By Jennifer Whitlock
Field Editor
A bill up for reconsideration in the U.S. Senate seeks to reform hours of service (HOS) and electronic logging device (ELD) regulations for agricultural haulers.
The bipartisan legislation, the Modernizing Agricultural Transportation Act, would also delay enforcement of ELD rules by the U.S. Department of Transportation (DOT) until the Secretary of Transportation establishes a working group to study regulatory and legislative improvements for the livestock, insect and agricultural commodity transport industries and implements reforms based on the group’s recommendations.
Sen. John Hoeven (R-N.D.) and Sen. Michael Bennet (D-Colo.) co-sponsored the bill, which they first introduced during the 116th U.S. Congress in 2019.
“We’ve worked to provide needed certainty and flexibility to our agricultural haulers under the HOS and ELD regulations so that they can get their products to market safely and efficiently,” Hoeven said in a statement. “This legislation builds on our efforts, establishing a process to address unnecessary burdens under these regulations and advance reforms based on the input of agriculture producers, while also ensuring roadway safety is maintained.”
Farmers, ranchers, agricultural haulers and other stakeholders, including American Farm Bureau Federation (AFBF) and Texas Farm Bureau (TFB), have long voiced concerns about HOS and ELD requirements.
Rules regarding HOS, meant to increase safety on America’s roadways, did not take into consideration animal welfare when hauling livestock or other live animals, according to AFBF.
As a result, ELD regulations for agricultural haulers have been delayed by multiple waivers since the rule was first introduced by DOT’s Federal Motor Carrier Safety Administration (FMCSA).
Agricultural organizations are hopeful the Modernizing Agricultural Transportation Act will address concerns related to ELD and HOS.
“Farmers and ranchers need the ability to transport our animals to market safely and securely,” AFBF President Zippy Duvall said. “This legislation creates a framework for producers to work directly with the Department of Transportation to address the challenges surrounding Hours of Service and the Electronic Logging Device mandate.”
The working group Hoeven and Bennet want to establish under the bill would include representatives from DOT, U.S. Department of Agriculture (USDA), state departments of agriculture and transportation, highway and commercial motor vehicle safety organizations, farmers and ranchers and commercial motor vehicle operators, such as small business operators and independent agricultural haulers.
They would be required to consider the impact of existing HOS regulations on agricultural haulers and develop guidelines for regulatory or legislative actions to improve safety and efficiency in the transport of livestock, insect and agricultural commodities.
Once recommendations have been made, the Transportation Secretary would have 120 days to propose regulatory changes that take into account the group’s findings.
Other legislators who co-authored the bill are Sens. Steve Daines (R-Mont.), Tina Smith (D-Minn.), Mike Rounds (R-S.D.), Mike Crapo (R-Idaho), James Risch (R-Idaho), Joni Ernst (R-Iowa), Mike Braun (R-Ind.) and Roger Marshall (R-Kans.).
AFBF, National Pork Producers Council, National Cattlemen’s Beef Association, Livestock Marketing Association, National Association of State Departments of Agriculture, American Sheep Industry Association and National Turkey Federation have issued statements of support of the legislation.
View the one-page bill summary. The full text is available here.