Let The Horses (& Cowboys) Roam Free: FMCSA Creates New Driving Exception

Let The Horses (& Cowboys) Roam Free: FMCSA Creates New Driving Exception

Progress has been made to help reduce some of the confusion around the December 18, 2017 ELD mandate set out by the FMCSA.

Mar 14, 2018 by Katy Lucas
Let The Horses (& Cowboys) Roam Free: FMCSA Creates New Driving Exception

Cowboys and cowgirls driving their horses across the country may be able to breathe, and drive, a little easier today. For nearly three months rodeo competitors hauling their animal athletes across the country have faced head-scratching regulation issues, but some of them have just been alleviated.

When the Electronic Logging Device (ELD) mandate came into effect on Dec. 18, 2017, confusion immediately arose about which vehicles may fall into the category of needing a Commercial Driver’s License (CDL) and if rodeo would fall into the category of “activities undertaken for profit,” further proof of competitors needing a CDL license. 

The consequences of falling under a CDL class is where the larger concern arose: If rodeo competitors had to have a CDL, would cowboys making long trips as they criss-cross the country be required to take the mandatory breaks that other commercial drivers are required to take?

The National Pork Producers Council requested an extension, which was followed up by the American Quarter Horse Association’s support to make livestock-specific regulations. While not all of the questions have been answered, an exception to the rule has been laid out by the Federal Motor Carrier Safety Association (FMCSA) and has begun to clear up the confusion. 

The FMCSA has made some progress to clarify and create exceptions to the ELD mandate as it relates to rodeo competitors and others who haul horses to compete across the country. 

“The Federal Motor Carrier Safety Regulations do provide an exception for the transportation of horses and other animals to shows and events, as well as cars, boats and other similar items. In these cases, when the transportation in question is not business related (neither for compensation, nor where the driver is engaged in an underlying business related to the move), none of the regulatory requirements apply, even if prize or scholarship money is offered. This includes the Hours-of-Service (HOS) regulations, requirements for Electronic Logging Devices (ELD) and CDL regulations, unless required by the driver’s home state.”

Since the mandate came into effect in December, there have been reports of cowboys hauling horses not only being pulled over and warned, but fined for not having a CDL license, an ELD, or following the HOS mandates. Some haulers even reported applying for the CDL licensing in order to comply with the new regulations.

According to the FMCSA, if a driver is transporting horses for personal or non-commercial use and is pulled over by a safety official, they should now explain that the transportation is non-business related if that is in fact the case. 

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