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By: Parker M. Green
Legislative efforts are underway that could end up delaying the December 18, 2017 compliance deadline with the electronic logging device (“ELD”) mandate. The transportation law practice group recently created a countdown clock to the compliance deadline, which has been a source of contentious debate in the transportation industry for several years. Now, with only 150 days until the deadline, Congress has given ELD opponents a sign of hope.
First, the U.S. House Appropriations Committee issued a report on Monday directing the Federal Motor Carrier Safety Administration (FMCSA) to “analyze whether a full or targeted delay in ELD implementation and enforcement would be appropriate and, if so, what options DOT has within its statutory authority to provide temporary regulatory relief until all ELD implementation challenges can be resolved.” The Committee passed the directive, which has been sent to the full House for consideration. As a result, the FMCSA must now provide Congressional appropriations committees with a full report on its findings within the next 60 days. A full text of the Committee’s directive is available here.
Then, only 1 day after the directive, U.S Rep. Brian Babin (R-TX) introduced the “ELD Extension Act of 2017” to the House of Representatives. The proposed bill would delay the ELD mandate’s compliance deadline by two years, or until December 2019. The bill has been referred to the Transportation & Infrastructure Committee, which represents an initial step in what is usually a prolonged legislative process. Nevertheless, the proposed bill coupled with the Committee’s directive signal growing momentum in favor of postponing the December 18, 2017 compliance deadline, if not repealing the Congressional ELD mandate in its entirety. Congress must act unusually fast– i.e., enact necessary legislation in less than 90-120 days – to officially postpone the ELD deadline. That window would be cut in half if the FMCSA takes the full 60 days allotted for providing its “full report” on targeted and/or full delays of the ELD mandate. Needless to say, Congress rarely (if ever) moves with the speed and efficiency required to enact legislation within those time constraints.
For any questions please contact Parker Green at [email protected].