U.S. Legislative News

FMCSA to Announce Additional ELD Transition Guidance

On November 20, 2017, the Federal Motor Carrier Safety Administration (FMCSA) announced that in advance of the December 18, 2017, implementation of the Congressional-mandated electronic logging device (ELD) rule, and to further facilitate transition to the rule by motor carriers, the Agency will be providing guidance related to enforcement procedures during the ELD transition. These will include a 90-day temporary waiver from the ELD requirement for transporters of agricultural commodities, formal guidance specifically pertaining to the existing Hours-of-Service exemption for the agricultural industry, and guidance on the "personal conveyance" provision.

FMCSA will also provide guidance on the existing 150 air miles hours-of-service exemption in order to provide clarity to enforcement and industry. The guidance is designed to allow industry to maximize the use of this statutory exemption. The agency said it will consider comments received before publishing final guidance.

"FMCSA has listened to important feedback from many stakeholder groups, including agriculture, and will continue to take steps to ease the transition to the full implementation of the ELD rule," said FMCSA Deputy Administrator Cathy F. Gautreaux.

For more information on ELDs, click here.

Safety Advocates Take Issue with ELD Exemption Requests

The Owner-Operator Independent Drivers Association (OOIDA) has asked the Federal Motor Carrier Safety Administration (FMCSA) to give some small carriers an exemption of at least five years from the federal rule on electronic logging devices (ELDs). Currently, carriers must comply by December 18. "Motor carriers who meet the exemption criteria would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by installing an ELD," OOIDA's Executive Vice President, Todd Spencer, wrote in a petition to FMCSA.

Advocates for Highway and Auto Safety (Advocates), a consumer safety organization, strongly opposes what it sees as "special interest exemptions" to the ELD rule like the one OOIDA is seeking or the one issued on November 20 for agricultural interests. Citing the rising number of traffic deaths, the ongoing problem of driver fatigue and the requirement's estimated cost savings, Advocates said in a statement, "Each day that the ELD rule is not fully in effect is a day where all road users are needlessly placed in additional danger." They also argued that "Members of the trucking industry have known about this rule for years and have had ample time to prepare for it. Exemptions will compromise the effectiveness of the rule, jeopardize safety, and make it difficult for law enforcement to enforce."

Trump Eyes January 2018 for Rollout of Infrastructure Proposal

White House officials say President Trump will release his long-promised infrastructure proposal in early January 2018. Trump promised during his campaign to introduce a $1 trillion proposal within his first 100 days in office, but failed efforts to overhaul health care and the ongoing tax reform effort have largely dominated the president’s and Congress’ attention. The transportation rollout is expected to take the form of a detailed document of principles, rather than a drafted bill, for upgrading roads, bridges, airports, and other public works. Officials say the plan will call for allocations of $200 billion in federal funds over 10 years to spur at least $800 billion in spending by states, localities, and the private sector.

Specifically, White House aides said additional federal funding would be available on a competitive basis for states and localities that submit plans outlining how they plan to raise new revenue dedicated to infrastructure. Jurisdictions could raise their gas or sales tax rates, for example, or increase revenue flowing to infrastructure projects in a variety of other ways, such as imposing new tolls on roads or selling off existing assets to the private sector to generate money for new projects.

Infrastructure advocates are skeptical that a Republican-controlled Congress will embrace a spending plan with adequate federal funding following passage of a tax bill. Further, some governors and mayors have already taken shots at the proposal’s guiding principle, arguing that they’re doing their fair share and that much more federal funding is needed to meet what the American Society of Civil Engineers has estimated to be a $2 trillion funding gap for infrastructure by 2025.