House Bill 545, which proposes to adopt the federal electronic logging device mandate for intrastate motor carriers, is currently making its way through the Florida Senate House and Senate chambers. Should the bill become law, intrastate motor carriers will be required to use ELDs by December 31, 2018. Intrastate hazardous materials motor carriers are specifically excluded and will still be required to comply with the Federal ELD compliance date of December 18, 2017.

Florida’s adoption follows in the footsteps of Texas, which implemented a December 19, 2019 compliance date for the ELD mandate for intrastate motor carriers. While many smaller states have adopted the ELD mandate for their intrastate haulers, other larger states, such as Alaska and California, have yet to set a timeline. However, it is expected that all states will eventually follow, as the new federal rule requires states to adopt laws for intrastate truckers compatible with the Federal Motor Carrier Safety Administration Rule.

Whether you are an intrastate or interstate motor carrier, be prepared. In anticipation of the December 18, 2017 compliance deadline for interstate motor carriers, consider the following:

1. Are your customer contracts requiring you to be in compliance before the ELD compliance deadline?
2. Do your independent contractor agreements comply with the Truth in Leasing Regulations if you are requiring drivers to have an ELD (remember you cannot require drivers to purchase a particular product or service)?
3. Do you have an Hours of Service policy and ELD procedures for your employee drivers to follow (remember, law enforcement officers and DOT compliance auditors will be looking for this information in an audit and/or Level III inspection)?

These are just some of the issues you may encounter with the new ELD mandate. As always, we are available to answer any questions you may have regarding this rule and any other issue you may have on your operations.