3 Enforcement Short-Term Rental Trucks and ELDs On October 11, 2017, FMCSA issued a favorable decision on a Truck Rental and Leasing Association (TRALA) request for a 5-year exemption from ELD use by drivers and carriers operating short-term rental trucks for 30 days or less. Although TRALA requested the exemption for 30-days or less truck rentals, FMCSA agreed to grant the ELD exemption for CMVs (i.e., trucks) rented for 8 days or less. Clearly an important and significant difference, but one that will provide relief for many carriers and drivers renting trucks for unexpected breakdowns, short-term additional capacity, etc. Below are some of the important details of FMCSA’s decision that carriers and drivers need to know and follow, when using this newly-granted exemption. THE EXEMPTION & ITS EFFECTIVE DATE UNIFORM ENFORCEMENT THROUGH STATE FMCSA’s decision provides a “limited exemption” for the driver and PREEMPTION carrier of a CMV rented for 8 days or less, regardless of the reason FMCSA’s notice also makes clear that during the 5-year period for the rental. The exemption is effective on October 11, 2017, and is this exemption is in effect, no State “shall enforce any law or available for 5 years through October 11, 2022. regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person THREE BASIC CONDITIONS REQUIRED FOR operating under the exemption.” USE OF THE EXEMPTION 1. Drivers must have a copy of the FMCSA exemption notice in AN ACCIDENT REPORTING REQUIREMENT their possession while operating the rental CMV, and must Carriers must notify FMCSA via email (at [email protected]) within present it to law enforcement upon request. The Notice can be 5 business days of any DOT-recordable accident involving any of found and printed from this page on the FMCSA website. its drivers operating under this rental truck ELD exemption. In its 2. Drivers must have a copy of the rental agreement in the rental notice at the link above, FMCSA specifies 11 different items that CMV, and must present it to law enforcement upon request. The must be reported to the Agency (e.g., date, location, driver’s name agreement must clearly identify the parties to the agreement, and license number, etc.) the vehicle, and the dates of the rental period. 3. Drivers must possess copies of their paper logs for the current NOT SURE WHICH TRUCKS ARE IMPACTED? day, and the prior 7 days (if required on those days). While the exemption and its conditions are fairly clear on their face, there will likely be questions posed by carriers and drivers, as A CLEAR & CONCISE PROHIBITION has been the case for most parts of the ELD mandate rules. It’s a FMCSA makes clear that any evidence a carrier has replaced one good idea to check FMCSA ELD website regularly for the Agency’s rental CMV with another on 8-day cycles, or attempted to renew a responses to the inevitable questions about application of this rental agreement for the same CMV for an additional 8 days, will be exemption. For example, someone is likely to pose a question regarded as a violation of the exemption, and subject the carrier to concerning use of the exemption for the first 8 days of a 30-day penalties for failure to use an ELD. rental agreement. 11