The Federal Motor Carrier Safety Administration has provided an additional limited 90-day waiver from the use of ELDs for interstate motor carriers engaged in the transportation of agricultural commodities as defined in 49 CFR 395.2.
This waiver is effective March 18, 2018, through June 18, 2018.
This waiver will allow FMCSA time to evaluate the Hours of Service (HOS) exception applicable to the transport of agricultural commodities and review the concerns unique to the agricultural industry. FMCSA grants the waiver to all motor carriers transporting an agricultural commodity.
Motor carriers transporting agricultural commodities under the provisions of 49 CFR 395.l (k)(l ), are exempt from the ELD requirements in 49 CFR 395.8(a) during the period of this waiver, regardless of the distance traveled.
Carriers operating under this waiver must comply with all other applicable requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 390-399), including the preparation of Records of Duty Status (RODS) for operations which are currently considered to be subject to the HOS rules and the record retention requirements associated with those RODs and supporting documents.
Motor carriers operating under this waiver must have a "satisfactory" safety rating from FMCSA or be unrated; motor carriers with "conditional" or "unsatisfactory" safety ratings are prohibited from taking advantage of the waiver.
Drivers operating under this waiver must carry a copy of the Federal Register notice and present it to motor carrier safety enforcement officials upon request.
Carriers operating under this waiver must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier's drivers operating under the terms of this waiver.