Hoeven Successfully Includes Delay of Electronic Logging Device Regulations in Funding Legislation

Senator Worked with Senate Leadership to Delay ELD Rule & Is Pursuing Permanent Solution

WASHINGTON – Senator John Hoeven, a member of the Senate Transportation Appropriations Committee, today announced that he helped secure a delay of electronic logging device (ELD) regulations for commercial motor carriers hauling livestock in the Fiscal Year 2018 funding legislation. The provision, which Hoeven called for in a letter to the Senate leadership in December, delays the implementation of the rule until the end of September. This follows Hoeven’s work with the Federal Motor Carrier Safety Administration (FMCSA) to provide waivers from the ELD rule for agriculture-related transportation. The senator is continuing his efforts find a permanent solution that maintains the safe, efficient and humane transportation of livestock.

“This delay of the ELD rule in the funding legislation provides longer-term relief for our livestock haulers and gives us additional time to find a permanent solution,” Hoeven said. “The regulation must work in the real world and not threaten the livelihood of ranchers or the wellbeing of livestock.”

The delay align with Hoeven’s work to secure flexibility under FMCSA’s hours of service (HOS) regulations for truckers hauling livestock. Agriculture groups were concerned that due to the nature of hauling livestock, potential animal safety concerns could arise should a driver not reach his destination within the 11 hours of driving, 14 hour work day allowed under HOS requirements. 

FMCSA’s flexibility within the agriculture exemption means HOS do not apply to those hauling livestock when their work is conducted within a 150 air mile (or about 172 road mile) radius of the source of the livestock. Should a driver go beyond this radius, the HOS begin to apply and the driver can drive an additional 11 hours and work 14 hours. FMCSA has announced it intends to publish final guidance during the ELD waiver period to clarify the ag-exemption under the 150-air mile radius rule.