ELD and Hauling

[SuckerForHorses]

I keep seeing mass panic over this new FMCSA regulation on electronic data logging for commercial truckers, and now horse people all over the place are panicking and thinking that its going to affect them. Maybe it will, maybe it won’t. Maybe you should have already been logging your hours and haven’t been following the law all along.

I’m no expert on this, but have done some research because well, it’s what I like to do. I sat with the guys at FMCSA yesterday for an hour discussing all of this so this is subject to correction by someone who actually works for FMCSA, I’m not the subject matter expert.

Here is the Federal Register final rule on the “Electronic Logging Devices and Hours of Service Supporting Documents” - https://www.gpo.gov/fdsys/pkg/FR-2015-12-16/pdf/2015-31336.pdf

If I’m understanding this and my recent discussion with FMCSA correctly, essentially, this change just affects the carriers who ALREADY are (or should be) logging hours of service and records of duty status.

IMO, the things that us horse folks should be thinking about is…are we following the regulations that are ALREADY on the books, regarding whether we need USDOT numbers and/or Commercial Driver’s licenses.

Because there are most certainly instances where even the hobby horse owner has a truck and trailer that when combined, the GCWR meets the FMCSA definition of a vehicle that needs a Class A CDL to operate, even if only for personal use.

49 CFR Part 383 outlines Commercial Driver’s License Standards. Subpart F outlines the commercial vehicle groups and their definitions.

According to this regulation, you need a Class A CDL to operate “Any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 lbs or more provided the GVWR of the vehicle(s) being towed is in excess of 10,000 lbs.”

There are hobby horse owners out there with 1 ton dually pickups that when combined with their 4 horse living quarter’s trailer that has a 12,000 GVWR, are going exceed the 26,001 lbs and meet the standards of a vehicle requiring a Class A CDL. In addition to needing the CDL, you’d also be subject to the drug testing requirements that go along with having a CDL.

There is also a lot of confusion regarding what vehicles require a USDOT number. You can find answers to that right on the FMCSA website here: https://www.fmcsa.dot.gov/registration/do-i-need-usdot-number

If you still have questions, the US DOT FMCSA Field Office points of contact in your state can be found here: https://www.fmcsa.dot.gov/mission/field-offices

You may meet the requirement to need a CDL and not need a USDOT number.
You may meet the requirement to need a USDOT number but not need a CDL.
You may need both.
You may need neither.

You should also be aware of any state-specific laws that may be more restrictive than the Federal regulations.

[Jim_in_PA]

You should also be aware of any state-specific laws that may be more restrictive than the Federal regulations.

This is very important…there are some areas of the country where LE seeming tends to pick on horse transport based on anecdotal stories folks have posted from time to time. “Local” is a very important factor above all of this other stuff. Know your routes and what you might expect, especially if you have a larger rig and might “appear” to be something “commercial”, even when you’re not.

[tobruk]

It appears that enforcement with livestock haulers has been delayed for 90 days until they can more clearly define who is a “livestock” hauler. It still doesn’t negate the fact that a lot of horse people, trainers mostly, are driving around without the proper license and insurance.

[Guilherme]

@skip99

Disclaimer: I am HR at a logistics company. I have a safety department who provides me with information, but am pretty familiar with the regulations myself. Also posting from my phone so apologies for any typos.

Just to be clear, ELD is not what is providing new rules. The rules are exactly the same as before. If you have a CMV and are shipping for a profit and traveled outside the 100 mile radius you should have had a DOT/MC number and therefore been complying with logs, DQ files, medical card, etc. (Some of the aforementioned circumstances may make you fall under different regulations).

The only thing that ELDs change is the method in which logs are tracked. Big shippers such as Brookledge already use two drivers to be in compliance with DOT regs.

Those of you with personal rigs should not need to have ELDs just as you have not been required to keep logs in the past - ELDs are only for those who the regulations apply to and again the regulations are not changing.

Those with a CMV who haul horses to shows or other activities with no intent to make profit as a business should be exempt under section 390.3 (f)(3).

Again if you are shipping and making money for your business doing so you should have been following the rules and keeping logs all along.

Thank you for a very clear and rational explanation of the rules. From my reading you are completely correct. The only addition i might make is that there is, in the horse world, a “gray zone” between “personal” and “commercial.” If you are an individual, not a business at any level, and you earn a prize at a horse show which is a thing of value (not just a blue ribbon but money, goods, services, etc.) does this make you “commercial” under the law? If you own a truck and trailer and receive money from your traveling partner is “expense sharing” going to make you “commercial”? If you swap favors with a friend and haul their horse to the vet and they fix your lawnmower does this “barter” arrangement make you “commercial”? These are really unanswered questions at this point and this means confusion and often some very bad advice.

Personally, I’ve not seen an increase in enforcement in my areas of travel against “consumer grade” horse trailers. I only have hearsay about one real enforcement effort that took place in Texas a few years back where people departing a show grounds were met by the Texas Weight Watchers that were weighing trailers and if the trailer was in violation “parked it” until it lost enough poundage to be legal.

G.

[Brian]

@Guilherme

Thank you for a very clear and rational explanation of the rules. From my reading you are completely correct. The only addition i might make is that there is, in the horse world, a “gray zone” between “personal” and “commercial.” If you are an individual, not a business at any level, and you earn a prize at a horse show which is a thing of value (not just a blue ribbon but money, goods, services, etc.) does this make you “commercial” under the law? If you own a truck and trailer and receive money from your traveling partner is “expense sharing” going to make you “commercial”? If you swap favors with a friend and haul their horse to the vet and they fix your lawnmower does this “barter” arrangement make you “commercial”? These are really unanswered questions at this point and this means confusion and often some very bad advice.

G.

The answer to those questions lies in the hands of the DOT officer making the stop. Similar to traffic enforcement, I’m sure there are those who write speeding tickets for 1 mph over the limit and others who wouldn’t. I also believe there are DOT officers who’d answer yes to all of those questions and some who’d say no. If you think you’ll be out of compliance under the new ELD mandate, then you’ve probably been out of compliance in the past.

None of the rules have changed. The only difference is the mandate to go to an Electronic Logging Device as opposed to manual log books. If you weren’t required to fill out log books before, you don’t need to install an ELD in your vehicle.

You can be stopped at any time for any reason. I think most DOT enforcers look for vehicles/trailers that are dirty, appear to be poorly maintained, missing/burnt out lights or reflective DOT tape, etc… as they are more likely to result in violations.

I tell my wife to remember two things if ever stopped…All of the horses in the trailer are hers and she’s going trail riding…

[skip99]

If you are using your personal set up (non-CMV) to travel to shows where you earn prize money, prize money does not make you fall under regulations. The key is knowing if your rig should be a CMV in the first place which would be if: if you are over 10,001 pounds or more with your trailer AND engage in interstate commerce. If you are over 26,001 pounds then you need a CDL regardless of whether you are engaged in commerce or not. The key word is commerce. If you are not a business you have 0 to worry about (unless over 26,0001 lbs in which case you should have your CDL A).

If you are a CMV but use your rig occasionally to ship your personal horses to shows the following question shows that unless you are writing off costs of doing so as a business expense, claiming prize money as ordinary income and are not sponsored you are exempt.

From the FMCSA FAQ page:

"Question 21: Does the exemption in §390.3(f)(3) for the “occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise” apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject."

[Guilherme]

New development:

https://www.overdriveonline.com/as-cow-haulers-applaud-eld-exemption-in-dot-funding-bill-legislation-advances/

G.