NWRA files for industrywide exemption from ELD rules

The petition follows Waste Management's recent exemption request.

November 14, 2018

The National Waste and Recycling Association (NWRA) of Arlington, Virginia, has filed a petition with the Federal Motor Carrier Safety Administration (FMCSA) requesting an industrywide exemption from Electronic Logging Device (ELD) rules. This is a stand-alone petition separate from NWRA’s previous comments urging an industry exemption filed with the U.S. Department of Transportation (USDOT) and FMCSA in support of Waste Management’s exemption request as well as in the pending Hours of Service rulemaking.

Drivers in the waste and recycling industry normally work a five-day work week, their daily work schedules are set in advance and they are eligible to obtain a 34-hour restart each week. They start and end their days at the same location, rarely going beyond a 40-mile radius. Since drivers live locally, their daily work schedules are managed directly by local supervisors.

“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. While NWRA recognizes the safety benefits that ELDs present for other sectors, these devices 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,” says NWRA President and CEO Darrell Smith in a written release.

FMCSA has previously granted this exemption to the ready-mix concrete and asphalt industries as well as NWRA member company Waste Management. National Waste & Recycling Association filed comments in August as part of an NWRA-led effort on behalf of the entire waste and recycling industry. The association encouraged and coordinated comments in support of Waste Management’s request from member companies including those submitted by Republic Services and Waste Connections.