Showing posts from tagged with: trucking legislation

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

Posted September 18, 2017 by Administrator

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.

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Weight Limit Exemption for Dairy Truck Drivers

Posted April 25, 2017 by Administrator

A recent federal regulation now allows states to adjust how they treat milk trucks versus other haulers. This amendment to the Fixing America’s Surface Transportation (FAST) Act authorizes states to issue special permits to milk truck drivers regarding weight limits as well as treat their dairy cargo as a non-divisible load.

One state, Connecticut, has already taken advantage of this revision. Prior to the change in law, Connecticut milk haulers had to travel with their trucks at 80 percent capacity. This meant it required five trucks to haul four trucks worth of milk. This provides two significant benefits:

  • Small and mid-sized farmers can now use the full capacity of their dairy trucks, which helps them save money
  • More economic use of milk trucks means less traffic on state roads

Exemption Improves Road Safety

While helping dairy farmers save money is a considerable benefit, improving road safety is a much farther-reaching advantage. Traffic congestion is not only aggravating, it is a major source of risk to truck drivers and passenger vehicle alike. Commercial motor vehicles (CMVs) are harder to maneuver and bring to a complete stop than passenger vehicles. While CMV drivers can do their part to ensure they are following safe driving practices, they cannot account for how other vehicles will drive around them.

Reducing the number of trucks to deliver the same amount of cargo is a necessary step for improving road safety.  It is vital for dairy farmers and milk truck drivers to stay up to date with which states are cashing in on this amendment to the FAST Act. Dairy haulers often cross state lines, so they need to ensure their cargo weight meets each state’s rules. To stay up to date with the latest federal regulations affecting agribusinesses, contact the experts at Cline Wood.

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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Webinar: New DOL Standards Pose Challenges for Trucking Companies

Posted October 6, 2016 by Administrator

Join Cline Wood and Roberts Perryman as we discuss the challenges facing the trucking industry in light of new Department of Labor regulatory standards. Effective December 1, the new DOL standards regarding payment of overtime will affect most trucking industry occupations. This includes drivers, mechanics, dispatchers, sales and recruiters. Subject matter expert Ted L. Perryman will address the impact on your trucking business and more. Topics include:

* FLSA Overtime Changes man and truck
* Criminal Background Checks
* Misclassification
* Whistle Blower Litigation
* Retaliatory Discharge

Date & Time: Wed, Oct 19, 2016 12:00 PM – 12:30 PM CDT

Register at https://attendee.gotowebinar.com/register/1805350090969271812

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