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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