Update ELD Rule
As you know, implementation of the ELD rule is a top FMCSA priority. It represents a significant change for a large portion of the industry and a large focus of discussion in Washington DC and nationally.
To ease the transition to ELDs, FMCSA’s partners at the Commercial Vehicle Safety Alliance (CVSA) have previously announced a delay in placing non-ELD compliant vehicles out-of-service until April 1, 2018, which will allow continued time for carriers and law enforcement to adjust to the new technology. In addition, FMCSA is announcing that violations cited during the period of December 18, 2017 through April 1, 2018, will not count against a carrier’s Safety Measurement System (SMS) scores.
In the coming weeks, FMCSA will publish guidance for comment relating to the application of the agricultural commodity hours-of-service exemption. FMCSA will also provide guidance on the existing 150 air-miles hours-of-service exemption in order to provide clarity to enforcement and industry, and will consider comments received before publishing final guidance.
Finally, FMCSA will publish guidance on another hours-of-service issue, known as Personal Conveyance, which has become more relevant due to the upcoming ELD rule enforcement. The goal of these guidance documents is to take input on their application and develop a consistent and uniform application of the provision.
Hours of Service
Clarification of Governors Emergency Executive Order 17-11
The Emergency Executive Order signed by the Governor is very limited in scope. Propane and diesel fuel are the only products covered by the order and it basically only relieves drivers from the 34 hour restart rule. This rule requires drivers to have 34 consecutive hours off after they have been on duty 60 hours in 7 days, or 70 hours in 8 days. The below paragraph from the Executive Order makes it clear it does not waive the daily 14 hour on duty and 11 hours of driving limitation.
3. Nothing in this order shall be construed to relieve motor carriers and drivers transporting propane or diesel fuel and providing direct assistance for emergency relief efforts from the requirements under paragraph (a) of the Code of Federal Regulations, title 49, part 395.3 which states, in part, a driver may drive only 11 hours during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty.
Please be aware of the limited nature of this Executive Order. It will allow transporters to work through weekends when they would normally be required to stop for 34 hours.
Emergency Executive Order 17-11
We have had a few calls to the Association office regarding the sale of B-10 in Minnesota. On April 30, 2014 Governor Mark Dayton signed a bill that modified the biodiesel mandate chapter 239.77. The following should help you understand the changes and what actions you will need to take to sell biodiesel at retail…
• On April 1, 2017 through September 30, 2017, considered warm months, the biodiesel content must be at least 10% biodiesel fuel by volume going forward.
• During the cold weather months, October 1 through March 31, the biodiesel mandate reverts back to at least 5% biodiesel fuel by volume.
• On April 1, 2018 through September 30, 2018 the biodiesel mandate moves to 20% biodiesel fuel by volume.
• #2 Biodiesel Exemptions include…
• Motors located at an electric generating plant regulated by the Nuclear Regulatory Commission.
• Railroad locomotives.
• Off-road taconite and copper mining equipment and machinery.
• Off-road logging equipment and machinery.
• Vessels of the United States Coast Guard and vessels subject to inspection under United States Code, title 46, section 3301.
• Generators tested and validated by an entity that designs and manufactures the generators for use in jurisdictions where biodiesel use is not required.
• The exemptions listed above do not have a sunset date.
• Number 1 diesel fuel is exempt year round until May 21, 2020.
• The Federal Trade Commission sticker (see below) is required at the point-of-sale on all retail diesel fuel pumps.