A few weeks before the April 1 deadline, FMCSA officials speak on ELD rule

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With the April 1 enforcement tightening of the Electronic Logging Device mandate just a few weeks away, two top officials at the Federal Motor Carrier Safety Administration took to a webinar Monday to clarify what they acknowledged were areas of confusion that still exist almost three months after the ELD rule kicked in.

The webinar featured Bill Mahorney, FMCSA division chief and La Tonya Mimms, a FMCSA transportation specialist. It was sponsored by Teletrac Navman, an ELD manufacturer.

An unscientific poll at the beginning of the webinar–there was no indication how many people were listening, or how many voted–asked respondents what concerned them most about the ELD rule. What was surprising was what came in last: the Hours of Service rule. Criticism has been lobbed at the ELD rule, not so much because of the rule itself, but with an unforgiving digital record of virtually every movement a trucker makes in the permitted 14 hours, a driver attempting an evasion of the rule, no matter how minor, needs to confront the fact that there will be firm evidence of that. 

In the poll, the biggest area of concern was the April 1 deadline itself, with 25% of the respondents voting for that as their biggest concern. Understanding Exemptions to the ELD rule was 23%; using the ELD itself was 22%. Hours of Service was behind a few other categories with just 13%. Interpreting those numbers can be dangerous, but it could be that somebody voluntarily choosing to listen to a webinar about a rule’s enforcement is going to be focused more on the specific rule in question, rather than long-standing mandates that have not changed with the ELD rule and April 1 enforcement.

Among the key points made during the webinar–questions were sent in separately–there was immediate focus on the agricultural exemption rule. Mahorney conceded that there has been great confusion about it, and FMCSA posted clarifications to it, rather than new rules, in the Federal Register in recent weeks. 

Under the agricultural exemption, moving agricultural commodities in a 150 air mile radius, or about 172 miles point-to-point over the road, is an activity that is exempt from the ELD mandate. “”It’s as if you’re not working at all,” Mahorney said. But even within that seemingly simple rule, there are complications. For example, if a driver moves an agricultural product from farm to market, that’s exempt under the 150 mile rule. But if the commodity is then moved to an agricultural dryer, Mahorney said, the ELD mandate kicks in moving from the market to to the dryer. 

Among the other rules discussed:

Mahorney wrapped up the webinar with a stark statement. “April 1 is when this will fully kick in,” he said. “After April 1 you will be put out of service if you’re supposed to have an ELD and you do not. If you are currently required to prepare a paper record, you have to have an ELD. It’s as simple as that.”

He also noted that what he said were 95% of the questions that are asked by people about the rule can be answered by looking at the various Q&A areas on the FMCSA website. “So maybe it’s not as bad as you think it’s going to be,” he said.

 

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