OOIDA’s request comes just a day after the FMCSA’s announcement of a 90-day ELD mandate delay for ag haulers — including but not limited to those transporting livestock.
Joe Delorenzo, the FMCSA’s Director of Compliance and Enforcement, said in a media briefing that truckers hauling agricultural commodities and livestock would get an additional three months for complying with the ELD mandate. He also added that the FMCSA would publish a notice in the Federal Register about the deadline extension.
There would also be a notice containing new guidelines for livestock haulers in connection with the ELD mandate and Hours of Service (HOS), he added.
OOIDA cited various reasons to justify their exemption request. The two main concerns were:
It is still unclear when the FMCSA will act on OOIDA’s request.
If the FMCSA decides to grant OOIDA’s request, the five-year exemption will go beyond the 90-day extension and will exempt truckers who fall within the Small Business Administration’s (SBA’s) definition of a small business — which has $27.5 million or less in gross annual receipts.
As mentioned in the OOIDA’s request, the exemption would also include carriers that “do not have a Carrier Safety Rating of ‘Unsatisfactory,’ and can document a proven history of safety performance with no attributable at-fault crashes.”
“The exemption would not have any adverse impacts on operational safety, as motor carriers and drivers would remain subject to the regulations (on hours of service),” according to OOIDA.
We believe that there is just not enough time to entertain any such exemption request. Moreover, requests like these have been made in the past by OOIDA, but the FMCSA didn’t grant any significant exemption other than the one given to ag haulers.
The compliance deadline is December 18, 2017. Instead of speculating about whether or not there would be an exemption, carriers should prepare themselves for the ELD mandate.
Buy electronic logging devices today. Otherwise, as the deadline grows closer, an ELD supply shortage and ELD price hike might hamper your implementation process.