Ag haulers may reap tailored ELD rules

Transportation Secretary Elaine Chao encourages legislative action clarifying the electronic logging device mandate.    Transportation Secretary Elaine Chao encouraged House appropriators Thursday to work with stakeholders and take legislative action to clarify application of the existing electronic logging device (ELD) mandate, specifically for agriculture transporters.
   Designed as a replacement for traditional paper logbooks, an ELD synchronizes with a vehicle engine to automatically record driving time. Federal safety regulations limit the number of hours commercial drivers can be on duty and still drive, as well as the number of hours spent driving. These limitations — known commonly as hours-of-service rules — aim to prevent truck and bus drivers from becoming fatigued while driving and require that drivers take breaks and have sufficient rest before returning to work.
   Rep. David Valadao, R-Calif., during a hearing of the House Appropriations Transportation Subcommittee on the Transportation Department’s proposed fiscal year 2019 budget, said a trucking company recently informed him of a situation in which police pulled a trucker over and, as a result, live animals were stuck in a truck on the side of the road for more than eight hours.
   “That’s not a situation we want to have,” Valadao said.
   DOT’s Federal Motor Carrier Safety Administration (FMCSA) on March 18 implemented its second 90-day waiver from the ELD mandate for agriculture-related transportation.
   “We will do as much as we can within the intent of that statute, but we are limited in what we can do,” Chao said, adding later in the hearing, “I don’t know if you can do 90 days forever.”
   In March, Agriculture Secretary Sonny Perdue indicated that the current 90-day extension allows DOT more time to issue guidance on hours of service and other ELD exemptions troublesome for agriculture haulers.
   Rep. David Young, R-Iowa, suggested separate, permanent hours-of-service and ELD regulations be tailored for different goods categories, including livestock.
   “I’m certainly very open and willing to work on this issue,” Chao said. “I think it would also help if members worked with other stakeholder groups that feel very differently as well because this is obviously a difficult issue. There are opinions on … multiple sides. The hours of service is an issue, and I’ve actually encouraged legislative action on clarifying that.”
   Rep. David Joyce, R-Ohio, expressed concern with a lack of enforcement of laws requiring preference be given to U.S. flag vessels for carrying exports.
   Chao said she wasn’t aware of any issues on that front and noted that the Maritime Security Administration’s Maritime Security Program funding recently has increased.
  “The cargo preference enforcement, I think, by this department, has been enforced,” she said. “We never refuse help from appropriators.”
   Joyce explained his concern that the U.S. maritime industry and sealift capacity have “reached a diminished state” and that if the United States loses more ships and mariner, it will lose some ability to support its armed forces.
   He asked what additional resources DOT needs to strengthen the U.S. flag fleet.
   Noting she would meet with Joyce’s office to work toward a solution, Chao said: “It’s been a long-term issue for many years. At the very least, I think we can, right now, hold the line, protect the Jones Act, [and] protect cargo preference.”