Are there ANY ELD's that have a "HOS EXEMPT" duty status option?

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Accidental Trucker, Jan 7, 2018.

  1. Accidental Trucker

    Accidental Trucker Road Train Member

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    With the ELD requirement, we are running into a situation where on some of our runs, we are HOS exempt (Agridultural commodities and farm supplies within 150 air mile exemption). Is anyone aware of an ELD that incorporates that duty status option? Right now, the ELD shows "violation" even if there is none, and that's hard to explain to the man with the badge and the gun......
     
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  3. Mark Kling

    Mark Kling Technology Contributor

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    Last edited: Jan 7, 2018
  4. Scooter Jones

    Scooter Jones Road Train Member

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    BigRoad does. You can change the settings easily from the administrator portal. Looks like this:

    BigRoadSettings.JPG
     
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  5. Accidental Trucker

    Accidental Trucker Road Train Member

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    Neither of those incorporate the agricultural 150 Air mile HOS exemption. I am looking for an ELD that tracks time correctly (that is no accrual to the 8 /11/ 14 / 70 clocks) during the haul of agricultural commodities within 150 miles of the source.

    The search continues....
     
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  6. Mark Kling

    Mark Kling Technology Contributor

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    There is no tracking of time... The ELD simply shows Exempt. Why are you thinking the hours still need to be tracked?

    • 49 CFR 395.1(k) provides exceptions from the HOS rules, during planting and harvesting periods as determined by the State, for the transportation of agricultural commodities (including livestock, bees and other commodities) within a 150-air mile radius from the source of the commodities. The same provision applies to the delivery of supplies and equipment for agricultural use from a wholesale or retail distribution point.
    • The HOS regulations do not apply to the transportation of agricultural commodities operating completely within the 150-air mile radius by for hire or private carriers. Therefore, work and driving hours are not limited and the driver is also not required to use an Electronic Logging Device (ELD). In an operation where drivers share vehicle(s) equipped with ELDs, a driver that is always exempt can use an “Exempt Driver” account.
    • Once a driver operates beyond the 150-air mile radius, the HOS regulations apply. Therefore, starting at the time and location where the transporter goes past the 150-air mile radius, the driver must maintain logs using an ELD, unless the driver or the vehicle meets one of the limited ELD exemptions. The driver must work and drive within the limitations of the HOS rules when operating beyond the 150-air mile radius. Time spent working within the 150 air-mile radius does not count toward the driver’s daily and weekly limits.
    • When operating within the 150 air-mile radius the driver should not log into the ELD. Upon exiting that radius, the driver should then log into the ELD, and annotate that any unassigned miles accumulated prior to that point were exempt miles.
    • Drivers transporting agricultural commodities are not required to use an ELD if the vehicle was manufactured before the model year 2000, provided they prepare paper logs, or if they do not operate outside of the 150 air-mile radius for more than 8 days during any 30-day period, provided they prepare paper logs on the days when they are not exempt from the HOS rules.
    • Covered farm vehicles, as defined in 49 CFR 390.5, are exempted from the HOS regulations per 49 CFR 395.1(s). Carriers operating under this exemption are also not required to have an ELD. This only applies to private transportation of agricultural commodities, including livestock by the owner or operator of a farm or ranch, or family members or employees.
     
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  7. Accidental Trucker

    Accidental Trucker Road Train Member

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    Mark, for a couple of reasons. One is simply to avoid roadside Barney Fife's looking at the ELD and a bunch of miles with an unassigned driver, and not being up to speed on the rules. Then I get to go to the judge and spend all the time and effort showing Barney Fife that he is wrong again. I can see all the Washington state rookies at Bow Hill thinking they caught the big bad rogue trucking company. Been there, done that, would rather not be in the DOT education business.

    The second, more important reason, is that we transport into Canada, and these miles and hours are NOT exempt in Canada. So I have to either run a duplicate paper log, which is a PIA, or make all sorts of annotations (mileage, hours, duty status, etc) in the ELD to comply with the Canadian record keeping requirements. Which means logging into the ELD to note loading and beginning mileage, then log out to drive, etc. Seeing all that, Barney is going to be apoplectic.

    Since ELD's have a GPS function, the 150 air mile exemption is addressed most properly through software. It's another symptom in this ELD fiasco, of nobody paying attention to the details......
     
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  8. bigguns

    bigguns Road Train Member

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    I know a company here in GA that does the exact same thing you are describing. Long haul, short haul, and ag exempt. When they are exempt their tablet shows 8 hr. available all through the day. I am not sure if this is what you need.
     
  9. Accidental Trucker

    Accidental Trucker Road Train Member

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    That's exactly what I am looking for. Would appreciate the name of the equipment, please.
     
  10. Mark Kling

    Mark Kling Technology Contributor

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    Well you did not mention Canada.

    In the US, you run the ELD in exempt. once you cross into Canada you take out of exempt.. when you enter the US again you put in exempt so long as you are within the 150 mile radius.. you do have to leave and return to same point for the exemption..

    If Canada questions,, make a copy of the exemption reg to show them...
     
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  11. Mark Kling

    Mark Kling Technology Contributor

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    All will show that since the clocks are not running...
     
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