By Staff, Go By Truck News, November 2, 2017
delay word circle marked on a calendar by a blue ballpoint pen. 3D illustration
The increasing number of requests for exemption 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 says 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 on 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, connectivity problems in remote areas of the country, cyber security 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 timing of the announcements comes on the heels of a recent coalition push to delay the electronic logging device mandate. Following is a list of coalitions of organizations seeking a 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
Source: Owner-Operator Independent Drivers Association