Full enforcement of the ELD rule starts on April 1st, which means carriers (who are subject to FMCSRs) without ELDs will be placed out-of-service. With this looming “full enforcement” deadline for the new ELD mandate, we figured it’d be nice to daydream about obtaining a waiver (although it’s probably not going to happen..so we’re really just teasing you).
Since the implementation of the new FMCSA ELD mandate in December 2017, a small handful of companies have been able to obtain temporary waivers from the new rule. According to the FMCSA, “individual waivers may be granted only for a specific unique, non-emergency event, for a period up to three months.” What we found is that there have been five waivers granted so far.
The Truck Renting and Leasing Association (TRALA) obtained one 90-day waiver back in January. According the the FMCSA, “TRALA is a national trade association representing companies that engage in commercial truck renting and leasing as well as consumer truck rentals.” (Think Budget, Enterprise, U-Haul, etc.) TRALA was granted the waiver over concerns about data liability/transfer between the motor carrier’s ELD software and rental company’s software, which would negatively impact business for them. The waiver is specifically for property-carrying CMVs that are rented for 30 or fewer days, and unless TRALA petitions for another waiver, compliance is expected by April 2018.
Old Dominion Freight Lines (and other companies in a similar situation) obtained one 90-day waiver in January as well. Old Dominion (and others) already have fleet management software, and concerns over integrating the new PeopleNet’s ELD software on top of their current software WITHOUT bugs led to the FMCSA granting the waiver. As far as we know, compliance is expected by April 2018.
As we mentioned last week, the agriculture-related transportation industry obtained TWO 90-day waivers. The FMCSA articles (here and here) don’t seem to give specifics about why they granted these waivers, so one can only speculate. Regardless, ag-related transportation companies now have until June 2018 to comply (lucky ducks).
And last but not least, the Motion Picture Association of America (MPAA) was granted a FIVE year waiver from the ELD mandate! The FMCSA said this in response to the MPAA’s request: “MPAA has outlined their unique operational issues that justify not using ELDs and clearly explained the special handling of their RODs that ensures a high level of accuracy to provide the equivalent level of safety.” After reading about the unique circumstances of MPAA CMV drivers, we can understand the waiver being granted. However, why do they get a FIVE year waiver? Remember, waivers are only supposed to be three month terms. Why do you think the FMCSA went against their own definition in this case? Just a question.