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FMCSA Announces New ELD Waiver

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The following is from the American Horse Council:

March 13, 2018

FMCSA Announces New ELD Waiver

The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) today announced additional steps to address the unique needs of the country’s agriculture industries and provided further guidance to assist in the effective implementation of the Congressionally-mandated electronic logging device (ELD) rule without impeding commerce or safety.

FMCSA is announcing an additional 90-day temporary waiver from the ELD rule for agriculture related transportation. Additionally, during this time period, FMCSA will publish final guidance on both the agricultural 150 air-mile hours-of-service exemption and personal conveyance.

It is important to note that this 90 days is an extension of the previous 90 days given to all agriculture commodity haulers.  This is not a final decision on the livestock specific ELD exemption request filed in September—a determination on that request is still to be made. The AHC will continue to push for this exemption along with other livestock industry associations. The welfare, safety, and health of the animals in transit, together with the safety of other drivers on the road, are top priorities for the equine industry and its enthusiasts.

The AHC will continue to work with the FMCSA and the DOT during this delay to better meet the needs of the animal agriculture community to ensure that there are no unintended consequences from current ELD regulations.

If you have any questions, please contact the AHC.

Read on AHC Website

FMCSA Responds to AHC Request

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The following is from the American Horse Council:

February 26, 2018

FMCSA Responds to AHC Request

The Federal Motor Carrier Safety Administration (FMCSA) followed their recent meeting with AHC staff, a meeting in response to the AHC request for clarification , by releasing two documents on the existing Commercial Driver License (CDL) regulations and how those regulations impact the horse industry. The AHC is appreciative of the horse specific efforts that FMCSA have taken to quell the concerns of our recreational enthusiasts.

The guidance titled “Agricultural Exceptions and Exemptions to the Federal Motor Carrier Safety Administration Hours of Service (HOS) and Commercial Driver’s License (CDL) Rules” and “Non-Business Related Transportation of Horses ” explain how published FMCSA guidance provides an exception for the transportation of horses when the transportation in question is not business related (neither for compensation, nor where the driver is engaged in an underlying business related to the move). In these cases, the Federal Motor Carrier Safety Regulations do not apply, even if prize or scholarship money is offered. This includes the Hours-of-Service (HOS) regulations, requirements for Electronic Logging Devices (ELD) and CDL regulations, unless required by the driver’s home state. Both documents contain example scenarios that may help horse owners better understand the regulations as they exist today.

The documents can be found on the FMCSA website at:
https://www.fmcsa.dot.gov/hours-service/elds/non-business-related-transportation-horses

https://www.fmcsa.dot.gov/hours-service/elds/agricultural-exceptions-and-exemptions-federal-motor-carrier-safety

The AHC will continue to pursue clarifications until the industry is satisfied that there are no unintended consequences from current CDL or ELD regulations. The AHC will take action where clarifications are not sufficient, including the continued collaboration with the entire livestock industry to get a delay in ELD enforcement.

AHC staff are still compiling the industry’s concerns and questions to forward to DOT and invite people to share their comments. Additionally, DOT has established a specific email address for agricultural specific questions at agricultural@dot.gov . This address will be used to generate a future F.A.Q. page.

The AHC encourages our members to share their questions to the DOT email as well to better highlight the existing concerns regarding the interpretation of CDL regulations. If clarifications and the F.A.Q. fail to address the concerns of our members, then the AHC will continue their efforts and pursue both legislative and regulatory solutions.

Find AHC resources at http://www.horsecouncil.org/eld-mandate-cdl-requirements/

Please contact the American Horse Council with any questions or comments.

Read on AHC Website

AHC Meets With Department of Transportation

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The following is from the American Horse Council:

February 18, 2018

AHC Meets with Department of Transportation, Federal Motor Carrier Safety Administration

The American Horse Council met with Department of Transportation (DOT), Federal Motor Carrier Safety Administration’s (FMCSA) Deputy Administrator and leadership team this week in response to a letter sent to Secretary Chao on January 28th, 2018. AHC staff went to DOT headquarters to raise the industry’s concerns and solicit clarification on how the existing regulations should be interpreted, and how those interpretations are affecting the horse industry.

The AHC expressed the industry’s interest in an increased level of stakeholder outreach, the lack of uniform interpretations nationwide, the applicability of various exemptions already in place, and the appropriate avenues for future legislative and regulatory efforts. AHC shared specific situations where rodeo, racing, competition and recreational sectors have interacted with law enforcement concerning commercial regulations.

The DOT informed the AHC that a new website specifically tailored to the agricultural industry will be unveiled in the next week, with a dedicated contact for agricultural questions, and they will begin to develop a F.A.Q. to more clearly address the questions which they receive.

The DOT members present did clarify that trailer drivers not engaged in business are not subject to Commercial Motor Vehicle (CMV) regulations, specifically where additional licensing is concerned. Regardless of weight, it was the interpretation of those present that going to an event that may issue prizes does not necessarily constitute commercial activity. As long as participation in the competition itself is not a component of the business with which that driver or the vehicle are regularly engaged, and expenses for said trip are not deducted for tax purposes, a CDL is not required to operate the CMV in question. Those interpretations, as are all CMV regulations, are specific to federal regulations, and state regulations may be less forgiving.

The AHC is excited about the opportunity to develop this relationship with DOT-FMCSA. The equine community should look forward to utilizing these lines of communication in the future to assure industry wide compliance and protection of individuals driving both commercially and recreationally. The AHC encourages the industry to reach out to state law enforcement to determine how best to comply with the state regulations. As additional information on this subject becomes available, the AHC will share that with our members as quickly as possible.

Visit http://www.horsecouncil.org/eld-mandate-cdl-requirements/ for AHC materials on this subject. Please contact the AHC with questions or concerns.

Read on AHC Website

AHC Requests Clarification from DOT

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The following is from the American Horse Council:

January 31, 2018

AHC Requests Clarification from DOT

The upcoming Electronic Logging Device deadline has sparked an animated discussion within the horse industry. The AHC would like to note that these are federal regulations that are left to state officials to be enforced. This division of responsibilities, and potentially divergent interpretation, is the basis for the sense of confusion felt across the industry.

The Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) have told the AHC that the regulatory changes within the department are several years behind schedule. As such, addressing the current state of compliance is critically important to the industry and the continuation of the equestrian sport and way of life.

In that light, the AHC is working collectively with the larger livestock industry to seek more concise and plainly presented expectations for the equine industry to follow. The following letter was sent to Secretary Elaine Chao with the Department of Transportation in the hopes that DOT will address these concerns. Depending on the response from Secretary Chao and DOT, AHC is prepared to pursue new regulatory and legislative options that ensure the continuity and protection of the equine industry. View the letter here.

Please contact the AHC if you have any further questions.

Read on AHC Website

American Horse Council Efforts to Address ELD Mandate

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The following is from the American Horse Council:

American Horse Council Efforts to Address ELD Mandate

Over the past months the American Horse Council (AHC) has reached out to the equine community to determine the potential impact of the upcoming Electronic Logging Device mandate. Based on the information received, the AHC, in collaboration with the rest of the animal agriculture community, has requested that the Department of Transportation (DOT) grant a one-year enforcement delay followed by a waiver and limited exemptions from compliance with the December 18, 2017 implementation date for the Final Rule on Electronic Logging Devices (ELDs) and Hours of Service (HOS). Additionally, we requested that the DOT address the significant problems with the mandate that will occur if the compliance deadline is not extended. The welfare, safety, and health of the animals in transit, together with the safety of other drivers on the road, are top priorities for the equine industry and its enthusiasts.

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