(Photo: Aaron Marsh / Fleet Owner)
Joe DeLorenzo, director of FMCSA's Office of Compliance and Enforcement.
Joe DeLorenzo, director of FMCSA's Office of Compliance and Enforcement.
Joe DeLorenzo, director of FMCSA's Office of Compliance and Enforcement.
Joe DeLorenzo, director of FMCSA's Office of Compliance and Enforcement.
Joe DeLorenzo, director of FMCSA's Office of Compliance and Enforcement.

FMCSA: ELD mandate will have grace period, agricultural exemption

Nov. 21, 2017
Agency to issue guidance on personal conveyance, agricultural hauler use of ELDs

The electronic logging device (ELD) mandate will take effect Dec. 18 as scheduled, the Federal Motor Carrier Safety Administration reiterated in a media briefing Monday afternoon, but there's an enforcement grace period as well as a new temporary exemption for agricultural haulers.

Acknowledging that many questions have come up regarding ELDs, "we are ready to go and move forward with implementation" of the mandate, said Joe DeLorenzo, director of FMCSA's Office of Compliance and Enforcement. But the agency is looking to make the transition as smooth as possible, he added.

In that vein, the Commercial Vehicle Safety Alliance announced several months ago that once the mandate is in force, commercial vehicles will not be placed out of service for not having an ELD (or device conforming to older automatic on-board recording device, AOBRD, standards) — at least not for a few months yet. It also won't count against the carrier's record.

For commercial drivers required to be keeping track of their hours of service (HOS) and record of duty status, enforcement officers will be looking to see that drivers have proper logs and are in compliance with HOS requirements. From Dec. 18, 2017 through April 1, 2018, drivers who aren't using an ELD but have paper logs in order will receive a citation but won't be placed out of service.   

The carrier will know a violation happened, DeLorenzo noted, but that's about it — the violation won't count against the carrier's Safety Measurement System score maintained by the Dept. of Transportation.

"That's how we imagine the scenario going," he said. "Then starting April 1, 2018, we'll move into regular enforcement," he pointed out, so a commercial driver will be taken off the road for not using an ELD or a grandfathered-in AOBRD device, the latter of which provides a two-year extension to get an ELD by Dec. 2019.

In addition, DeLorenzo said FMCSA will issue guidance "in the next few weeks" about personal conveyance, which allows a driver to operate a commercial motor vehicle for his or her personal use without it counting against available on-duty drive time.

Personal conveyance has caused a good deal of confusion among fleets and trucking companies as far as what's allowable and what, if any, limitations should be placed on it. Nothing has changed with the ELD mandate regarding personal conveyance, but FMCSA's guidance will be intended to provide usage examples and clear up questions on the matter.

Notably, DeLorenzo said the guidance will address when and how a driver can use the commercial motor vehicle for personal use outside the Hours of Service requirements — even when the vehicle is loaded.

Agricultural hauler exemption

FMCSA has had "a lot of discussions" with the agriculture industry about using ELDs, DeLorenzo said, and livestock haulers in particular.

"We do feel that at this time, those items require us to give a little further consideration," he noted, and FMCSA is granting a 90-day waiver starting Dec. 18 exempting agricultural product transporters from having to use ELDs.

"They will continue like they are today with the same Hours of Service rules and report their hours of service on a paper record of duty status," DeLorenzo explained.  

During the 90-day waiver period, FMCSA will publish additional guidance on agricultural haulers' use of ELDs and get public comments. Current HOS rules allow agricultural commodities to be transported within a 150-air-mile radius of their source exempt from HOS requirements.

The guidance will "provide clarity on two specific issues" including how that 150-air-mile radius works. It also will discuss how empty miles and loading/ unloading time related to agricultural product transportation are exempt from HOS regulations.  

"We'll be asking some questions as to what exactly is the source [of agricultural products] and whether you can have more than one source on any given day or any given trip so that we can provide the most flexibility for agricultural transporters," DeLorenzo added.  

About the Author

Aaron Marsh

Before computerization had fully taken hold and automotive work took someone who speaks engine, Aaron grew up in Upstate New York taking cars apart and fixing and rewiring them, keeping more than a few great jalopies (classics) on the road that probably didn't deserve to be. He spent a decade inside the Beltway covering Congress and the intricacies of the health care system before a stint in local New England news, picking up awards for both pen and camera.

He's written about you-name-it, from transportation and law and the courts to events of all kinds and telecommunications, and landed in trucking when he joined Fleet Owner in July 2015. Long an editorial leader, he's a keeper of knowledge at Fleet Owner ready to dive in on the technical and the topical inside and all around trucking—and still turns a wrench or two. Or three. 

And he's never without a camera, or so rumor has it.

Sponsored Recommendations

Stop Sweating Temperature Excursions

Advanced chemical indicators give you the peace of mind that comes from reliable insights into your supply chains. Compromised shipments can be identified the moment they arrive...

How Electric Vehicles Help You Prolong the Life of Your Fleet

Before adopting electric vehicles for commercial/government fleets, prioritize cost inquiries. Maintenance is essential; understand the upkeep of EV fleets. Here’s what you need...

How to Choose the Right Route Planning Solution

This free buyer's guide will help equip you with the knowledge and insights needed to analyze route planning software and vendors in the market and, ultimately, make an informed...

How to Put Your Trucking Data to Work

How fleets can overcome data overload to optimize operations and get ahead.

Voice your opinion!

To join the conversation, and become an exclusive member of FleetOwner, create an account today!