AlpacaGram 5.28 | Understanding the Electronic Logging Device Mandate

AlpacaGram 5.28
AlpacaGram 5.28March 27, 2018

Reminder: This is for informational purposes only and is not intended to provide legal advice. Consult your attorney for advice specific to your circumstances.

Understanding the ELD Mandate

AOA has been actively gaining an understanding of the Electronic Logging Device (ELD) Mandate, which will have an impact on our farms. Please see the FAQ below and click here to read the letter sent to FMCSA by Board President, Don Greene.

Several members have offered questions and researched the regulations of the Electronic Logging Device (ELD) Mandate. AOA has been conducting research, talking with other breed associations, contacting elected officials, and last week, speaking with the enforcement division of the Department of Transportation (DOT) in Washington, D.C. to better understand the law and the regulations related to enforcement of the law. AOA Board President, Don Greene, sent a letter to FMCSA (click here to read the letter) supporting the agricultural exemption.

Recently, an additional exemption was granted for agriculture until July 2018. Read the article here: https://content.govdelivery.com/accounts/USDAOC/bulletins/1e1e02a.

For the time being, the regulations do apply for AOA members. Several members have contacted the office and shared their experiences. One tip we continue to receive is to contact your state office. Visit https://www.fmcsa.dot.gov/mission/field-offices to find your regional FMCSA office for more assistance.

Common Questions from AOA Members

  1. Do I need to get a Commercial Driver’s License (CDL)?

    To determine the answer, you must know the Gross Volume Weight Rating of both your truck and trailer. There are a few numbers to pay close attention when determining the answer to this question.

    Is the combined GVWR of your truck and trailer more than 26,001 pounds, AND is the GVWR of your trailer over 10,000 pounds? If the answer is yes, you need a CDL. If the answer is no, you will not need a CDL. However, AOA recommends you confirm the CDL laws in your state to ensure compliance with all laws. This answer is only pertaining to CDL’s as it relates to the Federal ELD Mandate.
  2. What is the hours of service rule? Do I need to get an Electronic Logging Device or keep any kind of log?

    The first thing to understand about the hours of service is the number of hours you can drive in a day. Once you depart the place of origin with the animals, the clock begins. From that moment, you have 14 continuous hours you can be on the road, but you are only allowed to drive 11 of those hours. If there is time remaining in the 14-hour period once your 11 hours of driving time has expired, another driver with you can drive the remaining time to reach 14 continuous hours for the day. Once 14 continuous hours are reached, you are required to rest for at least 10 hours. This means parking the truck and trailer.

  3. Do I need to get an ELD or keep any sort of a log?

    The hours of service rule is also commonly referred to the “8 in 30 Rule.” The rule applies if you have driven more than 8 days (as defined above) during a 30-day rolling period. Note, this is not a calendar month; it is a 30-day rolling period. If you exceed 8 days within the 30-day rolling calendar, then you must have an ELD. If you do not exceed the “8 in 30 Rule,” you should keep a paper log book. Once you arrive at your destination and unhitch your trailer, additional driving doesn’t count toward the “8 in 30 Rule.”

  4. How do I know if I fall under the guidelines of interstate commerce?

    There has been a discussion of what constitutes interstate (between states) commerce. The Department of Transportation defines interstate commerce, for this regulation, as participation in trade, traffic, or transportation. By transporting Alpacas, regardless if for shows, breeding, or sale, under the regulations for the ELD Mandate you are considered involved in interstate commerce. For matters involving intrastate commerce (within the borders of your home state), please contact your state department of transportation.

  5. Do I need to get a DOT Number?

    You should go through the process of getting a D.O.T. Number. Be aware, several other livestock associations reported once you apply for a DOT Number, you will phone calls offering various services that are not required by the Department of Transportation. You can sign up for a free DOT Number at https://www.fmcsa.dot.gov/registration.

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