ELD IS GOING AWAY !!!!!

Shows how little some folks know about how laws and regulations come into place. The ELD thing was part of what was passed by Congress in the MAP-21 Federal Highway stuff. A law passed by Congress cannot be rescinded by a President. The implementation timing may have been FMCSA directed, but the mandate to do so was directed by Congress. Until there is a bill that rescinds the MAP-21 legislation, and is passed by both houses of Congress, and then is signed into law by the President, the ELD thing is not going away.

 

The regulation can still be recinded as it was implemented by a regulatory agency. The same agency that implemented it can walk it back given new leadership and a new direction under a new administration...or at the very least, altered to push back the enforcement date by another year or two allowing Congress time to act, or even making the number of "must run" trucks much lower...say another category or two of exemptions (such as veteran drivers with safe records, or carriers below a threshold size). The congress can also pass a law requiring it to be recinded, at which time the agency would have to begin work towards removing it.

Like I said, not holding my breath...but it isn't impossible to have happen.

 

Well, the agency that implemented the ELD regulation, did it because the Congress told them to thru legislation. They can't just "walk it back" unless Congress rescinds the law that told them to do it. Might be possible to delay it, but then, they have to explain to Congress why, and if Congress disagrees, then it still sits. And 35 Congressmen calling for DT to rescind it is a mere fraction of the 535 total congressmen. There is a lot of proposed legislation that never saw the light of day with significantly more congressmen on board. DT has no say in it.

The key is getting both houses of Congress on the same sheet of music and then having DT sign it. We all know, that is a long shot at best. Now, the speed limiter thing, that is purely department driven. It can be stopped at any point by the DOT, which is the central boss for the FMCSA and the NHTSA, or the President who is boss over the DOT. So if it doesn't get shelved, then you know who to blame.

 

@Dave_in_AZ does the cat know that you put her on the line?

I hope your right

 

The way these and almost all other regulations come into effect start with a vague mandate included in legislation that is voted on and passed by both the house and the senate. Included in the law are instructions to whatever agency is in charge ( EPA, DOT, Agriculture, HHS Whatever) to implement said vague legislation by whatever means necessary. Figuring out the intent in the law which is usually written to appease as many legislators as possible is the hard part. The courts get involved to interpret the specifics and that is where we stand now.
The best example lately is the jerking around of the 34 hour reset rules. None of the several chsnges to HOS regs since 2003 have been voted on by congress. All of them were undertaken by the FMCSA on a legislative mandate dating back to the 1930's. Congress doesn't vote on every regulatory change, they have neither the time nor expertise to do so. They did vote to rollback the percieved onerous 34 hr reset requirements like 2 midnight to 05::00 times. Otherwise it is left up to the discression of the administrator of the agency. That is why they are approved by the senate.
The overstepping and over regulation by unelected bureaucrats was a major campaign issue. That is why this could be changed. Only time will tell

 

I think the best way is to see which application is the most flexible, no point fighting the big institutions.