New FMCSA Regulations Impact Agriculture
The Honorable Linda L. Chezem
Lawyers who represent businesses that ship or receive products should take a look at the December 18, 2017 regulations from the Federal Motor Carrier Safety Administration (“FMCSA”). Congress instructed the agency to adopt regulations requiring electronic logging devices (or ELDs) on commercial trucks with the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141) (MAP-21), as signed into law by President Obama on July 6, 2012. The first mandatory regulations will go into effect on December 18.
The increase in costs of shipping is only a tip of the iceberg. Consider these impacts: increased shipping costs, decreased shipping services, increased time for in transit, and increased inventory required.
These regulations are aimed at owner/operators and the small truck companies. The impact will be particularly harsh on rural and agricultural enterprises and small businesses. The actual technology is not reliable enough to justify mandatory status. The regulations coupled with the poorly designed hours-of-service rules will force law enforcement and the truckers to navigate a difficult technical maze. Trucks will still have to carry paper logs for when the technology fails.
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