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3 Potential Disruptors to ELD Implementation

3 Potential Disruptors to ELD Implementation | The Road

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As the ELD mandate marches along toward a December 2017 implementation date, let’s recap some of the latest news and discussions in the marketplace. While most expect and plan on the ELD mandate to go into effect as scheduled, there are a handful of events and issues that could delay or outright vacate the rule.

OOIDA takes ELD case to the Supreme Court

OOIDA takes ELD case to the Supreme Court | The Road

On April 13, OOIDA filed paperwork to officially take their ELD case to the U.S. Supreme Court. While this is not unexpected, it will be one of the leading sources of uncertainty for the ELD mandate until the U.S. Supreme Court decides to take the case or let the lower court ruling stand.

ELD Data Transfer

ELD Data Transfer | The Road

FMCSA announced a public meeting on May 9 in Washington, DC to engage the ELD providers around some remaining technical issues. These issues have to do with the standards with which data will be passed back and forth between law enforcement and drivers. If unforeseen issues are uncovered during FMCSA’s dialogue with the ELD community, it could result in a delay in implementation.

In addition to the two issues mentioned above, there is a very small chance that the new FMCSA administrator decides to pause ELD implementation so they can re-examine the whole program to see if it fits into the new Trump administration’s priorities. It should be noted that the final ELD rule is not included in the executive order requiring that no new regulations be issued, because the ELD mandate was technically made a final rule in December 2015.

Government Funding for ELDs

Government Funding for ELDs | The Road

Finally, there is always an outside chance that within a government funding (appropriations) bill, provisions to delay the rule could potentially be included. This is highly unlikely, but certainly still an active possibility.

Most in the industry are planning on the ELD mandate being implemented in December 2017, however, we should all take Yogi Berra’s wisdom to heart and remember that ”It ain’t over, till it’s over.” C.H. Robinson will continue to closely monitor these potential disruptors, and we’ll be sure to keep you informed on updates and potential impacts as things progress.

- Director, Government Affairs- C.H. Robinson

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