Congressman asks for Executive Order delaying ELD mandate for commercial motor vehicles

Washington – Rep. Brian Babin (R-TX) is making another attempt to delay the Federal Motor Carrier Safety Administration’s mandate for electronic logging devices in commercial motor vehicles – set to go in effect Dec. 18 – by asking President Donald Trump to sign an Executive Order.

“I respectfully request that you issue an Executive Order as soon as possible,” Babin wrote in a letter to the president on Nov. 9, “instructing the Secretary of Transportation to provide an immediate waiver for all trucking sectors and operations subject to this mandate, until such time as it can be certified that implementation will not cause economic or other harm to the millions who are subject to it.”

He further stated that his preference is to delay the mandate “for as long as it takes,” but at a minimum until April 1.

Babin introduced the ELD Extension Act of 2017 (H.R. 3282) on July 18. That legislation currently is in the House Transportation and Infrastructure Committee. He also offered an amendment, which was defeated (246-173) on Sept. 6, to the Make America Secure and Prosperous Appropriations Act of 2018 to prevent funding for the the ELD mandate.

The ELD regulation has survived legal challenges in the past year, including the U.S. Court of Appeals for the 7th Circuit denying an attempt to block the mandate on Oct. 31 and the Supreme Court on June 12 declining to hear an appeal.

ELDs, used instead of paper logs to track of hours of service, have garnered support from the American Trucking Associations. The Owner-Operator Independent Drivers Association is among those organizations that oppose use of the devices.

Raymond Martinez, President Trump’s nominee for administrator of the Federal Motor Carrier Safety Administration, facing questions about ELDs during an Oct. 31 nomination hearing before the Senate Commerce, Science and Transportation Committee, said “it would be my intention, if confirmed, to first and foremost abide by the law, but also to have an open-door policy and work with all the impacted stakeholders.”