FMCSA taking comments on industry-wide ELD exemption

Trucker group argues for manual logbook option to ease financial burdens

(Photo: Jim Allen/FreightWaves)

WASHINGTON — The Federal Motor Carrier Safety Administration is opening the floor for public comment on an exemption request which, if approved, would fundamentally change how truck drivers track their time behind the wheel.

The Federation of Professional Truckers (FOPT) is seeking a broad exemption from current electronic logging device (ELD) requirements, arguing that professional drivers should have the right to choose manual paper logs over digital tracking.

The law currently allows manual logs only for drivers who use them eight days or fewer in a 30-day period, or those operating engines manufactured before the year 2000. The exemption would remove those barriers by allowing any driver or motor carrier – not just FOPT members – the option of using a manual paper logbook for their records of duty requirement.

“Paper logbooks remain enforceable and understood by enforcement officers nationwide,” wrote Micheal Cobb, CEO of FOPT, a non-profit advocacy group based in Ohio, in their petition to FMCSA.

“Small carriers face disproportionate financial burdens from ELD requirements, as compliance costs exceed $500 annually per truck according to FMCSA’s Regulatory Impact Analysis. Technical limitations and frequent malfunctions highlight the continued necessity of paper alternatives.”

They cited an executive order (E.O. 12866) that requires agencies to avoid unnecessary regulations when there are “reasonable” alternatives. “Allowing drivers to use either method ensures compliance without undermining safety,” they asserted.

To address safety concerns, FOPT included a “Safety Assurance Plan” in its request:

  • FOPT will educate members on proper paper log completion.
  • Random internal audits will be conducted by carriers.
  • Violations of HOS will result in exclusion from exemption program.

Success in question

The success of the petition may hinge on whether FOPT can convince FMCSA that their “equivalent level of safety” – through education and internal audits – is as reliable as the digital systems the Trump administration is currently working to secure.

While the administration’s “pro-trucker” initiatives – such as shutting down speed limiter proposals and new restrictions on foreign-drivers – show a desire to help owner-operators, the recent focus on data-driven enforcement may make them hesitant to lose the digital visibility ELDs provide.

FMCSA also recently began tightening its vetting of approved ELDs, cracking down on fraud and removing dozens of non-compliant devices from the market – which may suggest the administration prefers fixing the technology over loosening restrictions.

The agency is accepting comments on the petition through March 11.

Click for more FreightWaves articles by John Gallagher.

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.