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The most recent Congressional rebuff came when an amendment to the Federal Aviation
Administration Reauthorization Act (F4A) of 2018 that would have clarified Congress’
intent to have federal regulatory authority over interstate commerce, was removed as the
House and Senate conference committee met to resolve differences between the two bills as
passed by those respective chambers.
The amendment would have stopped the erosion of federal authority by states which
impose meal and rest breaks that run contrary to national uniformity.
The amendment had been approved in the House on a vote of 222-193 last April but was
not part of the FAA Senate bill.
Within hours of learning that the amendment had been quashed, the ATA submitted a
petition to the FMCSA requesting a determination whether California’s meal and rest break
rules are pre-empted by federal law.
The specific federal law cited by ATA says a state may not enforce a state law or regulation
on commercial motor vehicle safety that the secretary of transportation decides may not be
enforced.
The letter was led by Rep. Peter DeFazio of Oregon, now the ranking member of the
House Committee on Transportation and Infrastructure, and presumptive chairman in
January, and Sen. Patty Murray of Washington state, now ranking member of the Senate
Committee on Health, Education, Labor and Pensions.
Heller said trucking would continue to work toward a legislative fix to end states’ ability
to create their own transportation laws that are in conflict with federal regulations.
INFRASTRUCTURE
It was a long-awaited announcement when, on February 12, President Donald Trump
laid out his plan to improve the nation’s current infrastructure through repairs and new
construction.
It was a 53-page document that included turning $200 billion in federal money into
$1.5 trillion for fixing America’s infrastructure by leveraging local and state tax dollars and
private investment.
“For too long, lawmakers have invested in infrastructure inefficiently, ignored critical
needs, and allowed it to deteriorate. As a result, the United States has fallen further and
further behind other countries,” Trump’s message read. “It is time to give Americans the
working, modern infrastructure they deserve.”
J. J. KELLER’S ELD INSIGHTS
Are you Ready for Intrastate
ELD Adoption?
While most interstate drivers of commercial motor vehicles (CMVs)
are required to use electronic logging devices (ELDs) to record
their hours of service, many states are in the process of updating
their intrastate adoptions of the Federal Motor Carrier Safety
Regulations (FMCSRs) to include the ELD requirements.
States have three years from the effective date of a regulation to
adopt intrastate regulations that are compatible with the federal
requirements. If a state’s intrastate regulation is not compatible,
the state risks losing millions of dollars in federal assistance
directed to its motor carrier enforcement program. Rarely does
a state adopt a regulation that is not compatible.
The following states have adopted the federal ELD requirements
for intrastate drivers of property-carrying CMVs. However, the
applicability of the requirements, as well as the effective dates
can vary from state-to-state:
Alaska Louisiana Pennsylvania
Arizona Michigan South Carolina
Arkansas Minnesota South Dakota
Colorado Montana Tennessee
Connecticut Nebraska Texas
Georgia Nevada Utah
Illinois North Carolina Virginia
Indiana North Dakota Washington
Iowa Ohio Wyoming
Kansas
Oklahoma
Other states have not yet adopted the ELD requirements for
drivers of property-carrying CMVs, including more populous
states like California, Florida and New York. However, adoption
for intrastate operations is expected in the near future. (Go to
JJKeller.com/IntrastateELD for updates.)
Trucking stakeholders are hopeful that the need for a viable infrastructure plan
will become a bipartisan issue in the next Congress.
www.Truckload.org | TRUCKLOAD AUTHORITY 9
When it comes to the issue of whether intrastate operations need
ELDs, it isn’t a matter of “if,” but a matter of “when.” If your state
hasn’t required ELDs for HOS-regulated intrastate operations
yet, it will be coming soon. Being prepared is the best course of
action, as a state’s adoption can become effective in a relatively
short period of time.
Refer to J. J. Keller’s Intrastate ELD Requirements
Compliance Brief for current state adoption
information and explanations of interstate
and intrastate commerce, available at
www.JJKeller.com/IntrastateELD.
Fleet Management System
with ELogs