By Staff, Go By Truck News, February 15, 2018
New legislation introduced in Tennessee is aimed at prohibiting the use of state funds to enforce the federal Electronic Logging Device mandate.
The bill was introduced on January 29 by Rep. Dale Carr [R] and would “[Prohibit] state funding from being expended to implement or enforce electronic logging device (ELD) regulations in this state.”
The bill states “The Department of Safety and Homeland Security receives federal funding reimbursement of $4,054,347 for enforcement of ELD regulations in the state. Such funding is used to fund the operation of the Highway Patrol Division to manage the enforcement of the program, specific enforcement efforts, and other operational expenses to support the program.
In order to receive the federal reimbursement, the state is required to provide a match of 15 percent, or $608,152, to be used in enforcement of ELD regulations in the state.
Continuous enforcement of ELD regulations is required to receive the federal funding and be in compliance with federal regulations.
Prohibiting the state from expending any state funding to enforce ELD regulations will put the state out of compliance with 49 C.F.R Part 350. As a result, 100 percent of the federal funding of $4,054,347 will be reduced in FY18-19 and subsequent years.”
In other words, Tennessee would intentionally fail to provide a 15% match to the federal funding provided by the Department of Safety and Homeland Security. Tennessee would then be considered out of compliance with federal law and would forfeit the federal funding of $4,054,347 for the year, leaving no money for ELD enforcement for the fiscal year.
