NRMCA Urges Members to Oppose New Federal Proposal on Electronic Logging Devices

In late March, the Federal Motor Carrier Safety Administration (FMCSA) published a proposed rule that would require commercial motor vehicle (CMVs) carriers to install Electronic Logging Devices (ELDs) in all CMVs for the purpose of better complying with federal Hours of Service (HOS) regulations. However, FMCSA’s proposal does carve out an exemption for short-haulers. While NRMCA appreciates FMCSA’s recognition of the difference between short-haulers versus long-haulers, unfortunately the short-haul exemption creates a compliance question for ELDs. FMCSA’s proposal states that short-haulers (those that can take advantage of the 100 air-mile logging exemption) will not be required to purchase, install and use ELDs; provided that if a short-hauler, not using an ELD, comes out of compliance with the 100 air-mile logging exemption and thus needs to fill out a record of duty status (RODS) retroactively for that day; this occurrence (logging) can only be allowed "8 days in any 30-day period".

This provision, as it’s written, is unachievable in the ready mixed concrete industry. Often, there are large construction jobs that occur throughout the year and certainly during busy months when it necessitates mixer drivers working longer days and needing to fill out a RODS daily until the job or the busy months settle down. Under the proposal’s current language, mixer drivers will need to find the resources, make the investments and conduct training, among other things, for ELDs that would only be required for a short period of time each year. The effect of this provision on the ready mixed concrete industry would be very burdensome financially and logistically. As well, requiring this provision runs counter to the intent of the ELD proposal and the recognition of short-haul operations and instead functions as a Trojan horse to require the purchasing, installation and use of ELDs in all trucks regardless of their operation.

NRMCA encourages all member companies to submit comments in opposition to the "8 days in any 30-day period" provision and instead suggest that the short-haul exemption strictly be limited to distance driven (100 air-miles) and not hours on-duty (12-hour threshold). The comment period now ends on Thursday, June 26.