ELD ALERT - REMINDER

As was reported on March 27, the California Highway Patrol (CHP) was going to be conducting a public hearing on Thursday April 5 regarding the rulemaking process to formally adopt the Electronic Logging Device (ELD) rule for interstate operators that operate in California. The April 5 public hearing was part of the formal rulemaking process that California has to undertake when adopting a federal rule. As part of that rulemaking process, parties can request a hearing so they can express their support, opposition or voice their concerns with a proposed rule. Following the hearing, per the rulemaking process, CHP will review the testimony and comments and respond accordingly. CTA provided testimony at the hearing and stated its support position for the rule. 

CTA expects this process to take a few weeks after which this will allow the CHP the ability to formally adopt the ELD rule for interstate operators. In the meantime, the rule is the law of the land for interstate operators and is enforceable unless you are operating under a current exemption or migrating from an EOBR or if you're a purely intrastate operator. The rulemaking process to adopt for purely intrastate operators will commence in the coming weeks, CHP has until February 9th 2019 to adopt for intrastate operators. 

For now, CHP does not have the authority to place an interstate operator who is subject to the rule out of service until the rulemaking process is complete. However, they can and will include noncompliance for the ELD requirement in a motor carrier's inspection report and will send that information to the Federal Motor Carrier Safety Administration (FMCSA). In the meantime if the FMCSA or U.S. DOT representative is at an inspection facility or is conducting a roadside inspection in California they can and will put a vehicle out of service. This is because they have the authority to do so. 

Confusing, yes. However, CTA strongly recommends that you be in compliance with the rule, if you are an intrastate operator don't wait until the February 9th 2019 deadline. CHP could adopt the rule prior to the deadline. Get in compliance! For more information contact Eric Sauer at esauer@caltrux.org.