FMCSA Denies American Disposal Services Inc Request for HOS ELD and RODs Exemption

The FMCSA Decision

ADS is a trash hauling and recycling company operating in four States, with over 300 drivers who hold CDLs. ADS has been using the multiple stop rule, “treating all the stops in a village, town or city as one.” ADS operations fall under the 100 air-mile short haul exemption in Section 395.1(e)(1). When drivers exceed the 12-hour limitation more than 8 times in any 30 consecutive days, ADS is required to install and use ELDs in its CMVs.

ADS applied for the exemption from the ELD and paper RODS requirements because the company does not believe ELDs can accurately record driving time when the CMV makes constant short movements with the driver often exiting the vehicle. FMCSA reviewed the application and the 10 comments submitted. On June 16, 2018, FMCSA denied the application. FMCSA concluded that ADS had not clearly explained how its non-use of ELDs and its discontinued use of paper RODS would reach the current level of safety that compliance with the HOS rules provides.

American Disposal Services Inc Request for HOS ELD and RODs Exemption

American Disposal Services, Inc. (ADS) is a trash hauling and recycling company with over 300 commercial driver's license (CDL) drivers servicing over 390,000 customers in four states with more than 400 commercial motor vehicles (CMVs). Each route has 800-1,200 stops/customers per day. Their drivers, on the average, service a home every 22 seconds and exit the truck about one-third to one-half of the time to assist the laborer.

ADS has been using the multiple stop rule, “treating all the stops in a village, town or city as one.” (See Regulatory Guidance Question 6 to Section 395.8.) The drivers leave the yard on driving time and at the first stop on the route they change their status to on-duty, not-driving time for next 500 stops. When it is time to go to the landfill, the drivers change their status from not-driving time back to driving. ADS operations fall under the 100 air-mile short haul exemption in Section 395.1(e)(1). However, they currently exceed the 12-hour limitation more than 8 times in any 30 consecutive days per driver, and would therefore be required to use ELDs.

ADS applies for the exemption from the required use of ELDs and paper logs as they state that there is no ELD that can accurately record driving time when the CMV makes constant short movements with the driver often exiting the vehicle.

ADS states that the considerable investment in equipment, training, and extra manpower required to use ELDs would not assist them to meet the FMCSA regulations, and, which according to them, would result in a significant financial burden and “waste of money.”

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