ELD Exemption Fever

Photo: J.J. Keller

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Every fall the Centers for Disease Control and Prevention publishes seasonal admonitions for segments of the population to get their flu vaccine. But another condition has been on the rise this year for which there is no vaccine — exemption fever. Symptoms include increased heart rate, blood pressure, sweaty palms, and emotional exclamations of “Surely, there must be an exemption for me!”

The source of the condition is well known — the initial compliance date for the Federal Motor Carrier Safety Administration’s final rule known as the electronic logging device mandate. By December 18, 2017, all non-exempted interstate drivers will be using some form of electronic logging device to track hours of service. Either the affected driver will already be using a device that meets the current electronic logging requirements of §395.15, or will use a device that meets the new technical ELD standards.

Existing exemptions

The mandate does not impose any new record of duty or logging requirements on a driver who is already exempt from the hours of service rules of Part 395. Drivers who are completely exempt from HOS due to a general exemption in §390.3(f), engaged in emergency support relief under §390.23, or are excused completely from Part 395 by an exemption in §395.1, will not need to use an ELD while in an exempt status.

The mandate offered a few limited exemptions, outlining when some drivers could continue to use paper logs instead of an ELD. Last December, Congress intervened on behalf of a specific industry to grant a fourth exemption. This exemption has since been added to §395.8(a)(1)(iii)(A). The four exemptions are:

Drivers who log eight or fewer days out of any 30-day period;Drivers operating a vehicle that is part of a driveaway/towaway shipment;Drivers operating or towing a recreational vehicle (RV) that is part of a driveaway/towaway …Read the rest of this story

Source:: http://www.truckinginfo.com/channel/safety-compliance/article/story/2016/11/eld-exemption-fever.aspx