NEW TRUCKING LAWS SHINE HEADLIGHTS ON AGRICULTURAL COMMODITIES
By Casey Reynolds, PhD
Many of our TPI members in the United States have likely seen recent changes enacted by the Federal Motor Carrier Safety Administration (FMCSA) that impact how they haul sod. Te FMCSA is an agency within the United States Department of Transportation (USDOT) that regulates the trucking industry in the United States, and in December of 2015, published a Final Rule in the Federal Register regarding Electronic Logging Devices (ELDs) and Hours of Service (HOS) Supporting Documents [Federal Register: Docket No. FMCSA-2010-0167].
Te intended objective of this ruling was to improve commercial motor vehicle (CMV) safety and reduce the overall paperwork burden for both motor carriers and drivers by increasing the use of ELDs within the motor carrier industry, which will in turn, improve compliance with the applicable HOS rules. Specifically, this rule: (1) Requires new technical specifications for ELDs that address statutory requirements; (2) mandates ELDs for drivers currently using records of duty status (RODS); (3) clarifies supporting document requirements so that motor carriers and drivers can comply efficiently with HOS regulations; and (4) adopts both procedural and technical provisions aimed at ensuring that ELDs are not used to harass CMV operators.
Te final ruling was published on December 16, 2015, and is being implemented in three compliance phases:
Figure 1:
December 16, 2019, Phase 3 – Full Compliance phase begins where all drivers and carriers subject to the rule must use self-certified ELDs that are registered with the FMCSA.
Tis new mandate includes an exemption for hauling agricultural products within a specified distance of an owner’s farm but has also raised the question among state and federal regulators and enforcement officers as to what exactly constitutes an agricultural commodity. TPI members from the southern and northeastern U.S. have already experienced problems and have even had trucks stopped and ordered to drop their sod. On the contrary, in many states there have yet to be any problems brought to TPI’s attention. Te lack of consistency in current interpretation of the term agricultural commodity and subsequent enforcement has been an issue since the Phased-in Compliance phase began last December and will likely continue to be a concern until further clarification is provided.
In order to fully understand this issue, it’s important to cite the code of federal regulations, which is where U.S. federal laws and the definitions used to construct them are documented. Tese regulations can be easily accessed in the Electronic Code of Federal Regulations at
www.ecfr.gov, specifically Title 49: Transportation. Within Title 49 (49 CFR), all regulations relative to HOS and ELDs can be found in Part 395 (49 CFR 395) and are very clear as to when HOS and ELD rules do and do not apply.
Phase 1 – Awareness and Transition phase, was a two- year period until December 2017 where carriers and drivers could voluntarily use ELDs but could also use paper logs, devices with logging software, or automatic on-board recording devices (AOBRDs). Phase 2 – Phased-in Compliance phase began on December 18, 2017, and currently exists until December 16, 2019. During this time, carriers and drivers subject to the rule can use AOBRDs that were installed prior to December 18, 2017, or ELDs that are self-certified and registered with the FMCSA. However, beginning on
12
For example, 49 CFR 395.1 (k) states the following: Te provisions of this part shall not apply during planting and harvesting periods as determined by each state to drivers transporting (k)(1); Agricultural commodities from the source to a location within a 150 air-mile radius from the source. Furthermore, Title 49 CFR 390.39 provides exemptions from any requirements in 49 CFR 395, Hours of Service of Drivers, for covered farm vehicles under 49 CFR 390.39 (a)(3). Tis subpart defines covered farm vehicles as straight trucks or articulated vehicles that are registered in a state with license plates
TPI Turf News January/February 2019
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76
