ELD Delay for Livestock Haulers Extended, Petition to FMCSA
CR Transportation document for trucks Congress has not been able to pass the conference report on the last minibus package (HR 6147) that includes- the four bill package of (Agriculture/Interior/Financial Services/Transportation). However, they have just passed (H.R. 6157) which would provide $674.4 billion in defense appropriations and $178.1 billion for various Labor, Health and Human Services, and Education programs. The Senate passed the measure 93-7 last week. It includes a continuing resolution that would extend funding for those agencies not covered by completed appropriations bills (AG and THUD) through Dec. 7. The President has said he will sign this bill package to avert a shutdown.
This Continuing Resolution (CR) continues the current programs and funding of those programs until December 7, 2018. This means that the ELD exemption for livestock haulers is still in place until December 7, 2018. At that point, Congress will either need to do yet another extension (CR) or pass the last minibus package which includes our eld delay for livestock haulers. This delay language would give livestock haulers an exemption from elds until September 30, 2019.
**This is the language included in H.R. 6147: Sec. 195. None of the funds appropriated or otherwise made available to the Department of Transportation may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock, as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
As to the paperwork they should carry in their trucks to provide proof of this delay, the CR language can be found here.
On another note, NCBA has been working with a firm to finalize the petition for an exemption from Hours of Service. This petition would be for a 15-hour drive time (when loaded with livestock) and if granted livestock haulers who have completed a driver fatigue management training (similar to BQA Transportation) would be allowed a 15-hour drivetime with 16 hours of on duty and then a 10-hour rest. This exemption would be granted for five years. The next step at that point is for FMCSA to do an assessment of the safety record during this time and hopefully open-up a rulemaking process to solidify the 15-hour drivetime. (the process would be similar to the one that exempts us from the 30 minute rest break rule) NCBA hopes to file this petition with FMCSA the second week of October. We also have gathered support for the petition from both Senate Commerce Comm. and many House Members. Both House and Senate would like to send letters of support for the petition to FMCSA. Once the petition is finalized, I will send it out via an affiliate update.
NCBA also continues to work with Senate Commerce Comm. staff to find a path forward on the back end 150 air mile exemption for ag commodity haulers. This is still something that we will continue to pursue, knowing that the current 150 on the front end, an additional 150 on the backend, and a 15-hour drive time adds up to the ideal scenario for a large majority of the hauls that take place.
Source: Allison Rivera, Executive Director Government Affairs, National Cattlemen’s Beef Association