We have received official notice from the FMCSA regarding the details of the ELD Exemption granted for our Drivers in the Motion Picture Industry.
FMCSA grants the Motion Picture Association of America (MPAA) a five-year exemption from the electronic logging device (ELD) requirements for all commercial motor vehicle (CMV) Drivers providing transportation to or from a theatrical or television motion picture production site. MPAA requested this exemption to allow these Drivers to complete paper records of duty status (RODS) instead of using an ELD device. FMCSA has determined that the unique aspects of these drivers’ operations, combined with additional oversight of their paper RODS, is equivalent to that which would result from the use of ELDs for their particular operations, and therefore provides an equivalent level of safety.
This exemption is effective January 19, 2018 and expires January 19, 2023.
Drivers must have a copy of this notice or equivalent signed FMCSA exemption document in their possession while operating under the terms of the exemption. The document must be presented to law enforcement officials upon request.
- Carriers operating under this exemption may not have “unsatisfactory” rating with the FMCSA or be subject to any imminent hazard or out of service orders.
- There is preemption language that prevents States from enforcing law or regulation that conflicts or is inconsistent with this exemption.
- Exempt motor carriers must notify FMCSA within 5 business days of any accident involving any of their CMVs operating under the terms of the exemption.
- Termination statement: the Agency will evaluate any information they receive about levels of safety and if they find safety is being compromised or if the continuation of the exemption is inconsistent with 49 U.S.C. 31315 (b) (4) and 31136 (e), the FMCSA will immediately take steps to revoke the exemption of the company or companies and drivers in question.
In order to utilize the ELD exemption for the full 5 years it’s the driver’s responsibility to be educated on HOS. There are stipulations within the exemption which could cause the FMCSA to revoke it. Drivers make sure you know the HOS, in April the CHP will hold another HOS class and CSATF will being rolling out an HOS course for all Members to take. Continuing to educate the Membership is what helped with the FMCSA decision.
As stated before, we would like to take a moment to thank all those who were instrumental in ensuring this exemption was granted. Over the past 4 years Local 399 Business Agent Chris Sell worked closely with the MPAA, CSATF, AMPTP, the Motion Picture Transportation Committee and many of our rank-and-file Members in transportation offices to determine the best course of action to file and lobby for this exemption.
Should you have any questions about the ELD Exemption, please email Chris Sell at firstname.lastname@example.org.