TRANSPORTATION Ag Exemption Eliminates Major ELD Hurdles
By Tim Linden T he new rules governing the use of electronic logging devices (ELD) and hours of service in the world of produce trucking have eliminated many of the issues concerning the mandated use of ELD and basically given truckers back the time the use of an ELD would have taken from them. In a nutshell, produce truckers—and truckers of other ag commodities—are off the clock as they travel the first 150 miles to and from the pickup point, including the loading of the product from its initial source. It isn’t until the trucker gets about 170 miles from the point of origin that the hours of service rules kick in. On June 7, the Federal Motor Carrier Safety Administration (FMCSA) published its guidance in the Federal Register clarifying the ag exemption and making it officially effective as of that date for the next five years. The produce industry and other ag sectors have argued vehemently for the past several years that the ELD regulation, which officially went into effect in December of 2017, would add a day to the length of a cross-country trip for produce haulers because of the unique circumstances involved in the pickup of their load. As articulated, the argument held that produce is often not ready to be loaded when a truck arrives at the cooler of the grower-shipper. Because of its perishability, it cannot be held in inventory for an extended period like dry goods. This means that truckers often have to wait around for hours while the crops are harvested, packed and cooled before shipment.
Under the basic hours-of-service rules, this waiting around time counted against a trucker’s drive time. While the new ELD regulation didn’t change the hours of service rules, the use of electronic logging device does not allow truckers to alter their log book. With a written logbook, a trucker could wait until the truck is loaded and he is on the road to officially log in, and start the clock toward his mandated rest time. The ag exemption rules allows for that and even more. Ken Gilliland, director of transportation for Western Growers, said that the ag exemption guidance, and a companion guidance concerning the use of a commercial vehicle for personal use are very helpful to the fresh produce industry. “We (the agricultural industry) basically got what we were looking for. Within the guidance, the FMSCA indicates that there may be need for some tweaking but generally it appears that they have covered all the bases.” The FMSCA issued a temporary exemption for agricultural trucking after the new ELD regulations became effective in December of 2017. In January, a guidance about the exemption was published in the Federal Register and in late May a clarification about that exemption was released by FMCSA. The publishing of it in the Federal Register makes it official. The ag exemption guidance clarifies two main points: one defining what a “source” is as it relates to the initial pickup of an agricultural commodity. The second point clarifies the exemption as it relates to operating a truck within 150 air miles (about 170 road miles) of a source prior to or immediately after picking up a load. The new clarifications allow the pick-up point for the products—be it the field, packing shed or cooler—to be the “source” from which the ag exemption rules originate. While a trucker is within 150 miles of that sources—either going to pick up his load or leaving after having secured it—the hours of service rules are not in effect. When beyond that “exemption zone,” the hours of service rules and the mandated use of ELD governing transporters of all other goods will kick in. For haulers of agricultural goods, after picking up a load, the hours of service limitations kick in when the trucker gets beyond 150 air miles from the point of pickup. Likewise, a hauler with an empty trailer going to a facility to pick up a load does not have to be concerned with violating the hours of service rules once within 150 air miles of the facility. When multiple pickups are involved, the 150 mile meter starts after leaving the first facility.
22 Western Grower & Shipper | www.wga.com JULY | AUGUST 2018
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