Today’s Pickup: OOIDA asks states to review ELD enforcement

 OOIDA has asked states to review enforcement procedures for the ELD mandate, citing concerns over confusion of the law. ( Photo: Shutterstock )

OOIDA has asked states to review enforcement procedures for the ELD mandate, citing concerns over confusion of the law. (Photo: Shutterstock)

Good day,

The Owner-Operator Independent Drivers Association (OOIDA) has issued a letter to state attorneys general in all states asking them to review potential problems surrounding upcoming enforcement of the electronic logging device mandate.

The Indiana attorney general has already requested a delay in enforcement from FMCSA, citing issues with the rule. OOIDA also sent the letter to representatives in each state for the Motor Carrier Safety Assistance Program, the federal grant program that provides financial assistance to states.

OOIDA claims that public statements made by FMCSA, the Commercial Vehicle Safety Alliance, various state enforcement agencies, and others demonstrate that there is a widespread misunderstanding of the legal obligations imposed upon motor carriers and drivers under the ELD regulations, particularly older model trucks.

“The FMCSA website offers confusing and contradictory information on what models of trucks are obligated to employ ELDs under the rule,” said Todd Spencer, executive vice president.

According to the letter, OOIDA reached out to 15 state’s to ask about uniformity in enforcement. “There was none,” the letter stated. “The states have taken positions that range from following the plain language of the rule, to following FMCSA’s guidance, to an approach similar to CVSA’s and, in some cases, to taking no position yet.”

The letter also addresses privacy of data, saying that the mandate will increase the amount of data law enforcement has access to, and states need to address statutues to deal with this.

“The mandate provides no safety, economic, or productivity benefits for most ensnared by the mandate,” said Spencer.  “With so many unanswered questions with exemptions and use of electronic data, an immediate delay is highly warranted to avoid wasted resources and costly disputes within the enforcement and carrier community.”

Did you know?

According to the American Trucking Associations, large fleet driver turnover in the third quarter rose 5 percentage points to 95%. Small fleet turnover (less than $30M in revenue) dropped 2 points to 84%.

Quotable:

“Fleets continue to tell us that competition for good, safe and experienced drivers is fierce, pushing wages higher in hopes of attracting the best talent. However, unless steps are taken to make it easier for individuals to pursue careers in trucking, demand for drivers will continue to outstrip supply – eventually even leading to supply chain disruptions.”

- Bob Costello, ATA chief economist

In other news:

Technology lures younger drivers

Trucking executives testified to House lawmakers yesterday that technology such as safety features and communication tools help lure younger drivers to the industry. (Transport Topics)

ATA challenges RI toll environmental report

The ATA and the Rhode Island Trucking Association have challenged an environmental report that says adding truck-only tolls in RI would have no environmental impact. (Heavy Duty Trucking)

Small fleet ELD adoption rises

A new report issued last week by CarrierLists says that 72% of small fleets are now in compliance with the ELD mandate. (CCJ)

U.S. imposes 20% tariff on Canadian lumber

The U.S. has imposed a 20% tariff on Canadian softwood lumber, increasing pressure on Canada and potentially impacting lumber prices in the U.S. (Wall Street Journal)

Intermodal volume rises

U.S. intermodal rail traffic remains on a record pace this year after posting a 3.8% gain in November, the Association of American Railroads said. (Progressive Railroading)

Final Thoughts

OOIDA continues to push its case to delay or stop the ELD rule, recently sending letters to all states asking them to review enforcement procedures and citing potential problems in these areas. With the deadline just 9 days away, many questions and concerns about the ELD

Hammer down everyone!

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