A coalition of 31 transportation associations including the Owner-Operator Independent Drivers Association is opposing the implementation of the ELD mandate and is backing proposed legislation that would delay the rule by two years.
Industries represented in the coalition include agriculture, pyrotechnics, utility contractors, livestock and several others that could be negatively impacted by the mandate. The OOIDA is been one of the most vocal groups in the trucking industry to oppose the electronic logging devices being made mandatory.
“The electronic logging device mandate is written so broadly that it has far-reaching implications well beyond the traditional trucking industry,” said Todd Spencer, executive vice president of OOIDA.
The group supports a bill (H.R. 3282, the ELD Extension Act of 2017) proposed by Rep. Brian Babin (R-TX) that would delay the ELD mandate for two years. Earlier in September, another bill proposed by Babin that included an amendment to defund the ELD mandate (H.R. 3354, the Make America Secure and Prosperous Appropriations Act of 2018) was voted down on the house floor.
The coalition believes the mandate should be delayed until the FMCSA addresses what it says are numerous unresolved issues identified by impacted stakeholders. The group’s concerns include the certification of devices, connectivity problems in remote areas of the country, cybersecurity vulnerabilities, and the ability of law enforcement to access data.
The coalition also believes that the ELD mandate will impact stakeholders with costs of more than $2 billion while failing to improve safety, productivity, or profitability. OOIDA contends that requiring electronic monitoring devices on commercial vehicles does not advance safety since they are no more reliable than paper logbooks for recording compliance with hours-of-service regulations.
In response, David Heller, vice president of government affairs for the Truckload Carriers Association stated that sticking to the Dec. 18 deadline will give the industry time to generate enough data to fix any problems with ELD implementation including detention time, truck parking, and hours of service compliance.
“TCA members have taken a proactive approach to finding a compliance tool that worked well for their fleet operations. Rather than delaying the inevitable, our members support an approach to ELDs that can and will positively address issues that have plagued this industry for decades,” stated Heller. “Insisting that this rule be delayed any longer only continues to accept these problems as status quo rather than truly taking a step forward in addressing them.”
The Trucking Alliance (Alliance for Driver Safety & Security) has also commented on the coalition’s contentions, stating that ELDs would improve driver safety and improve law enforcement’s ability to maintain compliance.
“Electronic logging devices, or ELDs, will unquestionably reduce truck driver fatigue. ELDs will reduce large truck accidents on our nation’s highways. ELDs will make it easier for law enforcement to verify how many hours a driver has been behind the wheel,” stated Lane Kidd, managing director of The Trucking Alliance.
“Congress has voted numerous times and as recently as a few days ago, to require ELDs. The federal courts have upheld their congressional action. Yet OOIDA and other groups continue to ignore these facts, suggesting the rule may not happen and are now taking their members perilously close to having their trucks taken out of service for not installing them.”
American Trucking Associations echoed many of the same sentiments, saying that while there could be kinks to work out with ELD implementation, fleets should assume that ELD Mandate will not be delayed.
“Congress has passed the ELD requirement three times over the last five years. This issue has been legislated, promulgated and litigated. It has been decided, and those still in denial would be best served complying with federal law than making excuses to exceed their hours of service limits and putting the motoring public at risk,” ATA spokesperson Sean McNally told HDT in a statement.
“As it stands today, no driver or carrier who has been honestly logging their time will need to change anything other than the manner which they record their hours of service – moving from inaccurate paper logs to more precise electronic ones. Complaints about the underlying hours-of-service rules may have merit, but that is a separate issue from complying with these the current rules.”
In addition to the OOIDA, associations that make up the coalition include:
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Agricultural Retailers Association |
National Aquaculture Association |
National Ready Mixed Concrete Association |
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American Pipeline Contractors Association |
National Corn Growers Association |
National Stone, Sand & Gravel Association |
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American Pyrotechnics Association |
National Cotton Council |
New England Fuel Institute |
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Associated Equipment Distributors |
National Electrical Contractors Association |
North American Wood Pole Council |
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Distribution Contractors Association |
National Federation of Independent Business |
Petroleum Marketers Association of America |
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Livestock Exporters Association of the USA |
National Grain and Feed Association |
Power & Communication Contractors Association |
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Lucas Oil Products |
National Ground Water Association |
Precast/Prestressed Concrete Institute |
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Mid-West Truckers Association |
National Hay Association |
SikhsPAC |
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National Association of Chemical Distributors |
National Motorists Association |
Southern Pressure Treaters’ Association |
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National Association of Small Trucking Companies |
National Precast Concrete Association |
United States Cattlemen’s Association |
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