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Legislative News/Updates

TRAA & TRAA LAN® Initiatives

As your national association, TRAA provides legislative representation for the towing and recovery industry. TRAA and the TRAA LAN have monitored and addressed numerous legislative issues.

2018-2019

  • Oklahoma Abandoned Vehicle Legislation
    • Submitted support documentation
  • Maine Liability Court Case
    • Review documents
    • Solicit support
  • Hours of Service – Federal Register
    • Comment submitted
  • Virginia Auction Lien Process
    • Reviewed and comments submitted

2017-2018

  • TRAA submits ELD Exemption Petition
    • Submitted December 2017
    • Denied June 2018
  • R.3282 ELD Extension Act of 2017
    • Submitted letter of support to Rep. Brian Babin (R-TX-36)
    • LAN representative met with Congressman
    • Press release to industry publications and media
    • Call to Action to state associations
  • NCOIL Model Consumer Protecting Towing Act
    • Submitted letter of opposition to NCOIL’s National Office and Representative Matt Lehman (IN)
    • Call to Action to state towing associations and company members with areas of concern outlined
    • TRAA representatives met with NCOIL and NAMIC in May 2018
  • Reducing Regulation & Controlling Regulatory Costs
    • Submitted letter to Secretary Elaine Chao expressing industry concerns regarding DOT/FHWA regulations
  • Maine H.P. 724Act Concerning the Contents of a Commercial Vehicle Towed without the Consent of the Vehicle’s Owner
    • Reviewed, no action required
  • NY S5397A – Bill Standardizing Towing Lights
    • Submitted letter of support
  • Wisconsin State Ton Per Mile (TPM) Tax
    • Submitted letter of opposition
  • Killing of a Motor Club Service Provider in FL
    • Submitted letter to all motor club CEO’s regarding policies and procedures
    • Call to Action to state associations
  • Industry Insurance Crisis
    • Informational handout with advice created by Elizabeth Martineau-Dupuis, TRAA Director of Certification

Dealing with the Electronic Logging Devices (ELD) Mandate

In June 2018, Federal Motor Carrier Safety Administration (FMCSA) denied TRAA’s petition for an exemption from electronic logging device requirements for the towing industry.

In an effort to assist our members with the implementation of ELD’s, we have provided some helpful and valuable information.

Hours of Service Compliance – Best Practices for Towing Companies

ELD Implementation for Towers


TowMate, LLC; Parts and Accessories Necessary for Safe Operation
Summary

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant TowMate, LLC’s (TowMate) application for a limited two-year exemption to allow motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations. Under the Federal Motor Carrier Safety Regulations (FMCSRs), all required lamps, with the exception of battery-powered lamps used on projecting loads, must be powered by the electrical system of the motor vehicle. The Agency has determined that use of rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations would not have an adverse impact on safety, and use of these systems under the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. This decision is consistent with an August 2005 amendment to the FMCSRs to allow battery powered lamps on the rear of projecting loads.

Dates
This exemption is effective February 9, 2016 and ending February 9, 2018.

2015 FAST Act – Now what?
On Friday December 4th, President Obama signed the five-year, $305 billion federal highway bill, known as the Fixing America’s Surface Transportation Act or the FAST Act.
TRAA and the many state associations across the country greatly appreciate all of the efforts of our memberships in contacting their representatives to encourage them to remove or change this provision, unfortunately the final version of the bill remained unchanged. We THANK ALL OF YOU for raising your voices and being heard. Maybe we didn’t change the world THIS TIME but we will be ready to stand together for future legislative battles.
TRAA has been discussing the potential implications of Section 5514, and any negative effect it may have on the towing industry. Attorney Michael P. McGovern has written a formal response to TRAA’s questions and concerns.
We hope that you will find this information helpful. TRAA will continue to monitor the effects of this legislation as we move forward.
 

Electronic Logging Devices (ELD) – Final Rule 

Overview (see page 12)
The December 10th Final Rule mandates ELD use for HOS compliance. It applies to most motor carriers and drivers who are currently required to prepare and retain paper RODS to comply with HOS regulations under part 395.

The final rule allows limited exceptions to the ELD mandate. As indicated in § 395.1(e), drivers who operate using the time-card exception are not required to keep RODS and will not be required to use ELDs.The following drivers are excepted in § 395.8(a)(1)(iii) from installing and using ELDs and may continue to use “paper” RODS: (Emphasis added)

  • Drivers who use paper RODS for not more than 8 days during any 30-day period.
  • Drivers who conduct driveaway-towaway operations, where the vehicle being driven is the commodity being delivered.
  • Drivers of vehicles manufactured before model year 2000.
“Paper RODS” means RODS that are not kept on an ELD or AOBRD, but instead are either recorded manually in accordance with § 395.8(f) or on a computer not synchronized to the vehicle or that otherwise does not qualify as an ELD or AOBRD. This exception is limited to the ELD requirement only; these drivers are still bound by the RODS requirements in 49 CFR part 395 and must prepare paper logs when required unless they voluntarily elect to use an ELD.

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