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Need to Know

FMCSA Seeks Comments on NWRA’s Industrywide ELD Exemption Request

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NWRA says the exemption would create regulatory consistency across the entire waste and recycling industry.

The Federal Motor Carrier Safety Administration (FMCSA) published a Notice of Application for Exemption and Request for Comments in the March 29 Federal Register on the National Waste & Recycling Association’s (NWRA) application for an industrywide hours of service exemption as it relates to the electronic logging device (ELD) mandate.

“We are pleased that FMCSA is willing to consider that the waste and recycling industry is different from most other sectors and is now seeking comments on our application,” said NWRA President and CEO Darrell Smith in a statement. “We are hopeful that FMCSA will come to this conclusion at the end of the process based upon the facts and submitted comments.”

“ELDs are actually counterproductive for our industry and increase risks associated with distracted driving due to the frequency that waste and recycling industry drivers must interact with them,” added Smith. “Safety is the top concern for NWRA and its members. We want every single member of our industry to make it home each day safely, without a crash, and free from injury or fatality.”

NWRA urges all private-sector waste and recycling industry companies to weigh in with their own unique stories and comments supporting this exemption before the April 29 deadline. Instructions on submitting comments can be found in the notice.

FMCSA granted such an exemption to Waste Management on October 25, 2018. NWRA filed comments supporting Waste Management’s application in August as part of an NWRA-led effort on behalf of the entire waste and recycling industry. The association encouraged and coordinated comments from member companies including those submitted by Republic Services and Waste Connections.

An industrywide exemption would create regulatory consistency across the entire waste and recycling industry, solidify the exemption already granted to Waste Management and preempt the need for individual companies to apply for their own exemptions that would create a confusing patchwork enforcement system,” according to NWRA.

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