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​Growing Exemption Requests Highlight Problems With ELD Mandate

December, 2017

Grain Valley, MO… The increasing number of exemption requests from an electronic logging device mandate and the government’s recent responses proves there is no safety benefit of this technology. The Owner-Operator Independent Drivers Association points to this as one of many reasons the upcoming federal regulation requiring trucks to be equipped with electronic logging devices should be delayed.

“The reasons cited in the requests are not unique to just a single company or one sector of the trucking industry,” said Todd Spencer, executive vice president of OOIDA. “Many of those same concerns apply to all affected by this one-size-fits-all mandate.”

Twelve organizations have filed exemption requests and 31 organizations have requested a delay.

“In one instance, they denied the request, and in a couple of others, they granted the requests, but in none of these did FMCSA’s decisions show any consistency in reasoning,” said Spencer.

In its denial to one group, the agency said that the request did not demonstrate how, without using ELDs, they would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.

But in granting exemptions to two other groups, the agency made no mention of safety.

“It’s the Nightmare on ELD street,” said Spencer. “Confusion and concern surround this issue. The best solution is an alternate ending to the frightening scene by way of a delay.”

The timing of the announcements comes at the heels of a recent coalition push to delay the electronic logging device mandate.

OOIDA has contended that a delay is necessary until the Federal Motor Carrier Safety Administration addresses numerous unresolved issues identified by impacted stakeholders. There are significant technological and real-world concerns that have not been addressed by FMCSA. These concerns include the certification of devices (or lack thereof), connectivity problems in remote areas of the country, cybersecurity vulnerabilities, and the ability of law enforcement to access data.

“The ELD mandate is estimated to cost impacted stakeholders more than $2 billion, making it one of the most expensive federal transportation rulemakings over the last decade,” said Spencer. “This is a massive, unfunded mandate that provides no safety, economic, or productivity benefits for those ensnared by the mandate. This is another example of a costly regulation imposed on small-business truckers that has no bearing on safety.”

The Owner-Operator Independent Drivers Association is the only national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 158,000 members nationwide. OOIDA was established in 1973 and is headquartered in the Greater Kansas City, Mo., area.

The Following Companies Or Organizations Have Made Exemption Requests, But Yet To Receive A Response As Of Oct. 31, 2017:

G4S Secure Solutions Inc.; Hub Group Trucking, Inc.; Motion Picture Association of America (MPAA); National Pork Producers Council; Power and Communication Contractors Association (PCCA); Western Equipment Dealers Association (WEDA); YRC Yellow Freight Corporation

Requests That Have Been Responded To By Fmcsa

MBI Energy Services, Inc. – Denied; Pipe Line Contractors Association (PLCA) – Denied; Truck Renting and Leasing Association (TRALA) – Partially Granted; United Parcel Service (UPS) – Partially Granted 

Coalition Of Organizations Seeking Delay

Agricultural Retailers Association; American Pipeline Contractors Association; American Pyrotechnics Association; Associated Equipment Distributors; Distribution Contractors Association; Livestock Exporters Association of the USA; Lucas Oil Products; Mid-West Truckers Association; National Association of Chemical Distributors; National Association of Small Trucking Companies; National Aquaculture Association; National Corn Growers Association; National Cotton Council; National Electrical Contractors Association; National Federation of Independent Business; National Grain and Feed Association; National Ground Water Association; National Hay Association; National Motorists Association; National Precast Concrete Association; National Ready Mixed Concrete Association; National Stone, Sand & Gravel Association; New England Fuel Institute; North American Wood Pole Council; Owner-Operator Independent Drivers Association; Petroleum Marketers Association of America; Power & Communication Contractors Association; Precast/Prestressed Concrete Institute; SikhsPAC; Southern Pressure Treaters’ Association; United States Cattlemen’s Association.