Waiver and limited exemption sought from the Electronic Logging Device mandate while definitions such as the "source" of ag commodities are solidified.

Jacqui Fatka, Policy editor

February 24, 2018

3 Min Read
Livestock groups seek guidance on DOT’s hours of service rules
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Livestock groups urged the U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) to issue clarifying guidance on the DOT’s Hours of Service (HOS) rules for livestock haulers.

In a letter submitted to DOT Secretary Elaine Chao and FMSCA Administrator Raymond Martinez, the organizations urged the DOT to grant livestock haulers a waiver and limited exemption from a mandate that they install Electronic Logging Devices (ELDs) on their trucks until HOS rules are aligned with the animal welfare requirements of the livestock industry.

Under the current provisions of the HOS rules, commercial motor vehicles transporting livestock are exempt from logging requirements if they’re driving within a 150 air-mile radius of the location at which the animals were loaded. However, the exemption is not uniformly recognized and its implementation varies by state.

The DOT granted a 90-day waiver – until March 18, 2018 -- to livestock haulers from complying with the ELD mandate following the receipt of a letter signed livestock groups late last year.

While the industry continues to believe a delay of enforcement with respect to the electronic logging device mandate is essential to prevent catastrophic outcomes for stakeholders, the live animals hauled and American consumers, the industry is thankful to the agency for continued focus on addressing underlying hours of service concerns.

Related:DOT grants livestock haulers ELD waiver

The 150-air mile agricultural commodity exemption described in 49 CFR 395.1(k)(1) can be a useful tool for haulers. Unfortunately, the exemption can only be used in many states during certain times of year. These times of year vary from state-to-state, making uniform application and use of the exemption impossible. Until recently, many livestock haulers and state law enforcement agencies were unaware of the application of the 150-air mile agricultural commodity exemption to livestock. With this new awareness comes additional need for clarity with respect to application in practice. This need for clarity is particularly more pressing when coupled with the unforgiving realities of using ELD technology.

The Moving Ahead for Progress in the 21st Century Act or "MAP-21" amended the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. § 31136 note) to state that regulations regarding maximum driving and on-duty time for drivers do not apply to "[d]rivers transporting agricultural commodities from the source of the agricultural commodities to a location within a 150-air-mile radius from the source." As a result, 49 CFR 395.1(k)(1) was promulgated. Live animal haulers can utilize the flexibility contemplated by the regulation as their cargo is defined as an "agricultural commodity" under 49 CFR 395.2. An agricultural commodity is "any agricultural commodity, non-processed food, feed, fiber or livestock (including livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S. C. 1471] and insects)."

Related:Livestock producers receive waiver on hours of service rule

"We again urge the agency to grant a waiver and limited exemption from the Electronic Logging Device mandate while definitions such as the "source" of agricultural commodities are solidified," the letter said in conclusion. "This delay will enable FMCSA and the live animal hauling industry to undertake necessary training and outreach to fully understand and apply existing flexibilities and how they function with the new ELD devices."

About the Author(s)

Jacqui Fatka

Policy editor, Farm Futures

Jacqui Fatka grew up on a diversified livestock and grain farm in southwest Iowa and graduated from Iowa State University with a bachelor’s degree in journalism and mass communications, with a minor in agriculture education, in 2003. She’s been writing for agricultural audiences ever since. In college, she interned with Wallaces Farmer and cultivated her love of ag policy during an internship with the Iowa Pork Producers Association, working in Sen. Chuck Grassley’s Capitol Hill press office. In 2003, she started full time for Farm Progress companies’ state and regional publications as the e-content editor, and became Farm Futures’ policy editor in 2004. A few years later, she began covering grain and biofuels markets for the weekly newspaper Feedstuffs. As the current policy editor for Farm Progress, she covers the ongoing developments in ag policy, trade, regulations and court rulings. Fatka also serves as the interim executive secretary-treasurer for the North American Agricultural Journalists. She lives on a small acreage in central Ohio with her husband and three children.

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