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Transportation Updates and

Regulatory News (TURN)

A quarterly publication of the Agricultural Marketing Service

www.ams.usda.gov/rules-regulations/transportation/turn

March 2018

FMCSA Announces New 

ELD Waiver for 

Transporters of 

Agricultural 

Commodities 

On March 13, 2018, the 

Federal Motor Carrier Safety 

Administration (FMCSA) 

granted an additional 90-day 

temporary waiver from the 

Electronic Logging Device 

(ELD) rule for agriculture 

related transportation. The 

ELD rule went into effect in 

December 2017, with DOT 

granting the agriculture 

industry an initial exemption 

that was set to expire on 

March 18, 2018. With the 

granting of another 

extension, the agriculture 

industry will now have 

additional time to comply. 

During this time period, 

FMCSA will publish final 

guidance on both the 

agricultural 150 air-mile 

hours-of-service exemption 

and personal conveyance. 

FMCSA will continue its 

outreach to provide 

assistance to the agricultural 

industry and community 

regarding the ELD rule.

Agricultural Exceptions 

and Exemptions to the 

Federal Motor Carrier 

Safety Administration 

Rules

FMCSA updated their 

“Agricultural Exceptions and 

Exemptions to the Federal 

Motor Carrier Safety 

Administration Hours of 

Service (HOS) and 

Commercial Driver’s License 

(CDL) Rules” webpage. The 

updated site provides 

clarification on when farm, 

ranch, and agriculture 

haulers are subject to 

FMCSA’s rules and 

regulations, including 

electronic logging devices 

(ELD). Interested parties can 

“Sign up for Agricultural 

email updates.” For more 

information regarding the 

ELD rule, visit FMCSA’s ELD 

webpage. Questions may be 

submitted to

agricultural@dot.gov.
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Application for ELD 

Exemption for ShortTerm Rental Vehicles

FMCSA announced receiving 

an application from the Truck 

Renting and Leasing 

Association Inc. (TRALA), 

requesting an exemption 

from the Electronic Logging 

Device (ELD) requirements 

until December 31, 2018, for 

all drivers of propertycarrying commercial motor 

vehicles rented for 30 days 

or fewer. In the exemption 

request, TRALA says the 90-

day waiver, granted in 

January 19, 2018, and 

expiring on April 19, 2018, is 

not sufficient to address the 

ELD problems they and their 

short-term lessors are 

encountering and need 

additional time to develop 

compliance strategies for the 

unique issues impacting 

short-term rental vehicles. 

TRALA believes the 

exemption would not have 

any adverse impacts on 

operational safety, as drivers 

would continue to remain 

subject to the hours-ofservice regulations as well as 

the requirements to 

maintain a paper record of 

duty status.

FMCSA Facilitates the 

Issuance of Licensing 

Documents to Former 

Residents of Puerto 

Rico

On February 20, 2018, 

FMCSA granted a limited 90-

day waiver of certain 

requirements concerning 

proof of U.S. citizenship or 

legal permanent residence 

and domicile. This will enable 

State driver licensing 

agencies (SDLAs) to accept 

commercial learner's permit 

(CLP) and commercial 

driver's license (CDL) 

applications from individuals 

relocating from Puerto Rico,

as a result of hurricanes Irma 

and Maria. FMCSA also 

announced it has received an 

exemption application from 

the Commercial Vehicle 

Training Association (CVTA),

on behalf of the States, to 

assist drivers from Puerto 

Rico who must rely on 

alternate documents to 

establish identity, as a result 

of loss from the hurricanes. 

Comments and documents 

may be viewed in Docket 

Number FMCSA-2017-0374.

Crash Preventability 

Demonstration 

Program Update

On February 7, 2018, FMCSA 

provided additional 

information to help 

submitters, and other 

interested parties,

understand the Crash 

Preventability 

Demonstration Program, 

initiated in July of 2017, to

accept requests for data 

review (RDRs). The additional 

information includes how to 

correctly submit requests, 

types of crashes that will be 

reviewed, documentation 

required, re-opening a 

request, public input, FMCSA 

use of data, and the national 

data correction system 

known as DataQs. The crash 

preventability demonstration 

program began accepting 

RDRs on August 1, 2017, for 

crashes that occurred on or 

after June 1, 2017. FMCSA 

used the data to evaluate the 

preventability of certain 

categories of crashes 

through DataQs. Additional 

information is available in 

Docket Number FMCSA2014-0177.

FMCSA Assists Carriers 

Experiencing Problems 

Integrating PeopleNet 

ELD System Updates

On January 31, 2018, FMCSA 

announced an application for 

exemption for Old Dominion 

and other motor carriers 

experiencing problems 

integrating PeopleNet ELD 

system updates into their 

fleet management systems. 

This announcement followed 

the limited 90-day waiver 

granted to the carriers, 

which expires March 18, 
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2018. An exemption would 

allow the carriers to install 

ELD devices, running on 

automatic on-board 

recording device (AOBRD) 

software, in commercial 

motor vehicles (CMVs). ELD 

Devices can be added to a 

company's fleet for up to one 

year from the December 18, 

2017, ELD compliance date.

If granted, this modified ELD 

phase-in period will allow 

PeopleNet to complete the 

development of the software 

necessary to integrate ELD 

data with a company's fleet 

management and safety 

systems, to fully meet the 

ELD mandate. Comments can 

be viewed in Docket Number

FMCSA-2018-0002.

Application for ELD 

Exemption for 

SikhsPAC and the North 

American Punjabiz 

Trucker Association

On January 26, 2018, FMCSA 

announced the application 

by SikhsPAC and the North 

American Punjabiz Trucker 

Association for an exemption 

from the electronic logging 

device (ELD) requirements. 

The exemption would allow 

members involved in 

segments of America's 

agricultural transportation 

industry to delay using ELDs. 

The applicants expressed 

their concerns about how 

the ELD mandate would 

negatively impact their 

industry, if the exemption is 

not granted. According to the 

applicants, granting the 

exemption would achieve a 

level of safety equivalent to 

the level achieved by the ELD 

mandate. Comments can be 

viewed in Docket Number

FMCSA-2017-0342.

Comments Available 

Concerning the 

Transportation of 

Agricultural 

Commodities

On February 20, 2018, the 

additional 30-day comment 

period ended for FMCSA’s 

proposed regulatory 

guidance concerning the 

transportation of agricultural 

commodities. Comments can 

be viewed in Docket Number

FMCSA-2017-0360.

Comments Available 

Concerning Personal 

Use of a Truck While 

Laden and Unladen

On February 20, 2018, the 

additional 30-day comment 

period ended for FMCSA’s

proposed regulatory 

guidance concerning the use 

of a commercial motor 

vehicle for personal 

conveyance, while laden and 

unladen. Comments can be 

viewed in Docket Number 

FMCSA-2017-0108. 

FMCSA Granted a 

Limited 90-day ELD 

Waiver for Trucks 

Rented for a Period not 

exceeding 30 Days

On January 19, 2018, FMCSA 

granted a limited 90-day 

waiver of the requirements 

for ELDs to motor carriers 

and drivers operating 

property-carrying 

commercial motor vehicles 

(CMVs), rented for a period 

not exceeding 30 days. 

FMCSA took this action in 

response to a waiver request 

from the Truck Renting and 

Leasing Association, Inc. 

(TRALA). FMCSA determined 

that granting this waiver was 

in the public interest and 

would likely achieve a level 

of safety that is equivalent to 

the level that would be 

achieved absent the waiver, 

based on the terms and 

conditions imposed. The 

waiver is effective through 

April 19, 2018.

Application for ELD 

Exemption for 

Transportation of 

Propane Fuel and 

Anhydrous Ammonia

On January 10, 2018, FMCSA 

announced that STC, Inc. 

requested an exemption 

from the requirement that 

motor carriers and their 

drivers use an ELD. STC uses 

up to 75 trucks to transport 

propane fuel and anhydrous 
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ammonia for agricultural use. 

In the requested exemption, 

STC states that because their

agricultural operations are 

seasonal and dependent on 

the weather, the ELD 

requirement creates an 

undue financial burden on its 

business. STC states that its 

operations under the 

exemption would achieve a 

level of safety equivalent to, 

or greater than, the level 

that would be achieved 

absent the proposed 

exemption. Comments may 

be viewed in Docket Number

FMCSA-2017-0373.

Application to Allow 

Alternate Methods for 

Securing Agricultural 

Commodities

On January 5, 2018, FMCSA 

requested public comment 

on an application for 

exemption, from the 

Agricultural and Food 

Transporters Conference 

(AFTC) of the American 

Trucking Associations (ATA),

to allow certain alternate 

methods for securing

agricultural commodities 

transported in wood and 

plastic boxes and bins and 

large fiberglass tubs; along 

with hay, straw, and cotton 

bales that are grouped 

together into large singular 

units. Federal Motor Carrier 

Safety Regulations generally 

require loads to be secured 

by a minimum number of 

tiedowns, based on article 

length. The aggregate 

working load limit of those 

tiedowns must be at least 

one-half times the weight of 

the article or group of 

articles being transported. 

Based on the results of a 

comprehensive test program 

conducted by FMCSA, in 

collaboration with the 

California Highway Patrol 

(CHP), the California 

Department of Food and 

Agriculture, the California 

Trucking Association, and 

others, AFTC believes that 

use of certain alternate cargo 

securement methods will 

maintain a level of safety 

that is equivalent to, or 

greater than, the level of 

safety achieved without the 

exemption. This is verified by

test results confirming that 

the performance 

requirements of the 

regulations are met when 

using the alternate 

securement methods.

Comments may be viewed in 

Docket Number FMCSA2017-0319.

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