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Transportation Brief: FMCSA Exemptions to the ELD Mandate

by Timothy W. Wiseman

December 4, 2017

FMCSA Exemptions to the ELD Mandate

The FMCSA has recently announced two exemptions to the new ELD mandate. In the first exemption, the FMCSA stated that drivers of a property-carrying commercial motor vehicle (CMV), rented for eight days or less, are not required to use an ELD. Drivers using this exemption must comply with the Hours of Service (HOS) regulations and keep a paper record of duty status. Drivers using this “rental-truck” exemption must also keep a copy of the CMV rental agreement in the vehicle.

The second exemption granted by the FMCSA came in response to a request by UPS regarding its drivers’ use of the “yard move” status. The FMCSA established an exemption that allows an ELD’s software configuration to have a driver in “yard move” status and to remain in that status after every ignition on/off cycle. To qualify for this exemption, the ELD must automatically switch from “yard move” status to “driving” status if the truck exceeds 20 mph, or the vehicle exits a geo-fenced motor carrier facility. The FMCSA has granted this exemption to the entire motor carrier industry for a period of five years.


Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.


 

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