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Russell Nemetz New Legislation Introduced to Examine and Reform Hours of Service and ELD Regulations
by Russell Nemetz, click here for bio

Program: Land & Livestock Report
Date: June 14, 2018

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Senators John Hoeven (R-N.D.) and Michael Bennet (D-Colo.) today introduced the Modernizing Agricultural Transportation Act, bipartisan legislation to reform the Hours of Service (HOS) and Electronic Logging Device (ELD) regulations at the U.S. Department of Transportation (DOT). Further, the enforcement of the ELD rule would be delayed until the reforms required under the bill are formally proposed by the U.S. Secretary of Transportation.

“Improving highway safety is an important goal, but the rules we put in place must recognize the very real challenges faced by those who haul livestock and other perishable commodities,” said Senator Hoeven. “Our legislation would delay enforcement while ensuring that the HOS and ELD rules are reformed with the concerns of all impacted stakeholders taken into account. That means providing a permanent, flexible solution that both strengthens safety and ensures the humane transportation of livestock.”

“Our bipartisan legislation will provide Colorado’s farmers and ranchers a seat at the table to help develop sensible rules around the transportation of agricultural goods,” said Senator Bennet. “It is important that we maintain safe roads for all, while also recognizing the unique flexibility needed for the transportation of Colorado’s agriculture products.”

Specifically, the Hoeven-Bennet bill would establish a working group at DOT to identify obstacles to the safe, humane and market-efficient transport of livestock and, within one year of the group’s establishment, develop guidelines for regulatory or legislative action to improve the transportation of these commodities. The working group will be comprised of representatives from the transportation and agriculture industries, as well as the U.S. Department of Agriculture, and is required to consider:

•The impact, incompatibilities and other challenges and concerns of existing HOS rules and ELD rules under the Federal Motor Carrier Safety Administration (FMCSA) on the commercial transport of livestock, insects and agricultural commodities.

•Initiatives and regulatory changes that maintain and protect highway safety and allow for the safe, efficient and productive marketplace transport of livestock, insects and agricultural commodities.

•Other related issues that the Transportation Secretary considers appropriate.

Within 120 days of receiving the working group’s report, the Transportation Secretary must propose regulatory changes to the HOS and ELD regulations, taking into account the findings and recommendations of the working group.

The Modernizing Agricultural Transportation Act is supported by the National Pork Producers Council (NPPC), National Cattlemen’s Beef Association (NCBA), United States Cattlemen’s Association (USCA), Livestock Marketing Association (LMA), American Farm Bureau Federation (AFBF), the American Honey Producers Association (AHPA) and the Rocky Mountain Farmer’s Union (RMFU). Click here for statements in support of the Hoeven-Bennet legislation.

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