On Monday December 18, 2017, the mandatory Electronic Logging Device (ELD) regulation for carriers went into effect. The mandate is simple -- it only changes the way a carrier logs its hours of service, requiring commercial drivers to maintain hours-of-service logs electronically instead of through handwritten logs. The onus of compliance rests with the carrier, not the shipper. Additionally, there is no requirement for a shipper to confirm the compliance status of the carrier. To date, there have been no reports of significant disruptions due to the mandate being in place.
The mandate provides agriculture carriers with a 90-day waiver (until March 17, 2018); the exemption, however, does not cover a carrier returning with a non-agricultural load. A carrier operating as such must be in compliance with the ELD mandate.
Prior to the ELD mandate going into effect, carriers transporting agricultural commodities to a location within a 150 air-mile radius from the source were exempt from hours of service regulations. That waiver essentially allowed producers to transport product from the field to nearby shipping, packing or processing facilities without drivers needing to log hours. This new mandate eliminates the 150 air-mile exemption which has caused some confusion amongst carriers.
The Federal Motor Carrier Safety Administration (FMCSA), which oversees the ELD mandate, is in the process of clarifying various provisions of the agricultural waiver. Western Growers will share any updates as soon as they are released.
We will continue to update members on any future developments. In the meantime, if you have any questions, please contact Ken Gilliland at (949) 885-2267.
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