FMCSA denies ELD exemption request made over internet issues

July 19, 2022

Mark Schremmer

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The Federal Motor Carrier Safety Administration has denied a request from a motor carrier to exempt its drivers from the ELD mandate.

Harris Cos., an Illinois-based elevator and electrician service company, asked for an exemption from the ELD rule for all of its employees who are required to prepare records-of-duty status. This would include 14 elevator technicians and electricians, and seven other general laborers and welders who operate commercial motor vehicles in interstate commerce.

The company cited internet connectivity issues among the reasons it needed the exemption. Harris Cos. made the request in 2019.

To ensure an equivalent level of safety, Harris referenced several ongoing company training programs to ensure compliance with the various regulations. The training programs included general safety and compliance policies, vehicle operating policies, hours-of-service training and compliance, drug and alcohol testing procedures, and risk management services.

In addition, Harris offered the continuous use of paper records-of-duty status for recording and tracking their drivers’ compliance with the hours of service regulations.

“I do not feel that the exemption from electronic logs would impact our company in any way as we would continue using the driver’s daily paper log,” Harris Cos.’ Sandy Flala wrote in the exemption request. “Our company has several safety measures in place.”

FMCSA said Harris failed to provide sufficient analysis to show that an equivalent safety level would be achieved compared to ELDs.

During the comment period, the Commercial Vehicle Safety Alliance opposed the exemption request.

CVSA described the ELD exemption request as “both unjustified and impractical.”

“If granted, this exemption would negatively impact safety and place an excessive burden on the enforcement community,” CVSA wrote. “The federal hours-of-service requirements exist to help prevent and manage driver fatigue.”

Harris Cos. commented in support of its own exemption request. The company emphasized the inability of its current ELDs to operate properly in rural areas with little to no internet connection. LL