ELD Mandate Federal & American Horse Council Webinar

ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Sun Feb 11, 2018 5:22 am

American Horse Council Webinar is tomorrow FEBRUARY 12

The AHC states this will be recorded and posted both on its webpage and on the Facebook page.
The webinar is now full and thus closed to more participants.

To be discussed are what is required and details of the electronic logging device, requirements for a CDL and what the AHC is doing to mitigate effects of proposed changes on the equine industry.

Will try to copy and paste whatever the AHC puts up - within legal limits ;)
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Mon Feb 12, 2018 2:58 pm

https://www.freeconferencecall.com/wall ... Id=7669540

this is audio only

Website states there will soon be another Webinar on this same subject
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Tue Feb 13, 2018 8:55 am

Through discussion off the Facebook page
Minnesota Living quarters horse trailer is exempt from CDL requirements unless you are engaged in a commercial activity - Michigan said to be the same

So how does each state define commercial activity or this new law/regulation? Professional trainers are going to be named commercial, as well as breeders.
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Thu Feb 15, 2018 3:06 pm

FROM: http://protecttheharvest.com/2017/11/29 ... -industry/

Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements.

Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)

The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts.

When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined.

Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too.
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Thu Feb 15, 2018 3:09 pm

SAME SOURCE as post above

Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). [b]If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business.[/b]

Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles.

Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial.

Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category.

If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA).
Last edited by An American Breeder on Thu Feb 15, 2018 3:21 pm, edited 3 times in total.
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Thu Feb 15, 2018 3:10 pm

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.”

AGRICULTURAL USE:
Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:

Hauling farther away than 150 miles and not more than 8 days in a 30 day period.

To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days.

In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time.

If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle.

Drivers of vehicles manufactured before 2000 are not required to implement an ELD.
Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal).

Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events.

SHORT HAUL:
Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul.

You must:
Start and return to same location within 12 hours of duty time
Drive no more than 11 hours
Have ten consecutive hours off between shifts
Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work.
Not exceed a 100-mile radius from your starting location

IMPOSSIBLE! How can one drive to a trail ride if it is 120 miles away, not unlikely where I live, go on a trail ride, stay overnight and drive back - will not be within the 12 hours allowed !
Last edited by An American Breeder on Thu Feb 15, 2018 3:16 pm, edited 1 time in total.
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Thu Feb 15, 2018 3:11 pm

Same Source

Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:

Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).
The GVWR is over 10,000 pounds AND if you travel into other states
Depending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles.
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Thu Mar 01, 2018 1:03 pm

Non-Business Related Transportation of Horses

Published Federal Motor Carrier Safety Administration (FMCSA) guidance provides an exception for the transportation of horses when the transportation in question is not business related (neither for compensation, nor where the driver is engaged in an underlying business related to the move). In these cases, the Federal Motor Carrier Safety Regulations (FMCSRs) do not apply, even if prize or scholarship money is offered. This includes the Hours-of-Service (HOS) regulations, requirements for Electronic Logging Devices (ELD) and Commercial Driver's Licenses (CDL) regulations, unless required by the driver’s home state. REMEMBER: COMPENSATION WOULD BE SHARING GAS COSTS

How to Determine if a Driver Transporting Horses is Required to use an ELD or Have a CDL While Operating a Commercial Motor Vehicle
If a safety official stops a driver transporting horses for personal use, FMCSA recommends the driver explain the transportation of the horses is non-business related.

If it is determined a driver is engaged in an underlying business related to the transportation of the horses, the FMCSA recommends that the driver use the following questions to determine if they are required to have a CDL, use an ELD, or use paper records of duty status (RODS) to record their HOS:

Is the vehicle being used for a non-commercial purpose, such as taking a personally owned animal to a show when the underlying business is unrelated? NOTE: A FRIEND'S HORSE CANNOT BE TAKEN NOR A Relative's, only a PERSONALLY OWNED
If YES, a CDL is NOT required.

Does the vehicle have a GVWR or GVW (whichever is greater) or is it a combination (truck and trailer) with a GCWR or GCW (whichever is greater) of 10,001 pounds or more?
If NO, then the HOS and CDL regulations requirements DO NOT apply.

Does the vehicle have a GVWR or GVW (whichever is greater) or a combination vehicle (truck and trailer) with a GCWR or GCW (whichever is greater) of 10,001 pounds or more, but less than 26,001 pounds?
If YES, the individual MAY need to have an ELD to complete the RODS. However, a CDL is NOT required.

Does the vehicle have a GVWR or GVW (whichever is greater) of 26,001 pounds or more, or a combination vehicle (truck and trailer) with a GCWR or GCW (whichever is greater) of 26,001 pounds or more, inclusive of a towed unit with a GVWR or GVW of 10,000 pounds or more?
If YES, the individual MAY need to have an ELD to complete the RODS and a CDL MAY be required.

We note that there are several ELD exceptions that may apply. Those include, but are not limited to drivers who operate solely within a 100-air mile radius and work no longer than 12 hours each day, vehicles that are older than model year 2000, and drivers who are only required to complete RODS for eight (8) days or less in a 30-day period.

Please note that the Federal Motor Carrier Safety Regulation exception for the commercial transportation of horses and other animals to shows and events, as well as cars, boats and other similar items does not exempt the driver from the CDL requirement. Employers and drivers who transport horses and other animals to shows and events in a vehicle that has GVWR or GVW of 26,001 pounds or more; or the vehicle is a combination of vehicles (truck and trailer) with a GVWR or GCWR of 26,001 pounds or more, inclusive of a towed unit with a GVWR or GVW of more than 10,000 pounds, must comply with the CDL requirements. However, a State may, at its discretion, exempt operators of farm vehicles from the CDL requirements. The use of the farm vehicle waiver is limited to the driver’s home State unless there is a reciprocity agreement with adjoining States.

Non-Business Related Transportation of Horses Frequently Asked Questions
49 CFR § 390.3(f)(3) “Occasional use” exemption
Question: 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 commercial motor vehicles (CMVs) to transport horses to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: 49 CFR §390.3(f)(3) provides an exemption for the “occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise.” This exception is explained in the FMCSA's regulatory guidance for Part 390, question 21. If a person meets the requirements of that exemption, they are not subject to the FMCSRs, including the requirement for using an ELD. CLEAR AS MUD

Electronic Logging Device (ELD)
Scenario 1:

Question: If a driver transports a horse in interstate commerce in a vehicle that has a GVWR or GVW (or combination vehicle that has a GVWR, GVW, or GCWR), none of which is greater than 10,000 pounds, is the driver required to use an ELD?

Guidance: No. A driver who transports a horse in interstate commerce in a vehicle that has a GVWR, GVW (or combination vehicle that has a GVWR, GVW, or GCWR), none of which is greater than 10,000 pounds, is not subject to the FMCSRs and is, therefore, not required to use an ELD.

Scenario 2:

Question: If a driver transports a horse only in intrastate commerce is the driver required to use an ELD?

Guidance: In general, the FMCSRs do not apply to intrastate commerce, however, States have similar regulations that may vary from Federal regulations and from State-to-State. A driver in intrastate commerce should check with the commercial motor vehicle enforcement authorities in that State to determine which regulations apply.

Scenario 3

Question: If a driver transports a horse in interstate commerce in a vehicle that has a GVWR or GVW (or combination vehicle that has a GVWR, GVW, or GCWR), any one of which is 10,001 pounds or greater, and the driver does not qualify for the “occasional use” exemption in §390.3(f)(3), is the driver required to use an ELD?

Guidance: Yes. A driver who transports a horse in interstate commerce in a vehicle that has a GVWR or GVW (or combination vehicle that has a GVWR, GVW, or GCWR), any one of which is 10,001 pounds or greater, and the driver does not qualify for the “occasional use” exemption in § 390.3(f)(3), is required to use an ELD unless subject to one of the ELD exceptions.

Scenario 4

Question: If a driver transports a horse in interstate commerce in a vehicle that has a GVWR or GVW (or a combination vehicle that has a GVWR, GVW, or GCWR), any one of which is 10,001 pounds or greater, and the driver does qualify for the “occasional use” exemption in § 390.3(f)(3), is the driver required to use an ELD?

Guidance: No. A driver who transports a horse in interstate commerce in a vehicle, or combination vehicle, that has a GVWR or GVW of more than 10,000 pounds, and the driver does qualify for the “occasional use” exemption in § 390.3(f)(3), is not subject to the FMCSRs and is therefore not required to use an ELD.

Commercial Driver’s License (CDL)
Note: Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.

Scenario 1

Question: If a driver transports a horse in intrastate or interstate commerce in a vehicle, or combination vehicle, that has a GVWR or GVW of more than 10,000 pounds but less than 26,001 pounds, is the driver required to have a CDL?

Guidance: No. A driver who transports a horse in intrastate or interstate commerce in vehicles, or combination vehicles, that have a GVWR or GVW of more than 10,000 pounds but less than 26,001 pounds are not required to have a CDL.

Scenario 2

Question: If a driver transports a horse in interstate or intrastate commerce in a vehicle, or combination vehicle, that has a GVWR or GVW of more than 26,000 pounds in interstate or intrastate commerce, is the driver required to have a CDL?

Guidance: A driver who transports a horse in a vehicle, or combination vehicle, in interstate or intrastate commerce may be required to have a CDL if:
The vehicle has a GVWR or GVW of 26,001 pounds or more; or
The combination vehicle has a gross combination weight rating or gross combination weight of more than 26,000 pounds, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.

Updated: Thursday, February 22, 2018
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Thu Mar 01, 2018 1:10 pm

Availability of Agricultural Exemptions
Congress provided four statutory exemptions to the Federal Motor Carrier Safety Regulations that may apply to agricultural operations:

Covered farm vehicles of 26,001 pounds or more operated by a farmer or an employee of the farmer are exempted from the HOS and CDL regulations if the vehicle is operated anywhere in the State of registration or across State lines within a 150-air mile radius of the farm or ranch with respect to which the vehicle is being operated. Covered farm vehicles of 26,000 pounds or less are exempt throughout the country.

Drivers who transport agricultural commodities within a 150-air mile radius of the farm or ranch with respect to which the vehicle is being operated are exempted from the HOS regulations. FMCSA has recent published proposed guidance on the use of this exemption.

Drivers who transport commercial bees in interstate commerce are exempted from the HOS regulations 30-minute break requirement if there are bees on the vehicle.

Drivers who transport livestock in interstate commerce are exempted from the HOS regulations 30-minute break requirement if there is livestock on the vehicle.

In addition, for certain times during drivers' operations when they are not under dispatch or involved in the transportation of an agricultural commodity, hours driven may be considered personal conveyance and not counted against the daily and weekly limits. Further explanation can be found in the recently published proposed guidance on personal conveyance.

General Applicability of the Federal Motor Carrier Safety Regulations (including ELD and HOS)

If the vehicle or combination of vehicles (truck and trailer) have a gross vehicle weight rating (GVWR), a gross combination weight rating (GCWR), a gross vehicle weight (GVW), or a gross combination weight (GCW) of 10,001 pounds or more and the operation is not otherwise excepted as described above, then the Federal Motor Carrier Safety Regulations apply.

ELD Exceptions
There are several ELD exceptions that could apply to a carrier’s operation, including, but not limited to the following:

The exception for preparing a logbook found in 49 CFR 395.1(e) for those drivers who operate solely within a 100-air mile radius of their normal work reporting location and work no longer than 12 hours each day, also applies to ELDs.
Vehicles that are older than model year 2000.

Drivers who are only required to complete paper records of duty status for eight (8) days or fewer in any 30-day period.
Recording HOS when Transporting an Agricultural Commodity.

When a driver operates a vehicle under an agriculture exemption outside of the designated air-mile radius of the farm or ranch with respect to which the vehicle is being operated and the driver does not qualify for a limited ELD exemption, the driver may use one of the following two options to record their HOS on an ELD:

Option 1

A driver can operate within the 150-air mile radius without logging into the ELD and log into the ELD once they have reached the 150-air mile radius limit. The drive time that takes place within the 150-air mile radius will be identified on the ELD as “unidentified driving” time. The driver will reject the unidentified driving on the ELD and the motor carrier must make an annotation to the ELD data explaining that the “unidentified driving” is driving time that occurred while operating under an agriculture HOS exemption.

Option 2

The driver can log into the ELD upon coming on duty and identify the time operating within the 150-air mile radius by making an annotation on the ELD stating that the vehicle was operating under an agriculture HOS exemption.

In the case where it is determined the driver is required to use an ELD, the safety official will review the ELD data by transferring the data to the Electronic Records of Duty Status (eRODS) software using the telematics or local transfer option. If the ELD data cannot be transferred, the safety official will review the data by viewing the ELD display screen or printout. In accordance with the ELD rule, the ELD is not required to identify driver violations and the driver remains accountable at all times for their non-compliance with the Federal Motor Carrier Safety Regulations HOS rules.

General Applicability of Commercial Driver’s License (CDL) Requirements:
A CDL is required if:

The vehicle has a GVWR or GVW of 26,001 pounds or more; or the vehicle is
A combination of vehicles (truck and trailer) with a GVWR or GCWR of 26,001 pounds or more, inclusive of a towed unit with a GVWR or GVW of more than 10,000 pounds.

However, if the vehicle is being used for a non-commercial purpose, such as recreational vehicle, or a vehicle that is involved in transportation similar, such as transporting horses and other animals to shows and events, as well as cars, boats and other similar items, a CDL may not be required, unless it is required by the State Licensing Agencies. If the underlying business is not related to that transportation, then it is considered non-commercial. This includes any unrelated agricultural business, such as a cattle rancher that owns horses for personal use, unrelated to that cattle ranch.

Employers and drivers who transport horses and other animals to shows and events, as well as cars, boats and other similar items, in a vehicle that has GVWR or GVW of 26,001 pounds or more; or the vehicle is a combination of vehicles (truck and trailer) with a GVWR or GCWR of 26,001 pounds or more, inclusive of a towed unit with a GVWR or GVW of more than 10,000 pounds, must comply with the licensing requirements with their State, which may or may not require a CDL.

In addition, a State may, at its discretion, exempt operators of farm vehicles from the CDL requirements. The use of the farm vehicle waiver is limited to the driver’s home State unless there is a reciprocity agreement with adjoining States.

How to Determine if a Driver is Required to have a CDL
If a safety official stops a CMV transporting an agricultural commodity, to include non-processed foods, feed, fiber, or livestock, the FMCSA recommends that the driver explain that the transportation is agricultural related. If it is determined that a driver is engaged in non-agricultural related transportation or the driver does not qualify for an agricultural exemption, FMCSA recommends that the driver use the following questions to determine if they are required to have a CDL:

Is the vehicle being used for a non-commercial purpose, such as taking a personally owned animal to a show when the underlying business is unrelated?
If YES, a CDL is NOT required. REMEMBER: BREED ANY HORSE, SELL ANY FOAL, YOU ARE NOW COMMERCIAL

Does the vehicle have a GVWR or GVW (whichever is greater) or is it a combination (truck and trailer) with a GCWR or GCW (whichever is greater) of 10,001 pounds or more?
If NO, a CDL is NOT required.

Does the vehicle have a GVWR or GVW (whichever is greater) or a combination vehicle (truck and trailer) with a GCWR or GCW (whichever is greater) of 10,001 pounds or more, but less than 26,001 pounds?
If YES, a CDL is NOT required.

Does the vehicle have a GVWR or GVW (whichever is greater) of 26,001 pounds or more, or a combination vehicle (truck and trailer) with a GCWR or GCW (whichever is greater) of 26,001 pounds or more, inclusive of a towed unit with a GVWR or GVW of 10,000 pounds or more?
If YES, a CDL MAY be required.

For more information regarding the ELD rule, visit FMCSA’s ELD webpage. Questions can be submitted to agricultural@dot.govEmail links icon.

Updated: Wednesday, February 28, 2018
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Re: ELD Mandate Federal & American Horse Council Webinar

Postby An American Breeder » Tue Mar 27, 2018 4:43 am

From American Horse Council Facebook page dated March 21, 2018

On March 13, it was announced agricultural commodity haulers are exempted from the electronic logging device (ELD) mandate for the next 90 days (from March 18, 2018 through June 18, 2018). These haulers must keep a copy of the waiver document in their truck to take advantage of the new 90 day delay. Many drivers already have a copy of the “old” delay waiver, which ran from December 18, 2017 to March 18, 2018, but should replace it with a new document, which can be found at the link below.


March 13, 2018

The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) today announced additional steps to address the unique needs of the country’s agriculture industries and provided further guidance to assist in the effective implementation of the Congressionally-mandated electronic logging device (ELD) rule without impeding commerce or safety.

FMCSA is announcing an additional 90-day temporary waiver from the ELD rule for agriculture related transportation. Additionally, during this time period, FMCSA will publish final guidance on both the agricultural 150 air-mile hours-of-service exemption and personal conveyance.

It is important to note that this 90 days is an extension of the previous 90 days given to all agriculture commodity haulers. This is not a final decision on the livestock specific ELD exemption request filed in September—a determination on that request is still to be made. The AHC will continue to push for this exemption along with other livestock industry associations. The welfare, safety, and health of the animals in transit, together with the safety of other drivers on the road, are top priorities for the equine industry and its enthusiasts.

The AHC will continue to work with the FMCSA and the DOT during this delay to better meet the needs of the animal agriculture community to ensure that there are no unintended consequences from current ELD regulations.

If you have any questions, please contact the AHC.

http://www.horsecouncil.org/press-relea ... ld-waiver/
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