Amendment to Delay Commercial Truck Driver ELD Mandate Fails in U.S. House of Representatives

Posted September 18, 2017 by Administrator in Transportation | 0 comments

An amendment to delay the roll out of the electronic logging device (ELD) mandate that is slated to go into effect December 17, 2017 was recently defeated in the U.S. House of Representatives. The amendment would have stalled the EDL enforcement date for ten months.

Rep. Brian Babin (R-Texas) was sponsored by Rep. Brian Babin (R-Texas.) The amendment would have restricted funding for enforcement through the 2018 fiscal year, effectively delaying the mandate until September 30, 2018. The amendment was defeated with a 246-173 final vote.

Babin has also filed a bill in the House that will delay the ELD mandate’s enforcement date by two years to December 2019. This bill has been referred to the House of Appropriations Subcommittee on Transportation. The bill is seeking the implementation of the ELD mandate by the Federal Motor Carrier Safety Administration (FMCSA) be delayed for two years to give drivers time to make the transition from paper logs to an electronic logging device.

The purpose of the ELD rule is to create a safer work environment for drivers. It will also make it easier and faster to track and share records of duty status (RODS) information. The ELD will synchronize with the engine of the commercial vehicle to automatically record driving time, making sure that Hours of Service (HOS) records are accurate.

There are exceptions to the ELD mandate. The following drivers are not required, by law, to use an ELD, unless they volunteer to do so.

  • Drivers who use traditional logs no more than 8 days during any 30-day period
  • So called driveaway-towaway drivers (drivers who transport an empty vehicle for sale, lease or repair)
  • Drivers of vehicles manufactured before the year 2000

An evaluation by the FMCSA studied the safety benefits for carriers that utilize an ELD. The FMCSA found that there is an 11.7% reduction in crash rates and a 50% reduction in hours-of-service violations; it is estimated that implementation of the ELD mandate will prevent 1,844 large truck crashes and save the lives of at least 26 people each year.

Motor carriers that meet the agricultural exemption or the covered farm vehicle FMCSA exemptions are not subject to the ELD rule while operating under the terms of the exemption. The duty status of the driver may be noted as either “off-duty” or “exempt.” Click here for more information on the agricultural exemption for the ELD mandate.

This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Marsh & McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors. Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affective if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change.

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