Bills proposed in Congress on livestock hauling rules

All three members of Montana's congressional delegation have stepped into the ring on the issue of livestock haulers being required to use electronic logging devices in their trucks.

Rep. Greg Gianforte, R-Mont., and Sens. Steve Daines, R-Mont., and Jon Tester, D-Mont., all have opposed a U.S. Department of Transportation rule that drivers hauling animals follow the same time constraints monitored by electronic logging devices used for all commercial truckers that went into effect December 2017, although Congress keeps passing extensions for livestock haulers.

Gianforte has sponsored or co-sponsored several bills on the issue and Tester announced this week he is co-sponsoring legislation in the Senate.

In February, Tester, Daines and Gianforte helped push through a delay on implementing the rule for livestock haulers.

"When you're transporting live animals, you need flexibility to get loads to market on time and protect your bottom line," Tester said this week in a release about his new proposal. "Ranchers and livestock haulers know the unique circumstances they face better than anyone in Washington and they should have the flexibility they need to safely transport their product across the country."

Tester's bill would exclude livestock haulers from these new ELD requirements until a driver travels more than 300 air miles from their starting point while also allowing them to complete their trip if they come within 150 air miles of their destination regardless of their Hours of Service.

  The bill, which Tester plans to introduce with Sen. Ben Sasse, R-Neb., exempts livestock haulers from including loading and unloading times - which can take up to a few hours - in their Hours of Service and grants more flexibility in the amount of time they can drive while imposing longer mandatory rest after a trip is completed.

Gianforte co-sponsored a companion bill introduced in the House by Rep. Ted Yoho, R-Fla.

Gainforte and Rep. Collin Peterson, D-Minn., also reintroduced two pieces of legislation on the ELD mandate.

The Small Carrier Electronic Logging Device Exemption Act will exempt businesses which operate 10 or fewer commercial trucks from the requirements of the ELD mandate, and the Agricultural Business Electronic Logging Device Exemption Act will exempt agricultural businesses.

"Electronic logging devices are more Washington red tape that ties up truckers and puts livestock and Montana livelihoods at risk," Gianforte said in a release about the bill. "These bills will help reduce the unnecessary burden this federal mandate pushes onto Montana's small trucking operations, farmers, and ranchers."

During a U.S. Senate Appropriations Hearing, Daines pressed U.S. Secretary of Transportation Elaine Chao on finding a permanent solution to the  mandate that impacts Montana.

In the hearing, Daines stressed that in every corner of Montana, from Great Falls to Miles City, he hears concerns from farmers and ranchers on the burdensome ELD mandate. Daines questioned Chao on what measures she is taking to find a workable, permanent solution for Montana's farmers and ranchers, a release from Daines office said.

"This one size fits all regulation has had harmful effects on Montana's farmers and ranchers and across the trucking and agriculture industries," Daines said in the hearing.

"What are you doing presently to ensure you receive and incorporate feedback from agriculture stakeholders and find a workable solution for our farmers, ranchers and small businesses regarding the ELD mandate and hours of service regulations?" Daines asked Chao,

  Chao said the department will continue to prioritize this issue and listen to Montana's farmers and ranchers.