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Texas Congressman asks Trump to delay ELD mandate via Executive Order

The Texas representative who has been the principal sponsor of the H.R. 3282 ELD Extension Act of 2017 two-year electronic-logging-device mandate delay has written a letter requesting President Trump write an executive order to delay the December 18 mandate enforcement deadline at least until April Fool’s Day next year. April 1 is also the date on which federal and state law enforcement partners have stated they will begin enforcing the Commercial Vehicle Safety Alliance’s out-of-service criteria around use of ELDs.

Rep Brian Babin (R-Texas) posted the letter to his Facebook page today.

I sent a letter today to President Donald J. Trump with a plan for him to use an Executive Order to delay the Electronic…

Posted by Rep. Brian Babin on Thursday, November 9, 2017

Babin’s letter says the Congressman consulted the Congressional Research Service to determine if such a delay would be within the purview of the executive branch, concluding it would be. “My preference,” Babin writes, “would be to delay the rule for as long as it takes, but at a bare minimum, I would encourage an initial waiver for all sectors until April 1, 2018.” The Congressman asked for a response from the President by December 1.

The approximately three-month delay, in addition to conforming with the CVSA-approved out-of-service criteria enforcement delay, would eliminate “the very predictable havoc of trying to implement this massive, complicated regulation just a week before Christmas – perhaps the busiest time for the consumer freight network of the year,” Babin writes, later addressing the president directly. “A few powerful interests will tell you that this mandate is good for trucking, and our country, but millions of hardworking people across our country who came together exactly one year ago to elect you president profoundly disagree.”

He went on to cite concerns with the cybersecurity, cost and truck-safety implications of the mandate. You can read the full letter via this link.

As of midday today, November 9, 2017, Babin’s bill had 64 cosponsors, up from around just more than 50 the first week of October, when grassroots ELD mandate protests took place in Washington, D.C., and around the country.

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Todd Dills is Senior Editor of Overdrive magazine and writes from Nashville, Tenn. He frequently covers business, regulatory and lifestyle topics for the magazine and at OverdriveOnline.com. His work on the “CSA’s Data Trail” series in Overdrive about the federal CSA program was awarded the highest honor in trade journalism – the “Grand Neal” – by American Business Media at the 2014 Jesse H. Neal Awards. Dills’ Channel 19 blog covers a grab bag of on-highway hearsay, owner-operator news and driver views from the roadways the nation over. His work in trucking journalism builds on a background of news feature, fiction and other creative writing and editing. Find him here at the Channel 19 blog and via his Twitter feed, or send tips to tdills@randallreilly.com or via phone at 205-907-2481.