Heavy Duty Trucking, May 2018

HDT MAY 2018 12 WWW TRUCKINGINFO COM When it rains it doesnt always pour David Cullen Executive Editor dcullen@ truckinginfo com David covers legislative and regulatory issues for Truckinginfo com and HDTs monthly Washington Watch as well as writing substantive features for the magazine on management issues equipment trends and more He can be reached at dcullen@ truckinginfo com or 203 371 0040 here was next to nothing for trucking in that trillion dollar plus budget bill Yes livestock haulers did a happy dance when the big budget bill went through late in March But to be sure not everyone in trucking got anywhere near what they wanted in that everything and the kitchen sink piece of legislation But thanks to the 13 trillion omnibus funding measure livestock haulers are getting months and months of respite from complying with the electronic logging device rule That despite the ELD mandate only having impinged up on them for a scant three months Tucked into the gargantuan bill is a provision that declares that the use of electronic logging devices by operators of commercial motor vehicles transporting livestock will not be required during federal fiscal year 2018 which runs from Oct 1 2017 to Sept 30 2018 That means that the most recent ELD exemption covering livestock haulers for 90 days issued by the Federal Motor Carrier Safety Administration and announced on March 13 will get stretched by over three months The 13 trillion package was approved by the House by a vote of 256 to 167 on the afternoon of March 22 and the Senate voted 65 to 32 to approve it around 12 30 a m on March 23 President Trump signed the bill on March 23 despite having tweeted early that day that he was considering a veto because the bill did not fix the expiring Deferred Action for Childhood Arrivals DACA program and did not fully fund his border wall on the U S Mexico border Another narrow slice of pie served up to trucking in the big bill is permission for New Hampshire and North Dakota to allow certain dump trucks to operate with GVW ratings of up to 99000 pounds and 129000 pounds respectively But left off when the omnibus left Capitol Hill with a whoop and a holler was any language that would prevent individual states from mandating meal and rest break for commercial drivers Reacting to the absence of reform action on the meal rest break issue that has been sought for years by trucking interests Joe Rajkovacz director of governmental affairs and communications for the Western States Trucking Association told HDT We are disappointed that Congress has once again kicked the can down the road related to clarifying congressional intent over preempting state laws related to meal and rest break issues by not including language to resolve this issue once and for all He wasnt the only unhappy camper The lack of a fix for the state meal and rest break issue is disappointing to ATA because we had hoped Congress would assert itself and reiterate a position that it has long maintained that only the federal government not individual states can regulate interstate commerce American Trucking Associations spokesman Sean McNally told HDT McNally added that ATA will continue to urge Congress and the administration to exercise the constitutional right to overrule states like California that are setting up an untenable patchwork of rules for interstate businesses like trucking companies that are designed not to enhance safety or improve driver comfort but to line the pockets of the plaintiffs bar However as one positive McNally added the bill does include some additional money for highway investments and other trucking related provisions Indeed the omnibus bill earmarks more than 21 billion for infrastructure projects across the country including ones affecting the transportation energy water and cyber sectors according to the House Appropriations Committee WASHINGTON WATCH Left off when the omnibus left Capitol Hill was any language that would prevent individual states from mandating meal and rest break for commercial drivers T