Electronic logging devices-enforcement.

2018
STATE OF WYOMING
18LSO-0468
ENGROSSED
2.1

SENATE FILE

NO.
SF0092

Electronic logging devices-enforcement.

Sponsored by:
Senator(s) Agar, Anderson, Baldwin, Bebout, Hicks, Meier and Moniz and Representative(s) Allen, Blackburn, Blake, Edwards, Eklund, Flitner, Hunt, Loucks, Northrup, Pownall, Steinmetz and Winters

A BILL

for

AN ACT relating to commercial vehicles; specifying applicability of federal rules requiring electronic logging devices in Wyoming; preventing Wyoming officers from enforcing specified federal requirements; requiring rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 31
‑
18
‑
303
by creating
new subsection
s
(f)

and (g)
is
amended to read:

31
‑
18
‑
303
.

Authority of department to adopt rules and regulations governing drivers, equipment and hazardous materials; exceptions; maximum operating hours.

(f)

The department shall adopt rules according to this subsection prescribing the permissible operating time and other requirements of motor carrier drivers and equipment standards that allow specified motor carrier drivers in Wyoming to complete paper records of duty status and that do not require electronic logging devices (ELDs), notwithstanding requirements to make rules consistent with United States department of transportation rules and regulations as provided in subsections (a) and (c) of this section. A motor carrier driver operating in Wyoming and complying with department rules shall comprise substantial compliance with federal requirements. Department rules shall:

(
i
)

Apply to motor carrier drivers of commercial motor vehicles, as defined in 49 C
.
F
.
R
.
390.5, within the state of Wyoming not participating in interstate commerce who are required to keep records of duty status;

(ii)

Apply to livestock and agriculture commodity haulers within the state of Wyoming hauling their
own goods or participating in sanctioned rodeo, horse racing or
agricultural
events;

(iii)

Apply to
motor carrier
drivers within the state of Wyoming who use paper logs no more than eight (8) days during any thirty (30) day period or no more than ninety
‑
six (96) days during any calendar year;

(iv)

Apply to driveaway
‑
towaway drivers within the state of Wyoming transporting a vehicle for sale, lease or repair;

(v)

Apply to
motor carrier
drivers within the state of Wyoming of vehicles manufactured or containing
two (2) or more
components manufactured before model year 2000;

(vi)

Specify that nonuse of an ELD shall not invalidate any other safety inspections; and

(vii)

Not prevent an individual or business entity of any kind from voluntarily complying with federal laws involving
ELDs
.

(g)

N
o officer
,
as defined in W.S
.
31
‑
1
‑
203(a)
or
31
‑
5
‑
102(a)(xxxiii)
,
shall enforce

in Wyoming
any rule or regulation
that requires an electronic logging device that applies to an operator in paragraphs (f)(
i
) through (v) of this section,
except as provided in subsection
(f) of this section
and department rules promulgated according to subsection
(f) of this section
.

Section 2
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.

(END)

1
SF0092