Do you need a CDL or an ELD?

UPDATE

The omnibus appropriations bill recently passed by Congress prohibits through the remainder of FY18, September 30, 2018, the Department of Transportation (DOT) from enforcing the electronic logging device (ELD) mandate on truckers transporting livestock and insects.

This delay provides the Federal Motor Carrier Safety Administration (FMCSA) more time to educate livestock truckers on ELDs while the industry works on solutions to the current hours-of-service rules that do not currently work for those driving livestock across the country.

A U.S.DOT rule issued in 2015 required truckers of commercial vehicles involved in interstate commerce to replace paper driving logs with ELDs by Dec. 18, 2017. In September 2017, agricultural groups petitioned the agency for a one-year delay of ELD implementation for livestock haulers. In November of 2017 a 90-day waiver from ELD implementation was secured. In March of 2018 there was another successful petition for a 90-day wavier from ELD implementation. The omnibus package provides even more time.

The additional six months provided in the omnibus package allows FMCSA more time to educate livestock haulers on the ELDs while the agriculture industry works on solutions to the current hours-of-service rules, which are difficult to adhere to for those hauling live animals.



 

There has been much confusion, particularly on social media, about farmers being required to have a Commercial Driver’s License (CDL) and using electronic logging devices (ELD). The confusion has not gone unnoticed by Tennessee’s legislators, and they responded by having a joint meeting of the Senate Transportation and Senate Energy, Agriculture, and Natural Resources committees on January 30th, 2018. Representatives from the Tennessee Highway Patrol and Farm Bureau spoke on the issue. To view a brief portion of the hearing and an interview with Caption Brandon Douglas of the Tennessee Highway Patrol – visit our YouTube channel.

The ELD requirement went into effect December 18, 2017.  The ELD mandate was passed in the MAP-21 federal highway funding bill in 2012.  This rule applies to any driver currently required to maintain records of duty status (log books) for hours of service.  Vehicles subject to the hours of service rules are defined as:  vehicles involved in interstate commerce and weigh 1.) 10,0001 or more lbs., 2.) has a gross vehicle weight (GVW) or GV combination rating of 10,001 lbs. or more, or 3.) is transporting hazardous materials in a quantity requiring placards.

The ELD rule does not change or add to the hours of service regulations already in place.  It only requires drivers subject to hours of service to have Automatic On Board Recording Devices (older devices already installed by many motor carriers) if it was installed prior to December 18, 2017 or registered ELDs (newer devices registered by the manufacturer to meet FMCSA specifications of the new rule.)  After December 16, 2019 all drivers must use registered ELDs.

The rumor mill has many farmers wondering if they must comply with the ELD rule after December 18, 2017.  For the typical farmer in Tennessee the answer is no.

There are two types of exemptions in regulations relative to hauling agricultural commodities:  1.) Covered Farm Vehicles and 2.) Agricultural Operations. For more information about these exemptions please see view the Electronic Logging Devices Requirements for Agriculture. (PDF File)

From December 18, 2017  to September 30, 2018 anyone driving agriculture commodities, as defined by the Federal Motor Carrier Safety Administration (FMCSA), is waived from the Hours of Service (HOS) requirements. Once beyond 150 air-miles, HOS requirements [Electronic Logging Devices (ELDs) or log book] may still apply. Drivers must print and have the waiver in their possession, which can be found by clicking here.

Below you will see a decision tree attempting to help farmers make a decision about whether or not you are required to have a CDL or use an ELD.