Advocates & Trucking Alliance File Comments Opposing Exemptions to ELD Trucking Rule

  • February 1, 2018
150 150 Advocates for Highway and Auto Safety

FOR IMMEDIATE RELEASE

February 1, 2018

Contact: Eric Naing 202-408-1711, cell: 217-493-8294, enaing@saferoads.org

Advocates for Highway & Auto Safety and the Trucking Alliance Oppose Dangerous Exemptions to Truck Driver Electronic Logging Device Rule

Granting Baseless Exemptions Undermines Lifesaving Rule that Combats Truck Driver Fatigue and Boosts Compliance with Critical Hours of Service Requirements

In joint comments submitted today to the Federal Motor Carrier Safety Administration (FMCSA), Advocates for Highway and Auto Safety (Advocates) and the Alliance for Driver Safety & Security (Trucking Alliance) warned that an exemption request filed by the Owner-Operator Independent Drivers Association (OOIDA) would gut the long-settled electronic logging device (ELD) rule by allowing nearly all trucking companies to delay compliance. OODIA’s request for a five-year exemption to the ELD rule is a transparent attempt to bypass Congress and the courts by regurgitating discredited arguments which seek to advance special interests at the expense of road safety for all motorists.

The ELD rule – which was issued by the FMCSA in 2015 and took effect on December 18, 2017 – requires trucks to have an ELD that tracks a driver’s on-duty time. In addition to being mandated by Congress as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21, P.L. 112-141), the rule was upheld by the U.S. Court of Appeals for the Seventh Circuit in 2016. It also has the support of law enforcement, public health and safety groups, truck drivers, and trucking companies.

ELDs are a proven technological fix to the rampant problem of falsified paper log books, also known as “comic books” in the trucking industry because of how easily they can be manipulated and falsified. These simple devices create an objective record of a driver’s on-duty time, facilitate compliance with hours of service rules, and simplify enforcement efforts by law enforcement officials.

Further, ELDs are a known remedy for the well-documented public safety hazard of driver fatigue. Truck drivers are particularly prone to fatigue because of their long shifts and lack of regular sleep. The National Transportation Safety Board (NTSB) has issued repeated warnings that driver fatigue is a significant contributor to truck crashes and included efforts to curb fatigue-related crashes in its 2017/2018 Most Wanted List of safety changes. The FMCSA has also estimated that each year, mandating the use of ELDs will prevent over 1,800 crashes.

“More than 4,300 people were killed in large truck crashes in 2016, representing a five percent increase from the previous year and the highest fatality number since 2007. Especially with truck crash deaths rising, this minimal, proven, effective technology should be in use in every truck immediately,” said Cathy Chase, President of Advocates for Highway and Auto Safety. “OOIDA’s exemption request is just a smokescreen that attempts to re-litigate a closed case and undermine the effectiveness of the ELD rule.”

Lane Kidd, Managing Director of the Alliance for Driver Safety & Security, stated, “When it comes down to whether this or that segment of the trucking industry should abide by rules that can reduce large truck crashes, the government should have one standard and that is ‘a truck is a truck is a truck.’ We shouldn’t allow outliers to skirt public safety regulations. Trucking companies have a moral and ethical responsibility to keep the public’s trust, that they are operating as safely as possible, and ELDs are a huge step in achieving that objective.”

Advocates and the Trucking Alliance have been strong, early supporters of requiring ELDs in all trucks and of the ELD rule. OOIDA’s exemption application, as well as the seven others submitted to the FMCSA, are largely based on debunked claims that have been previously rejected during the legislative and rulemaking processes. ELDs are a commonsense, lifesaving technology and any attempts to bow to special interests and delay full enforcement of the ELD rule would only make our roads more dangerous.

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