-mile exemption within the hours-of-service rule and on the use of the personal conveyance adjustment by all motor carriers operating under the ELD rule.

“We continue to see strong compliance rates across the country that improve weekly, but we are mindful of the unique work our agriculture community does and will use the following 90 days to ensure we publish more helpful guidance that all operators will benefit from,” FMCSA Administrator Ray Martinez said in a statement.

According to FMCSA, since December 2017, roadside compliance with the hours of service record-keeping requirements, including the ELD rule, has been “steadily increasing, with roadside compliance reaching a high of 96% in the most recent available data." On top of that, the agency noted, there are more than 330 separate self-certified electronic log devices listed on the FMCSA's registration list.

Full electronic log enforcement rapidly approaching

The agency reiterated that full enforcement of the ELD rule will begin on April 1, 2018.

As of that date, carriers found to not have an ELD when required will be placed out of service. The driver will remain out-of-service for 10 hours in accordance with Commercial Vehicle Safety Alliance criteria. FMCSA noted that at that point, “to facilitate compliance, the driver will be allowed to travel to the next scheduled stop and should not be dispatched again without an ELD. If the driver is dispatched again without an ELD, the motor carrier will be subject to further enforcement action.”

The agency added that it is “committed to continuing the ongoing dialogue on these issues" with the various segments of the trucking industry.” 

The waiver and upcoming set of guidances have been announced, but they will not be published in the Federal Register right away.  

An FMCSA official noted in a March 13 conference call with reporters that the new waiver for ag haulers will be published before the current one expires on March 18.

As for the guidance on ag haulers’ use of air miles and that of personal conveyance by all carriers, a notice on that won’t be published for 60 to 90 days from now, as the agency must sift through all the comments it has received.

Responding to a question from HDT during the call, Joe DeLorenzo, FMCSA's director compliance and enforcement, said the need to release specific guidance on using the personal conveyance mode was due more than anything to general misunderstanding of how it works. Although personal conveyance is not a new rule, it was not formerly officially tracked – until the ELD rule.

"Prior to this rule, [personal conveyance mode] did not exist, so adding it in has raised questions [regarding all types of carriers] that need to be clarified, both for the carriers and especially for law enforcement,” said DeLorenzo. 

For more information on the ELD rule posted by the agency, click here

Comments

  1. 1. Dean Hughson [ March 14, 2018 @ 03:41AM ]

    We'll get "final guidance" in 60-90 days for 90 day waiver!

    ELD's are not helping safety. It may correct some issues, but create others. I've never seen such silly or stupid behavior by drivers afraid of a machine.

  2. 2. Terry moeller [ March 14, 2018 @ 04:46AM ]

    Explain who and what is Ag Hauler

  3. 3. Richard Davis [ March 14, 2018 @ 09:17AM ]

    Did the Ag. haulers not hear about this when everyone else did? Why do they need more time and almost everyone else don't? Just something else the Government has screwed up. They are too stupid to care though. Like with almost every other thing they do. Just put it out there, let everyone else worry about it. Let them try and fix it. No-matter how much money it cost them or how many people it hurts or kills.

  4. 4. T. G [ March 14, 2018 @ 09:39AM ]

    without Truck America stops!!! Lets all stop, so they can listen to us.

  5. 5. Carlton Biggs [ March 14, 2018 @ 12:05PM ]

    whenever fully implemented, I will quit. I am not into all this modern technology and am lost with it. After 41 years trucking and making a living, then put me out of a job. this ELD is nothing but companies wanting to force us to buy their product and big companies wanting to put us out.

  6. 6. tracey robinson [ March 14, 2018 @ 12:22PM ]

    your playing favorites with the ag haulers. I will not be controlled by a computer. I will be putting an older truck back on the road

  7. 7. Justin [ March 15, 2018 @ 04:15AM ]

    Long live pre-1999 trucks!!!
    What about exemptions for log haulers,auto haulers,dump truckers,heavy haulers,flatbedders??
    With the issuance of yet another exemption,it is so very obvious that the ELD rule does not work or is in any way beneficial to the professional driver.

  8. 8. George Kalogeropoulos [ March 15, 2018 @ 05:43AM ]

    So much for the safety argument for the proponents of elog! How is safety increased if drivers not hauling ag loads are not required to use an elog?! This rule was wrongfully enacted and is a smokescreen to put small operators out of business! Have you noticed that FMSCA has yet to respond to OOIDAS request that small carriers with a good safety record be exempt from elog?They got over 4000 comments and normally they should grant the request if a company maintains a satisfactory record but they still havent said a thing because it would point out the obvious- that the eld mandate isnt about safety but about big companies putting little ones out of business! How is it safer for an ag hauler to run on paper when every one else has elog? Total hypocrisy...by the government

  9. 9. Tiredofbeingherded [ March 16, 2018 @ 04:43AM ]

    So a cow's life is more important than a humans. And this whole cluster has nothing to do with money?? Sure everyone, this is all about safety and nothing but safety. We all quality for any ag exemption since we are all being herded like sheep. And to all ewue greater than thou commenters who claim that we're just upset because we cant "lie" on our logs any more.... im certainly glad you have a gig that allows you to run stress free and manage your time on that eld. Enjoy it while you can. There will soon be a whole bunch of us come looking for that wonderfull job of yours.

  10. 10. Wiz [ March 16, 2018 @ 05:40AM ]

    I love hearing everyone cry about how awful elogs is. All it does is tell the world how mad you are that you can cheat anymore. I don't know any other industry where people bitch incessantly about wanting to work for more than 14 hours a day.

  11. 11. Fay Walker [ March 16, 2018 @ 12:44PM ]

    My main concern is SAFETY!! You are treating drivers like robots!! WE ARE NOT ROBOTS!! You are forcing a driver to driver while tired, sick, etc. Because of the 14 hour rule, and to sleep 10 hours? WHO SLEEPS 10 HOURS? I might if i'm sick but not every day!! I bet in 2 years when they get the stats for accidents involving trucks, it will be WORSE than it is now!! I have no problem with e-logs themselves, just that stupid 14 hour rule!!! The truck shortage is bad now, just wait it's gonna get worse!!

  12. 12. Richard Davis [ March 18, 2018 @ 12:18PM ]

    Well Wiz!!!! You probably mean " can't " cheat anymore. Doesn't really matter what you meant to say, it is the same old stupid talking point. You don't get it. You're probably not smart enough to get it, if someone tried explaining it to you, if you don't know by now. I don't know where you got that people are complaining about wanting to work more than 14 hours. Maybe the same place you got that everyone that don't want ELDs, cheat. Do you know any other industry or job that tells it's workers that you have to give 2 hours of your time for free???? Do you know any industry/job where workers start to work say at 7 am, but don't start getting paid until 9 am??? Like in the trucking industry.

  13. 13. Ron Boomgaarn [ March 22, 2018 @ 03:03AM ]

    I don't see why agriculture trucks are getting an extension, If they were doing their logs legally they wouldn' need one. Federal regulations Should be used by all or none. If they are allowed to break the rules and federal regulations We all should be able to get extensions. The ELD is a piece of SHIT Anyway. It never works properly. I wish everyone would shut down but they are too many cowards. All talk no show.

  14. 14. DG [ March 27, 2018 @ 02:18AM ]

    Aww, listen to all the jealous, mad swift drivers upset us ag haulers got another exemption. Just because we can be home after our 14hr 45 min day kicked back in our lazy boy watching tv while you guys on ELDs are stuck in some craphole pilot fighting off lot lizards trying to sleep on a balmy night with your failed APU 50 miles from home. Wah wah.

 

Comment On This Story

Name:  
Email:  
Comment: (Maximum 2000 characters)  
Leave this field empty:
* Please note that every comment is moderated.

Newsletter

We offer e-newsletters that deliver targeted news and information for the entire fleet industry.

GotQuestions?

ELDs and Telematics

sponsored by
sponsor logo

Scott Sutarik from Geotab will answer your questions and challenges

View All

Sleeper Cab Power

Steve Carlson from Xantrex will answer your questions and challenges

View All