By Julie Tomascik
Editor
The Federal Motor Carrier Safety Administration (FMCSA) is asking for input on the Electronic Logging Device (ELD) mandate.
Farmers, ranchers and commodity haulers have the opportunity to submit comments on the hours of service provision included in the ELD mandate. Clarification is needed from the agricultural industry on what the definition of a “source” should be for hauling agricultural products and livestock.
“A ‘source’ by our definition should include grain elevators and livestock markets, even though they are not explicitly included in agricultural exemptions under FMSCA regulations,” Laramie Adams, TFB national legislative director, said. “This would extend the distance a driver can cover during their allotted hours of service, which would allow them to better deliver their load in a safe and timely manner.”
Adams urges those who would be impacted by the ELD mandate to voice their concerns during this comment period.
Comments may be submitted online via VoterVOICE on Texas Farm Bureau’s website through Feb. 20.
TFB has submitted comments to FMCSA, seeking clarification before the 90-day waiver for agricultural commodities expires and stressing the hours of service records should begin at the last loading source for commodity loads originating from multiple points.
“Farmers transport grain from the harvest field to storage warehouses or elevators. Drivers then routinely load grain from these locations for delivery to buyers,” TFB said in the written comments. “These off-farm grain storage facilities, many of which are owned by farmers, are vital to agriculture and their exclusion as a commodity source would cripple the agricultural industry.”
Livestock markets, the organization noted, are scattered throughout rural America. Buyers may need to purchase cattle at multiple markets in order to fill a specific order. The driver must coordinate pickup at each location prior to proceeding to the final destination.
“Without identifying livestock markets as a source, the driver may not be able to fulfill the load and still have enough hours of service available to reach the final destination,” Adams said. “That impacts commerce and animal welfare. It is crucial for livestock and commodity haulers to retain the flexibility needed to continue successfully fulfilling their jobs. Our farmers and ranchers rely on these drivers daily to feed a growing population.”
The 90-day waiver expires March 18. At that time, ELDs are mandated under FMCSA regulations unless you qualify for an exemption.
what about ag teachers and county agents hauling animals to and from major livestock shows is that going to affect them in any way?
Hi Curtis – bottom line, this should not affect those folks. Each scenario will be different and open to interpretation by a DPS officer, should one pull you over and ask questions. There are a bunch of ways that “Agriculture” use can be exempt from the rule and another exemption for people that just occasionally pull a truck and trailer for personal use. With that said, it’s a work in progress and each state has the ability to enforce it a little differently due to state laws.
what about ag teachers and county agents hauling animals to and from major livestock shows is that going to affect them in any way?
If safety is the issue here why have a federal mandate. All insurance should have a handle on unsafe issues and claims. The burden should not be held to all. This will regurgitate as higher costs and shutdowns due to costs therefore ultimately the main goal is government control and money along with higher costs for the consumer of all transported goods.
The rules appear vague and broad, which of course will cost those of us who may be subject to one law officer’s interpretation. Why not get it right before there’s ANY enforcement—too much to ask of our lawmakers? If I’m hauling my livestock to a sale out of state and my truck & trailer is over the regulation weight—what then? What if I’m delivering horses I’ve sold? Is anyone anyone pulling a living quarters with several personal horses headed to an out of state trail ride subject to being pulled over and ticketed?i don’t think enough thought was given to the total picture