Electronic Logging Devices (ELD) American Beekeeping Federation Bill Mahorney, Chief, Enforcement January 10th, 2018

Background 2012 Highway Reauthorization Bill “Moving Ahead for Progress in the 21st Century” (MAP-21) section 32301 Required that FMCSA develop a rule mandating the use of electronic logging devices (ELDs) FMCSA published Final Rule December 16, 2015 No changes made to the hours of service regulatory requirements in the ELD final rule

Four Major Components of ELD Rule Requirements for the mandatory use of ELDs by most drivers currently required to prepare Record of Duty Status (RODS) Minimum performance and design standards (Technical Specifications) for ELDs Requirements for Hours of Service (HOS) supporting documents Measures to prevent harassment through the use of ELDs Federal Motor Carrier Safety Administration

What is an ELD? A device that: Automatically records a driver’s driving time Facilitates the accurate recording of the driver’s hours of service Meets the minimum technical specifications of the ELD rule listed in Appendix A to Subpart B of Part 395 Is integrally synchronized with the engine of the commercial motor vehicle (CMV) Must be registered with FMCSA – manufacturers self- certify Can transfer data electronically to safety officials

Who is required to use an ELD? Interstate CMV drivers currently required to keep paper records of duty status (RODS) Subject to requirements in 49 CFR 395 Drivers of CMVs defined in 49 CFR 390.5 ≥ 10,001 pounds Placarded hazmat More than 8 or 15 passengers

Exemptions 100 air-mile radius drivers 150 air-mile radius non-CDL property carrying drivers Required to prepare paper RODS for not more than 8 days during any 30-day period Conducting “drive away-tow away” operations in which the vehicle being driven is part of the shipment or the vehicle being transported is a motor home or recreation vehicle trailer Driving vehicles manufactured before model year 2000

90 Day Agricultural ELD waiver 90 Day Waiver Granted from 12/18/2017 to March 18, 2018 Provides time for FMCSA to consider use of ELDs in some Agricultural Sectors For ELD use only, Not HOS rules For use of ELDs ONLY, NOT HOS In the publics best interest, and is likely to achieve a equivalent level of safety, based on research and data

Conditions of 90 Day waiver From 12/18 to 3/18 only Applies to transporters of Agricultural commodities (395.1(k)(1)) only, regardless of distance travelled, transporting Agricultural commodities defined in 395.2 HOS rules still apply (and all of 390-399) Carrier must have a Satisfactory Rating or be unrated A copy of the Federal Register Notice must be in vehicle Carriers subject to the waiver must provide Crash Notification to FMCSA w/in 5 days

49 CFR part 395.1(k)(1) (k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as determined by each State, to drivers transporting Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source FMCSA anticipates a decision prior to the expiration of the 90 day period.

49 CFR Part 395.2 Agricultural commodity means any agricultural commodity, nonprocessed 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). FMCSA anticipates a decision prior to the expiration of the 90 day period.

Proposed Regulatory Guidance re: Agricultural Commodities Goal: to clarify the applicability of the HOS Agricultural commodity exemption COMMENTS ARE DUE 1/18/2018 https://www.fmcsa.dot.gov/regulations/rulemaking/2017-27310 Exemptions are Based on Statute (National Highway System Designation Act or 1995, SAFETEA-LU, MAP-21 Issues Laden v. Unladen Trips beyond 150 air-mile radius Source of commodities v. multiple sources Expanded by statute from 100 miles to 150 miles

Proposed Regulatory Guidance re: Agricultural Commodities Scenario: Does the Agricultural exemption (395.1(k)(1)) apply to drivers while driving unloaded to a source where an agricultural commodity will be loaded, and to an unloaded return trip after delivering an agricultural commodity under the exemption? Proposed Guidance: Yes, provided the trip does not include transporting other products, and the sole purpose is to deliver agricultural commodities defined in 395.2 Encourage group to comment on proposal

Proposed Regulatory Guidance re: Agricultural Commodities Scenario: Does the Agricultural commodity exemption (395.1(k)(1)) apply if the destination for the commodity is beyond the 150 air mile radius from the source? Proposed Guidance: The exception applies to transportation during the initial 150 air mile from the source. HOS time begins beyond the 150 mile threshold, until they get back within the 150 air mile radius if returning to original source. If not returning to original source, HOS rules continue to apply.

ELD Rule Implementation Timeline The rule is being implemented in three phases over a four-year period:

Contact Information Visit the website www.fmcsa.dot.gov/elds Sign up for the ELD newsletter to receive email updates Visit the Training and Events section for upcoming opportunities hosted by FMCSA Public email questions to: ELD@dot.gov Law enforcement email questions to: ELDenforcement@DOT.GOV FAQs: https://www.fmcsa.dot.gov/hours-service/elds/faqs Registered and revoked ELDs: https://3pdp.fmcsa.dot.gov/ELD/ELDList.aspx Harassment complaints file at: http://nccdb.fmcsa.dot/gov

Federal Motor Carrier Safety Administration Conclusion During Phase II Carriers can use: Grandfathered AOBRDS ELDs Phase II began December 18, 2017 Training is available at: https://www.fmcsa.dot.gov/hours- service/elds/training-and-events Policies are located in the eFOTM (FMCSA reading room) Federal Motor Carrier Safety Administration