OOIDA says exemptions to ELD mandate show it has no safety benefits

The Owner-Operator Independent Drivers Association continues to push for a delay in the electronic logging device (ELD) mandate in light of carrier UPS and trucking organization Truck Renting and Leasing Association receiving partial exemptions to the mandate. As the number of companies requesting a delay pile up and the federal government starts approving exemptions to the regulation, it shows there’s “no safety benefit of this technology,” according to the OOIDA.

Twelve organizations have filed requests for an exemption to the Federal Motor Carrier Safety Administration (FMCSA), and 31 organizations have asked for a delay, according to the OOIDA. Under the mandate, drivers who use paper logs to track hours of service information will be required to use ELDs to do so starting Dec. 18.

“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.”

Spencer explained the FMCSA’s decisions — whether granting or denying requests — did not “show any consistency in reasoning.” The federal agency denied a request to one group and citied the group didn’t show how it could maintain the same level of safety without using ELDs. However, the agency did not mention safety when granting exemptions to two other groups.

The FMCSA granted drivers of rental trucks in use for eight days or less to be exempt from having to use ELDs, while UPS received several five-year exemptions from parts of the ELD mandate, including the use of automatic onboard recording devices as it converts its fleet to ELDs.

On Sept. 6, the U.S. House of Representative turned down legislation that would have delayed implementation of the ELD mandate. Previously, the OOIDA has sued to stop the mandate from going into effect, but recently, the U.S. Supreme Court declined to hear a challenge to the mandate after a lower court refused to hear an appeal from OOIDA. Some of the issues the organization has with the mandate include the certification of the devices or lack thereof, connectivity problems in remote areas, cybersecurity vulnerability and the ability for 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,” Spencer said. “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.”

Following are the organizations that have requested an exemption to the mandate:

• 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

Following are the organizations that have received a response to their exemption requests:

• MBI Energy Services, Inc. — denied
• Pipe Line Contractors Association (PLCA) — denied
• Truck Renting and Leasing Association (TRALA) — partially granted
• UPS — partially granted

Following are the organizations wanting 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