FMCSA says no to Mississippi non-profit’s request for CDL and ELD exemptions

The Federal Motor Carrier Safety Administration (FMCSA) denied a Mississippi charity group’s request for relief from regulations.

In a Notice to be published on July 17, FMCSA announced the decision to deny an application from Diamond Excursions Ladies Edition, doing business as Project GAP, for exemptions from commercial driver’s license (CDL) and electronic logging device (ELD) regulations.

Project GAP, which provides food and other necessary supplies to underserved communities and natural disaster victims, asked for the regulatory relief on behalf of its drivers, who are unpaid volunteers.

“Requiring CDL and ELD compliance poses a significant burden on our ability to serve affected communities, particularly during emergencies and natural disasters,” the group said.

FMCSA received 81 public comments on the exemption request. Of these, 75 commenters opposed granting the CDL exemption.

From the FMCSA Notice:

“Some of the commenters suggested alternatives that are available to the applicant. Lee Eastburn wrote, “First, the organization could operate several smaller, non CDL trucks, to move goods. Second, local LTL freight companies can be hired to move the goods for them safely. Third, sponsors could donate driver[s] and equipment to move the goods for this organization and take a tax credit for the lost time and associated costs on a per trip basis.” An anonymous commenter said, “If they want to skirt around the law then get a box truck small enough to accommodate the request.” Jefferson Murray wrote, “A valid CDL ensures a measure of safety, find volunteers that have a CDL or sell the semi and get something smaller. How far could you be going to pickup donations that you need an ELD and not the qualify for short haul?”“

FMCSA ultimately opted to deny the request because “Project GAP failed to establish that the exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved without the exemptions.”

The agency encouraged the group to “carefully review the regulations to determine whether there are any practical alternatives already available that would allow the applicant to conduct its motor carrier operations.”